North Idaho Water Rights Agreement Announced

Idaho Attorney General Raúl Labrador said the state has reached a historic settlement ending decades of water rights litigation in North Idaho.  The agreement with the Coeur d’Alene Tribe resolves long-standing disputes over water use in the Coeur d’Alene–Spokane River Basin.

State officials say the deal protects most existing water rights for cities, farms, businesses, and homeowners with claims dated September 6th, 2023 or earlier.  It also allows for an additional ten-thousand acre-feet of water per year to support future growth in North Idaho communities. 

The state says the agreement comes at no direct cost to Idaho taxpayers, though the tribe plans to seek federal funding for water infrastructure. 

What Does The Agreement Say?

What Idaho Secured: 

• Protection of most existing water rights: The Tribe agreed to recognize and protect all existing state law-based water rights, licenses, permits or claims with a date of September 6, 2023, or earlier
• Room for future growth: The Tribe agreed to recognize and protect an additional 10,000 acre-feet per year of future state law-based water rights, ensuring north Idaho cities and communities can grow responsibly
• Restrictions on Federal Overreach: The agreement provides a framework ensuring that use of water protected or established in the agreement isn’t swept up into federal overreach under the Clean Water Act or the Endangered Species Act
• Final resolution: The settlement fully and finally resolves all tribal water rights claims. No future lawsuits, no uncertainty, and significant legal protection for Idaho water users
• Zero cost to Idaho taxpayers: The State will not provide direct funding to the Tribe under the settlement. 

What the Tribe Received: 

• Certain quantities of water: The Tribe gains defined judicially recognized quantities for their federal reserved water rights and affirms its opportunities to develop the natural resource within the Reservation, while protecting the rights of both tribal and non-tribal Idaho citizens
• Control of tribal water: The Tribe retains authority to manage its water resources within the Reservation. The agreement also authorizes creation of a tribal water supply bank allowing the Tribe to lease water off the Reservation
• Ongoing collaboration: State support for federal legislation providing funds for tribal water infrastructure. The Tribe will seek $500 million from Congress for implementation of the agreement and for water infrastructure improvements and other uses. The agreement stands regardless of whether or how much Congress appropriates. 

"This settlement is a massive win for all north Idaho families, businesses, and communities who depend on reliable water," Labrador said. "For over a decade, this litigation created uncertainty for cities, farms, and employers across the basin. Courts had already held that the tribe was entitled to certain water rights on the Reservation that could affect the region. This settlement avoids continued litigation, protects existing water rights, secures water for future growth, and it is a win for all parties.”

The settlement still requires approval from the Idaho Legislature and Congress before it becomes final.

Questions About Water Rights Go Back Over 150 Years

Following creation of the Coeur d'Alene Indian Reservation by Executive Order in 1873, the question of what water rights the Tribe acquired has remained unresolved for over 150 years.  Idaho courts, including the Idaho Supreme Court in 2019, have held that the Tribe was entitled to implied federal reserved water rights on their Reservation with some priority dates reaching back to time immemorial.  These rights would have been senior to most every city, farm, business, and homeowner in the Coeur d'Alene-Spokane River Basin.

Without the settlement, continued litigation would be required to determine how much water would be held in trust by the United States for the Tribe's use and development, creating years of uncertainty for water users across the region.

Labrador's office said the agreement is a victory for all parties, adding the Attorney General will continue his efforts to protect the rights of all Idaho citizens and families.

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