WOLVES: ADVISORY GROUP PONDERS MISSION, DECISION-MAKING  FRIDAY, DECEMBER 18, 2015 VOLUME 88, NUMBER 51 WWW.CAPITALPRESS.COM As Congress dithers, parties become resigned to KBRA’s demise By TIM HEARDEN Capital Press KLAMATH FALLS, Ore. — While Congress dithers over the Klamath Basin’s water agreements, the parties to the nearly 6-year-old deals are be- coming resigned to their likely collapse at the year’s end. A panel of federal and state offi cials, tribal members, environmentalists and other participants in the 2010 ac- cords has set a conference call for Dec. 28 to discuss termi- nation of the Klamath Basin Restoration Agreement — an ominous date for the deals’ proponents and a light at the end of a long tunnel for their detractors. Pacifi Corp, whose plan to remove its four hydroelectric dams from the Klamath Riv- er sparked much of the con- troversy, is now resuming its effort to relicense the dams, company spokesman Bob Gravely said. With the Karuk Tribe — a key water right holder on the Klamath River — already having walked away from the pacts and the Klamath Tribes signaling their intention to do so, some of the irrigation districts that had signed on are also ready to walk away, said Greg Addington, the Klamath Water Users Association’s ex- ecutive director. The result could be what many growers and others in the basin have been dreading — a return to drastic irriga- tion shutoffs and cutbacks and protracted court battles over water rights. “Our members have made it clear,” said tribal chairman Don Gentry, whose Klamath Tribes have the most senior of water rights in the Upper Klamath Basin. “We’ve been honoring the KBRA since 2010. It’s been fi ve years, and our native fi sheries and Lost River and shortnose suckers are in worse condition now than when we signed the agreements. “We agreed to provide wa- ter at certain levels with the idea that legislation would move forward,” he said. Turn to KBRA, Page 12 TROUBLED WATERS Washington dairies face challenges over manure-handling practices By DON JENKINS Capital Press F ERNDALE, Wash. — Whatcom County dairyman Rich Appel credits his three manure lagoons with keep- ing the area’s water clean. “They are absolute lifesavers to the environment,” said Appel, who farms near the Canadian border in northwest- ern Washington. “They’re just winners. Lagoons are great.” Dairy farmers around the state say much the same thing about lagoons. And they aren’t the only ones. Lagoons are the government-sanctioned way to store manure and keep livestock waste from fouling streams and aquifers. That’s why dairy farmers have re- acted with shock and disbelief at the idea voiced by critics and regulators that lagoons are under-regulated envi- ronmental time bombs, seeping pollut- ants into groundwater. The critics’ case was bolstered in January, when a federal judge, after sifting through stacks of studies and confl icting expert opinions, concluded in a landmark Yakima County lawsuit that the Cow Palace Dairy’s 9 acres of lagoons may be the source of excess nitrates found in the groundwater. Turn to DAIRY, Page 12 Page 11 Don Jenkins/Capital Press Whatcom County, Wash., dairyman Rich Appel calls his manure lagoons “lifesavers” for the environment. Manure lagoons are coming more scrutiny by the Washington Department of Ecology and environmental groups. INSIDE Supreme Court to resolve Clean Water Page 3 Act confusion Klamath Basin restoration project area Klamath Basin watershed Dams slated for removal $2.00 La Pine 58 97 N 138 25 miles CRATER LAKE NATIONAL PARK OREGON 97 5 Upper Klamath Lake Klamath Co. 140 Klamath Falls Crescent City 139 John C. Boyle Dam REDWOOD NATIONAL PARK Iron Gate Dam Copco dams 1 and 2 101 CALIFORNIA 89 Pacific Ocean Area in detail Eureka Sources: U.S. Fish and Wildlife Service; www.klamathrestoration.org Alan Kenaga/Capital Press 299 5 APHIS adopts permit requirement for GE wheat trials By ERIC MORTENSON Capital Press Crop trials of genetically engineered wheat will re- quire a permit under a strict- er testing regimen adopted by USDA’s Animal and Plant Health Inspection Service. Reacting to discoveries of unauthorized GE wheat in Oregon in 2013 and in Montana in 2014 that threat- ened international markets, APHIS said the permit process will allow more site-specific control over field tests. Previously, vari- ety developers were required only to notify APHIS of tri- als. APHIS announced last fall it was considering a per- mit requirement and invited public comment. The agen- cy’s decision came this past week. Pacific Northwest grow- ers generally agree the APHIS decision is a reason- able response given the GE wheat scare in Eastern Ore- gon two years ago, but pro- ducers also are concerned about increased regulation and cost associated with per- mits, said Blake Rowe, CEO of the Oregon Wheat Com- mission. In a news release, APHIS said the “difference between authorizing field trials with permits as opposed to notifi- cations is small, but import- ant.” With permits, APHIS can apply site-specific require- ments based on science, risk, local farming practices and the “agro-ecology” of individual fields, the agen- cy said. The permit struc- ture will allow APHIS to set conditions that minimize the chance GE wheat will spread or persist in the environ- ment, according to APHIS. The agency said wheat is capable of extended dor- mancy. In dryland farming Capital Press File The federal government will now require permits for trials of genetically engineered wheat. Previously, developers were required only to notify the gov- ernment of such fi eld trials. regions such as Eastern Or- egon and Eastern Washing- ton, where there’s little rain, commonly no irrigation and where no-till practices pre- vail, wheat seeds can sur- vive in the soil more than two years. “It can take longer than two years to assure you’ll not have volunteer wheat come up on a trial site when the trial is finished,” Rowe said. “I don’t dispute that’s prob- ably accurate. The length of time it can persist and come up as a volunteer is probably at the heart of it.” APHIS said the permit requirement will strengthen U.S. wheat exports. It can help prevent “possible unin- tended mixing” with non-GE wheat that can damage trade. Carol Mallory-Smith, an Oregon State University weed scientist, agreed the APHIS decision is a rea- sonable response, given the market concerns. About 90 percent of the soft white wheat grown in Oregon and Washington and about 50 percent of Idaho’s production are exported to Asia, where it is milled into fl our for cakes, crackers and noodles. Turn to WHEAT, Page 12 Lack of FAA rules slowing drone technology Page 13 Heifer drive beefs up scholarship Page 10 51-4/#5