Senate approves bill setting deadlines and notice requirements for water-right methodology orders

The Idaho Senate on Feb. 25 approved Senate Bill 10‑61, a measure that amends the state's procedure for issuing methodology orders that affect water-right administration. The roll call showed 34 senators in favor and one absent.

Sponsor Senator Van Orden said the bill amends Idaho Code (referred to in debate as "Idaho code 40 two-seventeen oh 1 a") to require a date‑certain deadline — December 1 of the prior year — for the director to adopt changes to a methodology that will be used in an upcoming irrigation season. The bill also requires notice and a hearing before significant methodology changes are made.

Van Orden described the 2023 process as disruptive to irrigators because the director switched from a "steady state" model to a "transient" model in late April, after many farmers had already planted crops. Under the earlier model, the director had anticipated curtailing about 100,000 acres; after the methodology change the curtailment footprint grew dramatically. The sponsor said the late change led to lawsuits and undue hardship for farmers.

"The methodology is akin to defining the rules of the game when the director is making one of these orders," Van Orden said. "It is critical that changes to the methodology be made well in advance of an irrigation season so the farmers can respond to changes in the methodology."

The bill drew little floor opposition and passed after unanimous consent was used to dispense with further reading. The Senate approved the bill and will transmit it to the House for consideration.

What’s next: The bill is transmitted to the Idaho House for its consideration.