20221031Application.pdf

}i LIEIVE,D
Preston N. Carter, ISB No. 8462
Morgan D. Goodin, ISB No. 11184
Givens Pursley LLP
601 W. Bannock St.
Boise, Idaho 83702
Telephone: [phone]
Facsimile: [phone]
prestoncarter@ givenspursley. com
moreaneoodin@ qivensoursley. com
:.iri [tT 3l Pl'{ h: l+5
:.-', l-l r:{iilL;- r r! !l' '. l-,rll ,all
C
SSION
Attorneys for Falls Water Co., Inc.
BEFORE THE IDAHO PI]BLIC UTILITIES COMMISSION
IN THE MATTER OF FALLS WATER
co., INC.',S APPLICATTON FOR
DEFERRAL OF CERTAIN COSTS
cAsE NO. rLS-W-22-0t
ArplrcatroN FoR DEFERRAL oF cosrs
ASSOCIATED WITH GROUNDWATER
MITIGATION
Falls Water Co., Inc. ("Falls Watef'or "Company") files this request for deferral of certain
costs associated with implementation of mitigation measures related to Falls Water's pumping of
groundwater, pursuant to its water rights, to serve customers. In support of this Application, Falls
Water alleges as follows.
BlcrcRouNo
l. Falls Water is a regulated water company that serves approximately 6,400
customers within its service territory near Idaho Falls, Idaho pursuant to CPCN No. 236, as
amended.
2. Falls Water owns certain water rights, under which Falls Water is allowed to pump
groundwater from its wells to serve its customers.
AppltcerroN FoR DBTBRRaI Pece 1or'6
GnouxnwATER MITIGATIoN AND ASSocIATED cosrs
3. Falls Water is located within the Bonneville-Jefferson Ground Water District
("District"), which is a member of an entity known as the Idaho Ground Water Appropriators, Inc.
("IGWA").
4. In2016, as a result of growing conflict between the holders ofjunior groundwater
rights and the holders of senior surface-water rights, IGWA entered into a Stipulated Mitigation
Plan with an entity known as the Surface Water Coalition. The Mitigation Plan, which was
approved by the Idaho Department of Water Resources, provides a framework for administrating
groundwater rights, including Falls Water's groundwater rights, in a manner designed to decrease
conflict between water users. The Mitigation Plan is attached as Attachment l.
5. Among other things, the Mitigation Plan required groundwater users to decrease
water production by approximately 240,000 acre-feet. This total volume of decreased production
was apportioned among IGWA members. The District's share of the reduction in production is
currently approximately 18,000 acre-feet, and that volume may increase in the future.
6. Stated another way, as a result of the Mitigation Plan, groundwater users within the
District are required to decrease groundwater production by approximately 18,000 acre-feet.
7. The District has determined to implement this reduction in groundwater production
by requiring its members to pump at or below baseline levels, with "baseline" defined as average
production levels from 2010-2014.
8. Due to drought conditions, in April 2022,the director of the Department of Water
Resources signed a curtailment order that required all non-mitigated gtoundwater rights junior to
December 25, 1979 to be curtailed effective May 1,2022.
Appr-rcarroN FoR DBn'BRnar-Pecs 2 or 6
9. Because Falls Water is part of the District, which is party to the Mitigation Plan,
Falls Water's water rights are mitieated rights and were therefore not subject to the curtailment
order.
10. While the water rights of members of the District were not curtailed, the Director's
curtailment order heightened the importance of achieving the mitigation requirements set forth in
the Mitigation Plan. Upon examining its records, the District determined that it had not met its
mitigation requirements for the past two years, 2020 and202l.The District's conclusion is set
forth in its May 6,2022letter, affached as Attachment 2.
1 1. To meet the required production reductions, and in light of the Director's
curtailment order, the District required all non-irigation systems to pump at or below their
baseline pumping volumes. Pumping over this amount would result in an assessment of $100 per
acre-foot. See Attachnent 2.
12. Since 2014-the last year used to determine the baseline pumping volumes-Falls
Water's customer base has grown approximately 40o/o.
13. While Falls Water's water rights portfolio is sufficiently large to meet the needs of
its customers, the demand on Falls Water's system requires it to pump at volumes greater than
baseline. In prior years, this has not been an issue. However, n2022 the cumulative growth on the
system, drought conditions, and the actions of other members of the Groundwater District were
such that incurring mitigation fees was necessary for Falls Water to pump sufficient water to meet
customer demand.
14. Falls Water expects to be invoiced for mitigation fees in the first quarter of 2023 for
pumping that occurredin2}2l. The precise amount of mitigation fees is not known at this time,
but they are expected to be material in light of Falls Water's overall operations.
Applrclnoll FoR DEFERRAL Pecp 3 or 6
15. Falls Water has attempted to manage its operations so as to minimize production
and to avoid mitigation fees. It has pursued the purchase of additional water rights; it has urged its
customers to conserve water; it has explored the possibility of leasing water rights from the water
bank; and it has explored changing its rate structure to encourage conservation. Conservation
measnres have worked to some degree: Falls Water pumped less water n2022 than in 2021.
However, conservation measures have not been sufficient to bring production below baseline
levels.
Rnqursr FoR DEFERRAL oF cosrs ASSocIATED wITH GRoUNDwATER MITIGATIoN
16. The costs associated with groundwater mitigation were not, and could not have
been, anticipated when the Commission set Falls Water's revenue requirements and base rates. ln
addition, the existence and amount of mitigation fees depend on conditions that cannot be
forecasted and, as such, could not have been included within rates on a prospective basis.
17. The costs associated with groundwater mitigation are necessary to meet Falls
Water's legal obligations to serve its customers and were prudently incurred as part of such
obligation.
18. The costs associated with groundwater mitigation are expected to include mitigation
fees for 2022 andpossibly other costs, if Falls Water is able to find a lower-cost solution that
would decrease mitigation fees.
19. Falls Water may also incur future costs associated with longer-term measures to
address water-rights issues. These long-term costs are not intended to fall within the scope of this
Application. Falls Water will consider the longer-term measures to address water supply,
mitigation through conservation programs, and potential conservation rate design price signals in
its next rate case.
ApplrclrroN FoR DepERRer.Pacp 4 or 6
20. Falls Water will provide to the Commission the full amount of these costs when
they become known.
21. Falls Water respectfully requests that the Commission issue an order allowing Falls
Water to defer ttre costs associated with groundwater mitigation such that Falls Water can advocate
for recovery of these costs in a future rate case. Falls Water understands that the Commission will
not make a frnal decision regarding recovery of these costs until the future rate case.
Moorrrro Pnocnounn
22. Falls Water submits that a hearing is not necessary for the Commission to consider
this Application, and respectfully requests that this Application be processed by modified
procedure.
PnavnnFoRRELIEF
For the reasons set forth above, Falls Water respectfully requests that the Commission issue
an order:
1. Authorizing Falls Water to defer costs associated with groundwater mitigation such
that Falls Water is able to advocate for recovery of these costs in a future rate case;
2. Ordering the Application to be processed by modified procedure; and
3. Ordering any other relief that the Commission deems just and necessary.
DATED October 31,2022.
