Alternative Title

Shoshone-Bannock Tribes of the Fort Hall Indian Reservation Water Rights Settlement Agreement


Shoshone-Bannock Tribes of the Fort Hall Reservation of Idaho


Fort Hall Indian Water Rights Settlement


Fort Hall Indian Reservation




Pacific Northwest Region

Hydrologic Unit Code (HUC)

Pacific Northwest

HUC Refined

Columbia River Basin, Snake River


In re Snake River Basin Adjudication, No. 39576, District Court of the Fifth Judicial District, Twin Falls County, Idaho

Document Type

Settlement agreement


Shoshone-Bannock Tribes of the Fort Hall Indian Reservation

Publication Date



Settlement Agreement: Fort Hall Indian Water Rights Agreement of 1990. Parties: Shoshone Bannock Tribe and US. Agreement settles water rights arising under Second Treaty of Fort Bridger of July 3, 1868 and the Winters doctrine. The agreement recognizes a right to diversions from the Upper Snake River Basin of 581,031 a/f/y. Surface-water rights in Snake River and Sand Creek are 100-115,000 a/f/y depending on irrigation needs with a priority date of June 14, 1867. Due to Sand Creek water- fluctuations, an amount equal to that had in 1989 shall satisfy the right. Groundwater from Ross Fork Creek and Basin may be diverted at 5,000 a/f/y with priority date of June 14, 1867. Groundwater from the Lincoln Creek and Basin may be diverted at 5,700 a/f/y. Surface diversions may be made from Bannock Creek, West Fork Bannock Creeks), Rattlesnake Creek, Portneuf River, Jeff Cabin Creek, Toponce Creek, Mink Creek, Blackfoot River and from Grays Lake. On-reservation groundwater can be diverted at 125,000 a/f/y. Bannock Creek Basin groundwater can be diverted at 23,500 a/f/y. The US holds storage rights in trust equaling 46,931 a/f/y in American Falls Reservoir and 83,900 a/f/y in Palisades Reservoir; Tribes and the DOI Secretary agree to exchange this storage water for that diverted from the Portneuf River according to the Michaud Contract. Tribes may create a Shoshone-Bannock Water Bank, and ID agrees not to interfere with its purposes. Tribes may lease water accruing to the Federal contract storage rights tax-free; they may also use 15,000 a/f/y for instream uses in reaches of the Blackfoot River. Generation of hydropower incidental to water delivery is permitted. The Tribes shall administer all diversions except those coming from the Blackfoot River and Snake River. The parties will prepare a Blackfoot River Water Management Plan. ID will administer the Snake. The US will seek appropriations up to $5 million to acquire up to 9,000 acres of land at Grays Lake for the Fort Hall Indian Irrigation Project. US will seek up to $7 million for a Tribal water management system and $10 million for a Tribal development fund. ID will seek to authorize $250,000 for in-kind services. [Source:]


Settlement Agreement among US, ID & Shoshone-Bannock Tribes: 77-pages.

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