FTR News

Driggs, Idaho - (11/20/2008) - Ed.’s note: The Teton Valley News will feature this Water Wise column on a monthly basis through June of 2009. Articles are written by Friends of the Teton River staff. Water in the West, New Approaches to Old Conflicts By Ty Mack, Friends of the Teton River Water is among the most precious resources on Earth and the source of much conflict, particularly in the arid American West. Conflict over water has divided communities, pitted cities against farmers, and caused rifts between neighboring states. In 1885, a ditch dispute in Blackfoot left farmer Joe Koury dead in his ditch, felled by a shovel blow to the temple. In response to this complicated and violent past, a collection of statues, codes and case law— referred to as Water Law — has developed to govern the ownership, use and control of water. Idaho’s constitution establishes water as a public resource owned by the people of Idaho. A water right authorizes an individual to use the state’s water, in a specific place and for a use determined beneficial by the state. Because there is often not enough water to go around, laws have also been developed to govern distribution. Known as “prior appropriation,”the legal system for distributing water originated in the gold fields of California in the 1840s and borrowed directly from the laws governing mineral rights. Under prior appropriation, the first person to put water to beneficial use is entitled to satisfy their water needs completely before a “junior appropriator” is allowed to use any water at all. While this may appear today to be an unfair way to distribute a shared public resource, it served the essential purpose of giving certainty to settlers that their herculean efforts digging ditches to deliver water to newly cultivated fields would not be rendered worthless as more people moved into a region and competed for limited water supplies Today, pressure from a growing population, evolving economies and climate change demand a new approach to water management and new flexibility in water law. Agriculture, domestic, manufacturing, mining and hydropower were originally the only uses determined by the state to be beneficial. In the 1970s, Idaho expanded the definition of “beneficial use” to include instream uses of water including aesthetics, fish and wildlife, recreation and water quality. Although existing laws in Idaho make it difficult to transfer water to instream uses, recently established local water banks in the Lemhi and Wood River basins allow irrigators, conservationists and recreational users the flexibility to manage water to meet a variety of needs. Surrounding states like Montana and Oregon have amended water statutes to add even more flexibility. Without affecting existing users or altering the established priority system, these changes have enabled water managers to enhance river health, creatively deal with challenges like drought and reduce conflict. In fact, these changes have made water rights even more valuable, creating new financial opportunities for water rights holders. In the Teton Valley, Friendsof the Teton River (FTR) is currently working with diverse stakeholder groups to develop new approaches to water management which ensure that agricultural needs are met while also providing for water-efficient future growth and healthy streams and fisheries. To learn more, please contact FTR at (208) 354-3871 or at www. tetonwater.org.