News ReleasesPARTNERS SUPPORT CONTINUED FUNDING OF STATE FLOOD MANAGEMENT PROGRAMPOSTED ON FEBRUARY 19, 2020 This aerial photograph shows the 26 acre flood management project build by Twin Falls Canal Company in 2018 & 2019. NEWS RELEASE – FOR IMMEDIATE RELEASE Flood Districts, canal companies, Idaho Water Users Assoc. BOISE – (Feb. 25, 2020) – The Twin Falls Canal Company, Flood District #10, Treasure Valley Water Users Association and Idaho Water Users Association all support continued state funding for flood-management projects statewide, officials told the Idaho House Energy and Environmental Affairs Committee last week. The Idaho Legislature has provided $1.8 million for state flood-management grants administered by the Idaho Water Resource Board over the last two years, leading to the installation of approximately 25 projects statewide and $5.6 million in improvements with local matching funds and multiple community partners, officials said. “Flooding is a recurring phenomenon – it’s something you’re constantly managing,” said Dan Steenson, an attorney representing Flood District #10. “We need more funding on an ongoing basis.” “When you look at the amount of money being raised by the grant recipients through local matches and partnerships, that is leading to some really substantial flood-management projects that benefit our communities,” added Paul Arrington, executive director of the Idaho Water Users Association. Backers of flood-management projects in the state are encouraging the Joint Finance-Appropriations Committee to set aside $1 million for state flood-management grants in the 2020 legislative session. It could be a one-time supplemental appropriation, or it could be permanently added to the Idaho Water Resource Board’s budget, officials said. As an example of leveraging funds with project partners, Flood District #10 received a $160,000 state flood-management grant in 2019, added $100,000 of its own funds and partnered with 11 agencies to create an $833,991 project to create a 2-Dimensional Boise River Model Tool. Now under development, the tool will help predict the potential damage from flooding events along the Boise River from Diversion Dam to the Snake River and identify “hot spots” that need to be addressed, officials said. “The Boise River is constantly changing year after year,” said Mike Dimmick, district manager for Flood #10. “We’re trying to get out front of the flooding with the 2D model, which will allow us to do simulations with flood flows to see where the problem spots are located, and what we might do to address those issues.” Near Twin Falls, the Twin Falls Canal Company built one of the largest sediment-control projects in the state with a flood-management grant in 2018. The canal company received a $85,340 grant from the Idaho Water Resource Board, and added $505,660 with TFCC funds and partner funding to build the 20-acre East Perrine Pond/Wetland Project, which is removing 3,000 tons of sediment from flowing into the Snake River on an annual basis. “The manager of the Twin Falls Canal Company told me they could build 10 more projects like this, if they had more state funding,” said John Simpson, an attorney and a spokesman for the Twin Falls Canal Company. Officials said the state flood-management grant program:
For more information, contact Mike Dimmick with Flood District #10, Paul Arrington with IWUA, Roger Batt with the Treasure Valley Water Users Association, or Brian Olmstead with the Twin Falls Canal Company. Bipartisan Lands Bill, including Title Transfer, Moves to President’s DeskFEBRUARY 28, 2019 BY PAUL ARRINGTON Pumping plant on the Snake River near Rupert, Idaho is owned by the Bureau of Reclamation but operated and maintained by A&B Irrigation District. On February 26, 2019, the House overwhelmingly passed a massive, bipartisan public lands package by a vote of 363-62. Senate Bill 47 (S47) passed the Senate 92-8 earlier this month. The bill does several things, including permanently renew the Land and Water Conservation Fund, increase public lands access for sportsmen, and designate more than 1.3 million acres of new wilderness. S47 includes a title transfer bill, sponsored by Idaho’s very own Senator Risch, that will significantly streamline the title transfer process. Through the title transfer process, the federal government conveys ownership of irrigation facilities to the local irrigation entities that operate and manage those systems. The U.S. Bureau of Reclamation (Reclamation) has characterized the title transfer process as a “commitment to a Federal Government that works better and costs less.” Importantly, title transfer divests the federal government of the responsibility for the operation, maintenance, management, regulation of, and liability for projects. Importantly, title transfer gives local entities greater autonomy and flexibility in the management of their facilities. “Title Transfer gives control of Idaho’s water resources to the local entities,” remarked Paul Arrington, Executive Director and General Counsel for the Idaho Water Users Association. “It reduces federal costs and liability associated with owning aging