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<br />INDIANS, IDAHO REACH
<br />SETTLEMENT IN SNAKE BASIN
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<br />In one of the largest water-rights settlements ever, the
<br />Shoshone-Bannock Indian tnOes have settled their
<br />long-standing dispute with the state of Idaho over the
<br />waters of the Snake River basin.
<br />The dispute is a key part of a broader adjudication of
<br />the river, the single largest water-rights adjudication
<br />ever attempted in the U ,S. The 8O-page agreement
<br />covers a host of issues raised during the 5-year-old
<br />negotiations, Under the settlement, the tribe is eligible
<br />to receive about 581,000 acre-ft of water. The U.S.
<br />government will spend up to $5 million to buy grazing
<br />land for the tribes, $7 million to implement a water-
<br />management system, and $10 million for a tribal develop-
<br />ment fund. The state of Idaho will kick in an additional
<br />,~ooo to help to implement the settlement.
<br />Among the key rights the tnbc will receive are the fol-
<br />lowing:
<br />. 115,000 acre-ft of water directly from the Snake River
<br />and Sand Creek.
<br />. 150,000 acre-ft diverted from the Blackfoot River.
<br />. 46,931 acre-ft of storage in the American FaIls Reser-
<br />voir.
<br />. 83,900 acre-ft of storage iItPalisades Reservoir.
<br />The balance of the water will be diverted in small
<br />amounts from several tributaries in the area and from
<br />1~,~OO acre-ft per year of ground water, to be pumped
<br />WIthin the Fort Hall Reservation and the Bannock
<br />Creek basin.
<br />A similar, large Indian water-rights award on the
<br />Wind River Reservation in neighboring Wyoming has
<br />seriously disrupted the flows to existing water users (see
<br />related story below), Fearful that such a massive water-
<br />rights award could have the same impact in the Snake
<br />River basin, Idaho officials added language to the agree-
<br />ment to protect non-Indian water users. Under the
<br />agreement, the Indian water rights have priority dates
<br />going back as far as 1867. However, the Indians have
<br />---a--- agreed not to turn off the tap to anyone who was divert-
<br />~., ing from the Blackfoot or Bannock before Ian. I, 1990.
<br />The state estimates that this provision will affect rights
<br />
<br />0,21,
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<br />to some 45,000 acre-ft ot\vater on the Blackfoot River
<br />alone, In addition, to ensure that there are adequate
<br />flows on the Snake for existing users, the federal govern-
<br />ment has agreed to supplement flows with water from
<br />about 100,000 acre-ft of storage space it has set aside in
<br />the Ririe and Palisades Reservoirs,
<br />According to Tom Nelson, an attorney representing
<br />some of the non-Indian users in the negotiations, even
<br />with this water there,will be some negative impacts on
<br />non-Indian users if the tribes should ever use all of their
<br />entitlement. But, he says, the negotiated settlement will
<br />save "10 years of hard road and millions of dollars in
<br />fees,>> and still leave non-Indian users with plenty of time
<br />to figure out how to solve the problem.
<br />The agreement also gives the tribes the right to set up
<br />a water bank pursuant to state law, permitting them to
<br />rent water from the American FaIls and Palisades Reser-
<br />voirs on the open market to non-Indian users off the
<br />reservation, The rest of the water in the settlement must
<br />be used on the Indians' Fort Hall Reservation. The
<br />catch is that Palisades water can ouly be rented to users
<br />within the Snake River basin above Milner Dam, and
<br />American FaIls water must be rented within the borders
<br />ofIdaho.
<br />While the awards are significant, the tnOes are not
<br />done fighting for water. The agreement leaves un-
<br />touched the tnbcs' right to seek in-stream flows for the
<br />Salmon River basin, the Qearwater River basin and the
<br />Snake River basin below Hells Canyon Dam. Clive
<br />Strong, the deputy attorney general who represented
<br />
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<br />i
<br />In This Issue ' ,";"" j
<br />~yoming Engineer Rejects Indian Water Code ..~.2 1
<br />Bill Could Set Wilderness Rights Precedent ...........3', 1
<br />California Drought Prompts Interbasin Transfer 4";1
<br />N~ Mc:nco State Engineer Dead at 73......::.......:5'" .jl
<br />Califorma: ICYou Think This Year's Bad, Wait~?,
<br />
<br />=::~:!:".::1~...ty............:...;.:' .-6;,11
<br />..._.........__..6
<br />CAP at th~ ~d of the Line-Now What?............;.~.ii
<br />Legal OplDlon Doubts Sanctity of Texas Lake ._....7 !
<br />ASCI! Conference Offers Water Solutions............:...S :
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