Gryeus Punsr.Ev LLP
9 ------e-- Z--
Preston Carter
Givens Pursley, LLP
Attorneys for Falls Water Co., Inc.
AppLrcanoN FoR DEFERRAL PacE 5 or 6
CERTIFICATE OF SERVICE
I certiff that on October 31,2022, a tue and correct copy of the foregoing was served upon
all parties of record in this proceeding via electonic mail as indicated below:
Commission Staff Via Electronic Mail
JanNoriyuki, Commission Secretary [e-mail]
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg. 8, Suite 201-A
Boise,ID 83714
,"A.,--L>
PrestonN. Carter
Applrcenorq FoR DEFERRAL Pecs 6 or 6
-Hzfr]
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ATTACHMENT 1
JohnK Simpson,ISB#I/;242
Tnvis L. Thompcog ItlB #6168
Paul L. Arrington,ISB #7198
BARKER ROSHOTT & SIMPTION I,I,P
195 Rivo Visb Placc, Suitc 204
Twin Fals, Idaho 83301-9V29
Telcphonc: (20t) 7334700
Facsinilc: Q08)735-24//.
Attorwys for AdLB lrrtgatlon Dtslrict, Bwley
Inlgatlon Dtstrict, Mlln* httgotion Dlsfrct,
North Side Caal Conpory, otd lbln Falls
CoulConpry
R ndall C. Budge,ISB #l%9
thomas J. Budgc,ISB #7465
RACINE OLSON NYE BT'DGE & BAILEY, CI{TD.
201 E. Canter St /P.O. Box 1391
Pocatcllo, Idaho 832U-1 391
Telephonc: Q08) 2324101
Facsimilq (20tt 212'6109
Ittomeysfu ldolp CfiotordVdt lppoptators, lrc,
IN TTIB MATTER,OF TIIE DISTRIBUTION
OF WATER TO VARIOUS WATER.
RIGHTTI HELD BY A}.ID FOR THE
BENEFIT OF A&B IRHGATION
DISTRICT, AI,IERICAI{ FALLS
RESERVOIR DISTRJCT #2, BI'RLEY
IRRIOATION DISTRICT, MITNER
IRRIGA]XON DTSTRICT, MINIDOI(A
IRRIGATION DISIITICT,NORTTI SIDE .
CA}.IAL COMPANT, AI{D TWIN FALLS
CA}-IAL COMPAI{Y
IN II{B I\{ATTBR OF IGWA'S
SETTLBMENT AGREEMENT
II,TITTGATION PI,A}.I
SUNSACE WATER OOAI.ITIOII'S AIID IGWA'S STIPI'I,ATEI)
MmGATION Pr,A!{ AND REQIrESrr rlOR OnDEn -
BEf,lORE TEE IDAtrO DEPARTMENT OT WAItsRRESOIIRCES
RECEIYED
fflr o e 20f
tv. Kent Fl€tch,r, IsB #2EffiEfo
ETETCHERLAW OFFICE
P.O. Box 24E
Bulen Idaho t3318
Tolophonc: [phone]
Frcsimile: [phone]
Attorneys for Aneilcat Falls
Resenob Dlstrtct #2 otd ltMola
IrrlgAton Dlsfrct
Dookct No. CM-MP-2O rc- D0 (
Surfecc Weter Coe[flontr rnd IGWA'T
Sdprhtcd l{tftrtlon Plrn rnd
RcquodforOrder
I
A&B Inigation Distict American Falls Reservoir Distict #2, Burley Inigation District,
Milner Inigation Distict, Minidoka lrigation Distict, North Side Canal Company, and Twin
Falls Canal Company (collectively the "Surface Water Coalition" or "SWC), and Idaho Ground
Water Appropriators, Inc. ('IGWA') hereby stipulate and move the Director to enter the
proposed Order Approving IGWA's Mitigation Plan attached hereto as F.xhibit A under Rule 43
of the Deparftnent's Rules for Coqiunctive Management of Surfaoe and Ground Water Resources
(cMR').
STIPIILATION
1. The Eastem Snake Plain Aquifer (ESPA) supplies groundwater to approximately
one million inigated acres and to numerous cities, businesses, dairies, factories and homes; and
2. The ESPA is hydraulically connectedJo the Snake River and discharges to the
Snake Nver via tibutary springs, which supply surface water for.multiple beneficial uses,
including aquaculture, hydropower, and the inigation of approximately one million acnes; and
3. Since 1952 the total volume of water stoted in the ESPA has decreased due to
increasing direct diversions of ground water, increasingly efficient snrface water irrigation
praotices, and other factors; and
4. Orrent ESPA water levels and total storage content, after more than six decades
of decline, are inadequate to provide a reasonably safe supply of wata for sustainable surface
and groundwater inigation, hydropower, aquaculture, municipal and industial uses, the
ourtailment of whichwould cause severe economic harm to the State of Idatro
5. In 2015, historic settlement qgreements, identified herein" werc entered into
between the following surface water right hrilders: A & B Irrigation Distuic! American Falls
Resen oir Distrist #2, Burley Inigation District, Milner Irigation Distict, Minidoka Irrigation
Distict, North side Canal Company and Twin Falls Canai Company, collectively known as the
Surface Water Coalition (SWC); and the following Sound water right holders: Aberdeen
American Falls Ground Water Distiot, Bingham Ground Water District, Bonneville-Jefferson
Crround Watsr Distiot, Carey Valley Ground Water Distict, Jefferson-Clark Ground Water
District, Madison Ground Water District, lvlagic Valley &ound Water District, North Snake
Groundwater DisEict, Fremont-Madison Lrigation Dishict, Anheuser-Buscho United Water,
Glanbia Foods, City of Blackfoot, City of American Falls, City of Jeromg City of Rupefi, City
of Heyburn, City of Paul, City of Chubbuok and City of Hazelton" collectively known as the
Idaho Ground Water Appropriators, Inc.; (IG\[/A) for the purpose of resolving pending water
delivery calls and provide for on-going management ofthe ESPA to address the cunent
hydrologic conditions identified inparagraphs nos. 3 and 4;
6. Attached hereto as Exhibib B and Crespectively are tnre and correct copies of
the Settlement Agreemenl entered lnto June 30, 2015, between partictpating membirs of tlu
Surface Wder Coalition and pwticipating members of the ldaho Ground Water Appropriators,
Inc. andAddendum to Settlement Agreement (collectively the "SWC-IGWA Settlement
Agreemenf).
SI'RFACD WATER COALITION'S AND IGWA'S STIPT'LI\TED
MITIGATTON PLI\N AND REQTTEST FOR ORTIER -
2
7. Attached hereto as Exhibit Dis atue and correot copy ofthe Agreementdated
October 7,2015 bet$,een A&B Irigation Disfriot and the IGWA meurbers who entered into the
SWC-IGWA Settlement Agreement (the *A&B-IGWA Agreemenf).
8. The parties hereby incorporate and submit the SWC-IGWA Settlement
Agreement and the A&B-IGWA Agreement (collectively, the "Agreements') as a stipulated
mitigation plan in referenoe to the Surfape Water Coalition delivery call (IDWR Docket No.
CM-DC-2010-001). The Coalition stipulates that the mitigation pmvided by participating IGWA
members underthe Agreements is, provided the Agreements are implemented, sufficientto
mitigate for any material injury oaused by the groundwater users who belong to, and are in good
standing with, aparticipating IGWA member.
