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
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