Blackfoot can’t buy water right

The city’s plan to purchase a water right to fill a drying Jensen Grove has stalled because of protests from Twin Falls water users.

By NICK DRAPER
ndraper@postregister.com

BLACKFOOT — When Blackfoot landed a $471,000 federal grant last year to fill Jensen Grove, it looked as if the city’s struggle to keep water in the lake was over.

The money, which Rep. Mike Simpson, R-Idaho, helped secure, was enough for the city to buy a water right and ensure the popular spot wouldn’t empty in the summer.

But Jensen Grove is once again drying up, and Blackfoot officials find themselves caught in the war between groundwater pumpers and surface users for the water in the East Snake Plain Aquifer.

The latest trouble started in November when the city tried to buy a 1900 water right from the New Sweden Irrigation District. But in March, Twin Falls water users, including the Twin Falls and Northside canal companies, protested the transfer.

In their filing with the Idaho Department of Water Resources, the companies said Blackfoot’s transfer application didn’t provide enough evidence about how the water right would be used, and that they weren’t sure the right was even valid.

In addition, they worried that filling Jensen Grove would negatively affect their water rights downstream. Efforts to reach the companies for comment were unsuccessful.

The protest surprised Lynn Tominaga, executive director of the Idaho Ground Water Appropriators.

“I think it’s kind of stupid,” said Tominaga, adding that a full Jensen Grove would increase the natural flow for downstream canal companies. “The transfer would actually help Twin Falls Canal Co. That’s what I don’t understand (about the protest).”

Ron Carlson, the former watermaster for District 1 in Idaho Falls, agrees.

Carlson worked on the transfer and did not oppose the deal. He said in a report that it solved a number of problems that have existed for decades, including recharging the aquifer and improving overall water flow.

“Here’s my take on it: If the Jensen Grove transfer is approved, there is no one on the eastern Snake River that can say, ‘I was negatively affected by it,’” he said.

Blackfoot Mayor Mike Virtue understands why water users get concerned about flows and the impact of something such as filling Jensen Grove.

“If you’re downriver and you’re waiting for your water, you have a vested interest in what happens upstream,” he said.

City officials and the Twin Falls companies are now meeting to negotiate the terms of the water right transfer agreement. But when, and if, a deal will be struck is unclear. Virtue said he is optimistic the city can resolve this snag and the overall problem of filling the lake. Blackfoot doesn’t have to spend the federal grant money within a certain time period so city officials have time to negotiate.

It is Blackfoot residents who will feel the pinch.

They can’t water ski or swim in an empty lake.

“It’s real disappointing,” said Bob Kesler, owner of Kesler’s Market in Blackfoot and an avid Jensen Grove user. “It’s a detriment to the city when there’s no water. I wish they could find a permanent solution.”

Bingham County reporter Nick Draper can be reached at 542-6742.

Spring 2005: Blackfoot gets $471,000 federal grant to fill Jensen Grove

Oct. 27, 2005: Idaho Water Department receives application from Blackfoot to transfer 1900 water right from New Sweden Irrigation District

Nov. 1, 2005: Blackfoot City Council approves contract to buy 1900 water right from New Sweden Irrigation District

Nov. 21, 2005: Then-Watermaster Ron Carlson sends letter of recommendation to IDWR approving deal between Blackfoot and New Sweden district

March 6, 2006: Protest notice sent to IDWR by A&B Irrigation District, American Falls Reservoir District 2, Burley Irrigation District, Milner Irrigation District, Minidoka Irrigation District, North Side Canal Co. and Twin Falls Canal Co.

n City officials and Twin Falls companies are meeting to negotiate terms of the transfer

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