HomeMy Public PortalAboutRES2016-01_Interim Mitigation Plan_03/15/20162016-01
RESOLUTION NO. _
Interim Mitigation Plan
WHEREAS, the A&B Irrigation District, American Falls Reservoir District No. 2, Burley
Irrigation District, Milner Irrigation District, Minidoka Irrigation District, North Side Canal
Company, and Twin Falls Canal Company (hereinafter collectively referred to as the "Surface
Water Coalition" or "SWC") has a pending water right delivery call before the Idaho Department
of Water Resources ("Department") seeking curtailment of junior -priority ground water rights
authorized to divert from the Eastern Snake Plain Aquifer ("ESPA"), Docket No.
CM-DC-2010-001 (the "SWC Delivery Call"); and
WHEREAS the Cities of Bliss, Carey, Delco, Dietrich, Gooding, Hazelton, Heyburn,
Jerome, Paul, Richfield, Rupert, Shoshone, and Wendell, all municipal corporations of Idaho
(collectively, "Coalition of Cities"), the City of Pocatello ("Pocatello"), and the City of Idaho Falls
("Idaho Falls") (the Coalition of Cities, Pocatello, and Idaho Falls are herein collectively the
"Cities"), have individually filed mitigation plans with the Department" pursuant to rule 43 of the
conjunctive management rules (IDAPA 37.03.11.043) in 2015 in Docket Nos. CM-MP-2015-001,
CM-MP-2015-004, and CM-MP-2015-005 (collectively, "Mitigation Plans"); and
WHEREAS, certain of the Cities' water rights are subject to potential curtailment as a
result of the SWC Delivery Call; and
WHEREAS, the SWC protested the plans or filed for intervention in order to maintain its
position and standing before the Department with respect to the Mitigation Plans; and
WHEREAS, the SWC and the Cities have had several meetings and have exchanged
information in an effort to resolve the SWC's protests to the Cities' Mitigation Plans without a
formal hearing; and
WHEREAS, the SWC and Cities have agreed in principle to a one (1) year interim
agreement to resolve the pending SWC Delivery Call as a first step toward resolving SWC's
protests and obtain the Department's approval of this Agreement for the SWC Delivery Call for
2016; and
WHEREAS, the SWC has agreed to accept certain mitigation activities as mitigation on an
CM-DC-2010-001, caused by the Cities' pumping; and
WHEREAS, the one (1) year interim agreement (the "Interim Mitigation Agreement") will
allow additional time for the Cities to negotiate a long-term mitigation plan; and
WHEREAS, the Interim Mitigation Agreement between the SWC and the Cities allows for
other municipalities that pump ground water from the ESPA Area of Common Ground Water
Supply (as defined in rule 50 of the conjunctive management rules (IDAPA 37.03.11.050) as of
February 25, 2016), may become participants in the mitigation plan at a later date pursuant to rule
43.03.m of the conjunctive management rules (IDAPA 37.03.11.043.03.m); and
WHEREAS, the City of Iona is a municipality that pumps from the ESPA and certain of
the City of lona's water rights are subject to potential curtailment as a result of the SWC Delivery
Call.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City of Iona hereby elects to be a participant in the Cities' Interim
Mitigation Agreement pursuant to rule 43.03.m of the conjunctive management rules (IDAPA
37.03.11.043.03.m). The Interim Mitigation Agreement shall be in substantially the same form as
Exhibit A attached hereto.
PASSED BY THE COUNCIL this iS"k- day of l /ta.lCk , 2016.
APPROVED BY THE MAYOR this ig4k day of 1110CA. , 2016
Bradley Andersen
Mayor
AT EST:
dilitALAMO'
oberts
City Clerk
(SEAL)
GAWPbATA\DWS\2708 CITY OF IONA\WATER RIGHTS\RESOLUTIONMITIGATIONPLANDOCX:cs