The Coeur d’Alene Tribe and the state of Idaho reached a significant agreement on September 28, 2023, in Boise, resolving long-standing disputes over water rights in the Coeur d’Alene River basin. While the complete details of the pact are still forthcoming, both parties have confirmed that it serves to protect the water rights and uses of the tribe, the state, and numerous stakeholders in the region.
Chief Allan, Chairman of the Coeur d’Alene Tribe, expressed optimism about the agreement, stating, “Through hard work and constant dedication, we’ve been able to reach an agreement that not only protects our Tribal homelands but ensures water reliability for everyone throughout North Idaho.” This sentiment was echoed by Idaho Governor Brad Little, who emphasized that the agreement fosters confidence for families, farms, businesses, and communities in planning their futures.
Key Components of the Agreement
Idaho has grappled with complex legal challenges surrounding water rights for decades. The adjudication process in the Coeur d’Alene River basin began in 2008, covering the river and its tributaries, as well as Lake Coeur d’Alene and a portion of the Spokane River. The tribe argued over 350 claims based on its treaty rights, asserting that the reservation was meant to ensure a homeland for the tribe, including federally reserved water rights for agricultural and domestic use.
Initially, a state water rights court restricted the tribe’s water rights, primarily to agricultural and domestic purposes. Following an appeal, the Idaho Supreme Court expanded the tribe’s rights, prompting renewed negotiations between the two parties.
Under the new agreement, the Coeur d’Alene Tribe will receive an undisclosed quantity of water through federally reserved rights, maintaining authority over its water use on the reservation. The tribe will also be authorized to establish a water bank to lease water outside its reservation. In a show of support, the state has committed to backing the tribe’s request for federal legislation aimed at funding essential water infrastructure projects, with the tribe seeking $500 million for this purpose.
Idaho will secure protection for existing water rights, licenses, and claims established before September 6, 2023. Additionally, the state is granted 10,000 acre-feet of water annually to support future growth in cities throughout the basin. A notable aspect of this agreement is that the rights established will not be invoked in litigation related to the Clearwater Act or the Endangered Species Act.
Next Steps and Broader Implications
While Idaho will support the tribe’s federal funding request, it will not provide direct financial assistance. The agreement is pending approval from the Idaho Legislature. Other parties involved in the agreement include various cities within the basin, Hecla Mining Company, PotlatchDeltic, members of the North Idaho Water Rights Alliance, and property owner associations.
This settlement, although smaller in scope, shares similarities with a 2004 agreement involving the Nez Perce Tribe, where the tribe settled its water rights claims in exchange for $90 million, minimum stream flow guarantees, and land provisions.
The completion of this agreement represents a crucial step toward ensuring sustainable water management in the Coeur d’Alene River basin, benefiting not only the tribe but also the broader community. The collaborative effort showcases a commitment to resolving water rights disputes while promoting long-term environmental stewardship.
