06/06/06 Water ruling to be appealed

A major court ruling on Idaho water. Fifth District Court Judge Barry Wood says conjunctive management, that method of managing surface and ground water together is 'unconstitutional and void.' Wood's 127 page decision is going to be appealed says Lynn Tominaga of the Idaho Groundwater Pumpers Association. TOMINAGA "This ultimately will be decided by the Idaho Supreme Court. We knew that Judge Wood was probably not going to rule in favor of the junior ground water users. His ruling was not unexpected." The case began in early 2005 when several canal and irrigation companies near Twin Falls asked the state to grant their full surface water rights. That had the potential of shutting down groundwater pumpers. In times of shortage Wood also said junior users might have to pay for water. TOMINAGA "Who does that? Is it the junior or the state? Because mainly this lawsuit is against the state more than it is against the junior groundwater users." The groundwater users and the state of Idaho are both expected to file appeals but its uncertain how long it would take the state supreme court to rule. Voice of Idaho Agriculture Bill Scott