DISSENTING.
In Smith v. Idaho Commission on Redistricting, 136 Idaho 542, 546, 38 P.3d 121, 125 (2001), we held that the redistricting plan proposed at that time by the Commission, L66, “violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution because the population of its districts varies more than 10% constituting a prima facie case of discrimination and the State has offered no evidence of legitimate reasons for the deviation.” The key to this determination was the lack of any explanation by the Commission that set forth a rational basis for the population variance in the proposed redistricting plan.
Following the decision in Smith, the Commission reconvened and thereafter proposed a new plan, L91. The petitioners have now challenged that plan, arguing that it too violates the equal protection provision of the United States Constitution, as well as Article III, § 5 of the Idaho Constitution and pertinent statutory provisions. A majority of this Court agrees with those challenges. I disagree.
The Commission, in my opinion, corrected the deficiency found by this Court in Smith, and did not create another plan subject to constitutional or statutory imperfections.
The rationale for the new plan was expressed by the Commission in its findings and conclusions as follows:
The United States Constitution has been interpreted by the United States Supreme Court to require that legislative districts be formed after each census with substantially equal population to satisfy the one person/one vote requirement. State legislative redistricting plans of less than 10% deviation between the most populous and least populous districts are presumed to satisfy the federal constitutional requirement. Mahan v. Howell, 410 U.S. 315, 93 S.Ct. 979, 35 L.Ed.2d 320 (1973). Redistricting plans with greater than 10% population deviation can be justified only if such additional deviation is required to further a “rational state policy.” Id. at 328-329, 93 S.Ct. at 986-87, 35 L.Ed.2d at 332. In Mahan the United States Supreme Court upheld a legislative redistricting plan with a 16.4% deviation because it furthered the state “policy of maintaining the integrity of political subdivisions.” 410 U.S. at 319, 329, 93 S.Ct. at 982-83, 987, 35 L.Ed.2d at 327, 333.
With this premise stated, the Commission next reviewed the provisions of Article III, § 5 of the Idaho Constitution and the statutory provisions set forth in Idaho Code § 72-1506 relating to the creation of a redistricting plan. The Commission stated:
The Commission believes that the Idaho Constitution’s provisions regarding the division of counties in the formation of legislative districts constitutes a rational state “policy of maintaining the integrity of political subdivisions” within the meaning of Mahan that justifies a deviation between districts of up to 16.4%. The deviation in the redistricting plan adopted by the Commission is justified by this rational state policy of maintaining the integrity of coun*879ty boundaries contained in Art. Ill § 5 of the Idaho Constitution.
....
Some members of the Commission believe that Article III § 5 of the Idaho Constitution prohibits the division of counties unless absolutely necessary to satisfy the one person/one vote requirement of the United States Constitution. Additionally they believe that the Idaho Constitution requires that the maximum number of districts be wholly created within any county whose population supports them, e.g.s, a county could not be divided at all if its population equaled two ideal districts, or if its population equaled two ideal districts plus 8,000 persons, the county must have two self contained districts with only this surplus being subject to division. Other members of the Commission believe that the Idaho Constitutional provisions are to be read together with the statutory provisions of Idaho Code § 72-1506 in a way that respects as may be reasonably possible the limitations on division of counties while at the same time honoring the principle of one person one vote, and to the maximum extent possible, endeavoring to preserve traditional neighborhoods and local communities of interest and to avoid odd shapes. Plan L91, the redistricting plan adopted by the Commission, is justified by this latter view of the constitutional and statutory requirements.
The Commission considered the unique physical features of our State that bore upon the daunting task of creating legislative district that would pass constitutional and statutory muster. The Commission wrote:
There are several physical factors which complicate redistricting in Idaho. The unique shape of the state limits the combinations of contiguous counties that can be combined to create legislative district. The geography of Idaho (wilderness areas, mountain ranges, deserts and rivers) in some cases limit the ideal combination of certain counties in the creation of legislative districts. The low population density of many counties limits the ideal combination of certain counties in the creation of legislative districts. The fact that most of the external boundaries of Idaho (with the exception of certain areas on the western border) run through very sparsely populated areas limits the ideal combination of counties in the creation of legislative districts. For redistricting purposes, Idaho is the exact opposite of the rectangular shaped state whose population is evenly distributed over flat farmland. The federal one person/one vote requirement, the Idaho Constitution’s limitation on the number of districts, the Idaho Constitution’s limitation on the division of counties in the formation of legislative districts, and these unique physical features necessarily result in the creation of a few legislative districts that are not ideal under any redistricting plan.