infrastructure. It allows operational decisions to be made in a timelier and more cost-effective manner. Financing for maintenance and rehabilitation is more accessible. Title Transfer will allow water users to quickly and efficiently address issues as they arise – something that is difficult under Federal ownership.” Idaho has a rich history of title transfers involving Reclamation projects. In fact, one of the first Reclamation title transfers involved the Burley Irrigation District (BID) in Southern Idaho in 1998. Since that time, other successful Idaho title transfers include Nampa & Meridian Irrigation District (NMID) (2001), Fremont Madison Irrigation District (FMID) (2004), and American Falls Reservoir District #2 (2008). This history of title transfers continues today, with Pioneer Irrigation District, in Southwest Idaho, currently working through the title transfer process and the Lewiston Orchards Irrigation District in Lewiston, Idaho anticipating title transfer in the coming years. Other entities interested in title transfer include A&B Irrigation District (A&B) and Minidoka Irrigation District. Unfortunately, the current title transfer process takes several years, costs hundreds of thousands of dollars and requires an act of Congress. For example, the BID title transfer took 8-years. The FMID title transfer took nearly 10-years and $300,000. Finally, even though NMID completed much of the analysis in-house, its title transfer took nearly 10-years and over $200,000. S47 streamlines the title transfer process significantly. Although Congressional oversight is maintained, the new law allows simple transfers to be processed without an affirmative act of Congress. One example of the benefits that can result from title transfer involves the A&B Irrigation District. A&B pumps water from the Snake River and delivers that water to 82,000 acres in Jerome and Minidoka Counties. Even though A&B operates and manages these pumps, canals and laterals, the facilities are owned by Reclamation. A&B desires to use its system to deliver water for recharge to locations that are easily accessible by the A&B facilities. However, since the system is federally owned and is only authorized for irrigation deliveries, A&B cannot deliver recharge water. Transferring title to these facilities would provide A&B with the flexibility to use the system for recharge. “We have been working on this title transfer language for a very long time,” said Harold Mohlman, chairman of the Board of Directors for A&B Irrigation District. “We are very excited to see this bill pass and look forward to working with Reclamation to be one of the first title transfers under this new streamlined process.” Two remaining questions will be the focus of further discussions with Reclamation. First, what level of environmental analysis is required for a title transfer? In October, 2018, Reclamation submitted notice of a proposal to create a Categorical Exclusion (CE) under the National Environmental Policy Act (NEPA). This CE would allow for abbreviated environmental review of title transfers where the only activity is the conveyance of title. According to Reclamation, “When a Federal agency determines that a certain category of actions will not normally have an individually or cumulatively significant effect on the human environment and for which neither an environmental assessment nor an environmental impact statement is required, that category of actions may be excluded from further NEPA review (40 CFR 1508.4). Reclamation proposes to establish a new CE to facilitate the transfer of title to a limited set of simple, noncontroversial or uncomplicated projects and/or project facilities.” The proposed title transfer CE can be viewed here. IWUA, and its members A&B and MID ,each submitted comments in support of the CE. The second remaining question involves the use of project power following title transfer. “Project power” is electricity that is provided at cost-based contracted rates to Reclamation projects. This low-cost energy is necessary for the continued viability of many irrigation projects. The risk of losing or limiting that project power causes many entities, including A&B, to dismiss the idea of title transfer. “We will have discussions with Reclamation to determine if A&B can continue to use project power after a title transfer,” Mohlman stated. “If we lose access to project power through title transfer, we will not be able to do it. Our assessments would increase significantly to cover the higher power costs.” You can read S47, including the Title Transfer provisions starting at page 605, here. Update on Columbia River Treaty Negotiations Provided at PNWER Annual SummitMembers of the Idaho Water Users Association (IWUA) and other Idaho stakeholders showed up in force at the 28th Annual Summit of the Pacific Northwest Economic Region (PNWER) in Spokane, Washington on July 22-26, 2018. Water users attended a listening session and two policy tours addressing the United States’ and Canada’s recent negotiations relating to the Columbia River Treaty (CRT or Treaty). Negotiations began in Washington, D.C. earlier this year. The