BLACKFOOT, Idaho (KIFI)— A local farmer agrees to stop irrigating his crops for the rest of this year’s growing season, according to the Department of Water Resources.
District Court Judge Darren Simpson accepted a settlement between IDWR and Jerry and Valerie Bingham on Thursday.
The Binghams chose not to join the local water district, arguing that their water rights from the 1950s have seniority.
Because their water rights are junior to the priority date of 1900, the Binghams had to agree to stop irrigating for the rest of the 2025 season. As part of a settlement, the Idaho Department of Water Resources (IDWR) agreed to begin processing the mitigation plan the Binghams submitted on August 19. IDWR confirmed it had already taken the first step by publishing notice of the plan.
IDWR will still seek civil penalities against the Binghams at $300 per acre for their illegal diversion of water.
IDWR said most junior water users in Eastern Idaho have signed on to approved mitigation plans including those agreed in the 2024 Water Settlement Agreement. Because of that, they have avoided any impact from the curtailment order issued in July.
IDWR said the Binghams initially refused to curtail their water use on four wells.
IDWR provided the following background of events:
- IDWR staff and the local Watermaster had several conversations with Jerry Bingham, where he was informed of the curtailment order and its requirements.
- The Binghams’ attorney sent a letter to IDWR confirming their intent to not shut off their water use and refusal to join a groundwater district for the purposes of mitigation.
- IDWR has started the review process on the Binghams’ mitigation plan; public notice of the plan will be forthcoming.
- On Aug. 20, 2025, the Department filed a motion for a temporary restraining order (TRO). The motion asked the Court to order the Binghams to cease diverting water until the hearing on the Departments motion for preliminary injunction.
- On August 25, 2025, the Court granted the Department’s motion for a TRO and issued an order telling the Binghams to cease diverting water until the September 4 hearing.
- The Watermaster has confirmed that the Binghams complied with the TRO.
