Idaho
Idaho-U.S. water rights fight gets district court hearing
A district court judge in Boise is set to hear a case on Tuesday morning regarding the question of whether federal land agencies can retain water rights on public land in Idaho for livestock to drink, even if the agencies don’t own the cattle.
The case stems from a 30-year process of sorting out water rights in the Snake River Basin, which ended in 2014.
During this adjudication, some ranchers contested the ability of the Bureau of Land Management and the Forest Service to hold water rights for cattle, known as stockwater rights. Because the agencies didn’t own the animals, the ranchers argued, they weren’t the ones putting the water to a “beneficial use,” a requirement under state water law.
In 2007, a state supreme court case ruled in favor of ranchers at Joyce Livestock Co. in Owyhee County who had sued over this issue. Over the following years, through several legislative measures and Department of Water Resources orders, Idaho began pressuring the federal agencies to give up some of these stockwater rights.
Two years ago, the U.S. The Department of Justice sued in protest, arguing that the new Idaho laws couldn’t be lawfully enforced against the U.S. because they violated the Supremacy Clause of the Constitution and federal sovereign immunity.
It also argued Idaho was discriminating against the federal government by targeting the roughly 25,000 instream stockwater rights on federal grazing allotments and not those on private or state lands.
Marie Callaway Kellner, a professor at the University of Idaho College of Law, said the government also feared broader implications, like its ability to manage for multiple uses on federal lands.
“There’s a sense,” she said, “that if it loses the ability to manage how the water is used, it will lose the ability to manage how grazing happens on these lands.”
Clive Strong, who was the Office of the Idaho Attorney General’s lead attorney during the Snake River Basin Adjudication, said, on the other hand, if it’s determined that the U.S. has a broad exemption from state water law, that could affect Idaho’s ability to fully regulate water rights under its rules like “first in time, first in right,” and the requirement to put water to beneficial use.
“This case is important,” Strong said, “because it is testing the boundaries of that deference to state water law.”
The state also replied that the dispute had already been argued before the Supreme Court in the Joyce Livestock case.
The Idaho Legislature, the Idaho Farm Bureau Federation and ranchers including Joyce Livestock Co. joined in to intervene in the case.
The court is considering motions for summary judgment from both sides.
Find reporter Rachel Cohen on Twitter @racheld_cohen
Copyright 2023 Boise State Public Radio
Idaho
Idaho state troopers identify Billings man missing in traffic accident
The Idaho State Police say that Robert Giesick, 40, from Billings is the man missing in a crash on State Highway 55 near Cascade, about 80 miles north of Boise.
A pick-up truck driven by Giesick ended up in the Payette River after a head-on crash with another pick-up truck.
Watch Idaho crash story here:
Idaho state troopers identify Billings man missing in traffic accident
“I was able to find some people that saw a male, an adult man, swimming for the shore from the truck,” said Idaho State Trooper Richard Knapp, who attempted to rescue Giesick. “Unfortunately he didn’t make it. He got swept downriver. Witnesses lost sight of him, and that was the last time anybody saw him.”
Knapp says search crews looked extensively for the 40-year-old, but after 24 hours, it became a recovery effort for the Idaho Mountain Search and Rescue Unit.
After that on Monday came the monumental task of removing the pickup truck from the raging water.
“It was an intensive a recovery, honestly, our operators were tested, their knowledge was tested,” said Mark Boisvert, Code Red Towing owner. “They said it was a very extreme recovery for them, more than usual.”
Idaho
Boise lawyers give advice on how to comply with new bathroom bill
Idaho business owners have less than a month to decide how to comply with a new state law criminally banning trans people from using restrooms that align with their gender identity.
The law is set to take effect July 1, which would make it a misdemeanor for the first offense and a felony for subsequent offenses within five years.
It’s currently being challenged in federal court by the ACLU of Idaho.
On Tuesday, a panel sponsored by Idaho Employment Lawyers encouraged companies to prepare now as if the law will remain in effect as litigation continues.
Cody Earl, a lawyer for St. Luke’s Health System who spoke on the panel in his personal capacity, said there are several paths businesses can take.
Converting all bathrooms into single-use, gender-neutral facilities is one option, though it could be costly for larger businesses. Earl said companies could take other steps to make the transition more affordable.
“Even if it is a gender-specific restroom, [adding signage] that indicates where the closest gender-neutral restroom is so you could at least show that you’re giving employees an option or a choice,” he said.
Simply adding locks and only allowing one person at a time to a multi-stall bathroom is another choice, though panelists said that could be problematic for businesses with large amounts of customers, like restaurants and bars.
Idaho Employment Lawyers owner Pam Howland said companies also need to consider how this will affect their staff.
“This could definitely create some culture issues,” said Howland. “Do you have the policies you need to ensure your expectations as an employer of respect and civility are being followed? Possibly code of conduct provisions related to that? How about privacy?”
Those policies could include limiting or outright banning recording at the workplace.
Another legal wrinkle to complying with the law, the panel said, is that precedent in both the U.S. Supreme Court and 9th Circuit Court of Appeals prohibit discrimination based on someone’s gender identity.
Gender dysphoria, a mental health designation that causes severe distress to someone when their sex doesn’t align with their gender identity, has been considered a protected condition under the Americans with Disabilities Act in certain cases.
Republican state lawmakers argued earlier this year that Idaho needs to take this first-in-the-nation step to protect women and girls when they use the restroom in private businesses.
A 2025 study out of UCLA hasn’t found any increased risk to safety by allowing transgender people to use restrooms aligning with their gender identity.
A federal court in Boise will hear arguments over whether to approve or reject a preliminary injunction on June 5.
Copyright 2026 Boise State Public Radio
Idaho
Idaho Remains Red, White, and Blue for America 250
Remember that 250 years ago, nobody had ever heard of Idaho, and the name was mostly made up by an entrepreneur who impressed the federal government with an exaggeration about his knowledge of indigenous culture. But a large number of people who live in the state can trace ancestry to the colonial era, and I believe most Americans still have a love of country, even if some polls give an indication they may not quite know how to express it.
I Was at the Heart of the Bicentennial
Looking back 50 years, I was in Washington, D.C. at the beginning of July. Washington also didn’t exist in 1776. My memory is that its reputation as a hot, sticky swamp was well earned. I traveled there with a history club from school. On a rattling old yellow bus. The city was packed, and many of the people on the streets were foreign tourists. It told me that despite the anti-Americanism common on streets elsewhere around the world, we were still fascinating others.
We’re Still One Nation
1976 was a unifying experience and followed a very turbulent previous 15 years. Some people fear the 250th jubilee won’t bring us together. Look, those rent-a-mobs you see on TV and online are actually a small fraction of America. Picnics in the park don’t make news. Riots and tear gas get the attention of newsrooms. There are still far more picnics.
The recent Memorial Day commemorations were reverential. Independence Day 2026 is going to be a party. The media focus will be on President Trump and a festival far away. Meanwhile, across Idaho, grills will be fired up, and we’ll be proud to be Americans.
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