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History

What Is the Snake River Basin Adjudication?

The Snake River Basin Adjudication is the largest adjudication attempted to date in Idaho and probably the largest in the nation. Thus far, Idaho has adjudicated other rivers including the Payette River Basin in which more than 9,000 water rights were decreed. The Snake River Basin Adjudication may result in the determination of as many as 185,000 water rights.

The term "adjudicate" means to settle judicially. A water right adjudication should be viewed as "a fair, comprehensive, technically correct and legally sufficient determination (identification and quantification) of existing water rights." In Idaho adjudications are conducted by the court and the Department of Water Resources acts as a technical expert for the court in conducting investigations of existing water rights. The department has extensive responsibilities spelled out by statute, to the state and the court in water right adjudications.

When completed, the adjudication process and its resulting decree will provide for the identification and security of ownership of water rights that has not been available since the early 1900's, if ever. The decree will be binding on all water users and will identify the water rights as they exist today. This will minimize future challenges against those water rights as long as the rights continue to be used according to law.

How Did The Snake River Basin Adjudication Come About?

In 1982 the Idaho Supreme Court handed down its decision in the court case Idaho Power Company v. Idaho involving Idaho Power Company's water rights at Swan Falls Dam. The court ruled that the water rights at Swan Falls had not been subordinated by the 1950's era agreement which allowed Idaho Power Company to build the Hells Canyon hydroelectric complex as had been asserted by the state. This ruling by the court meant the state of Idaho went from a partially appropriated to an overappropriated water system on the Snake River.

Attempts were made during both the 1983 and 1984 Idaho legislative sessions to resolve the conflict that existed between upstream development interests and the supporters of Idaho Power and instream flow interests. A legislative solution was not reached and a legal cloud existed over the status of thousands of Snake River water rights. In addition, new development could not proceed since unappropriated water was not available in the Snake River and its tributaries if Idaho Power's hydropower water rights were to be satisfied.

In 1984 the state, through the Governor and the Attorney General, and Idaho Power were able to agree to negotiate a settlement to the Snake River water rights conflict. Incentive to solve the conflict by negotiations came from the recognition that a solution was necessary and the anticipated delay, expense and uncertainty that would be involved in a litigated solution.

After much effort by all parties involved, the negotiations were successful and the Swan Falls Agreement, which resolved the conflict with the Idaho Power's water rights from Swan Falls upstream, was signed on October 25, 1984. Included with the agreement among other requirements was a requirement to adjudicate the water rights in the Snake River Basin.

On June 17, 1987 the Director of the Department of Water Resources filed a petition in the District Court of the Fifth Judicial District in Twin Falls to commence the Snake River Basin Adjudication. The Honorable Daniel C. Hurlbutt, Jr. set a hearing on the commencement petition for September 8, 1987 in Twin Falls. The director's petition proposed to adjudicate the Snake River Basin upstream from and including the Salmon River drainage.

The court, in its commencement order of November 19, 1987 determined the Boise, Weiser, Payette and Lemhi Basins should be included in the adjudication and the adjudication should be extended downstream to include the remainder of the Snake River in Idaho and the Clearwater Basin.