Idaho Claims Breach of Snake River Agreement by U.S. Government and Tribe

Idaho Attorney General Raul Labrador has notified U.S. Attorney General Merrick Garland and Nez Perce Tribal Chairman Shannon Wheeler that the State of Idaho considers the U.S. Government and the Nez Perce tribe in breach of the 2004 Nez Perce Water Rights Settlement Agreement and the 2004 Snake River Water Rights Agreement.

Idaho claims that the agreement was breached by both parties by their claims that water quality and quantity limitations in the Snake River Basin and its tributaries impair the habitat of, and therefore harm, anadromous fish species. These assertions are made in a number of official documents published by the Biden administration as part of the “Columbia Basin Restoration Initiative.”

Idaho has requested a formal meeting with the parties to resolve the dispute and asked for a response no later than April 5, 2024. If the parties refuse to meet, Idaho has informed them that they will then seek the appointment of a mediator by the SRBA court.