Labrador Letter: Protecting North Idaho’s Water for Generations to Come

Dear Friends,

This week, we announced a historic agreement that ends decades of water rights litigation threatening families, farms, and businesses across north Idaho. Yesterday, Governor Brad Little and I joined Chairman Chief Allan, the Coeur d'Alene Tribal Council, and affected stakeholders to announce this agreement, which protects existing water users both on and off the Reservation.

For over 150 years, the question of the Tribe's water rights remained unresolved. Following creation of the Coeur d'Alene Indian Reservation by Executive Order in 1873, Idaho courts, including the Idaho Supreme Court in 2019, held that the Tribe was entitled to implied federal reserved water rights with some priority dates reaching back to time immemorial. Those rights would have been senior to nearly every city, farm, business, and homeowner in the basin. Without this agreement, we faced years of litigation to determine how much water would be held in trust by the federal government for the Tribe's use. This economically and socially consequential litigation created uncertainty for cities, farms, and employers across the basin.

When I took office in January 2023, resolving this litigation became an immediate priority in order to protect all north Idaho communities. By the time I took office, negotiations had already fallen apart multiple times and the parties had stopped talking. Having a prior relationship with Chief Allan and the Tribe, I reached out to them and worked with my team to bring everyone back to the table. We brought together more than 300 stakeholders including the cities of Coeur d'Alene, St. Maries, and Harrison, Benewah County, private water users, and major employers like Buell Bros., Hagadone Hospitality, Avista Corporation, Hecla Limited, and Potlatch. We spent years working through complex issues, but we never lost sight of what mattered. Protecting the water that north Idaho families and businesses depend on while providing certainty for future growth.

Here's what Idaho secured through these negotiations. The Tribe agreed to recognize and protect all existing state-based water rights dated September 6, 2023, or earlier. If you had a water right before that date, it's protected. The Tribe also agreed to recognize an additional 10,000 acre-feet per year of future water rights, ensuring north Idaho cities and communities can grow without running into a legal wall. The agreement fully and finally resolves all tribal water rights claims in the basin, which means no future lawsuits and no lingering uncertainty. And it won't cost Idaho taxpayers a dime in direct funding to the Tribe.

We also built in protections against federal overreach. The agreement establishes a framework preventing water use protected under this agreement from being swept up into federal Clean Water Act or Endangered Species Act enforcement. That matters because federal agencies have a track record of using those laws to strangle state water management.

The Tribe receives defined quantities for its federal reserved water rights and retains authority to manage water resources within the Reservation. The agreement also authorizes creation of a tribal water supply bank, allowing the Tribe to lease water off the Reservation. The Tribe will seek $500 million from Congress for water infrastructure improvements, but the agreement stands regardless of whether or how much Congress appropriates.

The agreement now moves to the Idaho Legislature for approval during the 2026 session and will require authorization from Congress. Throughout these next steps, I'll continue fighting to protect the rights of all Idaho families and communities who depend on this water.

This agreement is a victory for all parties and provides certainty, protects existing rights, and allows for future growth.

You can read the agreement here

Best regards,