204957 NOTICE OF JERRY D. BINGHAM AND VALERIE H. BINGHAM'S FIFTH MITIGATION AND CURTAILMENT PLAN FOR 2026 SUBMITTED IN RESPONSE TO THE SURFACE WATER COALITION WATER DELIVERY CALL Notice is hereby given that on May 28, 2026, Jerry D. Bingham and Valerie H. Bingham (the "Binghams"), through their counsel Reed W. Larsen, PO Box 4229, Pocatello, ID 83205-4229, submitted Binghams' Fifth Mitigation and Curtailment Plan ("Mitigation Plan") to the Idaho Department of Water Resources ("Department"). The Binghams intend for their Mitigation Plan to mitigate the impacts of their junior priority ground water pumping on the Snake River as part of the Surface Water Coalition ("SWC") Water Delivery Call during the 2026 irrigation seasons. Mitigation Plan, at 1. The SWC Delivery Call is administered by the Department and watermasters of state water districts who administer ground water rights within the Eastern Snake Plain Aquifer ("ESPA"). The SWC consists of irrigation water delivery entities with senior surface water rights diverted from the Snake River above Milner Dam. In their Mitigation Plan, the Binghams propose reducing their ground water pumping by 41% during the 2026 irrigation season. Mitigation Plan, at 2. The Binghams propose achieving this reduction by curtailing three of their six water rights, Water Right No.'s 35-12226, 35-2266, and 36-2269G, for the entirety of the 2026 irrigation season. Id. Additionally, the Binghams propose limiting pumping under their remaining three water rights, Water Right No.'s 35-2202B, 35-2202E, and 35-2183D, to 1.7 acre-feet-per-acre, 1.7 acre-feet-per-acre, and 1.72 acre-feet-per-acre respectively, for the 2026 irrigation season. Id. The Department will process the Mitigation Plan under the Department's CM Rules (IDAPA 37.03.11). A complete copy of the Mitigation Plan is available for review at the following website link: https://idwr.idaho.gov/mitigation-actions/swc-binghams-2026/. This notice does not represent analysis or approval of the proposed plan by the Department. Any party desiring to protest the approval of the Mitigation Plan must file their protest with the Department, together with a protest fee of $25, on or before 6/29/2026. Rule 53 of the Department's Rules of Procedure (IDAPA 37.01.01.053) outlines how documents may be filed with the Department and when they are considered filed. A copy of the Rules of Procedure may be obtained at the following website link: https://adminrules.idaho.gov/rules/current/37/370101.pdf. The protest must include a certificate of service showing that a copy of the protest has been mailed or delivered personally to counsel for the Binghams. Mathew Weaver, Director Published in the Idaho Statesman, Mountain Home News, Idaho Mountain Express, Post Register, & Idaho State Journal on 6/10/2026 and 6/17/2026; in the Times News & Lewiston Tribune on 6/11/2026 and 6/18/2026; and in the Rexburg Standard Journal on 6/12/2026 and 6/19/2026.