|Swan Falls Dam/BLM|
The last time Idaho Power Company butted heads with the state of Idaho over water rights at the Swan Falls Dam - this was in the first half of the 80s - the results rocked the state. Many of the results have worked out reasonably well; the Snake River Basin Adjudication, which was a direct result of that last conflict, probably will be a long-term benefit for southern Idaho.
The new lawsuit filed by Idaho Power Company, filed now as then in protection of 1905-dated water rights at the Swan Falls Dam on the Snake River roughly south of Boise, has a more dangerous edge. Back then, Idaho Power, in protection of its water rights (which it uses to generate cheap electric juice), did serve notice to thousands of southern Idaho water users that their water might be cut off. But at the same time, the utility was negotiating, trying to find a way to protect its rights while avoiding damaging and alienating its customer base. And, more or less, they and state and federal officials made it work. They guaranteed a minimum water flow for Idaho Power in return for state control and distribution of water flowing through the Snake above that minimum.
But water has been getting tighter in recent years, and now Idaho Power maintains there isn't any more beyond their guaranteed minimum and that, to meet its rights, many water users (mainly of ground water) will have to be shut off. In contrast to the 80s, the room or inclination to negotiate seems considerably less.
The room has to do with the physical realities of the situation, which could upend large parts of southern Idaho agriculture.
The inclination could come from somewhere else. Our suspicion for some years has been that once work on relicensing the three Hells Canyon dams to Idaho Power was complete, that corporate vultures would swiftly circle and dive-bomb at Idaho Power, which so far has been Idaho-based - but might not be for a lot longer. The new Swan Falls lawsuit feeds into that scenario.
Here's how, deep inside an Idaho Statesman analysis by Rocky Barker of the legal action: "Idaho Power provides irrigation customers lower, subsidized power rates to run their pumps. Putting those customers out of business would give Idaho Power more low-cost power to sell to customers who pay higher rates. Critics say this is Idaho Power's real intention and would make the company a more attractive buyout target."
A buyout was a lesser consideration a quarter-century ago. Today, it seems more a matter of time, and an Idaho Power based not in Boise but across the country might be a very different animal. Southern Idaho irrigators might be wise to give that careful consideration as they plot their next moves.