
BLACKFOOT, IDAHO (KIFI) — A local family farm is facing a potential loss of crops after state officials turned off their irrigation pump this week. Jerry Bingham, a farmer near Blackfoot, had his water pump shut off by a water master from the Idaho Department of Water Resources on Tuesday morning.
The curtailment, issued last month, aims to address a predicted 75,300-acre-foot water shortage for the Twin Falls Canal Company, which holds senior water rights. However, the order is putting immense pressure on farms like Bingham’s, which relies on groundwater.
“Without water, you’re not a farmer,” said Jerry Bingham. “I got five boys on this farm. We all farm together. So yeah, this affects five families.”
Jerry’s son, Brent Bingham, added that while he can’t put an exact number on the financial impact, it will be “very big,” especially for their small family-run operation.
“First in Time, First in Right”
While many groundwater users are protected under a recent water settlement agreement, Bingham has chosen not to join the water district, arguing that his water rights from 1950 have seniority. He believes the state should honor the principle of “First in Time, First in Right,” which is enshrined in the state constitution.
“If the state was doing that like the law intended… instead of manipulating everybody into a water district, then the water district decides, turns it into socialism, and everybody’s going to share in the cutbacks,” said Jerry. “That’s why I don’t want to be part of the water district.”
However, the curtailment order issued earlier this year by IDWR Director Mathew Weaver clearly put that
Groundwater users who draw water from the Eastern Snake Plain Aquifer and whose water rights are junior to Oct. 11, 1900, were at risk of being curtailed. According to a release provided by IDWR, newly curtailed groundwater users affected by the July Curtailment Order were given a 15-day grace period to join a mitigation plan.
“Under Idaho water law, surface water users with senior water rights have priority over water users with junior rights on the Snake River and the ESPA,” states the release. “With the new July Curtailment Order, the group of affected water users and water rights has grown by several hundred. Because of the early curtailment date of Oct. 11, 1900, many affected water users may not have previously faced curtailment and not been aware of the ongoing delivery call process. Agents in the field are confirming compliance with the curtailment orders and helping water users understand the matter and identify their options.”
Despite this, Bingham says he is “going to stand up” for his water rights. He says his farm has already voluntarily reduced its water usage by 14.2% this year by turning off his pump for 24 hours every Sunday. He claims he’s only using one-third of what his water rights permit.
The IDWR curtailment order has been included below: