The Coeur d’Alene Tribe and the state of Idaho announced the completion of a historic water rights settlement Thursday, ending decades of litigation in North Idaho and more than a century of uncertainty about the Tribe’s water rights.

“This agreement is the product of generations of Tribal members and leaders who laid the groundwork to protect Coeur d’Alene Lake and other water resources for future generations,” Coeur d’Alene Tribal Chairman Chief Allan said. 

Idaho Gov. Brad Little joined Tribal leaders and Idaho Attorney General Raúl Labrador for a signing ceremony in Boise on Thursday. 

“This historic water rights agreement delivers certainty for water users and lasting protection for Coeur d’Alene Lake and everyone who depends on it,” Little said. “After years of hard work, we are proud to stand alongside Chief Allan and Tribal leaders to mark this milestone. Countless partners came together to forge a balanced, durable solution that strengthens water reliability and benefits all of North Idaho.” 

Adjudication of water rights in North Idaho began in 2008, but the issue stretches back much further. Questions about the Tribe’s water rights remained unresolved for more than 150 years after the creation of the Coeur d’Alene Indian Reservation by executive order in 1873. 

Water rights are fundamental during times of shortage, when a water right's priority date determines who gets water. 

According to the Idaho Department of Water Resources, if there’s not enough water available to satisfy all water rights, then the oldest water rights are satisfied first, and so on, until no water is left. When there isn't enough water to satisfy all water rights, new or junior water rights holders don’t get water.   

Idaho courts, including the Idaho Supreme Court in 2019, have held that the Tribe was entitled to implied federal reserved water rights on its 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,” the Attorney General’s Office said in a statement. “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.” 

The state of Idaho engaged in negotiations involving the Tribe, the federal government and more than 300 stakeholders across the region, including the cities of Coeur d’Alene, St. Maries and Harrison, Benewah County, the Coeur d’Alene Lakeshore Property Owners Association, private water users across the basin and major employers like Hagadone Hospitality, Avista Corporation, Hecla Limited, Potlatch and Buel Bros, Inc. 

According to the Attorney General’s Office, Idaho secured protection of most existing water rights and room for future growth as part of the settlement. 

“This settlement is a massive win for all North Idaho families, businesses and communities who depend on reliable water,” Labrador said. 

The Tribe agreed to recognize and protect all existing state-law-based water rights, licenses, permits, or claims with a date on or before Sept. 6, 2023, and to protect an additional 10,000-acre-feet per year of future state-law-based water rights. 

“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,” according to the Attorney General’s Office. 

The settlement “fully and finally” resolves all Tribal water rights claims. The state of Idaho will not provide direct funding to the Tribe under the settlement. 

Meanwhile, the Tribe gains “defined, judicially recognized quantities” of water under its federally reserved water rights. It affirms opportunities to develop the natural resources within the Reservation, “while protecting the rights of both Tribal and non-tribal Idaho citizens.” 

The Tribe retains authority to manage its water resources within the Reservation. The agreement authorizes the creation of a Tribal water supply bank, allowing the Tribe to lease water off the Reservation. 

The settlement also includes state support for federal legislation providing funds for Tribal water infrastructure. The Tribe will seek $500 million from Congress to implement the agreement on water infrastructure improvements and other uses. The agreement stands regardless of whether or how much Congress appropriates. 

After the settlement was announced, Allan recalled the words of the late Tribal leader Felix Aripa: “Water is life for all of us.” 

“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,” Allan said. 

    Little
  

    Labrador