9. With reqpect to the 2015 obligation identified in the SWC-IGWA Agreement
(Paragaph Z.a),onMay 8, 20l5,the SWC and IGWA filed the &rface Water Coalition and
IGWA Stipulation and Joint Motion Regarding April os Applied Order and Third Methodologt
Order in IDWR Docket No. CM-DC-2010-0001, punruant to which the Director entered an
Uder ApprovingStiplationandGrantingJoint MotiondateAMay 8,2015 (May 8,2015
Order').
10. IGU/A tully satisfied its 2015 obligation(SWC-IGWA Settlement Agreement
Paragraph 2.a) andthe May 8, 2015 Order by leasing and assigping 110,000 acre feet of storage
water to the SWC through the Water Disfiict 01 Rental Pool procedures.
11. With respect to the long term obligations identified in the SWC-IGWA
Agreernent (Paragraph 3), IGWA is proceeding to implement those aotions commenoing in 2016.
Partioipating IGWA members providing the stipulated mitigation to the SWC are not subject to
curtaihnent under the SWC delivery call, IDWR Docket No. CM-DC-2010-001, provided
aotions are implemented and performed as set forth in the SWC-IGWA Settlement Agreement.
Jrmior ground water dght holders who are not protected from curtailment trnder the Agreements
and ufuo do not otherwise have an approved Rule 43 mitigation plan will be subject to
codrmctirre administation pursuant to the Direstor's orders under IDWR Docket No. CM-DC-
2010-001.
12. IGI[/A, on behalf of its participating members identified in the Agreements,
stipulates and acknowledges the obligations, benchmarks and goal identffied in Pamgraphs I and
4 of the SWC-IGWA Settlement Agreement Provided the obligations identified in the SWC-
IG\MA Settlement Agreement are performed, the parties stipulate this mitigation plan is
effectively operating pusuant to CM Rules 40.01.b, 40.05 and 43.
13. The partias stipulale and request that the Director issue the attached Order
approving the SWC-IGWA Settlement Agreement and the A&B-IGWA Agreement together as a
mitigation plan under CMR 43 ('IGWA's Settlement Agreement Mtig*ion Plan').
14. Groundwater users who are not presently protected under IG\MA's Mitigation
Plan may participate on an equitable basis by joining an IGWA Crround Water Distict or
Irrigation Disbict that entered into the SWC-IGWA Settlement Agreement and the A&B-IGWA
Agreeme,nt and by complying with such Distict's obligations under IG\MA's Settlement
SI'RF'ACE WATER COALITION'S AI\D IGWA'S STIPI]LATED
MMGATION PII\N AND REQT'EST FOR ORDER -
3
Agreement Mitigation Plan; or, rrccure Direotor approval rif an individuat mitigation plan which
complies with CMR 43 and provides adequate mitigation to help aohieve thc groundwater level
goal and benchmarks set forth in the SWC-IGWA Settlement Agreement.
Therefore, the parties request that the Director:
(a) Publish notice of IGWA's 2015 Mitigation Plan in accordance with CMR 43.02; and
(b)Approve the SWC-IGWA Settlement Agreement and the A&B-IGWA Agreement
together as a complete mitigation plao uuder CMR 43.
(c) Take tlre necessary management actions to address declining ESPA groundwater
levels, water supply and sustainability issues in otder that the benefits conteurplated in
the SWC-IGWA Settlement Agreement are realized
DATED this _ day of tvlarctt, 2016.
BARKER ROSIIOLT &IJ,P FLETCUERII\W OXTICT
Flstcher
Travis L. Thompson
Paul L. Anington
Attorrcys for A&B Irrigatton District,
Bwley lrrigaion District, Milwr lwigdion
District, North Side Caral Company, and
Twin Falls Cansl Compny
RACINE OLSON NYE BIIDGE & BNLEY, (cErI).
Randatl C.
Attormeys for ldalra Ground Water Approyriotors, Inc.
SI'RFACE WATER COALMON'S AND IGWA'S STIPI'LI\TED
MIIIGATION PI,AN AI\D REQUEST FOR ORDER -
Attorneys for Mtntdoka Inigdion
District ond Atnerican Falls
Resetryoir Distrtct #2
v
4
. CERTIFICATE OX'SERVICE
I hereby certifr that on *&rrof March, 20l6,lserved a tnre and conect copy of
the foregoing Surface Water Coalition's and IGWA's Stiptlated Mitigatton Plan and Reqrcstfor
Ordcr on the following by the method indicated:
SU .RFACE WATERCOALIIION'S AND IGWA'S STIPT]II\TED
MITIGATION PLAN AND REQI'EST T1OR ORDER.
5
Director Gary Spachnan
c/o Deborah Gibson
State of tdalro
Dept of Water Resowces
322E Front St
Boise,ID 83720-0098t*{' ssrrter by electonic mail
facsimi le - 208-287 -67 00
[e-mail]. g9
v
deborah. gibsontDi&yr.idaho. go
v
MattHoward
U.S. Bureau of Reclamation
1150 N. Curtis Rd.
Boiss D*83706-1234
*** servioe by elecfionic mail
only
[e-mail]
[e-mail]
IDWR - Eastern Region
900 N. Skyline Dr., Suite A
Idaho Falls, ID 83402-1718
t** sen{ce by electonic
mail only
lyle. [e-mail]. gov
Randy Budge
T.J. Budge
Racine Olson
P.O. Box 1391
Pocatello, ID 83204-1391*** seryice by electonic mail
only
rcb@.racinelaw.net
tib@racinela*.ntt
SarahA. Klahn
MinaPemberton
White & Jankowski, LLP
511 Si:rteen& Shect, Suite 500
Denver, CO 80202*** seryice by elechonic mail
only
facsimile - 303 -825 - 5 632
sarahk@.white-i ankowski.com
mitrap@;white-i ankowski. com
David Cr€hlert
ENRD - DOJ
999 186 St.
South Terraoe, Suite 370
Denver, CO80202*** serl{ce by electonic
mail only
david. gehlem@usdoj . eov
A. Dean Tranmer
City of Pocatello
P.O. Box 4169
Pocatello,ID 83201*** sen{ce by eleotonic rnail
only
facsimile - 208-23 +6297
[e-mail]
WilliamA. Parsons
Parsons, Smith & Stone LLP
P.O. Box 910
Bruley,ID 83318
**'t senice by electronic mail
only
[e-mail]
IDWR- Southern Region
1341 Filtnore St., Suite 200
Twin Falls, ID 83301-3380
*** sglviss by eleotonic
mail only
allen.menitt@ i durr.idaho. go
v
cindy.yenter@i dun idaho. go
v
Michacl C Creamer
Jeftey C. Fereday
Givens Pursl€y
601 W Bannook St Ste 200
P.O. Box 2720
Boise,ID 8370t-2720*** sewice by electronic mail
only
moo@givenspursley. oom
icf@.civensourslev.com
IGthleenCarr
US Dept Interior, Office of
Solicitor
Pacffi c Northwest Regron,
Boise
960 Broadway, Ste 400
Boise,ID 83706**t sorvice by electronic rrail
only
facsimile - 208-334-1 9 I 8
kathleenmarion. [e-mail]. go
v
I
Randall C.
