Capitol Reflections: 2025 Session, Issue 12

By: Idaho Farm Bureau Governmental Affairs

“No man's life, liberty, or property are safe while the legislature is in session.” -Mark Twain

Capitol Minute

To help our members be fully informed about the issues going on during the legislative session, there will be a short video each week in which our Governmental Affairs team highlights what is discussed in length in the Capitol Reflections Newsletter. We strongly encourage members to continue reading the newsletter to get the most information, but this video will help when you want a quick synopsis or to learn about the issues on the go.

Joint Memorial Calls for Transfer of Permitting Process

SJM104, sponsored by Senator Van Burtenshaw (R-Terreton) and Rep. Jerald Raymond (R-Menan), passed both chambers this week. The general goal is to improve land and water management while protecting Idaho's water rights and agricultural interests.

For far too long, federal bureaucratic red tape has hindered economic vitality, especially in agriculture. This is evidenced by the U.S. Fish and Wildlife Service’s permitting requirements for cleaning Camas Creek in eastern Idaho. The hydraulic connection between the Camas National Wildlife Refuge and the Mud Lake Wildlife Management Area, facilitated by Camas Creek, is needed for aquifer recharge and maintaining existing water rights for eastern Idaho’s agricultural operations.

However, the current federal permitting process for cleaning the creek is slow and cumbersome, leading to harm for water right holders and delays in water delivery. Producers have waited years for permits, meanwhile access to the water is restricted and willows and other vegetation suck up the water. SJM104 calls for transferring management of the Camas National Wildlife Refuge and its permitting process for cleaning the creek to the state, ensuring timely and effective water resource management and habitat restoration without the bureaucratic obstacles imposed by federal oversight.

IFBF Policy 42.1 states, “We support state ownership and control of Idaho water held in trust for the residents of the State of Idaho, and will oppose any policy, program, or regulation, which would infringe on this right.” IFBF Supports SJM104.

Water Infrastructure Funding Bill Advances

This week, Farm Bureau was happy to see that the House of Representatives passed H445, a budget bill addressing water infrastructure funding needs throughout the state. Idaho’s water resources are vital to the state’s economy, agriculture, and communities, but challenges vary significantly across different regions. Managing these resources effectively requires a proactive and strategic approach, and H445 aims to do just that by allocating $30 million in ongoing funding for critical water infrastructure projects.

The funding, administered through the Idaho Water Resource Board’s Water Management Account, will support projects such as:

• Aquifer recharge – Replenishing underground water supplies.
• Groundwater management – Implementing strategies to sustain groundwater levels.
• Water storage and conveyance improvements – Upgrading reservoirs and canal systems.
• Water supply and delivery enhancements – Ensuring reliable access for communities and industries.
• Emergency water infrastructure repairs – Addressing urgent repairs due to natural disasters or system failures.

The bill specifies that in its first year the entire $30 million will be directed toward addressing the challenges on the Eastern Snake Plain Aquifer both in eastern Idaho and the Magic Valley. In subsequent years, funding distribution will be capped at 50% per water board district, ensuring equitable support across the state—unless no competing applications exist in other districts.

H445 aligns with Governor Brad Little’s ongoing $30 million budget request for water investment, reinforcing the state’s long-term commitment to managing and maintaining Idaho’s water resources. Proper investment in water infrastructure promotes economic growth, agricultural productivity, and sustainable water access for future generations.

Idaho Farm Bureau Federation (IFBF) policy strongly supports H445, recognizing state investment in water as an essential role of government. Each year, the IFBF Water Committee spends time visiting different basins in the state to learn more about the needs and challenges relating to water. The committee has visited many water projects that need further investment, and some of these projects are in the process of developing plans to initiate work. H445 provides a pathway to ensure these projects move forward, benefiting all Idahoans.

With a growing list of eligible water projects, H445 ensures that Idaho continues to proactively manage its water resources while addressing urgent infrastructure needs. IFBF appreciates the favorable consideration of the House of Representatives and now encourages the Senate to support this critical legislation to secure Idaho’s water future.

IFBF supports H445.

Protecting Idaho Sovereignty

Although Congress has repeatedly declared that states are sovereign over water rights within their state, federal agencies have continued to assert jurisdiction or seek special privileges in states that are not constantly vigilant and don’t vigorously defend their rights. 

H148 would provide a process for Idaho citizens involved in legal proceedings brought by the federal government concerning grazing and/or water rights to request state assistance. Such assistance could include the state representing the citizens, the state intervening in the case, or resources from the Constitutional Defense Fund to offset attorney fees.

To participate, a citizen would apply to the Constitutional Defense Council indicating “why state assistance would be appropriate and what the interest of the state would be; a synopsis of the nature of the case and the procedural timeline, or court’s decision;” and other information that the council may require.

Under H148, the council is required to consider “the societal importance of the vindicated right; the necessity for private enforcement and accompanying burden on the petitioner; whether a significant amount of Idaho citizens stand to benefit from the court decision; whether the public interest would be served by state assistance or participation;” and whether state resources are available to assist.

H148 seeks to help level the playing field for Idaho citizens who are defending themselves against the virtually unlimited resources of the federal government. It also provides a mechanism to help inform the Idaho Attorney General about federal lawsuits against Idaho citizens that may implicate sovereignty issues.

H148 is awaiting action by the full Senate. H148 was sponsored by Rep Chris Bruce (R-Kuna) and Senator Todd Lakey (R-Nampa). IFBF policy #156.7 supports this concept. IFBF supports H148.

Agricultural Protection Area Bill Passes

This week, the House of Representatives advanced S1133a regarding Agricultural Protection Areas (APAs). The bill now will be sent to the Governor for his signature.

As reported in past articles, S1133a improves the APA application and approval process at the county level, ensuring greater clarity and efficiency. Developed in collaboration with the Idaho Association of Counties, the bill aligns with the needs of local elected officials responsible for APA oversight. The updates include clarifying that APAs do not alter county comprehensive plans or zoning classifications and establishing a dedicated APA map to aid county planning efforts.

The Legislature has recognized the need to provide more options for property owners to protect their agricultural lands. S1133a is a simple cleanup bill to further efforts that were started last year.

Idaho Farm Bureau Federation (IFBF) Policy #143 supports voluntary agreements and incentive-based programs to safeguard agricultural land. S1133a strengthens the APA program by providing clearer guidelines for both landowners and local governments.

IFBF expresses our appreciation to the stakeholders who helped in the drafting of the legislation, and we thank the legislature for their favorable consideration of the bill.

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Resources Available to Follow During Session:

Legislative Website Homepage: HERE

2025 Legislative Session Bill Center: HERE

List of Senate Committee Assignments: HERE

List of House Committee Assignments: HERE

Current Senate Committee Agendas: HERE

Current House Committee Agendas: HERE

Watch Committee Meetings and Floor Sessions Live: HERE

Governor’s Bill Action and Legislative Communications: HERE