Water attorney gives update on water right for South Fork

On Aug. 16, Scott Campbell with Campbell Law, gave the Commissioners an update on the water permits the Commissioners have been working towards getting. Campbell gave an overview of the water order. The Director of Water Resources, Gary Spackman, issued the order on exceptions on Aug. 13. This decision is a final order, which under the Department of Water Resources rules means this is the end of the consideration period of the department for the counties application for a new water permit, number 63-34348 , to divert water from the South Fork of the Boise River out of Anderson Ranch Reservoir.

“The order is very favorable to the county’s application,” Campbell said.

Previously they obtained a preliminary order from the hearing officer that was issued in April. Due to procedural mechanisms that are provided for in the department’s rules and statues, parties can ask that the preliminary order be modified which can take some time. This final order is the end of that administrative process with one exception. That exception being that any party can file a petition for reconsideration within 14 days from the date of the order. If any party would file a petition it is not an appeal, it is considered an interim administrative agency step that allows the director to consider the argument and either reject it, accept it or modify it Campbell hasn’t heard anything about what the opponents plan on doing, but he does not recommend the County file a motion for reconsideration due to “this order being the best damn thing I’ve seen in a long time.”

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