STIRFACE WAITR COALITION'S AI\D IGWA'S SIIPT'LATED
lvIrTrGATroN PLAN AND REQTTES FOR ORITER -
6
EXHIBIT A
Surface Water Coalition's and IGWA's Stipulated Mitigation Plan and Request for Order
BETORE TIIE IDAIIO DEPARTMEI{T OF WATER RESOT'RCES
IN TIIE MATTER OF THE DISTRIBUTION
OF WATER TO VARIOUS WATER
RIGHTS TIELD BYA}.ID FOR TIIE
BENEFIT OF A&B IRRIGATION
DISTRICT, AMERICAI.I FALLS
RESERVOIR DISTRJCT #2, BI.]RLEY
IRRIGATION DISTRICT, MILNER
IRRIGAT.ION DISTRICT, MINIDOKA
IRRIGATION DISTRICT, NORTII SIDE
CAIIAL COMPAI{Y, A}.lD TWIN FALLS
CA}IAL COMPA}IY
Docket No. CM-MP-2016-
rINAL ORDER
IN TIIE MATTER OF IGWA'S
SETTLEMENT AGREEMENT
MITIGATION PLA}.I
Based upon and consistent with the Surface Water Coalition's and IGWA's Stipulated
Mitigation Plan and Request for Order filed herein, and good carse appearingtherefore,
IT IS IIEREBY ORDERED as follows:
The IGWA Settle,ment Agreemat Mitigation Plan is APPROVED upon the following
conditions:
1. The parties will work cooperatively in implementiag the terms of the Agreement, to wit:
Sections 3 (Long Term Practices, Commencing 201q,3.m ('Steering Committee'), and
4.a ('Adaptive Water Management'). The parties will undertake the following actions to
begin implementation:
a- Section 3. tong Term Practices, Commencing 2016,
Pursuant to 3.a of the Settlement Agreement, prior to April l, 2016, the
participating Disticts will submit to the Steering Committee their proposed
aotions to be taken for the upcoming inigation seaso& together with supporting
infonnation compiled by the Districts' consultants.
Ptnsuantto 3.e.i of the Agreement IDWRwill collect, pnocess, arohive and
submit sentinel well datato the Steering Committee within 30 days of oollection.
a
Pursuant to 3.e. of the Agreement, the parties and their consultants will use a
goundwater level index at the sentinel wells and mutually agreed upon
calculationtechniques ('3e Calculation Technique') to determine if the ground
water level benchmarks and goal are met by June 1. This information shall be
provided for use by the Steering Committee.
IDWR will veriff eaoh Disnist's well measurEment and other diversion reduction
daa (recharge, CREP, conversions, end-gun removals, etc.) to confirm the
accuraoy of the data" This IDWR analysis shall be provided to the Steering
Committeeby annually. IDWR will not take additional action
following flre analysis for non-conformance.unless requested by the obligded
Disfrict.
Any Distict may elect to report to the Deparhent and request enforcement
against a member that is not in compliance with any mitigation plan or aotivity
implemented by the Distict to comply with tle Settlement Agreement. Such
members will not be protected under the Setflement Agreemenl The DirEctor will
evaluate the breach and if a breach is found to exist provide notice of violation
and opportunity to cure to the breaching member. If the member fails to cure the
breach the Dircctor will issre an order against the breaching member requiring
action to cue the breach or be zubject to curtailnrent. .
b. Section 3.m. Steedng Committee:
The Steering Committee will review the technical infonnation supplied by IDWR
together with technical reports compiled by the parties' consultants. This
inforrration will be reviewed at least bi-annually.
o If, based on the information rcported and available, the Steering Cornmittee finds
that the long Term Practices as set forth in paragraph 3 of the Agreement have
been performed but the ground warer level benchmmts or goal set forth in 3.e.ii
hsve not been me( the Steering Committee shall recommend additional actions to
be undertalcen by the Disticts prusuant to 3.m.iii of the Settle,r:rent Agreement. If
the Steering Committee does not agrce upon additional actions prior to Ldarch I
of the following year, the Director shall issue an order requiring additional actions
to be undertaken by the Dishicts to achieve the benchmarls or goal not mel
o
. If, based on the information reported and available, the Steering Committee finds
any breach of the Long Term Practices as set forth in paragraph 3 of the
Agreement, the Steering Committee shall give ninety (90) days written notice of
the breach to the breaching party speci$ing the actions that must be taken to
cure such breach. If the breaching party refuses or fails to take such actions to
cure the breaoh, the Steering Committee shall report the breach to the Director
with all supporting infomatiorl with a copy provided to the breaching party. If
the Director determines based on all available information that a breach exists
which has not been cured, the Director shall isstre an order qpecirying actions that
must be taken by the breaching party to cure the breach or be subject to
curtailment.
If the Steering Committee does not agree that a breach has ocourred or upon
actions that must be taken by the breaching party to cure the breach, the same wilt
be repoted to the Director who will evaluate all available information and issue
an order speciffing actions that must be taken by the breaching party to cure the
breach or be subject to curtailment.
The Steering Committee will submit a report to the parties and the Deparfiuent
prior to April I annually r€porting on: (a) prcgress on implementation and
achieving the benchmarks and goals ofthe Settlement fureement (b)
performance of the Long Term Practices set forth in paragraph 3 of the Settlement
Agreement, (c) the status and resolution of any breaches, and (d) adaptive water
management measures recommended and implemented pursuant to paragraph 4 of
the Settlement Agreement.
c. Section 4. Adaptive Water Management Measures:
o The inteirt ofthe Adaptive Maqagement Provision is to provide a forum for the
parties to resolve implementation issues without a party seeking an eoforcement
order from IDWR or a disfiict court. The terms of the Settlement Agreement and
this order approving the same as a mitigation plan contol and satisfu any
mitigation obligations imposed by the Merthodolory Order on the parties to the
Settlement Agreement. IDWR involvement in the described annual actions and
enforcement will be limited to those actions describe.d herein. If the Agency is
required by law to oonduct additional oversight, the parties would engage the
IDWR in the necessary actions.
o
2. On-goiag measures:
a. Total groundwater diversions fromthe ESPA shall be reduced by 240,000 acre-feet
annually startiry in20l6 and based on a 3-year rolling average going forward. This
diversion reduction has beeu allocated pro-rata by agreement between the Districts.
b. IGWA strall provide 50,000 acre-feet of storage through private leases from tlre
Upper Snake Reservoir system to the SWC twenty-one (21) days after the date of
allocation (as set by the Water Disfiict 0l V/atermaster).
c. IGWA shall use its best efforts to continue existing conversions in Water Districts
130 and 140.
d. IGWA's participating members shall not inigafe sooner than April I or later than
Ostober 31 in any year.
e. IGWA's participating members sball install approved closed conduit flow meters on
all remaining tmmeasured and power connmrptive coefficient meastued ground water
diversions by the beginning ofthe 2018 inigation season. The parties will determine
the sequence to phase in this condition by grorurd uater disfrict each year. If an
adequate measurement device is not installed by the beginning of the 2018 inigation
season, a power consumption coefficient methodology will be utilized to waluarc and
veriry the individual consumptive gmundwater use reduction condition.