After concluding that a plan containing thirty-five legislative districts, as permitted by Art. Ill § 2 of the Idaho Constitution, would be the most reasonable, the Commission next addressed the division of counties in order to arrive at the best plan. The Commission reported:
In a thirty-five district plan two counties have such populations that they can constitute single districts by themselves without combination with any other county or portion of another county. They are Latah and Nez Perce Counties. Three counties could be divided into districts wholly within that county that meet the one person/one vote requirement without having to combine any portion of that county with any other county or portion of another county. They are Ada (8 districts), Bannock (2 districts) and Kootenai (3 districts). Four counties are of such population that one or more districts can be created solely within the county, but a portion of the county must be combined with other counties to meet the one person/one vote requirements. They are Bingham (1 whole, 1 partial), Bonneville (2 whole, 1 partial), Canyon (3 whole, 1 partial), and Twin Falls (1 whole, 1 partial). The remaining thirty-five counties are so sparsely populated that they must be combined with other counties to create districts of sufficient population to comply with the federal constitutional requirement of one person/one vote. One of those counties (Bonner) must be divided *880and combined with contiguous counties because one neighboring county (Boundary) is not contiguous to any other county. Boundary County is so small that it cannot constitute a district by itself which satisfies the one person/one vote requirement and when Boundary and Bonner Counties are combined undivided they are too large to constitute a district which complies with the one person/one vote requirement.
The Commission then made specific findings regarding those counties which the Commission determined should be divided in order to arrive at a plan that would comply with the constitutional requirements. With respect to the two counties who filed this action to challenge the plan adopted by the Commission — Bingham and Bannock — the Commission explained:
Bannock County. Bannock County has sufficient population for two districts wholly contained within the county with no remainder to be combined with another county or counties. The approved plan creates one district wholly contained within the county. This is District 20 which is most of Pocatello. Instead of creating a second district from the remaining Bannock County population, as was considered by the Commission, the adopted plan divided that remaining Bannock County population between two other districts. Southern Bannock County was combined in District 28 with Oneida, Franklin, Bear Lake and Caribou Counties to create a more compact district with a greater common community of interest than in many other plans considered by the Commission (Idaho Code § 72-1506(2)). The northern portion of Bannock County not in District 30 was combined with the Fort Hall precinct in Bingham County and with northeastern Power County for the reasons stated in the Power County finding. [In the Power County finding, the Commission concluded that Power County had insufficient population to constitute a single district and it would be in furtherance of the “communities of interest” provision of Idaho Code § 72-1506(2) to combine a portions of Power County with portions of Bingham and Bannock Counties in creating Districts 29 and 30.] This allocation of Bannock County between Districts 28, 29 and 30 creates districts which satisfy the one person/one vote requirement of the United States Constitution. Other plans were not adopted by the Commission because some felt that District 28 in those places, which combined Oneida, Franklin, Bear Lake, Caribou, eastern Bonneville and Teton Counties, violated Idaho Code § 72-1506 because it was too oddly shaped and did not constitute a local community of interest.
The Commission’s determination with regard to Bingham County was also explained. The Commission said:
Bingham County. Bingham County’s population is too great for one self-contained district and too little for two self-contained districts. Therefore, Bingham has to be divided to comply with the United States Constitution. The ideal would be to create one wholly self-contained district in Bingham County and combine the portions of the county with another county or counties in another district. The approved plan does not do this. Rather, Bingham County is divided among three districts, each combining other counties or portions of counties. Most of western Bingham County west of the Snake River is combined with Cassia [County] and a portion of Power County in District 27. These areas have a common agricultural community of interest, although the Bingham County Commissioners made clear in their desire that most of this area be kept with the Blackfoot area. The Commission found no reasonable way to accommodate this request and still comply with the one person/one vote requirement of the United States Constitution. The Fort Hall precinct in southern Bingham County is placed with the other populated portion of the Fort Hall Indian Reservation in northern Bannock County and eastern Power County for the reasons stated in the Power County finding. Blackfoot and the remainder of Bingham is placed in District 31 with those portions of Bonneville [County] which surround Idaho Falls to the west and south. These areas have common agricultural and other communities of inter*881est along with the Interstate 15 corridor between Blackfoot and Idaho Falls.
Having determined which counties should be divided as allowed by the Idaho Constitution, the Commission next explained its decision for the composition of each of the thirty-five districts. The districts containing portions of Bingham and Bannock Counties, which are now complained of by the petitioners, are districts 27, 28, 29, 30 and 31.
With respect to District 27 composed of Cassia County and portions of Power and Bingham Counties, the Commission noted that the portions were contiguous, were necessarily combined to satisfy the one person/one vote requirement although varying from the ideal district population by a minus 5.0%, but combined a community of interest with its population centers near the principal highways, irrigated agricultural and commercial areas.1
As to District 28, composed of Oneida, Franklin, Bear Lake, Caribou Counties and a contiguous portion of Bannock County, the Commission found that this combination provided a population that varied only 0.4% from the ideal district.2 The Commission determined that although it may have been desirable not to divide Bannock County, the proposed configuration
brings together a compact and contiguous collection of counties and a community of interest in matters of services, transportation and commerce while at the same time satisfying the requirements of one person, one vote. This configuration complies with Idaho Code Section 72-1506(2), and enjoyed support from some public officials and some citizens from within the district.
