Cities Can’t Use Eminent Domain for Irrigation Districts under Proposed Bills
“House Speaker Scott Bedke introduced legislation Thursday that seeks to resolve a decade-long water dispute that has cost taxpayers at least two million dollars.
Bedke said he has been asked to serve as a mediator between the city of Caldwell and Pioneer Irrigation District. The two have fought for years over urban stormwater drained through Pioneer’s canal system.
Pioneer argues that it doesn’t want to be held liable for poor water quality coming from the city and thus be found in violation to the federal Clean Water Act. The two parties, however, have failed to agree how much the irrigation district should be exempt.
Bedke, a Republican from Oakley, introduced two bills on the issue to the House Ways and Means Committee, but the two bills were essentially the same. They both would ban cities from claiming eminent domain over irrigation districts, but one bill includes a retroactive clause that would undo decisions as far back to 2012.
Caldwell and Pioneer have gotten nowhere in their attempts to settle themselves and instead have battled in court. Most recently, the city began condemnation action to take over Pioneer’s property, which includes its drains, canals and ditches.”
Kruesi, Kimberlee. Magic Valley 28 February 2014.