05/10/07 Judge bars water pumping shutoff

The date was supposed to be May 14th. That's the day that Idaho Water Resources Director David Tuthill said he'd have to start shutting down water pumps and potentially dry up 36 thousand farm acres. May 30th is the new date. That's when District Court judge Jon Butler will hear arguments on a lawsuit filed by a group of groundwater users. Judge Butler's temporary restraining order Tuesday bars IDWR from shutting off the pumps next week. Tuthill had issued his order in response to water delivery calls made by two Magic Valley fish producers, Blue Lakes Trout Farm and Clear Springs Food. Pumpers were involved in last month's Water Summit called by Governor Butch Otter the result of which was no agreement between senior surface water users and the junior groundwater users. Tuthill's order, if ever carried out, would be the largest curtailment in Idaho history under the doctrine of first in time is first in line for water. The Idaho Ground Water Appropriators include farmers, food producers, dairy operators and 13 Magic Valley cities who draw water from the Eastern Snake Plain Aquifer, the underground reservoir that runs from King Hill to Ashton The question before Judge Butler is should the state put water to its full economic use or keep its first-in-time doctrine? May 30th hearing may go a long way to determining who has control of the water in Idaho. Today's Idaho Ag News Bill Scott