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CapitalPress.com
February 24, 2017
Idaho irrigators back bills fi ghting Oregon fi sh plan
Idaho legislators are reacting to a case involving Oregon’s demands
that Idaho Power Co. take steps to allow endangered steelhead and
salmon passage above the Hells Canyon Complex of dams as a
condition of relicensing of the project.
82
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BOISE — Idaho irrigators
are backing four bills in the
state Legislature challenging
the State of Oregon’s attempt
to reintroduce endangered
fi sh into the Snake River wa-
tershed upstream of the Hells
Canyon Complex of dams.
For decades, the Brown-
lee, Oxbow and Hells Can-
yon dams — which provide
about 30 percent of Idaho
Power Co.’s total energy —
have blocked the migration
of anadromous salmon and
steelhead trout, which once
spawned in the upstream
channel and tributaries.
The original federal li-
cense to operate the complex
expired in 2005. As part of the
ongoing relicensing process,
Oregon issued a draft Clean
Water Act certifi cation re-es-
tablishing the historic migra-
tion, in confl ict with Idaho’s
draft certifi cation.
In late December, the
Federal Energy Regulatory
Commission dismissed Idaho
Power’s petition requesting
that it step in and settle the
dispute between the states.
Four bills, drafted by the
Idaho Water Users Associ-
ation, were introduced Feb.
14 in the House Resources
Fish passage dispute
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Alan Kenaga/Capital Press
and Conservation Commit-
tee concerning Oregon’s
plan. House Joint Memorial
002 would formally express
the Legislature’s opposition
to re-introduction due to the
“drastic impacts on irrigated
agriculture, industry, water
supply and electric gener-
ation.” The joint memorial
concludes Oregon’s plan
would impair Idaho’s sover-
eignty over its water resourc-
es, thereby violating the State
Water Plan.
“(HJM 002) will support
the longstanding position of
the Legislature, as well as
the governor, that there will
be no endangered fi sh above
Hells Canyon. Not only no,
but heck no,” said Rep. Marc
Gibbs, R-Grace, a farmer
who heads the House com-
mittee. “It’s an issue that Or-
egon wants and Idaho pays
for.”
On the same day, the
committee also printed three
bills clarifying Idaho code
on forced reintroduction of
an endangered species by
another state. HB 169 would
broaden a state law requir-
ing the Idaho Legislature’s
blessing before the federal
government or another state
can forcibly introduce a spe-
cies.
HB 170 clarifi es that
Idaho has primacy over its
state waters and prohibits
any species introduction that
could threaten that primacy,
without state consent.
HB 171 grants the Hells
Canyon Complex a special
exemption to an Idaho law
requiring infrastructure for
fi sh passage past dams and
other water obstructions.
Marilyn Fonseca, hydro-
power program coordinator
with the Oregon Department
of Environmental Quality,
said her state has extended a
public comment period on the
draft Clean Water Act certifi -
cation until Feb. 28. Oregon
would like to introduce salm-
on and steelhead into Pine
Creek — a tributary that orig-
inates in Oregon and connects
with the main-stem Snake
upstream of the dams — and
expand to other tributaries
based on the level of success.
The plan would require Idaho
Power to trap and transport
trout to assist them on their
migration back to the Pacifi c
Ocean.
Fonseca explained her
state considers fi sh passage to
be integral in meeting its own
EPA-approved water-quality
standards.
“We’re certainly aware
that (Idaho) is not happy with
the inclusion of fi sh passage,
but we are continuing with
that process,” Fonseca said.
She said Idaho, Oregon
and Idaho Power offi cials
are already collaborating on
efforts to address water-qual-
ity impairment upstream of
Hells Canyon, due largely to
agricultural nutrients and sed-
iment.
Idaho Power spokesman
Brad Bowlin said his com-
pany supports the irrigators’
bills, noting 95 percent of the
company’s customers are in
Idaho.
“We really think this water
quality certifi cation process
is not the appropriate place
to introduce this passage and
reintroduction issue,” Bowlin
said.
Washington farmers seek shield against agritourist lawsuits
Senate committee
endorses immunity
if warning signs are
prominently posted
By DON JENKINS
Capital Press
LEGAL
Request for Proposals
Fiscal Year
July 1, 2017 - June 30, 2018
The Oregon Beef Council is
soliciting proposals for projects
in the following areas:
1) Positive Producer Image
2) Studying Legislation
3) Education related to beef
4) Generic promotion of beef
Any individual or organi-
zation may propose projects
in any of the categories listed
above.
