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Federal Government Sues State over Idaho National Laboratory Water Rights
The Justice Department says cutting off the laboratory’s water would threaten nuclear safety and research support for Navy propulsion programs.
On September 11, the U.S. government filed a lawsuit in U.S. District Court against Idaho to block a curtailment order affecting Idaho National Laboratory, arguing the state lacks authority to regulate federal water rights.
Water Resources Director Mathew Weaver issued a May 14 curtailment order after determining federal water rights were junior to October 11, 1900, requiring the Department of Energy to participate in Idaho's seniority-based allocation framework.
The Department asserts it is entitled to 35,000 acre-feet annually, claiming state regulation "threatens to fundamentally undermine" federal sovereignty and poses risks to nuclear safety and research support for the Navy's nuclear-powered warships.
In an October 16 response, Idaho Attorney General Raul Labrador countersued, arguing the federal government's case constitutes "an unconstitutional taking of decreed water rights" and that federal agencies must follow state law like every other user.
With the West facing drought, the outcome could reshape administration of all decreed water rights in the state, while INL continues ramping up nuclear projects at its 890-square mile complex in eastern Idaho.