It should be noted that none of the above excerpts from the state Constitution provide authority for the discretionary actions being taken by the current director of IDWR.
You'll also notice the apparent waffling within the plan as to federal jurisdiction over water. In the first quote, the state asserts its sovereignty, but by the fourth quote the state is “encouraging,” rather than mandating, that the feds work within the state system.
Well, that's how it was. But that's not how it is phone number list now. Apparently, the state legislature passed a series of bills that, in essence, gutted the whole state water system. In so doing, they have negated most of the rights of private water rights holders. Before delving into these statutes, some more background is necessary:
In the early 1980s, of Idaho contending that the state failed to allocate sufficient water resources to maintain sufficient instream flow in the Snake River. The settlement entered into between the state and Idaho Power Co. is known as the Swan Falls agreement. Under this agreement, the state agreed to re-adjudicate all water rights holdings in the Snake River Basin. This encompasses over 80 percent of the state's water supply. The state also agreed to manage the basin's resources to maintain certain minimum instream flows.
Idaho Power Company filed suit against the State
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