Projects must meet the Beef
Council’s mission of enhanc-
ing the beef industry’s image
of profitability of Oregon’s
beef industry. Approved pro-
jects must comply with the
Beef Promotion and Research
Act and O.R.S. 577
To present a proposal you
must complete and submit
an Authorization Request
Form by March 17, 2017 at
4:00 p.m.
Download an Authorization
Request Form from orbeef.org
or by contacting the Oregon
Beef Council office (503) 274-
2333 or via e-mail at
julie@orbeef.org. legal-8-2-4/#4
Dan Wheat/Capital Press
Followed by his sister, wife and kids, Jake Chanley carries pumpkins to his car in October 2015 at Annie’s Fun Farm in East Wenatchee,
Wash. The state Legislature is considering granting agritourism operators immunity from lawsuits by customers injured on the farm.
warn customers about slip-
pery ground, sharp-toothed
animals and moving tractors.
But they still see cringe-in-
ducing behavior and fear
bankrupting lawsuits.
“To be frank, it is a dis-
LEGAL
PUBLIC LIEN SALE
U-STORE SELF STORAGE
Salem, Oregon
Sun., March 12, 2017 10AM
1501 Hawthorne Ave. NE
Carver, Montana Wayne,
1F05; Clonkey, Raymonde E,
1G17; Fernandez, Steven
2B09; Flores, Juan, 2C03; Fox,
Justin, 2D73; Fuller, Kierston,
2B55; Garcia Arrendondo
Serafin,
2B53;
Gonzalez
Gamboa,
Araceli,
2B61;
Greaves, Sean 2G03; Haus,
John H 1C40; Kelly, Bradley,
2D15;
King
McKeever,
Heather L, 1D17; Kinnison,
Leslie, Y223; Lance, Brandi,
2D38; Mackey, Donald, 1G13;
Marks, Tracy, RJ20; Morgan,
Jacklyn, RJ17; Morris, Trista,
2C53; Morrison, Tonya L,
2C54; Munoz Cintora, Diana
2A08; Phylon, Hanson 1E34;
Priest, Carl J, 1C09; Villasenor,
Saul 1G19; Wargnier, Mike,
Y4-5; Willis, Shawna R 2B13;
Woodward, Timothy M, 1F16
legal-8-2-7/#T1D
heartening and sickening
feeling to know my family
is at risk,” Ellensburg U-pick
pumpkin farmer Hilary Huff-
man said.
Senate Bill 5808 has
cleared the low hurdle of
passing the agriculture com-
mittee, on a 6-3 vote. The
committee’s
chairwoman,
Moses Lake Republican Judy
Warnick, sponsored the bill.
The same legislation was in-
troduced in the House, but
was assigned to the House
Judiciary Committee and did
not receive a hearing.
A lobbyist for lawyers who
represent plaintiffs in civil
“We’re talking largely about kids, putting
them around heavy machinery, putting them
into activities that have a danger that may
not be apparent to those kids.”
Larry Shannon, of the Washington State Association for Justice
suits, Larry Shannon of the
Washington State Association
for Justice, said state law al-
ready provides some liability
protection for landowners
who open their property for
recreation. He said farmers
could also have visitors sign
waivers.
Shannon said he was con-
LEGAL
LEGAL
PUBLIC LIEN SALE
U-STORE SELF STORAGE
Albany, Oregon
Sun, March 12, 2017 1PM
1668 Industrial Way SW
Yesenia Ruby Birrueta
Farias, H106; Craig
Connelly, Y007; Trent
Johnson, C005; Chelsey
LaMora, H021; Kerri Lux,
J049; Mike Roles, H051;
Karen South, H092;
David Strawn, G051
CHERRY AVENUE STORAGE
2680 Cherry Ave. NE
Salem, OR 97301
(503) 399-7454
Sat., March 4th • 10 A.M.
• Unit 142 -
Angelique Goldschmidt
• Unti 161 -
Jamie/Taunya Newman
legal-8-2-4/#T1D
OLYMPIA — Washing-
ton farmers with corn mazes,
pumpkin patches and other
visitor attractions are ask-
ing legislators to shield them
from lawsuits by injured visi-
tors who didn’t heed warning
signs.
Many states, including Or-
egon and Idaho, have granted
agritourism operators immu-
nity from claims arising from
injuries and deaths, as long
as visitors are alerted to farm
hazards.
Several farmers told the
Senate agriculture committee
at a hearing Feb. 16 that they
Cherry Avenue Storage
reserves the right to refuse
any and all bids
legal-7-2-2/#4
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cerned about the breadth of
Warnick’s proposal.
