Southern Idaho judge to decide on water curtailment

TWIN FALLS - A southern Idaho district court judge says he will decide later this week whether or not well closures imposed three weeks ago by the Idaho Department of Water Resources should be allowed to continue.

Fifth District Judge John Melanson heard arguments Friday from attorneys representing the agency, groundwater users and Clear Springs Foods of Buhl, The Times-News reported.

Clear Springs Foods relies on spring water from the Eastern Snake Plain Aquifer that stretches from Hagerman to St. Anthony and is one of the state's critical resources.

Clear Springs Foods contends pumping from the aquifer has reduced surface water flows, taking away from its senior water rights.

Idaho law distributes water rights on a first-come, first-served basis, and Clear Springs Foods has older water rights than the groundwater pumpers.

The Idaho Department of Water Resources agreed with Clear Springs Foods and imposed a water curtailment on groundwater pumpers that affects more than 4,000 acres and about 150 junior groundwater rights in four counties.

Melanson denied a request for the temporary stay from groundwater pumpers earlier this month, in part because such a ruling could cause irreparable harm to Clear Springs Foods. But he also scheduled Friday's hearing to listen to arguments on a permanent stay.

At the hearing, Melanson asked what kind of damage was being caused by the lack of water to the two sides.

Idaho Deputy Attorney General Phil Rassier, representing the Department of Water Resources, said most of the groundwater pumpers are complying with the curtailment order.

He said the department still needs to look at small commercial properties, some dairies, and make sure some farmland isn't being planted with fall crops.