CANDICE M. MCHUGH

Candice combines down-to-earth principles she learned from being raised in a rural farming community with an in-depth knowledge of water and administrative law to represent the interests of water users and irrigated agriculture in water rights administrative and litigation matters.   Candice is a founding owner of McHugh Bromley, PLLC, a law firm focusing on water and administrative law.

Candice brings her enthusiasm, high energy and ability to manage multiple complex litigation matters along with her breadth of knowledge of Idaho’s water law to defend waters users against curtailment.  For six years, Candice was co-counsel representing groundwater users on Idaho’s Eastern Snake Plain in four of Idaho’s significant conjunctive management delivery call cases. She has continued this work by representing multiple cities throughout the state of Idaho in conjunctive management delivery cases and securing settlements to protect her clients’ water rights.

In addition to litigation, Candice assists clients in identifying solutions to resolve ongoing issues, presents testimony before the Idaho Legislature and the Idaho Water Resource Board and works closely with engineers and hydro-geologists to formulate pro-active mitigation options and solutions.  Her counsel to clients has resulted in the administrative approval of various mitigation plans that can be used and adapted to ongoing or future delivery calls in order to reduce or eliminate curtailment of irrigated lands. 

Candice also has experience representing individuals and home owner’s groups in water law related matters before the Idaho Department of Water Resources, the Idaho’s Adjudication Court and in appeals to the District Courts of Idaho and the Idaho Supreme Court.

Prior to entering private practice, Candice was an Idaho Deputy Attorney General representing the Idaho Department of Water Resources for nearly seven years.  During her tenure as a Deputy Attorney General, Candice met with hundreds of water right users throughout the state of Idaho and analyzed hundreds of water rights in an effort to assist the Idaho Department of Water Resources to accurately report the water rights to the SRBA District Court and facilitate negotiations and settlements between parties.

Candice currently lives in Ferdinand, Idaho, her hometown with her husband.

Representative Cases

  • Water Rights Adjudication

    • Representing the City of Coeur d’Alene and private parties in the Coeur d’Alene Spokane River Basin Adjudication as to the City’s water rights and protection of Coeur d’Alene Lake including negotiations with the State of Idaho Tribal and Federal claims in the region.

    • Representing the City of Moscow and private parties in the Palouse River Basin Adjudication as to the City’s water rights and private party’s rights to ground water and surface/spring water including negotiations with the State of Idaho and Tribal and Federal claims in the region.

  • Ground Water Management and Moratorium Cases

    • 2022 Big Wood River Moratorium defending rights of cities and municipal providers

    • 2022 Easter Snake Plain Aquifer Moratorium defending rights of cities and municipal providers

    • 2021 Basin 37 - Big Wood River and Silver Creek Administrative Curtailment proceeding defending rights of cities and municipal providers against curtailment

  • Significant Settlements

    • 2021 - Big Wood River Ground Water Management Area stipulated Ground Water Management Area Plan

    • 2019 Cities settlement agreement with Surface Water Coalition and Idaho Ground Water Appropriators, Inc.

  • Delivery Call Cases

    • 2023 IDWR Revised Methodology Order for Surface Water Coalition delivery call defending rights of cities and their junior groundwater rights

    • 2015 and 2017 Big Wood River Delivery Call defending cities’ water rights

    • 2013 Rangen Fish Hatchery, Inc., defending the use of the Eastern Snake Plain Aquifer by groundwater irrigators against curtailment.

    • 2010 A&B Irrigation District, supporting IDWR’s finding of no injury to protect 100,000+ groundwater irrigated acres against curtailment.

      • 2013 successfully helped defend IDWR’s finding of no injury on appeal to the Idaho Supreme Court.

    • 2009 Surface Water Coalition delivery call, defending 100,000+ groundwater irrigated acres against curtailment.

    • 2007 Clear Springs Foods and Blue Lakes’ Trout delivery call, defending 70,000 groundwater irrigation acres against curtailment.

  • Mitigation Plan Cases

    • 2011 Approval of the Over-The-Rim mitigation plan for Clear Springs Foods, protecting70,000 groundwater irrigated acres against curtailment.

    • 2010 Approval of direct delivery mitigation plan for Blue Lakes Trout Farm protecting 70,000 groundwater irrigated acres against curtailment.

    • 2010 Approval of a storage water mitigation plan for the Surface Water Coalition which forestalled curtailment of over 70,000 groundwater irrigated acres against curtailment.

      •  2011 successfully defended approval on appeal before District Court.

    • 2010 Approval of a recharge, voluntary dry-up and conversions mitigation plan in order to respond to future delivery calls and reduce or forestall curtailment.

      • 2011 successfully defended approval on appeal before District Court.

Education

  • University of Denver College of Law, Denver, Colorado (2001)

    • Juris Doctorate

    • Order of St. Ives, highest honors

  • Gonzaga University, Spokane, Washington (1994)

    • Bachelor of Arts, Political Science and Economics

Areas of Practice

  • Water Law

  • Administrative Law

Bar Admissions

  • Idaho (1999)

  • United States District Court, District of Idaho (1999)

  • Colorado (1998) (inactive)

  • Arizona (2017) (inactive)

Professional Memberships and Activities

  • Idaho State Bar, Water Law Section – Chairman

    • Coordinator for Through the Waters, An Oral History of the Snake River Basin Adjudication (2014)

  • Idaho Women's Lawyers -- Member

  • Idaho State Bar, Environment and Natural Resources Section -- Member

Classes and Seminars Taught

  • HalfMoon Education, Inc., Idaho Law and Water Law: Ownership and Access (2023, Webinar)

  • Idaho Water Law Section, A Deep Look into Idaho’s Domestic Well Exemption - facilitator and coordinator (2019, Boise, ID)

  • Association of Idaho Cities, How Can Cities Help do their Part in Recharging Local Aquifers (Boise, 2022)

  • Idaho Bar Association 2016 Annual Meeting, What Happened in the SRBA? Water Rights Basics and Post Adjudication Considerations (2016, Boise, ID)

  • Association of Idaho Cities, Mitigating for Municipal Water Use (2016, Boise ID)

  • Association of Idaho Cities, Municipal Water Hot Topics (2016, Boise ID)

  • idaho Water Users Association, Recharge Challenges; Stakeholder Perspectives (2015, Sun Valley ID)

  • Association of Idaho Cities, Annual Conference; Municipal Water Curtailment (2015, Boise ID)

  • Law Seminars International, Ground Water/Surface Water Interconnection and Conjunctive Management (2014, Coeur d'Alene ID)

  • Association of Idaho Cities, Annual Conference; Priority Date Matters! (2014, Boise ID)

  • Association of Idaho Cities; Northern Idaho Adjudication Workshop (2014, Post Falls ID)

  • NBI Seminars, Idaho Water Law: Special Considerations for Ground Water (2013, Boise ID)

  • Law Seminars International, Tackling Big-Picture Water Issues During a Period of Tight Budgets: What Can We Expect in the Next Fiscal Year, Obtaining Pre-approval of Mitigation Plans (2012, Boise ID)

  • Association of Idaho Cities Annual Conference, Water Delivery Calls Implications for Idaho Cities (2009, Boise ID)

  • Idaho Water Users Association Conference, Is it Time to Rein in the Domestic Exemption? (2008, Boise, ID)

Publications

Awards and Recognition

  • 2008 and 2012 Mountain States Rising Stars, Mountain States Super Lawyers