“We’re talking large-
ly about kids, putting them
around heavy machinery, put-
ting them into activities that
have a danger that may not
be apparent to those kids,” he
said.
Farmers said they do what
they can to keep kids and
adults safe, but sometimes
it’s not enough. “We’ve ac-
tually had to put signs up,
telling people not to not to
jump off our bridges, which
are 12-feet-tall, in our corn
maze,” said Rob Rutledge
of Rutledge Corn Maze in
Olympia.
Olympia farmer Jeff Schil-
ter said he recently settled a
lawsuit fi led by an 83-year-old
man who slipped at a private
event on the farm, injuring his
leg so severely that it had to
be amputated. Schilter said
he had suggested the event be
canceled because of rain.
“We can’t put a sidewalk
out in the middle of a fi eld,
just because of practicality,
but also because of govern-
ment regulations,” he said.
Many farmers said their
families have been in agri-
culture for generations. They
said they turned to agritour-
ism to stay profi table.
Washington Farm Bureau
director of government rela-
tions Tom Davis said a Clark
County farm with agritourist
activities has seen its liabili-
ty insurance rates increase by
400 percent in two years.
“There is a problem that we
need to fi x,” he said. “There is
a reason for this bill.”
To gain protection from
lawsuits, farmers would have
to post a sign warning visitors
that they are assuming the
risk.
WDFW
cites threats
as reason
to tighten
release of
wolf records
By DON JENKINS
Capital Press
OLYMPIA — Legislation
to shield Washington wild-
life managers and ranchers
from death threats also could
bar the public from learning
where wolves are attacking
livestock and what steps are
being taken to prevent depre-
dations.
The House State Govern-
ment Committee has unani-
mously endorsed withhold-
ing public records that name
ranchers who report and state
employees who respond to
depredations.
House Bill 1465 also would
bar releasing “any information
regarding the location of the
depredation” that “reasonably
could be used” to identify any
person. The names of ranchers
who sign agreements to use
non-lethal measures to deter
depredations also would be ex-
empt from disclosure.
The bill stems from un-
specifi ed threats last summer
as the Department of Fish and
Wildlife shot seven wolves in
the Profanity Peak pack in the
Colville National Forest. One
producer told the Capital Press
that the ranch was receiving
daily death threats.
WDFW wolf policy co-
ordinator Donny Martorello,
whose name appeared fre-
quently in the media as the
agency’s spokesman, told the
committee at a hearing this
month that he was so alarmed
that he sent his family to a ho-
tel.
In Ferry County, where the
state shot wolves, Sheriff Ray
Maycumber said in an inter-
view that phone calls, emails,
Internet postings and sec-
ond-hand reports raised con-
cerns. “We heard some pretty
violent rhetoric,” he said.
No arrests were made and
no suspects were questioned,
he said. “Nothing struck us as
clear and present.
“If I had had something sol-
id to go on, I would have spent
money I don’t have to put a
deputy on a plane to fl y some-
where and make an arrest to
set an example,” Maycumber
said. “It would have been very
benefi cial to everybody if I’d
been able to arrest someone.”
Under current disclosure
laws, WDFW limited the re-
lease of information last sum-
mer, providing sporadic up-
dates on its search for wolves.
WDFW didn’t respond to a
Washington State Universi-
ty researcher’s claim that a
rancher elected to release cat-
tle “on top” of the pack’s den.
Six days after the Seat-
tle Times reported the claim,
WSU released a statement
calling the allegation against
the rancher inaccurate.
Cattle Producers of Wash-
ington President Scott Niel-
sen, who ranches in adjoin-
ing Stevens County, said that
during the operation in Ferry
County “the crazies came out
of the woodwork.”
He said he couldn’t sup-
port withholding information
about
damage-prevention
agreements between the state
and ranchers.
The agreements make
ranchers eligible for compen-
sation for lost livestock and
added expenses, such as hir-
ing more cowboys to guard
herds.
“If you’re going to take
state dollars and give it to
ranchers for any reason, you
better not keep it secret from
folks,” Nielsen said. “I think
the people have the right to
know that.”
Rowland Thompson, a lob-
byist for two newspaper trade
groups, likened the ranchers to
crime victims.
State law already allows the
names of crime victims to be
withheld.
Thompson also said the or-
ganizations are not concerned
about disclosing where state
employees live.
“We are concerned about
the location of (the depreda-
tions), and we are concerned
about what is done with these
complaints,” he said.