Similarly, with regard to District 29, which is composed of portions of Bannock, Bingham and Power Counties, including the bulk of the Native American population on the Fort Hall Indian Reservation, the Commission determined that the areas were contiguous, were a traditional neighborhood and contained a community of interest in culture and commerce. The Commission found that this combination of counties and communities of interest has a population which varies from the ideal district by 2.7%.3
District 30 is largely composed of the City of Pocatello. The Commission determined that this area had an obvious community of interest, was a traditional neighborhood and had a population variance of 3.2% from the ideal district.4
Finally, with respect to proposed District 31, which combined a portion of Bingham County with southern Bonneville County, the Commission stated that it was a contiguous area, represented a community of interest and traditional neighborhood with population centers located at Blackfoot, Firth, Shelley and a contiguous part of Bonneville County near Idaho Falls. The Commission noted that “[wjith portions of Bingham County having been used to balance the population in Districts 27 and 29, the remaining population, while substantial, still needed a portion of Bonneville County to create a district population which varies from the ideal by 3.9% to satisfy the one person, one vote requirements.” 5
In accomplishing its task, the Commission noted, it endeavored throughout to retain as far as practicable the local voting precinct boundary lines.
*882The United States Supreme Court has concluded that “the Equal Protection Clause requires that a State make an honest and good faith effort to construct districts, in both houses of the legislature, as nearly of equal population as is practicable.” Reynolds v. Sims, 377 U.S. 533, 577, 84 S.Ct. 1362, 1390, 12 L.Ed.2d 506, 536 (1964). “So long as the divergences from a strict population standard are based on legitimate considerations incident to the effectuation of a rational state policy, some deviations from the equal protection principle are constitutionally permissible in either or both of the two houses of a bicameral state legislature.” Id. at 579, 84 S.Ct. at 1391, 12 L.Ed.2d at 537. “[I]t is neither practicable nor desirable to establish rigid mathematical standards for evaluating the constitutional validity of a state legislative apportionment scheme under the Equal Protection Clause. Rather, the proper judicial approach is to ascertain whether, under the particular circumstances existing in the individual State whose legislative apportionment is at issue, there has been a faithful adherence to a plan of population-based representation, with such minor deviations only as may occur in recognizing certain factors that are free from any taint of arbitrariness or discrimination.” Roman v. Sincock, 377 U.S. 695, 84 S.Ct. 1449, 12 L.Ed.2d 620 (1964).
Here, I submit, there was a good faith and honest effort by the Commission to propose a legislative redistricting plan free from the taint of arbitrariness or discrimination. The Commission fully and fairly explained the considerations that went into Plan L91. The Commission articulated a rational basis for its decision. The result is entitled to substantial deference by the courts upon review. Brown v. Thomson, 462 U.S. 835, 847-48, 103 S.Ct. 2690, 2698-99, 77 L.Ed.2d 214, 224-25 (1983).
Furthermore, given the detailed explanations presented by the Commission to support their decision for the acceptance of Plan L91, I do not find the population deviation represented by the plan to be violative either of the constitutions or the statutes. As pointed out in McBride v. Mahoney, 573 F.Supp. 913, 915 n. 6 (D.Mont.1983), apportionment plans where there have been deviations in excess of 10% have been approved in many recent cases, including Brown v. Thomson, supra, (Wyoming House of Representatives, maximum deviation 89%), Mahan v. Howell, 410 U.S. 315, 93 S.Ct. 979, 35 L.Ed.2d 320 (1973) (Virginia House of Representatives, maximum deviation 16.4%); Abate v. Mundt, 403 U.S. 182, 91 S.Ct. 1904, 29 L.Ed.2d 399(1971) (Rockland County, New York, maximum deviation 11.9%); Wold v. Anderson, 335 F.Supp. 952 (D.Mont.1971) (Montana Senate, maximum deviation 10.95%); League of Nebraska Municipalities v. Marsh, 253 F.Supp. 27 (D.Neb.1966) (Nebraska House of Representatives, maximum deviation 19.65); Sims v. Baggett, 247 F.Supp. 96 (M.D.Ala.1965) (Alabama Senate, maximum deviation 25.7%).
I conclude that the challenges raised by the petitioners should be denied and that Plan L91 as submitted by the Commission should be permitted to go into effect.
. The ideal district, based on the total population reported in the 2000 census, would consist of 36,970 people. Under Plan L91, each of the legislators in District 27 would represent 35,132 people, or 1838 less than the ideal district.
. Compared with an ideal district of 36,970, each legislator in District 28 would represent 37,114 people, or 144 more people than the ideal district.
.Compared with an ideal district of 36,970, each legislator in District 29 would represent 37,954 people, or 984 more than the ideal district.
. Compared with the ideal district of 36,970, each legislator in District 30 would represent 38,158 people, or 1188 more than the ideal district.
. Compared with the ideal district of 36,970, each legislator in District 31 would represent 38,411 people, or 1441 more than the ideal district.