f. The parties intend based on modeling results that ttre foregoing actions, coupled
with the State's commitnent to 250,000 AF of annual rccharge, will return the
groundwater level to the average aquifer level of 1991-2001 in mutually agreed upon
wells using mWually agread upon calculation techniques. A preliminary list of 19
wells has been agreed upon and \ilill be used (Exhibit A), recognizing that the list may
be modified based on additional technical information. The groundwater level
benchmarks and goal are as follows:
i. Benchmark l: The goula water levels at the identified wells must be
stabilized by April 2020 to 2015 ground water levels.
ii. Benohmark 2: The Sound water levels atthe identified wells must
increase by April 2023 to a pint halfqny betweetr 2015 ground umter
levels and the 1991-2001 averege. (Benchmark 2)
3. Recovery Goal: The ground water levels at the identified wells must increase by April
2026to the 1991-2001 average. No groundwater user rryho belongs to and is in good
standing with an IGWA member who is participating inthe SWC-IGWA Settlement
Agreement will be subject to crutailment so long as the obligations rmder the SWC-
IGWA Settlement Agreement identilied herein are being performed. Junior ground watsr
rightholders who are notprotected from curtaitnent underthe SWC-IGWA Settlement
Agreement and who do not otherwise have an approved Rule 43 mitigationplan which
complies with CMRwill be subjectto conjunctive adminishationpursuantto the
Dirrector's orderc under IDWR Docket No. CM'DC-2010-001, consistent with
Conjunctive lvlanagement Rules, including, but not limited to 40.05.
4. This is a FINAL ORDER of the ageney. Any party may file a petition for reconsideration
of this final order within fourteen (14) days of the service of this order. The agency will
dispose of the petition for rcconsideration within twe,nty-one (21) days of its receipt or
the petition will be oonsidered denied by operation of law pursuant to Idaho Code $ 67-
5246.
5. Unless the right to a hearing before the Director or the water resource board is otherwise
provided by statute, auy pennn who is aggrieved by the action ofthe Director, and who
has not previously been afforded an opportunity for a hearing on the matt€r shall be
entifled to a hearing bbfore the Director to contest the action. The person shall file with
the Director, within fifteen (15) days after receip of written notice of the astion issued by
the Director, or receipt of actual notice, a written petition s'tating the grounds for
contesting the action by the Director and requesting ahearing. See Idaho Code$ 42-
1701A(3).
6. Pursuant to sections 67-5270 and67-5272" Idaho Code, any party aggrieved by the final
order or orders previously issued by the Director in this matter may appeal the final order
and all previously isstred orders in the matter to distict court by filing a petition in the
distict cowt of the county in which a hearing was held, the final agency action was
takeq the party seeking review of the order resides, or the real property or personal
property that was the subject of the agency action is located- The appeal must be filed
within twenty-eight (28) days: (a) ofthe service date of the final oder; (b) of an order
denying apetition for reconsideration; or (c) the failure within tw'enty-one (21) days to
grant or deny a petition for reconsidenation" whichever is labr. See Idaho Code$ 67-5273,
The filing of an appeal to distict court doe.s not in itself stay the effeotiveness or
enforcement ofthe order under appeal.
7. Nothing in this Order strall modifr or change the rights of the parties to ttre settlement
4greement between the Surface Water Coalition and the participating goundwater
disticts, dated June 30, 2015. This Order and mitigation plan deal with the rights and
obligations ofthe parties to the Agrwrnent only.
Dated this _ day of Maroh,20l6.
GARY SPACKMAN
Director
EXHIBIT B
Surface Water Coalition's and IGWA's Stipulated Mitigation Plan and Request for Order
ORIGINAL
Srrtr,s*mxr AcnmuENT ENTERED rNTo JUNE 30, 20 I 5 snrwEEN pARTrcIpATrNc
MEMBERS otr TIIE Sunr.a,cp \il1run Coar,rrronl Axn P.Lnrrcrp^l,TlNc MEMBERs or rm
IDAHO GROIIND WATER APPROPRIATORS, fNC.2
IN ssTTI.nMExt oF LITIGATION INVOLVING THE DISTRIBUTIoN oF WATER To THE MEMBERS
oFTHE SURFACE wiC.rrR cOArrUON, THE PARTIBS AGREE AS FOLLOWS:
1. Objectives.
a. Mitigate for material injury to senior surface water rights that rely upon natural flow
in the Near Blackfoot to Milner reaches to provide part of the water supply for the
se,nior surface water rights.
b. Provide "safe harbot'' from curtailnent to me,rnbers of ground water disticts and
irrigation disbicts that divert ground water from the Eastem Snake Plain Aquifo
(ESPA) for the term of the Settlement Agree,ment and other ground water users that
agree to the terms of this Settlement Agreement.
c. Minimize economic impact on individual waterusers and the state economy arising
from water supply shortages.
d. Increase reliability and enforcement of water rrce, measurement, and reporting across
the Eastern Snake Plain.
e. Increase compliance with all elements and conditions of all water rights and increase
enfore,e,rnent when there is not compliance.
f. Develop an adaptivo groundwater managemeirt plan to stabilize and enhanoe ESPA
levels to meet existing water right needs.
'The Surface Water Coalition members ('SWC') are A&B Irrigation District (A&B), American
Falls Reservoir Distriet No. 2 (AFRD2), Burley Irrigation District (BID), Milner trrigation District
(Milner), Minidoka Irrigation District (MID), North Side Canal Company (NSCC), and Twin Falls
Canal Company (TFCC). The acronym "SWC" in the Settlement Agreernent is used for
convenience to refer to all members of the Surface Water Coalition who are the actual parties to
this Settlement Agreement.
2 rhe Idaho Ground Water Appropriators, Inc. ('IGWA") are Aberdeen-American Falls Ground
Water Distriet, Bingham Grorurd Water District, Bonneville-Jefferson Ground Water District,
Carey Valley Ground Water District, )efferson Clark Ground Water District, Madison Ground
Water District, Magic Valley Ground Water District, North Snake Ground Water District,
Southwest Irrigation District, and Fremont-Madison lrrigation District, Anheuser-Busch, United
Water, Glambia Cheese, City of Blaekfoot, City of American Fdls, City of ]erome, City of Rupert,
City of Heyburn, City of Paul, City of Chubbuck, and City of Hazelton. The acronym "IGWA" in
the SettlementAgreement is used for convenience to referto all members of the Idaho Ground
Water Appropriators, Inc. who are the actual parties to this Settlement Agreement.
llPage
2. Near Term Practices.
a, For20l5IGWAonbehalf ofitsmerrbodistrictswill acquireaminimumof 110,000
ac-ft for assignment as described below:
i. 75,000 ac-ft of private leased storage water shall be delivered to SWC;
it, 15,000 ac-ft of additional private leased storage water shall be delivered to
SWC within 21 days following the date of allocation;
iii. 20,000 ac-ft of common pool water shall be obtained by IGWA through a
TFCC application to the commonpool and delivered to SWC within 21 days
following the date of allocation; aud
iv. Secure as much additional water as possible to be dedioated to on-going
conversion projects at a cnst not to exceed $1.1 million, the cost of which will
be paid for by IGWA and/or the converting membcrs.
b. The parties stipulate the director rescind the April 16 As-Applied Order and stay the
Aprit 16 3d Amended Methodology Order, and preserve all pendingrights and
proceedings.
c. '?art a'' above shall satisff all 2015 "in-season" mitigation obligations to the SWC.
d. This Settlement Agreement is conditional upon approval and submissionbythe
respective boards of the Idaho Ground Water Appropriators, Inc. ('IGWA") and the
Surfaoe Water Coalition ("SWC') to the Director by August 1.
e, If the Settlernent Agreement is not approved and submitted by August 1 the
methodology order shall be reinstated and implemented for the remainder of the
irrigation season.
f. Parties will work to identiff and pass legislative changes needed to support the
objectives of this Settlement Agreeurent, includiug, development of legislation
memorializing conditions of the ESPA, obligations of the parties, and ground water
level goal and benchmarks identified herein.
