670 



Representative Peter A. DeFazio 



Page 2 



October 27, 1993 



proportional contribution that results in significant change to 

 existing system operation. Hardy's failure or unwillingness to 

 recognize drawdovms and change in hydropower operation implies 

 unwillingness to proportionally contribute to a solution. 



In the upper Snake River basin (diversions above Milner 

 dam) , the irrigators have operated a water bank of storage water 

 since the drought period of the 1930' s. The water bank operation 

 was codified into law in 1979. The water bank has always 

 distributed excess water first to water- short irrigators within 

 the Minidoka project. After irrigation demands above Milner Dam 

 are satisfied, water can be rented to any user below Milner. 

 Because any water discharged below Milner will not be saved in 

 storage for the next year, the bank rules require that refill of 

 any storage released below Milner be the last to fill the next 

 year. If the reservoirs do not refill, the irrigator who rented 

 his water downstream from Milner Dam cannot refill his storage 

 until all other storage rights are refilled. While this may be 

 viewed as a disincentive for downstream releases, the rule 

 encourages carryover of storage into subsequent years to protect 

 against storage shortages for the lands intended to be irrigated 

 by the storage projects. It is also necessary to protect the 

 water right priorities of the several reservoirs. 



The last to fill rule imposes an additional risk on the 

 irrigator that the storage he releases out of the project 

 boundaries will not refill the next year. BPA can rent water by 

 compensating the irrigator for the risks of releasing water 

 outside the boundaries of the project. 



Mr. Hardy alleges that uncertainty about water supply and 

 political environment may preclude delivery of water. He fails 

 to acknowledge that BPA resisted renting water at a higher price 

 to compensate an irrigator for the risks he incurs when renting 

 water below Milner Dam. 



The last to fill rule was followed long before BPA sought to 

 lease water. While Mr. Hardy views the procedure as 

 "convoluted, " without the last to fill rule, rental of 

 substantial water by a few irrigators outside the project 

 boundaries will result in water shortages which would be shared 

 by all the users within the project boundaries. 



Mr. Hardy concludes that extensive conservation of water 

 will increase flows. The state of Idaho believes in conserving 

 water, if it can be shown that consei-vation of water will improve 

 the total hydrologic health of the basin. In some cases, 

 conservation of irrigation water may actually deplete flows 



