Many are breathing a sigh of relief that the Idaho Legislature adjourned last week, but saddened by the damage caused by the Republican supermajority. Truly disheartening was our lawmakers’ and governor’s failure to honor the Idaho Constitution by approving a $50 million tax credit scheme to subsidize those who reject public education in favor of private and religious schools. Things went downhill from there.
On March 12, while news focused on JFAC budget battles, Senator Van Burtenshaw (R-Terreton) introduced SJM 104 regarding the Camas National Wildlife Refuge. While its official “Statement of Purpose” may seem innocuous, the memorial clearly endorses state seizure of the federal refuge along with attendant water rights.
The purpose of this Senate Joint Memorial is to request from the federal government an expedited permitting process to clean Camas Creek. Camas Creek flows through the Camas National Wildlife Refuge. Water which flows seasonally through Camas Creek provides water for agriculture, wildlife, and recreation in Mud Lake. This memorial also requests that ownership and administration of the Camas National Wildlife Refuge be transferred to the Idaho Department of Fish and Game.
The Senate quickly passed SJM 104 on a voice vote, and a week later, the full House adopted it on a 53-15-2 vote. Not a single Eastern Idaho representative voted against this memorial, despite its many flaws:
1. Section 404 of the Clean Water Act (CWA) regulates the discharge of dredged or fill material into waters of the United States, including wetlands. A 404 permit would be required to “clean” or dredge Camas Creek regardless of whether the refuge is state or federally owned.
2. Scientists have documented a significant, basin-wide decrease in water availability over the past 20+ years, largely due to high evapotranspiration rates and reduced soil moisture. Dredging Camas Creek is not the answer to the irrigators’ desire for more water, which obviously makes the senior surface rights associated with the national wildlife refuge quite attractive to the downstream, junior water users.
3. The memorial completely ignores the Shoshone-Bannock Tribes’ hunting, fishing and gathering rights on the Refuge land. Rep. Monica Church (D-Boise) noted during the floor debate, “A vote for this [memorial] is not only increasing people’s taxes, but it’s also saying the Idaho Legislature does not care about the supreme law of the land or the tribal rights of the people living in this state right now, who have been here long before Idahoans…”
Congress has long resisted state efforts to seize federal land and water rights since these resources truly belong to all Americans, not just Idahoans. However, given the current make-up of Congress and the law-averse Trump Administration, I am not surprised unethical Republicans would try an illegal land and water grab of this nature.
What can you do? Contact Congressman Simpson and Senators Crapo and Risch to remind them of their federal land stewardship responsibilities. To learn more, attend this Saturday’s Democratic forum on defending the Camas National Wildlife Refuge scheduled from 3:30-5:30 p.m. at the IF Public Library.
Jan Brown is a retired nonprofit executive who is State Committeewoman for the Bonneville County Democrats and Region 7 Representative on the Idaho Democratic Party Executive Committee.