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December 23, 2016 CapitalPress.com 7 IGWA announces contract New administration could to buy Rangen trout farm mean end of WOTUS rule By JOHN O’CONNELL By SEAN ELLIS Capital Press Carol Ryan Dumas/Capital Press File Raceways for fi sh are shown at the Rangen trout farm at Hager- man, Idaho. 30 MALAD GORGE STATE PARK 84 Hagerman, Idaho Sna ke BILLINGSLEY CREEK WILDLIFE MANAGEMENT er Riv g sley Hagerman Creek TWIN FALLS, Idaho — Offi cials of Idaho Ground Wa- ter Appropriators Inc. say they have a contract to purchase the Rangen trout farm in Hager- man. The purchase would put to rest a long-running water bat- tle with Rangen while provid- ing groundwater irrigators a pathway toward resolving oth- er water confl icts in the valley. IGWA attorney T.J. Budge said the sale hasn’t closed, as the parties are still “working through the due diligence.” The purchase price is confi - dential, Budge said. Budge said groundwater districts believe the terms are fair and in both parties’ best in- terests and that the sale should “further protect the agricultur- al economy.” “We think it’s a good solu- tion,” Budge said. “It’s un- fortunate the same solution couldn’t have been reached years ago, but that’s how it works.” Rangen attorney Justin May did not return calls for comment. The property includes about 60 acres, three homes, raceways, a fi sh hatch house and greenhouse and a research building. In 2000, several spring us- ers started discussions with the state about declining spring fl ows. Rangen and other us- ers fi led delivery calls against junior groundwater users after the discussions failed. Rangen’s call was deemed futile due to modeling uncer- tainty, until the state updated its groundwater model a few years ago. To deliver up to 9.1 cubic feet per second of spring water owed to Rangen, IGWA built a $4 million, 1.8-mile pipeline in the winter of 2014 from the nearby Magic Springs hatchery Capital Press HAGERMAN WILDLIFE MANAGEMENT AREA 30 N Approximate site of Rangen Fish Farm 1 mile Alan Kenaga/Capital Press to Rangen’s facility on Billing- sley Creek. IGWA purchased the Aqua Life hatchery from the state to offer Magic Springs in exchange for the water. The pipeline has been oper- ating ever since, but the Idaho Supreme Court ruled in Feb- ruary that Rangen didn’t have a proper water right to use 12 cfs it had been diverting from the so-called Bridge Diver- sion of Billingsley Creek and that IGWA, which fi led for the right after making the discov- ery, had a valid claim to the water. Before announcing plans to buy Rangen, IGWA had considered building a second, shorter pipeline to meet its mit- igation with Bridge Diversion water. Budge said the existing pipeline may still be used to de- liver water to Buckeye Farms, a hunting club that has a declin- ing senior water right farther downstream on Billingsley Creek and has been in negotia- tions with IGWA to avert a call. IGWA will also likely build a nearly half-mile extension from its pipeline to access the sandy ponds, which have sup- plied mitigation water via an- other pipeline to three farms with senior water rights, using operational spills from the Northside Canal. Budge explained effi cien- cy improvements within the canal system have reduced operational spills, and the pipeline could provide sup- plemental water during peak summer demand. IGWA Executive Direc- tor Lynn Tominaga estimat- ed the cost of extending the pipeline to the sandy ponds at $250,000 to $300,000. He said the cost of operating the current pipeline to Rangen is about $100,000 per year. Tominaga said IGWA has contacted University of Ida- ho, Idaho Department of Fish and Game and others who may be interested in buying or leasing Rangen, with a wa- ter right subordinated to pro- tect groundwater irrigation. NAMPA, Idaho — The Trump administration could boost agricultural water us- ers by tossing out the newly rewritten Waters of the U.S. rule, the head of the Ida- ho Water Users Association says. IWUA Executive Direc- tor Norm Semanko said wa- ter users are challenged by a seemingly never-ending pro- cession of new rules but he is hopeful that could change under President-elect Donald Trump’s administration. The list of regulations wa- ter users have to deal with “just seems to get worse ev- ery year,” Semanko said Dec. 15 during the Treasure Valley Irrigation Conference. “We don’t know what (a Trump administration) por- tends for the future but hope- fully some things will cut our way,” he said. Semanko said he’s hope- ful the new administration will end the Environmental Protection Agency and U.S. Army Corps of Engineers rule on the Waters of the U.S., which is now tied up in court. Farm, ranch and water user groups worry the rule could greatly expand the fed- eral government’s authority over waters and adjacent land not currently subject to regu- lation under the Clean Water Act. Semanko pointed out that Trump has said he would eliminate the rule. His pick to head the EPA, Oklahoma At- torney General Scott Pruitt, has fi led a legal challenge against it. Trump “thinks it’s expan- sive and doesn’t make sense, which most of us in the water world agree with,” Semanko said. He told members of Ida- ho’s irrigation communi- ty to look for the new ad- ministration to voluntarily pull the rule, which means it would no longer be in effect. But it’s not enough to just get rid of the rule because the old WOTUS rule is vague at best, he said. “We need a new rule and this (new) administration can do that,” he said. “It won’t be enough just to get rid of WOTUS. It will need to be replaced.” Semanko said the Trump administration might also provide some relief from the effects the Endangered Spe- cies Act has on water users, including the impact listed fi sh species have on water in California as well as the oper- ation of the Columbia-Snake River system. WATER The # # 1 Issue in the West! Capital Press Ag Weekly will focus on this most crucial resource in an award-winning special section. Publishes Feb. 3, 2017 This section will provide valuable background and an insightful look at the current water situation with a forecast of what may happen in the future. Reach our print and online readers by advertising in this special section. Ad space deadline is Jan. 6, 2017 ROP-50-4-1/#13 WSDA issues fi ne for pesticide drift hitting motorist and the penalties became fi nal The driver suffered eye State confirms Nov. 28. and breathing troubles, and According to WSDA, the the state Department of Health mild illness fi ne and suspension stemmed confi rmed the man had a mild Capital Press A pesticide applicator was fi ned $450 and had his license suspended for seven days for a drift incident that sickened a man driving past a Yakima County apple or- chard, according to the Wash- ington State Department of Agriculture. Juan M. Romero of Tieton waived his right to a hearing, from a pesticide application March 24 at an orchard 2.5 miles east of Tieton owned by Z&O LLC. Romero was not at the scene, but a man work- ing under his supervision was applying the insecticide. A motorist reported that spray coming from the second or third row of trees hit his truck. The driver cleared the windshield with wipers and reported that the cab smelled like aspirin. pesticide-related illness. A WSDA investigator said the second row was about 32 feet from the road. Samples taken from the truck tested positive for pes- ticide residue, according to WSDA. Efforts to reach Romero were unsuccessful. So far this year, WSDA has issued 13 penalties related to handling or applying pesti- cides. 52-1/#14 By DON JENKINS 52-4/#7