3. Long Term Practices, Commencing20l6.
a, Corcurnptive Use Yolume Reduction.
i. Total ground water diversion shall be reduced by 240,000 ac-ft annually.
it. Each Ground Water and lrigation Distict with me,rnbers pumping from the
ESPA shall be responsible for reducing theirproportionate share of the total
annual ground water reduction or in conducting an equivalent private recharge
activity. Private recharge activities cannot rely on the Wate,r District 01
common Rental Pool or credits acquired from third parties, unless otherwise
agreed to by the parties.
b. Annual storagewater delivery.
,. IGWA will provide 50,000 ac-ft of storage water through private leas{s) of
water from the Upper Snake Reservoir system, delivered to SWC 21 days after
the date of allocation, for use to the extent needed to meet irrigation
2lPage
requirements, Any excess storage water will be used for targeted conversions
and recharge as determined by SWC and IGWA.
ii, IGWA shall use its best efforts to continue existing conversions in Water
Dishicts 130 and 140.
c. Irrigationseasonreduction,
Ground water users will not irrigate sooner than April I or later than October 31.
d. Mardatory Measurement Requirement.
Installation of approvd closed conduit flow meter on all remaining unmeasured and
power conzumption coefficient (PCC) measured ground water diversions will be
completed by the begrnning of the 2018 irrigation season, Measurement device
installation will be phased in over tbree years, by ground water distict, in a sequence
determined by the parties. If an adequate measurement device is not installed by the
begioning of the 2016 inigatton season, a cropping pattemr methodology will be
utilized until suoh mea.suring device is installed.
e. Ground Water l*vel Goal and Benchmarks.
l'. Stabilize and ultimately reverse the tend of deolining ground water levels and
retunr ground watsr levels to a level equal to the average of the aquifer levels
from 1991-2001. Utilize groundwater levels in mutually agred upon wells
with mutually agreed to calculation techniques to measure ground water levsls.
A preliminary list of 19 wells has been agred to by the parties, recognizing
that the list may be modified based on additional teohnical information.
ii. The followingbenchmarks shall be established:
o Stabilization of ground water levels at identified wells by Aptil2020,
to 2015 ground water levels;
o lnctease in ground water levels by April 2023 to a point half way
between 2015 ground water levels and the ground water lwel goal;
and
o lncrease of ground water levels at identified wells by Apil2026 to the
ground water level goal.
iit. Develop a reliable method to measure reach gain trends in the Blackfoot to
Milner reaoh within 10 years.
iv. When the ground water level goal is ashieved for a five year rolling average,
ground water diversion reductions maybe reduced or re,moved, so long as the
ground water level goal is sustained.
v. If any of the benchmarks, or the ground water level goal, is not achieved,
adaptive measures will be identified and implemented per section 4 below.
f. Recharge.
Parties will support State sponsored managed recharge program of 250 KAF annual-
average across the ESPA, consistent with the ESPA CAMP and the direstion in HB
3lPage
547. IGWA's contributions to the State sponsored recharge program will be targeted
for infrastructure and operations above American Falls.
g. NRCS Programs.
Parties will support NRCS funded permanent water conservation prograrns.
h. Conversions,
IGWA will undertake additional targeted ground water to surface water conversions
and/or fallow land projects above American Falls (target near Blackfoot area as
prefened sites).
i. Tlnnt Water Rtghts,
The parties will participate and support the State in initiating and conducting
discussions regarding long-term disposition of trust water rights and whether trust
water rights should be renewod or cancelled, or if certain uses of trust water rights
should be renewed or cancelled.j. T'ransfer Processes,
Parties agree to meet with the State and water users to discuss changes in transfer
processes within or into the ESPA.
k. Moratorium Designations.
State will review and continue the present moratoriums on new applications within
the ESPA, including the non-hust water area.
l. IDWRProcesses.
Develop guidelines for water rigfut applications, transfers and water supply bank
fransaotions for considsration by the IDWR.
m. Steering Committee,
i. The parties will establish a steering committee comprised of a representative of
each signatory party and the State.
it. Steering committee will be fonned on or before September 10,2015 and will
meet at least once annually.
iii. The Steering Committee will develop an adaptive management plan for
responding to changes in aquifer levels and reaph gain trends, review progress
on implementation and achieving benchmarls and the ground water goal.
iv. A technical work group CTWG,) willbe created to support the Steering
Committee. The TWG will provide technical analysis to the Steering
Committee, such as developing a better way to predict and measure reach gains
aud ground water levels, to assist with the on-going implementation and
adaptive management of the Settlement Agreement.
4. Adaptive Water Management Measures.
a. If any of the be,nchmarks or the ground water level goal is not met, additional
recharge, consumptive use reductions, or other measures as reooflrmended by the
4lPage
Steering Committee shall be imple,mented by the participating ground water parties to
meet the benchmarts or ground water level goal.
b. The SWC, IGWA and State recognize that even with ful1 storage supplies, present
(2015) reach gain levels in the Near Blackfoot to Milner reach (natural flows) are not
sufficient to provide adequate and sustainable water zupplies to the SWC.
5. Safe Harbor.
No ground water user participating in this Settleurent Agree,ment will be subject to a
delivery call by the SWC mernbers as long as the provisions of the Settlement Agreernent
are being implemented.
6. Non-participants.
Any ground water user not participating in this Settlement Agree,lnent or otherwise have
another approved mitigation plan will be subjeot to administration.
7. Term.
This is a perpetual agreement.
8. Btndtng Effect.
This Agreement shall bind and inure to the benefit of the respective successofir of the
parties.
9. Entire Agreement.
This Agreeurent sets forth all understandirigs between the parties with respect to SWC
delivery call. There are no other understandings, coven&nts, promises, agreements,
conditions, either oral or written between the parties other than those oontained herein.
The parties expressly reserve all rights not settled by this Agreement.
10. Effect of Hcadings.
Headings appearing in this Agreement are ioserted for convenience and reference and
shall not be construed as interpretations of the text.
11. Effective Date.
This Agreement shall be binding and effective when the following events have occurred:
a. This Agreement is approved and executed by the participating parties consistent
with paragraph 2.e. above; and
b. IGWA has assigned all of the storage water required byparagraph2.a.i., ii., and
iii. to the SWC byJuly 8,2015.
