CapitalPress.com
March 3, 2017
President Donald Trump
has ordered federal agen-
cies to rewrite “waters of the
U.S.” regulations, an Obama
administration rule that
would shield many wetlands
and small streams from de-
velopment and pollution.
Trump promised during
his campaign to withdraw
the measure, describing it
as a classic case of federal
overreach. Environmental
groups say they’ll fight in
court to protect the rule. The
likely outcome is years of
continued political and legal
wrangling over a long-con-
tested issue.
Trump instructed the EPA
and the Army Corps to “re-
scind or revise” the rule,
which can’t be done quick-
ly or easily. The rule hasn’t
taken effect because of the
dozens of lawsuits pending
in the 6th U.S. Circuit Court
of Appeals in Cincinnati.
Separately, the Supreme
Court is considering wheth-
er the 6th Circuit should
have jurisdiction over those
cases.
The Clean Water Act of
1972 empowers the feder-
al government to protect
the “waters of the United
States,” but which waters
are under the government’s
jurisdiction is a fiercely con-
tested question. Everyone
agrees that navigable waters
such as large rivers and lakes
are covered.
But the status of headwa-
ters, streams that flow only
part of the year, and wetlands
that aren’t directly connect-
ed to large waterways is less
certain. Supreme Court rul-
ings in 2001 and 2006 that
sought to clarify the matter
only added to the confusion.
The Environmental Pro-
tection Agency and the Army
Corps of Engineers crafted a
regulation that was promptly
challenged by more than two
dozen states and business
groups. The rule establishes
a legal definition of protect-
ed tributaries, saying they
must have physical features
of flowing water such as a
bed, bank and ordinary high
water mark.
Organizations represent-
ing farmers, builders and
property-rights advocates
contend the 2015 rule im-
poses unfair limits on use of
private lands.
Farm groups say it gives
regulators nearly unlimited
power over virtually any wet
spots, from ditches to farm
ponds, leaving producers un-
certain about what they can
do without obtaining gov-
ernment permits and risking
fines. When the rule was is-
sued, the EPA said it would
not extend federal control
over any waters that hadn’t
historically been covered
by the Clean Water Act and
would add no new require-
ments for agriculture.
Trump’s rollback of
WOTUS was welcomed by
farmers and ranchers.
American Farm Bureau
President Zippy Duvall said
EPA failed to listen to farm-
ers’ and ranchers’ concerns
when drafting the rule and
instead created widespread
confusion for agriculture.
“Under the rule, the
smallest pond or ditch could
be declared a federal water-
way,” he said.
National
Cattlemen’s
Beef Association President
Craig Uden said the rule
was “extremely flawed” and
“should be taken out behind
the barn and put out of its
misery.”
It would force ranchers
and feedlot operators to get
permits or risk excessive
federal penalties despite
being miles away from any
navigable water, he said.
“It would be one of the
9-1/#8
largest federal land grabs
and private-property in-
fringements in American
history,” he said.
The National Pork Pro-
ducers Council said the rule
is an ill-conceived, overly
broad regulation.
“The WOTUS rule was a
dramatic government over-
reach and an unprecedented
expansion of federal juris-
diction and control over pri-
vate lands,” NPPC President
John Weber said.
“It was the product of a
flawed regulatory process
that lacked transparency and
no doubt would have been
used by trial lawyers and
environmental activists to
attack farmers,” he said.
National Corn Growers
Association President Wes-
ley Spurlock said farmers
and ranchers care deeply
about clean water, but the
rule had significant flaws.
“It was arbitrarily writ-
ten, legally indefensible and
extremely difficult to imple-
ment,” he said.
Environmentalists, and
some hunting and fishing
groups, say keeping those
humble waterways intact
and clean is essential to the
larger downstream waters
they feed. Also protected
under the Obama rule are
some 20 million acres of
wetlands that don’t have a
visible connection to other
waters but are vital for stor-
ing floodwaters, filtering
pollutants and hosting wild-
life. Among them: “prairie
pothole” wetlands in the
Upper Midwest that Ducks
Unlimited calls “the most
important and threatened
waterfowl habitat in North
America.”
LEGAL
IN THE CIRCUIT COURT
OF THE STATE OF OREGON
FOR THE COUNTY
OF MARION
Probate Department
IN THE MATTER OF THE
ESTATE OF
Daniel R. McGowan, Deceased
No. 17PB00512
NOTICE TO
INTERESTED PERSONS
NOTICE IS HEREBY GIVEN
that the undersigned has
been appointed Personal
Representative of the above
estate. All persons having
claims against the estate are
required to present them to
the undersigned Personal
Representative in care of the
undersigned attorney at: 319
Sixth Street SW, Albany, OR
97321 within four months
after the date of the first
publication of this notice, as
stated below, or such claims
may be barred.