next round of negotiations is set for August 15-16, 2018 in British Columbia. Idaho Stakeholders stand in front of the Grand Coulee Dam as part of the PNWER Policy Tour discussing the Columbia River Treaty. Pictured are (from left): Paula Brackett, Senator Bert Brackett, Gloria Totoricaguena, Norm Semanko, Senator Michelle Stennet, Senator Lee Heider, Jerry Rigby, Sarah Higer, Molly McCahon, Paul Arrington, Alan Kelsch, Cathy Kelsch The listening session included opening comments by Jill Smail, Columbia River Treaty Negotiator, United States Department of State, and Sylvain Fabi, Executive Director, U.S. Transboundary Affairs, Global Affairs Canada. Each expressed their confidence that the countries will work together to develop a modernized treaty that works for both countries. Ms. Smail reiterated that the United States’ positions would be guided by the December 13, 2013 Entity Regional Recommendation for the Future of the Columbia River Treaty after 2024 (here). Mr. Fabi reiterated Canada’s willingness to come to the table and negotiate. Jill Smail (speaking) discusses the Columbia River Treaty negotiation process while Sylvain Fabi (seated) looks on. The negotiator’s opening remarks were followed by presentations from over 30 stakeholders, representing interests from throughout the region and from both sides of the border. Presenters included water users, hydropower developers, local governments and community representatives, tribes and First Nations. Some of the presentations included: Mark Peck, Commissioner, Lincoln County, Montana: Discussed the impacts of the construction of Libby Dam on the communities and economies of the area. Impacts includes “severe loss of family farms” and 3 communities. Endangered species impacts and loss of tax revenues (approx. 10% of the taxable land base lies under Lake Koocanusa behind Libby Dam). Deb Kozak, Mayor, City of Nelson, Canada: Described how the filling of Treaty reservoirs caused flooding in 12 communities and resulted in the loss of forestry and tourism opportunities. Fluctuating water levels behind the dams results in “miles of mud flats and dust storms each year.” Jode L. Goudy, Chairman, Yakama Nation Tribal Council: Development along the Columbia River has impacted the ecosystems of the system causing “great detriment to all the natural resources to the great Columbia Basin.” Tom Myrum, Executive Director / General Counsel, Washington State Water Resources Association: In 2024, the flood control regimes of the Treaty change from assured operations to “called upon” storage. Assured operations should continue into the future. During a portion of the listening session dedicated to government officials, Senator Lee Heider of Idaho spoke about Idaho’s interest in the CRT Negotiations and the importance of managing the waters of Idaho. Senator Heider told of an experience near Yellowstone when, on a camping trip, he came upon the Two Oceans Pass in Wyoming. It is at the Pass where one stream, North Two Ocean Creek, splits into two: Pacific Creek and Atlantic Creek. These two creeks ultimately flow into their respective oceans. After joining the Missouri River, Atlantic Creek eventually empties into the Gulf of Mexico. Pacific Creek water eventually flows into the Snake River and empties into the Pacific via the Columbia River. At that moment, Senator Heider recalled, “I realized how important this water resource is to Idaho and to all of us who live in the Northwest. Everything that we grow and eat, is because of this water.” You can view the listening session, which was recorded by TVW, in the embedded video below. Following the listening session, PNWER hosted two policy tours, providing participants with first-hand experience and understanding of the Treaty and its impacts. First, participants toured the Grand Coulee Dam in north-central Washington. This Dam is 550 feet tall, 500 feet wide at its base and 5,233 feet in length. With over 11 million cubic yards, there is enough concrete in the Dam to circle the Earth more than two times. The dam hosts the largest hydro turbines in the world and supplies water to over 650,000 acres in the Columbia Basin Project (CBP). Nearly 400,000 additional acres have been authorized under the CBP and local water users are working to develop the infrastructure necessary to develop those acres. The water users of the CBP are working diligently to construct the infrastructure necessary to develop the additional authorized acres. PNWER Policy Tour Participants on the banks of Arrow Lakes near Castlegar, British Columbia. The policy tour next headed to Canada. Participants were taken on a tour of the Hugh Keenleyside Dam (Arrow Lakes) - the largest of the dams built pursuant to the CRT. Area residents shared their experiences relating to the Treaty – particularly the impacts of the Treaty dams on the local communities and economies. “It is interesting to hear different perspectives on the Treaty, its impacts on local communities and visions for the future of the Treaty,” Paul Arrington, IWUA Executive Director remarked. “The listening session and policy tours really emphasized the broad scope of technical and