The parties have executed this Agreement on the date following their respective
signatures.
5lPage
RACIM OISON NIIE BIIDGE A}ID BAILEY, CHAR]ERED
/d-I
lc.Date
Attorney for Idaho Ground Water Appropriators, Inc.
b
IDAHO GROI,'}TD TTIATER APPROPRI,ATORS, NC.
,0/r
Presidcmt
I
II,ETCHER.LAW OFFTCts
W. KFffi Ddo
On Behalfoftb Stnmoe Wstr Ooalthn
3*/{
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SlPage
BARKER ROSHOLT AI.ID SIMPSON LLP
K.
On Behalf of the Surface Water Coalition
(
9lPage
The following signature pages are
for the August I Deadline
10 lPage
TLSICHER
W.lkril
MINIDOKA IRRIOATION DISTRICT
/{7
Date
AIvIBRICAI'I FAttS RBSERVOIR DISTRICTNO, 2
Titlo:
BY:
DatoZ-?-l{
Drtn 7-1 -9.
lllPaeo
BURLEY IRRICATION DISTRICT
BY:
BtIs:
fretl'l U:
lTrtwwr O.tlPage
Title:
MILNER IRRIGATION DISTRICT
BY:
t'"{u
Date:? /o"./rrr*
, *i ...r:#'\
12.2 lPage
NORTH STDE CANAL COMPAI.IY
BY:
Tifle:DatE:a/2,"/r r(/
12,3 lPage
TWIN FATIS E.ANAT COMPANY
Thlc
BY:
Ddc
tll.tllPage
ABERDEEN.AM E RICAN FALLS G RO U ND WATER DISTRICT
7--/{
Nicl Behrend
Chairman
Date
13 lPage
BINGHAM GROUND WATER DISTRICT
Craig
Chalrman
14 lPage
BON NEVI LLE.JEFFERSO N GROUND WATER DISTRICT
\N
Dane Watkins
Chairman
Date
15 lPage
CAREY VALLEY GROUND WATER DISTRICT
Hansen
Chalrman
16 lPage
JEFFERSON C1ARK GROUND WATER DISTRICT
Kirk Jacobs Date
Chalrman
/6
lTlPage
MADISON GROUND WATER DETR|CT
Webster
Chalrman
Y-as-/{
Date
lSlPage
MAGIC VALI.EY GROUND WATER DFTRICT
Dean StEvenson
Chairman
-l t"l )pls
Date
19 lPage
NORTH SNAKE GROUND WATER DISTRICT
Cha
20 lPage
FREEMOTVT MADISON I RRIGATION D ISTRI T
br* lJ Date
J-8€Y+eanaSetr C ha,,'ap"4"1
21 lPage
SOUTHWEST IRRIGATION DISTRICT
RANDY BROWN
Chairman
Date
22lP age
EXHIBIT C
Surface Water Coalition's and IGWA's Stipulated Mitigation Plan and Request for Order
ADDENDUM TO SETTLEMENT AGREEMENT
This Addendum To Settlement Agreemont ("Addendum Agreemenf) is e,ntered into
betwoen the parties to the Settlernent Agreement Entered Into June 30, 2015, Between
Participating Members of the Surface Water Coalition and Participating Members of ldaho
Ground Water Appropriators, Inc., ('Settlernent Agreernent"),
RECTTALS
WHEREAS, all members of tle Surface Water Coalition, exoepting A&B Irrigation
District, and all eight Ground Water Districts and Fremont-Irrigation Dishiot, executed the
Settlement Agreement (Ex. A) by August 1, 2015; and
TWHEREAS, al1 parties wish to clari$ certain issues related to the settleme,nt
discussions;
WHEREAS, the parties wish to address and resolve this issue in this Addendum
Agreernent,
COVENANTS
NOW THEREFORE, in consideration of the above recitals and the mutual
agreements contained herein, the parties to the Settlement Agreernent further agrce as
follows:
1. Incorporation of Recitals. The Reoitals set forth above are an integral part of
this Addendum Agreernent ard are fully incorporated herein by this referemce.
2, Area of Common Groundwater Supply. All parties in the Settlement
Agreement resewe the riglrt to participate in any administrative or other proceeding to establish a
new area of common groundwater supply if the existing Corjunctivo Management Rule 50
boundaryis rescinded.
3. Legislation. As conternplated in the Settlement Agreemenl, all parties have a
right to fully participate in the drafting and passage of any legislation proposed to implement the
Settlernent Agreement,
4, Binding Effect. This Agreemnent shall bind and inure to the benefit of the
respective successors of the parties.
5. Entlre Agreement. This Agreement and the Settlement Agreement set forth all
understandings between the parties. There are no other understandings, covenants, promises,
agreements, conditions, either oral or written between the parties other than those contained
herein and in the Agreement betwee,n A&B and IGWA dated . The parties expressly
reserve all rights not settled by this Agree,rneirt.
ADDENDUMTOSETTLEMENTAGREEMENT 1
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FALLS GROTJI'{D WATBR DISTRICT
Date
Chaiman
ADDENDUMTOSEITLEIVIENTAGRDEMENT 8
/
BINGHAM GROI'I{D WAIER DISTRICT
O# g, ?ets
Chdg Evms
Chemm
DatE
ADDMDUM TO WrII,ED{ENTAGNSUUMM 9
BONNEVILLE.JEI.FERSON GROUND WATER DISTRICT
\*"\N.^"$lr\
DaneWatkius
Chairom
Date
ADDEI{DUMTOSErII,EilIn{TAGAEX]ME!{T 10
CAREY VALTJEY GROU}$D WATtsR DISTRICT
/o 57
Chairmao
ADDENDUM TO SEITI.&MMM AGRENUENT 11
JEFFERSON CI.ARK GROI'ND 1VATER DISTRICT
M
KirkJacobs
Chaiman
Date
ADDENDUM TO SETTLEDTENT AGREEMENT 12
TNDISON GROT'}ID WATER DISIRJCT
Wok Daie
Chainnm
ADDENDUMTOSETILEhIEIMACnIEN{INT 1T
L,IAGIC VALLEY GROITI{D WATER DISTRIC-T
lb 'l a6t5
Stovason Daic
Chairmaa
ADDEIIDUM TO gETrI,EilIE!{T AGAEENIET,{T 14
NORfiI SNAKE GROIJND WA]ERDISTRICf,
co 1 lotS
Date
ADDEilDUMTOSDTII,DMEITTIAGNDESIENT 15
ERBEMOI\TT MADITION IRRIGATION DISTRICT
il&rrtrr J t, ${
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Date
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ADDEI{DUM TO SEITI;EME!{T AGREDMENT 16
EXHIBIT D
Surface Water Coalition's and IGWA's Stipulated Mitigation Plan and Request for Order
AGREEMENT
This Agreement is made tni, /fl Ouy of hclob.r 20L5, by and between A&B
lrigation Distict ("A&8") and the Idaho Ground Water Appropriators, Inc., Aberdeen-
American Falls Ground Water Dishict Bingham Ground Water Dishicf Bonneville-Jefferson
Ground Water Dishict, Carey Valley Ground Water District, Jcfferson-Clark Ground Water
Dishict, Madison Ground Water Dishict, Magtc Valley Ground Water Dshict North Snake
Ground Water Distict, and Fremont-Madison Lrigation Disfiict (referred to collectively herein
as the *Ground Water Disticts').
