Leaders of the Coeur d’Alene Tribe and Idaho state officials announced Thursday they have reached what the two sides described as a historic water rights settlement agreement following more than a decade of lawsuits and negotiations.
The Coeur d’Alene Tribe’s Tribal Council Chairman Chief Allan, Tribal Council Member Ernest Stensgar, Idaho Gov. Brad Little and Idaho Attorney General Raúl Labrador announced the Coeur d’Alene Tribe Water Rights Settlement Agreement during ceremonies in downtown Boise Thursday morning.
“It’s a good day for the Coeur d’Alene Tribe. It’s a good day for us in Idaho with an agreement that will be with us as we go into the next seven generations to protect our environment, protect our fisheries, protect our wildlife and the people that live, play and work around our waters,” Stensgar said during the ceremony.
“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,” Allan said in a written statement. “As the late Tribal leader Felix Aripa often said, ‘water is the life of 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.”
The agreement came together after months of negotiations that involved more than 300 stakeholders, the Idaho Attorney General’s Office said.
Under the agreement, the Coeur d’Alene Tribe receives certain quantities of water for its federally reserved water rights and control of water resources within the Coeur d’Alene Reservation, the AG’s Office said. The agreement authorizes the creation of a new Tribal water supply bank and allows the Tribe to lease water off the reservation.
As for what the state receives, the Tribe agreed to recognize and protect all existing state law-based water rights, licenses, permits and claims dating to September 2023 and earlier. The Tribe also agreed to recognize and protect an additional 10,000 acre-feet per year of future state law-based water rights, which the AG’s Office said ensures North Idaho cities can continue to grow.
Acre feet is a unit of volume that expresses how much water is sufficient to cover one acre of land in water one foot deep. One acre-foot is equal to 325,851 gallons of water per year, according to the agreement.
The agreement is also considered a final resolution and puts an end to future lawsuits, which the AG’s Office said provides significant legal protection for Idaho water users.
“This settlement is a massive win for all north Idaho families, businesses, and communities who depend on reliable water,” Labrador said in a written statement Thursday. “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.”
In addition to the Coeur d’Alene Tribe and the state of Idaho, there were more than a dozen parties to the settlement agreement, including HECLA mining company, Potlatch timber companies, the cities of Coeur d’Alene, St. Maries and Harrison, Avista Corp., and Benewah County.
“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 in a written statement. “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.”
The agreement will be forwarded to the Idaho Legislature and the U.S. Congress for ratification, officials said Thursday.
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