practical issues that will be considered in the negotiations.” Alan Kelsch, chair of the Federal Instream Flow Coalition and member of the Committee of Nine, attended the listening session and policy tours. Reflecting on the tours, Mr. Kelsch remarked: “British Columbia is advocating that the drawdown of their reservoirs for flood control on the U.S. side is causing severe detriment to the local environment. Idaho water users need to be extremely watchful and fully engaged in representing our interests in any negotiations that include required or called upon flood control space from reservoirs in the upper Snake. I believe this is our critical concern. We also need to be mindful of reintroduction in the discussions.” Alan Kelsch speaks to tour participants on Columbia River Treaty Policy Tour hosted by PNWER. IWUA has been engaged in the CRT review process from the beginning. In 2013, IWUA submitted comments on the draft Regional Recommendation. In addition, then executive director, Norm Semanko, testified in Congress about the Treaty and potential negotiations. In 2017, IWUA worked with stakeholders from throughout Idaho to prepare a Position Statement on CRT negotiations (here). In addition, during the 2018 session, IWUA proposed and Idaho’s Legislature passed House Joint Memorial 11 (here). Those interested in learning more about the CRT process can participate in the next CRT Town Hall meeting in Portland, Oregon, on September 6, 2018. Teleconference participation will also be available. More information on the Town Hall is available here. IWUA Executive Director Testifies Before Congress on Title Transfer IssuesPaul Arrington, Executive Director and General Counsel of the state’s largest water user group, will testify tomorrow (Jan. 17, 2018) before a U.S. Senate Subcommittee on Energy and Natural Resources regarding the Bureau of Reclamation’s (Reclamation) title transfer process, the Idaho Water Users Association announced today. Arrington will testify before the Subcommittee starting at 8:00 a.m. Mountain time. His comments are also available by clicking on Title Transfer Testimony. Title transfers allow Reclamation to convey ownership — or title — to water projects, canals, laterals and other related infrastructure and facilities from government ownership to the organizations that operate and maintain those facilities. Although the benefits of title transfer process are clear, it can be improved. “Unfortunately Reclamation’s title transfer process is an onerous, enormously time consuming and highly expensive process for Idaho water users, due primarily to environmental review under the National Environmental Policy Act (NEPA) process. That has been a huge deterrent for many Idaho water users,” Arrington said. In his testimony Arrington will present the Subcommittee members with three specific suggestions on how to improve things: 1. Not every title transfer should require full NEPA analysis. Some simple title transfers, particularly single use projects and those projects that will continue operating in the same historical manner should not be subject to the same rigorous NEPA analysis required for complex title transfers. 2. Not every title transfer should require an act of Congress. Reclamation should have the authority to complete simple title transfers “in house”. This would further allow for quicker, less expensive processing. 3. Access to project power should not be eliminated because of title transfer. Farming and ranching operations throughout Idaho rely on project power to maintain their economic viability. The loss of project power would significantly increase the cost of delivering water. “I am excited and grateful to have the chance to represent Idaho on this important issue. It is a unique chance for our voice to be heard by the people who have the power to make important changes that can make the improvements so badly needed here at home. I am pleased that the Senate is looking for ways to resolve these issues,” Arrington explained. Two IWUA Members Honored For Service At NWRA Convention in ArizonaBoise, Idaho – Jan. 17, 2018 Two members of the Idaho Water Users Association (IWUA) were honored at the 86th Annual Convention of the National Water Resource Association (NWRA) held November 15-17 in Tucson, Arizona, IWUA officials said today. Norm Semanko of Boise was presented the John M. Sayre Leadership Award while Dale Swensen of Saint Anthony was presented the NWRA Lifetime Achievement Award. Semanko’s award is given annually by the NWRA Board of Directors to an individual or entity whose service and leadership has gone above and beyond in promoting the goals and objectives of the Association. Semanko has been an NWRA Board member for 17 years including a stint as NWRA President in 2005-06. He is also an active member of the NWRA Litigation Review Committee. He served as IWUA Executive Director/General Counsel from 2000 to 2017. Swensen served on the IWUA and NWRA Boards for 15 years. He will retire this winter after 40 years as the Executive Director of Fremont Madison Irrigation District. Swensen’s award recognizes NWRA members and individuals who have actively served