Magic Valley City Coalition And Issues Arising From Curtailment of Municipal or Related Water Rights Presentation by Robert E. Williams December 9, 2014

January 29, 2014 Order Rangen found to be short 9.1 cfs Order required curtailment of diversions for the irrigation of 157,000 acres under junior-priority water rights 9.1 cfs sufficient for irrigating approximately 500 acres

Coalition Cities

Authorized Volume (by Priority Date) 34 rights have priority dates junior to 8/12/1973 (curtailment date listed in the 6/24/2014 Rangen Order)

Water Right Volume & Production Heyburn

Water Right Volume & Production Paul

Water Right Volume & Production Richfield

Plans and Approaches to Avoid Curtailment Determine amount of non-consumptive use Where possible, allocate junior consumptive pumping to senior water rights Address inequities in Idaho Code§42-111(a) and Conjunctive Management Rules Mitigation in lieu of curtailment Regional recharge efforts

Curtailment Vulnerability Assumption Assume that indoor, potable uses (e.g., culinary uses) authorized by municipal water rights are not vulnerable to curtailment Non-consumptive municipal uses are already excluded from Rangen curtailment requirements Protection of municipal in-home-home use from curtailment is consistent with statute and state policy that excludes domestic uses from curtailment requirements Previous curtailment orders specifically excluded in-home culinary uses under municipal rights from curtailment requirements, without reference to wastewater disposal method Director's letters to owners of curtailed rights in Rangen Call: "Non-consumptive uses and culinary in-house uses of water are not subject to curtailment"

Exempt from Curtailment Rights exempt from curtailment – Domestic rights (authorize irrigation of up to ½ acre and maximum diversion of up to 13,000 gpd) – Any other uses with a maximum diversion of less than 0.04 cfs and diversion volume of 2,500 gpd Previous orders (Surface Water Coalition, Blue Lakes, Clear Springs) explicitly exempted “culinary” and/or in- home uses from curtailment requirements (regardless of wastewater treatment method) Director’s letters to owners of curtailed rights in Rangen Call: “Non-consumptive uses and culinary in-house uses of water are not subject to curtailment”