Western Water Rights Go to Court

Western farmers are learning that a water right can be written on paper and still leave a field painfully dry. Two cases in the Pacific Northwest are putting that problem before judges.

First in line? Idaho growers Jerry and Valerie Bingham, who farm 1,000 acres near Blackfoot, are challenging restrictions that stopped them from pumping groundwater. Their right dates to 1950. They argue the state treated their claim unfairly while allowing certain newer users to keep drawing water.

A deep cut: Idaho's 2025 groundwater curtailment rules targeted Eastern Snake River Basin rights established after 1900 unless users joined a water district or secured an acceptable mitigation plan. The Binghams say five plans were rejected, including an offer to reduce use by 40%. That's a lot of sacrifice without much irrigation.

Across the border: Washington farmer Ron Fodé is separately contesting a 2017 water enforcement action that generated $260,000 in fines. His case is before the state Supreme Court, adding another legal test of what regulators may demand from producers.

The other side: Agencies must also manage scarce aquifer supplies through prolonged drought. Water models and priorities matter because pumping by one user can affect others. The lawsuits, supported by a public-interest legal group, remain allegations, not final rulings.

Why it matters: Irrigation determines what gets planted, financed and harvested. If producers cannot predict when their rights can be used, even a promising field can become a very expensive patch of wishful watering.