Blue Lakes Trout Company and Ground Water Districts Reach Historic Accord for Solving Eastern Snake Plain Aquifer Water Disputes

Blue Lakes Trout Company and Ground Water Districts Reach Historic Accord for Solving Eastern Snake Plain Aquifer Water Disputes
Boise, Idaho—March 31, 2011
Blue Lakes Trout Farm and its President, Kay Hardy, together with the North Snake and Magic Valley Ground Water Districts and the Southwest Irrigation District today announced that they have reached an agreement to allow the Districts to acquire water rights and other assets that can be used to address pending water issues in the Eastern Snake River Plain Aquifer (ESPA). Potentially, the agreement would allow resolution of pending litigation and most, if not all, of the disputes that have disrupted water use in the ESPA. The agreement puts the Districts in a position to address threatened curtailment of thousands of acres of irrigated farmland in southeastern Idaho. The agreement also helps solve critical water shortages for aquaculture facilities and mitigation for various water issues throughout the ESPA.
The ongoing legal battles between ground water users and surface water users in the area have intensified in the past years as orders from the Idaho Department of Water Resources indicated that ground water pumping was injuring surface water users whose water rights were senior to those of the ground water users.
The agreement reached between the Districts and Ms. Hardy, daughter of Earl Hardy, a pioneer of the trout industry in Idaho and namesake of the Earl M. Hardy Box Canyon Springs Nature Preserve near Hagerman, Idaho, provides the Districts with water rights to meet potential water shortages and allows for resolution of water conflicts between spring and groundwater users.
According to Ms. Hardy, "This agreement is the culmination of years of working to address the disputes which have jeopardized the trout farming industry, family farms, and the overall economic well-being of the southeastern part of the state. My Dad and I have long understood the relationships among the various users of water in this area. We watched with sorrow as friendships and livelihoods were under constant pressure due to never-ending litigation that often produced no clear solutions. Today I am pleased and encouraged because on the horizon I see fair and permanent solutions to many divisive issues."
Asked how, after so many years of legal and political disputes, a solution is now foreseeable, Ms. Hardy and Mr. Lynn Carlquist, Chairman of the North Snake Ground Water District both acknowledged that "We decided to talk to one another in a different way. We based our discussions on sound business principles and a healthy dose of mutual respect. The mutual respect allowed us to have conversations that were long overdue. We were able to focus on solutions."
Mr. Orlo Maughn of the Magic Valley Groundwater District pointed out that "With this agreement, we will be able to address the issues that have caused us much concern. We can help protect the economic viability of the area, the long-term sustainability of family farms, and a resource upon which all depend."
Ms. Hardy, questioned about how her dad would feel about the pivotal role his family has played in resolving the issues, responded "Proud. My dad was farsighted and loved this area and its people. He would be pleased."
The timing of the agreement could not have been more fortuitous. On March 17, 2011, the Idaho Supreme Court upheld an Idaho Department of Water Resource Department order that addressed the injuries being alleged by the surface water users. The Supreme Court decision suggested more years of litigation. The Districts and Ms. Hardy believe their agreement moves towards cooperation and resource management rather than litigation.