Environmental Engineering Reference
In-Depth Information
talking about inter-basin transfers, we might actually get water-law
reform,” says Dellapenna.
Head west about 2,500 miles to the state of Idaho, and it's the
director of the Idaho Department of Water Resources who is fi gu-
ratively and literally charged with turning on, or off, the tap. Idaho
law requires that the director administer water rights under the prior
appropriation doctrine. That means cutting the water off to junior
water rights holders if and when it's necessary. It's the law of the land.
The Role of the Courts
The great mitigator when it comes to the water elite is the courts,
says Bruce Newcomb. He's former speaker of the Idaho Legislature
(1998-2006), a longtime Idaho rancher who uses irrigation, and
director of government affairs for Boise State University.
“If anyone was close to being or trying to be the water god in
Idaho, it was the Idaho Power Company,” says Newcomb. “It hasn't
been able to achieve that status, largely due to the court system.”
People with money and political power who are accustomed to
having their way may think they can become part of the water elite
and everyone must kowtow to them. “The entity that makes sure that
doesn't happen is the court system,” Newcomb says. “In the end, it
prevents many such abuses.”
The drawback of water cases ending up in court is the cost. “You
better have a truckload or a trainload—at least a couple of cars full—
of money,” says Newcomb, who has joined with other ranchers to form
a water district. “That's why I belong to this water district. It's econo-
mies of scale. Individually I couldn't do what needs to be done to
resolve water disputes. But together we become a strong enough entity
with enough resources behind us that we can stand up to anybody.”
NATIONAL WATER CHIEF
Given the pervasiveness and complexity of water ownership and
the multitude of directors, controllers, buyers, sellers, brokers,
lawyers, and others involved, it makes sense that the United States
would have a big kahuna of water. Who is it? The short answer may
surprise you. No one. Although such a post has been considered,
