Judge: Idaho groundwater well closures to continue
Friday, August 14, 2009 10:21 AM PDT
TWIN FALLS (AP) — A state imposed shutdown of dozens of groundwater wells, which irrigate more than 4,000 acres of crops and hayfields in southern Idaho, will go forward under a judge’s ruling.
The Idaho Department of Water Resources has issued curtailment orders for 150 water rights tied to groundwater wells in four counties as part of a plan to increase flows legally owed to trout producer Clear Springs Foods Inc.
Lawyers for the groundwater pumpers this week asked a state court to temporarily put the agency’s curtailment order on hold.
On Wednesday, 5th District Judge John Melanson denied the request for the temporary stay, in part because such a ruling could cause irreparable harm to Clear Springs. But he also scheduled a hearing for Aug. 21 to hear arguments on a permanent stay.
The decision also means the department can continue enforcing the shutdown. So far, the agency’s enforcement has been limited to inspections and telephone calls to water rights holders.
The region’s watermaster will begin making personal visits to irrigators not complying with the order, the department’s interim director, Gary Spackman, said Thursday.
The watermaster has the authority to take steps to physically shut down the wells if an agreement can’t be reached, he said.
‘‘We’re not trying to rush into the cessation of the use of water until it appears there is no other option,’’ Spackman told The Associated Press. ‘‘We need to be respectful of their dignity and the anxiety they are most certainly dealing with right now.’’
The state initially ordered wells closed effective July 31 across nearly 9,000 acres in seven counties, but cut that target in half last week.
The curtailments are linked to an ongoing water call filed by Clear Springs. The company, which has senior water rights, claims growth in pumping from the Eastern Snake Plain Aquifer in recent decades has decreased flows that emerge from springs that provide the fish farm with cold, clean water.
Check out more state news at www.argusobserver.com
Exiled wrote on Aug 14, 2009 7:49 PM: