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Water agreement makes questionable sense

| January 31, 2005 8:00 PM

When Idaho lawmakers convene in January, they will be asked to consider a complex agreement aimed at settling a claim made by the Nez Perce Tribe to every drop of water in the Snake River. Because of a treaty signed by the Nez Perce Tribe and the federal government in 1855 granting the tribe the right to take fish from the river, the tribe believes it has rights to the water as well.

For water users, the Nez Perce claim is exceptionally troubling. Although the agreement has positive aspects, it also compromises private property rights and violates many other fundamentals of good government. The Nez Perce agreement adds another level of unwarranted environmental regulations and it supercedes the Idaho Forest Practices Act. This will result in a taking of private property from hundreds of Idaho landowners.

The agreement grants the tribe 200,000 acre feet of Dworshak water for fish flow. 50,000 acre feet of Clearwater River water, $7 million worth of BLM land, $50 million to acquire more land and water for fish habitat, management of the Kooskia fish hatchery and co-management of the Dworshak fish hatchery. In addition, it provides for continuation of 427,000 acre-feet of Upper Snake water with an additional 60,000 acre-feet in accordance with state law for flow augmentation — a practice that has been proven not to work.

The agreement will also result in a loss of revenue to the state endowment fund and several counties, and we all know how government makes up for lost revenue. Voters should make sure their lawmakers are well informed before any votes are cast on this important issue. For the Nez Perce Tribe, it's a good deal. But for the rest of us, it's questionable at best.

JEAN OFFERMANN

Sandpoint