07/09/07 Water hearing to focus on law, facts

Thanks to acceptable mitigation proposals a water curtailment this summer in the Magic Valley has been averted. Now says Idaho Water Resources Director David Tuthill its time to prepare for an October administrative hearing that let's both sides of the Eastern Snake Plain Aquifer dispute have their day in court. TUTHILL "There will be many issues of legal argument in this hearing. In addition there are issues of fact. There are issues about how much water is being diverted and what the impacts are." Tuthill says the two are intertwined and shouldn't be separated. An independent hearing officer will preside over the October 10th hearing, rule on the legal issues and facts which will then go to Tuthill for his review. TUTHILL "So I am planning early on either late this year or very early next year to make a determination relative to Thousand Springs recognizing that that determination likely will be appealed to the district court. Our intent is to deliver based on the results of the hearing from this year for next year." The Idaho Supreme Court and the state legislation could also have a say in this too. Tuthill says if a 2008 water curtailment is part of the solution those notices will go out to Thousand Springs area water right holders next year much earlier than notices were issued this year. Today's Idaho Ag News Bill Scott