in the leadership of the Association for many years and who, by their activities and service to the goals and objective of the Association, merit Life Member status. “Norm and Dale have distinguished themselves through their service and dedication to Idaho’s water user community. It is truly fitting that they would now be officially commended for their outstanding service to the national water user community through their work with the NWRA. We are delighted they have been formally recognized for those efforts,” said Paul Arrington, IWUA Executive Director and General Counsel. The NWRA is a non-profit federation of agricultural and municipal water providers, state associations, and individuals dedicated to the conservation, enhancement and efficient management of our nation’s most important natural resource, water. Its members provide clean water to millions of people, irrigate millions of acres of farmland and contribute billions of dollars to the U.S. economy. NWRA members are actively engaged in addressing the water supply challenges posed by population growth and continued drought in the western United States. The IWUA consists of approximately 300 irrigation districts and canal companies, agri-businesses, public water supply organizations, professional firms and individuals from around the state that manage water supplies for more than 2 million acres of irrigated Idaho farmland. IWUA Sets Water law and resource issues seminar for november 9-10 at the riverside hotel in boiseA wide variety of water law and resource issues will be covered as the Idaho Water Users Association conducts its 34th Annual Water Law and Resource Issues Seminar November 9-10 at The Riverside Hotel in Boise, IWUA officials announced. Seminar registration is now open. You can find information about registration, the seminar program and hotel accommodations on-line at www.iwua.org. This year’s seminar includes a broad scope of speakers and panels with topics including:
It is a full morning program discussing the 2016-17 winter. Topics will include:
Also scheduled for this session is a special presentation from the California Department of Water Resources Security and Emergency Management Program discussing the Oroville Dam crisis. For more information, contact IWUA at (208) 344-6690 or visit www.iwua.org. IWUA Applauds House Passage of Pesticides Exemption LegislationFor Immediate Use Idaho’s largest water user group is praising approval by the House of Representatives of legislation that would exempt pesticides approved under the Federal Insecticide, Fungicide, and Rodenticide Act from Clean Water Act permitting requirements. The vote on H.R. 953, the Reducing Regulatory Burdens Act of 2017, was 256-165 in favor of the bill. It now goes to the Senate. “This is great news for Idaho because the act will eliminate burdensome and unnecessary overregulation by the EPA that would directly impact a wide segment of Idaho water and pesticide users including irrigation districts, canal companies, state and local governments, ranchers, forest managers and individuals,” said Paul Arrington, Idaho Water Users Association Executive Director and General Counsel. H.R. 953 addresses the negative economic consequences of a 2009 court ruling that requires pesticide users who apply pesticides in or near water to obtain a redundant permit under the Clean Water Act or be subject to a costly fine. Paul Arrington Named New IWUA Executive DirectorFor Immediate Use Paul L. Arrington of Twin Falls has been named as the new Executive Director for the Idaho Water Users Association and will start in his new role on May 1, IWUA President Jim Hudson announced today in Boise. Mr. Arrington, a native of Twin Falls, joins the Association from a position with Barker Rosholt & Simpson, LLP where his practice has focused largely on water and natural resource issues in Idaho and throughout the United States. Paul Arrington “Paul’s experience and knowledge of Idaho water issues will greatly benefit our members. He has demonstrated the ability and a willingness to serve all water users in Idaho. We expect the organization to continue to grow and flourish under his leadership,” Hudson said in making the announcement. Arrington graduated from Boise State University in 2002 with a Bachelor in Science, Human Resource Management Emphasis. He then graduated in 2005 from the Gonzaga University School of Law and joined Barker Rosholt & Simpson later that year. He is a frequent speaker on various topics relating to water law and other environmental issues including IWUA conferences, workshops and luncheons. He is actively involved in the community as a member of the Rotary Club of Twin Falls, recently serving as its president. He now serves as a member of the Board of Directors for the local Chamber of Commerce. When not working, Mr. Arrington enjoys spending time with his wife, Michelle, and their four children. He is an avid cyclist and dabbles in triathlons. He replaces Norm Semanko who has served as Executive Director & General Counsel since 2000. Semanko recently accepted a position as a Partner with the Boise-based law firm of Moffatt Thomas, where he