RECITALS
WHEREAS, all members of the Surfaoe Water Coalition, except A&B Irrigation
District, and all eight Ground Water Disfricts and Fremont-Irrigation Distriot, exeouted the
Settlement Agreement (Ex. A) by August l, 2015; and
WHEREAS, disputes have arisen concerring the scope of A&B's participation in the
S e ttl ement A gr e ement ; and
WHEREAS, the parties wish to address and resolve these issues in this Agreement.
COVENANTS
NOW THEREFORE, in consideration of the above recitals and the mutual
agreements oontained herein, the parties agree as follows:
1. Incorporatlon of Recitals. The Recitals set forth above are an integral pafr of
this Agreement ard are fully incorporated herein by this reference.
2, A&B Irrigation District Surface Water Delivery Call. A&B agrees to
partictpate rnthe Settlement Agreement as a surface water right holder only. The obligations of
the Ground Water Districts set forth in Paragraphs 2 - 4 of the Settlement Agreernent do not
apply to A&B and its ground water rights. A&B agrees to not make a surface water delivcry call
against junior-priority ground water rights held by participating me,mbers of the Ground Water
Disbicts as set for& in Paragraph 6 of the Settlement Agreement.
3. A&B lrrigatlon District Ground Water Dellvery Call. A&B further agrees
to not make a ground water delivery call against junior-priority ground water rights held by
participating members of the Ground Water Districts.
4, A&B Irrigatlon District "Soft Converslons." A&B agrees to implement
approximately 3,000 acres of "soft conversions" within its project. A&B has already
developed approximately 1,500 acres and is currently in the process of developing an
additional 1,500 acres to receive water through a new pumping plant and pipeline project to
be completed in the future.
1SETTLEMEIYT AGREEMENT (A&B / GROTTND WATTR DISTRICTS)
5. Grourd Weter Dbtr{ctr' Implemontrflon ol Sdasfi Agruawtt. Ttle
safo harbor idontiffd abovo is conditionodupon tho Ground Wator Distiota implomenting
tho Settlenent Agreement in accodanoc with its terru.
6. Ground Wrtsr Dhtrlctt IDollvery Callr. The oafo harbor providotl by A&B
abovo shall bo null and void agafurt any Grcund Srots Dirhiot ond/or again* any
partioipating membu of a Ground \lYatq Disfiict ttat filor a eurfaoe or ground water
dclivery call against A&B's ground wator rights.
7. Grcund Watrer Recharge PreJocts A&B and ths &ound Watcr Distuicts agreo
to oooperato md wo*togpftc b id€ofiry ad impl€mmt roohqgp psojectt wi6in or ncar
A&B'e.inigadonpmjost fratbensflt aqrdftrl€vels, aodfte smtinolwo[s idmffffdinthe
futtlerut Agreenut.
8. Blndtng Eficct. This Agl€etm€ot Bball bhd aod inue b fto bmsfit of the
respootirre rtrocosron of tho partim
9. EnfrnAgroommt. Thic Agrmmt e6 frsthalundcrshodingE bcfivcotrtho
parties. There re no oftc undeinfinrlingr, covonstrll, ponisoq agrtemenrt, condltims, oifter
ualorwritmbe&voon&eprtiosotrsrfrmtLoeoc,onieinedhwin" Ttopartioscryr€ssly
rusurre all righb not cafiled by this Agr€€m€mt
10. Effec{ of Heedingp. il€adiry appearing in&is Agrc€mcnt are insord fm
convmieoco and rofemco and shalt not be eonsfirrcd as itrtupletdiotrs of the text
Ito partics have exoosodthis Agrcement on fte date fo[owiqg their respoctive
eignafiroa.
A&A IRRIGAfiONDIITRICf,
Mohlmm Ihte
Ctairman
A
2SETTI,EilIENT AGBIEMEIiIT (A&B / GROI]NI' WAITN, DISTf,ICIB)
IDAEO GROT NDWATER APPROPRTATOR S, rNC.:
ABERDEEN-AMERICA}.I FALIS GROUND VTATER DISTRICT
lo- ?
Behreild Date
Chairman
3sETrr,ur[E]{T aGREEMENT (A&B / GROITND MTER DISIRICTS)
....{.;,. : . " ..:-...-tr";
BINOHAM GROTJND WATEA. DISTRTCT
Chaiman
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Crdg
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BONNEVILLE-JEFEERSON GROI'ND WATER. DISTRICT
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5SETIT,EITIE!{T AGREEI}IENT (AAD / GROITND WAIER DISIRrCf,S)
CAREY VALLET GROI.'I{D TTIATF;R DISTRICT
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6SETTI,ITITIIITT AG'REEMEIqT (A&D / GROI'ND WATIn DISInICIB)
JEFFERSON CIARK GROI'ND VTATER DISITRICT
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Chairman
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7SETILmUEB|T AGREEMET{T (A&B / GIROITNL WATEn. DEIBICTts)
MADISON OROT'ND WAItsR DISTRICT
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[dAcIC V'ALLEY GROUI{D VTATER DISTRICT
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FREEI\{ONT ITIADISON IRRIGATION DISTRICT
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ATTACHMENT 2
Bonneville Jefferson Ground Water District
PO Box 51121
ldaho Falls, lD 83405
MayQ 2022
DearWater User,
Drought conditions ln ldaho for the past two years have affected the Ground Water Dlstrlcfs ability to
mltlgate forthe Surftce Water Coalitlon Dellvery Call through our Pumplng Reduction Plan. The distrlct
has not met the requlred reduction volume in 2020 and 2021. On Aprll 20,2022,the dlrector of the
department of water resources signed a curtallment order requlring all non-mltlgated water rlghts
junior to December 25, L979, to be curtailed by May 1. lf not for our Pumping Reductlon Plan, all junior
water rlghts ln our dlstrict would be affiected by this call.
Because the distrlct has not met the rcquired reduction volume for the past two yearc, it is imperati\re
that we meet that requlrement for the 2022 season. The dastrict recently doubled the requircd
reduction from irrigatorc. lt is only fair to requlre non-irrlgatlon unter rlghts to share the burden of
these reductions.
The district board of directorc has decided to requlre all non-inigataon $,ystems to pump at or below
their baseline pumping. Any pumping more than your basellne will result ln an ovenge assessment of
5100 per are-ft. Your pumping volumes are measured against the 201G2014 average (baselinel
pumping for every well in our district. All irrigators are required to reduce 1G2096 from their baseline. ln
the past, no limlts have been lmposed on pumping from non-inigation systems.
lf you have questions about your basellne pumplng or need to establlsh a basellne due to lack of usage
data, please contact WaterwellConsultan6 208{0+1281. We phad wlth you to do whateveryou can
to consewe water in2O22.
Slncerely,
Bonneville-Jefferson GWD Board of Directorc
Stephanie Mickelsen - Director Division 2 - Chair
CarlTaylor- Director Dfuislon 1- Co Chair
Kirt Schwieder- Director at targe - Treasurer
Seth Cannon - Director at large
U tott- Dlrector Division 3 - Secretary