All persons whose rights
may be affected by the
proceedings in this estate
may obtain additional infor-
mation from the records of
the Court, the Personal Rep-
resentative, or the attorney
for the Personal Represen-
tative.
DATED and first published
March 3, 2017.
Personal Representative:
JOSHUA R. MCGOWAN
62020 Quail Run Place
Bend, OR 97701
Attorney:
DAVID B. BECKHAM
319 Sixth Avenue SW
Albany, OR 97321
legal-9-3-1/#4
Staff and wire report
‘Package’ destinations can boost
agritourism revenues, expert says
By MATEUSZ PERKOWSKI
Capital Press
Farmers can boost agri-
tourism revenues by banding
together to create high-profile
events that attract far-flung
visitors to their region, ac-
cording to a tourism expert.
Agritourism is a growing
source of income for U.S.
growers but the industry isn’t
as mature as in Italy, France
and other European countries,
said Lisa Chase, a natural re-
sources specialist who studies
agritourism at the University
of Vermont.
While U.S. farmers have
made significant progress
in direct sales to consumers
through farmers’ markets and
similar venues, they’re lag-
ging behind in “immersive”
experiences, such as offering
on-farm lodgings, she said.
“There are tremendous op-
portunities we’re just starting
to touch on,” said Chase.
To entice tourists, growers
can partner with other agri-
tourism operations to develop
a “bigger package” of multi-
ple events and destinations,
she said.
“Maybe that’s going to
make people come all the way
to Oregon,” Chase said during
a recent “agritourism summit”
organized by Oregon State
University.
Emphasizing the unique
agricultural traits of a region
can also forestall acrimony
from surrounding farmers,
who may otherwise feel irri-
tated by events that are dis-
connected from production
agriculture, she said.
“That can cause some fric-
Mateusz Perkowski/Capital Press
Lisa Chase, a natural resources specialist who studies agritourism
at the University of Vermont, speaks about trends in agritourism at
a “summit” in Silverton, Ore., organized by Oregon State Universi-
ty.
tion in the agricultural com-
munity,” Chase said.
Bauman Farms near Ger-
vais, Ore., is well-acquainted
with the need to create a desti-
nation for tourists.
The operation is “on the
way to nowhere” and must
lure visitors on its own merits,
rather than rely on passersby,
said Brian Bauman, the gener-
al manager.
“It’s about creating that
festive atmosphere,” he said.
The farm has pumpkins
for Halloween and pies for
Thanksgiving, but it’s also
found reasons for people to
visit after the holidays. For
example, speeches by local
experts, including authors,
gardeners and cooks, are
paired with a traditional “high
tea” in the farm house.
“It’s turned into this real-
ly great experience they’re
almost fighting to get into,”
Bauman said, noting that
painting classes at the farm
are also proving popular.
Agritourism brings in the
most revenues for farmers
along the West Coast and
New England, while grow-
ers in areas such as southern
Texas benefit from allowing
hunters onto their land, said
Chase, citing USDA statistics.
Farmers tend to focus on
agritourism related to crops
and livestock, but many also
own woodlots that can serve
as sources of entertainment,
she said. “Those are often
overlooked opportunities.”
Across the U.S., sales from
agritourism and direct mar-
keting doubled between 2002
and 2012, from about $1 bil-
lion to $2 billion, according to
the agency’s Census of Agri-
culture.
The trend is reflected in
Oregon, where agritourism
and direct marketing reve-
nues grew from $24 million in
2002 to $55 million in 2012.
Despite the overall upward
trajectory, these revenues
were actually higher in Or-
egon in 2007, when they hit
$63 million.
Calf killed by wolf in Southern Oregon
A calf found dead on pri-
vate land in Southern Ore-
gon’s Jackson County was
killed by a wolf, according to
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
the state Department of Fish
and Wildlife.
The three-day-old calf
was found by a ranch em-
ployee Feb. 25. ODFW
investigated that day and
found wolf tracks in the
snow around the carcass.
The entrails and internal
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
organs had been eaten. Bite
marks on the carcass were
wider and deeper than coy-
ote bites, according to an
ODFW report.
Data from a GPS radio
collar showed a wolf desig-
nated OR-25 was at the kill
site at 1 a.m. and 5 a.m. on
Feb. 25. OR-25 is a male that
dispersed from the Imnaha
Pack in northeast Oregon
in March 2015 and traveled
through the Columbia Basin,
southern Blue Mountains
and the northern and central
Cascades.
The attack happened in the
Red Blanket Creek area.
— Eric Mortenson
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
legal-8-2-4/#T1D
Trump begins process to roll back WOTUS
Now Accepting Donations!
owaonline.org
9-4/#13
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