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8 CapitalPress.com August 25, 2017 Washington Final adjudication of Yakima water rights upcoming By DAN WHEAT Capital Press YAKIMA, Wash. — Ya- kima River Basin water right holders have until Nov. 15 to review and object to a pro- posed final court adjudication of their water rights involved in a 40-year-old lawsuit. Under the threat of drought in 1977, the state Department of Ecology petitioned for an adjudication to determine the legality of all claims for the use of surface water in the Yakima River Basin. The re- sulting court case, Ecology v. James Acquavella and others, began a thorough and binding review of all historical facts and evidence associated with each claim for rights to sur- face water use in the basin, including Yakima, Kittitas, Benton and parts of Klickitat counties. Approximately 3,000 claims were researched by Capital Press File The Yakima River flows through Yakima Canyon between Ellens- burg and Selah, Wash. In 1977, the state Department of Ecology petitioned for an adjudication to determine the legality of all claims for the use of surface water in the Yakima River Basin. posed final decree including a draft schedule of rights de- tailing each of approximately 2,300 water rights confirmed in a conditional final order years ago and reflecting how tributary by Ecology and re- viewed by the court and par- ties. On Aug. 10, Yakima County Superior Court Judge F. James Gavin entered a pro- they have changed since then. Water right holders may find the schedule online at www.ecy.wa.gov and find their water right by name, court claim number or certif- icate number. Copies of the draft schedule of rights are also available at the Yakima County Clerk’s Office and at Ecology’s regional office in Union Gap. An open house is set for 5 to 7 p.m. Sept. 6 at Ecology’s regional office, 1250 W. Alder St., Union Gap, for people to ask questions and learn more about the process. The 2,300 conditionally confirmed water right hold- ers include many municipal- ities and irrigation districts representing tens of thou- sands of people, said Joye Redfield-Wilder, an Ecology spokeswoman. She said she doesn’t know if the approximate 700 claims not confirmed were denied and that some of them may have merged. Conditional confirmations began in 1989, she said. The draft schedule of rights identifies the quanti- ty of water in acre-feet and the rate of diversion in cubic feet per second to which each water right holder is entitled. The right establishes purpose of use, time of year, point of diversion and gives a legal description of the right’s au- thorized place of use. Priority dates determine who gets wa- ter in drought years. Washington law recog- nizes “prior appropriation,” also known as “first in time — first in right.” Tribes have ancestral rights that protect flows for fish. Settlers who filed claims showing they were putting an amount of water to beneficial use on or before May 10, 1905, were granted senior water rights. Rights awarded after that date are junior and subject to first restrictions in drought years. “Now water users have clarity about their water rights and stability on what they can expect going forward,” said Polly Zehm, Ecology deputy director. The litigation brought peo- ple together to settle claims and laid the foundation for the Yakima Integrated Water Management Plan to address water needs in a collaborative approach, she said. After Nov. 15, all objec- tions and responses will be posted on Ecology’s adjudi- cation web page. People will have until Feb. 13 to respond to those objections and re- sponses and must mail any responses to the holder of the water right they are objecting to. Any party may reply to those responses by April 14. After that the court will enter a final decree establishing wa- ter rights. Environmentalists sue over water WSDA fines irrigation district manager By DON JENKINS By DON JENKINS Capital Press Two environmental groups are suing Cargill Inc., alleging it is violating the Clean Wa- ter Act by releasing polluted stormwater from its animal feed plant in Ferndale, Wash. Seattle-based Puget Soundkeeper Alliance and Bellingham-based Re Sources 12 month waiver according to the suit. The allegations are based on wa- ter-quality tests submitted by the company to the state De- partment of Ecology. A Cargill spokesman said in an email that the company has worked for several years with the Department of Ecol- ogy and the city of Ferndale to comply with regulations. for Sustainable Communities filed the lawsuit Aug. 7 in U.S. district court. The groups claim Ferndale Grain released stormwater that’s too cloudy and has too much zinc and copper af- ter heavy rains. 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In Ritzville, spring wheat yields averaged 34 bushels per acre after winter peas and 31 bush- els per acre after winter wheat over seven years. Potential winter pea mar- kets include food aid, cover crops and pet food, Schil- linger said. Farmers receive 10 to 20 cents per pound. Schillinger’s research team used the edible pea variety Windham, which, he said, is not the best fit for the market. Newer varieties have better qualities. Winter pea production has increased each year, and Schillinger foresees demand taking off. 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Kern said Monday he has yet to reach a settlement with the district’s insurance company. The spraying also harmed the block’s 2017 crop, he said. “It definitely reduced this year’s crop well over 50 per- cent,” Kern said. Researcher expects continued growth in use of winter peas Capital Press JD 7230R, 2010, 3022 hours, premium cab, PS trans., TLS axle, front 3pt and PTO, 4 remotes, 710-38 singles.................................. .......................$139,000 Tangent AC000101 Case IH 290, 2011, 2714 hours, deluxe cab, MFWD, PS trans., 5 remotes, 380-54 rear duals, 380-34 frt duals.................................... ................$124,900 Walla Walla BRD02229 The Washington State Department of Agriculture has fined a former Cascade Irrigation District manager $450 for an errant herbicide application that damaged a pear orchard in Central Washington. 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