leads the firm’s Water, Environmental, and Natural Resources Law Practice Groups. "I am very excited about this opportunity to serve as Executive Director of the IWUA. I applaud Norm for paving a path of success for the Association and look forward to continuing those successes into the future,” Arrington said. “I look forward to working with the water users to defend and protect the rights of IWUA members to Idaho's precious water resources." IWUA's 80th convention, general meeting open jan. 24 at riverside hotel in boiseFor Immediate Use Updates on the Environmental Protection Agency’s National Pollutant Discharge Elimination System Permitting and its new pesticide general permit process are two key issues affecting irrigation waters that will draw close scrutiny when the 80th Annual Convention and general meeting of Idaho’s largest water user group meets January 24-26 at The Riverside Hotel in Boise. “These EPA permits have been controversial since they were implemented because of the burdensome, unnecessary impact they can have on irrigation agriculture here in Idaho. There will be very keen interest by water users in what the government officials have to say, especially about Idaho’s effort to take over state control of the permitting process from the EPA,” noted Norm Semanko, IWUA Executive Director. Convention attendees will also get the latest water supply outlook from federal water officials. Additional panels will focus on Idaho’s ongoing aquifer recharge efforts. Gary Spackman, Director of the Idaho Department of Water Resources, will give a state water management update. Jennifer Carrington, Assistant Regional Director of the Pacific Northwest Bureau of Reclamation, will present attendees a BOR report on area federal water issues. Other panels will focus on Idaho’s species conservation efforts, Bureau of Reclamation grant opportunities and implementing a GIS system to track and manage accounts. IWUA will also elect new officers during the convention, and decide on resolutions that will guide the Association’s activities during the coming year. The convention begins January 24 with standing committee meetings during which resolutions, legislation, water quality issues, education, rural and urban affairs and other Association activities will be discussed in detail The main convention program will begin Wednesday, January 25. IWUA officials will also present a series of water related awards at a special luncheon the same day. The convention will end Thursday, January 26, with the Association’s Annual Legislative Banquet, according to Semanko. More information about the convention can be found at the IWUA website: www.iwua.org. You can also call the Association at (208) 344-6690. The Idaho Water Users Association consists of approximately 300 irrigation districts and canal companies, agri-businesses, public water supply organizations, professional firms and individuals from around the state that manage water supplies for more than 2 million acres of irrigated Idaho farmland. IWua sets 80th annual convention for january 24-26, in boiseFor Immediate Use The 80th Annual Convention and general meeting of Idaho’s largest water use group is set for January 24-26, 2017 at The Riverside Hotel in Boise and registration is now open, the Idaho Water Users announced today. The three-day gathering traditionally features a broad range of speakers and panels examining a wide range of water and environmental topics. IWUA will also elect new officers during the convention, and decide on resolutions that will guide the Association’s activities during the coming year. “The convention marks the 80th year of bringing water users an excellent opportunity to meet and discuss important water issues with their professional counterparts from around Idaho and the Northwest. As usual, we have scheduled a wide variety of panel discussions and presentations regarding current water issues including our first close view of the water supply outlook for the coming irrigation season,” said Norm Semanko, IWUA Executive Director and General Counsel. The convention begins Tuesday, January 24, with standing committee meetings during which resolutions, legislation, water quality issues, education, rural and urban affairs and other Association activities will be discussed in detail. The main convention program will begin Wednesday, January 25. IWUA officials will also present a series of water related awards at a special luncheon the same day. The convention will end Thursday, January 26, with the Association’s Annual Legislative Banquet, according to Semanko. Early convention and hotel registration is now open; however, people who want to attend will also be able to register at the door. More information about the convention can be found at the IWUA website: www.iwua.org. You can also call the Association at (208) 344-6690. The Idaho Water Users Association consists of approximately 300 irrigation districts and canal companies, agri-businesses, public water supply organizations, professional firms and individuals from around the state that manage water supplies for more than 2 million acres of irrigated Idaho farmland. |