CapitalPress.com
November 10, 2017
Washington Ecology
to test wells for
nitrate in farm area
Oregon-California hay crop
average despite challenges
By CRAIG REED
By DON JENKINS
Hay conference,
contest Nov. 17-18
For the Capital Press
Capital Press
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ZIEVE BRODNAX & STEELE, LLP
t.
Mon
Capital Press
Sa
90
Salmon-
Challis
National
Forest
on R
lm
r
Salmon
Fk.
l m on R
.
Ranchers and the federal
government have prevailed
against an environmentalist
lawsuit that claimed livestock
grazing destroys fi sh habitat
in Idaho’s Salmon-Challis
National Forest.
The Western Watersheds
Project, an environmental
group, fi led the complaint
in 2015, accusing the U.S.
Forest Service of approving
grazing on four allotments
in violation of federal forest
management law.
The lawsuit specifi cal-
ly pointed to degradation of
streams occupied by white-
fi sh, short-nose sculpin and
paiute sculpin, which are not
endangered or threatened
species but have still experi-
enced major population de-
The Hay King Contest will
be held Nov. 18 in the shop
building at SS Equipment in
Lakeview.
More information on the hay
conference and the contest
can be obtained by calling
Dan Roberts, the president
of the Lake County Hay &
Forage Association, at 775-
742-0905. — Craig Reed
army worms be a factor across
the whole southern Oregon
and northern California re-
gion.
Then for the region’s third
cutting, smoke that drifted in
from wildfi res blocked the
sun and in some fi elds stunt-
ed the growth of a hay crop
or prevented the cutting from
curing. Fleming said his third
cutting laid in the fi eld for
nine days before curing. Nor-
mally, it takes half that time.
Fleming, like King, hopes
the hay price stays up for
the 2018 hay crop, but in the
meantime he said he had plen-
ty to do with his hay equip-
ment needing maintenance.
28
Challis
21
N
75
93
Ketchum
20 miles
Alan Kenaga/Capital Press
clines in recent decades.
A group of about 15 ranch
families who rely on the four
allotments intervened as de-
fendants in the case.
U.S. Magistrate Judge
Ronald Bush has now dis-
missed the case, rejecting the
plaintiff’s arguments that the
Forest Service acted “arbi-
trarily and capriciously” by
Riparian
management
objectives are intended to
measure progress in restoring
stream health but they’re not
“absolute requirements” that
must be met in every water-
way, the ruling said.
Likewise, although ranch-
ers fell short of meeting
some permit conditions, they
mostly complied with con-
ditions for grass and shrub
consumption by livestock,
Bush said.
While “instances of non-
compliance” are relevant to
Forest Service’s decision to
re-authorize grazing permits,
the judge said he’s “not per-
suaded that the instances of
noncompliance contained in
such an extensive administra-
tive record are representative
of a pervasive, chronic histo-
ry of non-compliance.”
While it’s true that sedi-
ment levels in many streams
are excessive in the area, the
Forest Service has found
that roads are the biggest
contributor to the problem,
he said.
Vibrant ag economy helps urban areas, planner says
Capital Press
By: /s/ Amy F. Harrington
AMY F. HARRINGON, OR Bar 123363
Attorneys for Plaintiff
WILMINGTON SAVINGS FUND
SOCIETY, FSB, DOING BUSINESS AS
CHRISTIANA TRUST, NOT IN ITS
INDIVIDUAL CAPACITY, BUT
SOLELY AS TRUSTEE FOR BRONZE
CREEK TITLE TRUST 2014-NPL1, A
DELAWARE TRUST
93
IDAHO
By MATEUSZ PERKOWSKI
By TIM HEARDEN
THE STATE OF OREGON TO THE
DEFENDANT/RESPONDENT(S) ABOVE NAMED:
You are hereby directed and required to appear in, and defend
against, this legal action within 30 days after the first date of
publication of summons, which is the 3rd day of November, 2017,
and defend the above entitled action in the above entitled court,
and answer the complaint of the plaintiff WILMINGTON SAVINGS
FUND SOCIETY, FSB, DOING BUSINESS AS CHRISTIANA TRUST, NOT IN
ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR BRONZE
CREEK TITLE TRUST 2014-NPL1, A DELAWARE TRUST and serve a
copy of your answer upon the undersigned attorneys for plaintiff,
ZIEVE BRODNAX & STEELE, LLP, at their office below stated; and in
case of your failure so to do, judgment will be rendered against you
according to the demand of the complaint, which has been filed
with the clerk of said court. This is a Complaint for Judicial
Foreclosure of Deed of Trust.
You must “appear” in this case or the other side will win
automatically. To “appear” you must file with the court a legal
paper called a “motion” or “answer.” The “motion” or “answer”
must be given to the court clerk or administrator within 30 days
along with the required filing fee. It must be in proper form and
have proof of service on the plaintiff’s attorney or, if the plaintiff
does not have an attorney, proof of service on the plaintiff.
If you have any questions, you should see an attorney
immediately. If you need help in finding an attorney, you may
contact the Oregon State Bar’s Lawyer Referral Service online at
www.oregonstatebar.org or by calling (503) 684-3763 in the Portland
metropolitan area.
Area in
detail
authorizing grazing.
“Having made a close ex-
amination of the record, the
court is satisfi ed that the pic-
ture of wholesale habitat deg-
radation painted by Western
Watersheds simply does not
square with the evidence,”
Bush said.
Just
because
many
streams do not meet “riparian
management objectives” in
the four allotments does not
mean that restricting grazing
is justifi ed, particularly since
those waterways would like-
ly be degraded without live-
stock on the landscape, he
said.
“If the potential for fi sh
habitat degradation com-
pelled the curtailment or dis-
continuation of grazing, then
grazing would be disallowed
everywhere,” Bush said.
However, end-of-season
reports about the impacts of
grazing don’t back up the
environmental group’s al-
legations of “rampant and
fl agrant violations of permit
conditions,” he said.
ORLAND, Calif. — Grow-
ers should form partnerships
with local government planners
to have input on land-use poli-
cies that could maximize their
farms’ earnings potential, a
Sacramento-based offi cial said
on Nov. 7.
While working with gov-
ernment is “not an arena they
normally like to play in unless
they have to,” farmers can ben-
efi t from the relationships, said
David Schabazian, a manager
for the Sacramento Area Coun-
cil of Governments.
Schabazian is leading a
project called the Rural-Urban
Connections Strategy, a nearly
decade-long effort to more ex-
plicitly include rural areas in
the region’s land-use and trans-
portation planning decisions.
He said the project has
demonstrated to regulators and
others that agriculture outside
town plays a key role in an ur-
ban area’s economy as well as
providing environmental bene-
fi ts such as wildlife habitat and
fl ood control.
“You cannot keep your
heads in the sand anymore,”
Schabazian told about 75 grow-
ers and others in an exhibit
hall at the Glenn County fair-
grounds. “You have to engage
with government.”
While there’s much talk
about an urban-rural divide,
“we are actually more connect-
ed in California than most peo-
ple understand,” he said.
Schabazian was the keynote
speaker at the second annu-
al North State Innovations in
Agriculture conference, which
was held Nov. 7-8 and included
talks on cutting-edge technol-
ogies, product demonstrations
and a trade show.
The conference, which
also was to include California
Department of Food and Agri-
culture secretary Karen Ross,
took on a simpler format after
last fall’s inaugural Precision
Ag Expo and Farm Business
Forum offered two tracks of
speakers and presentations over
two days.
Fairgrounds manager Ryann
Newman started the conference
last year to engage growers in
the mid-Sacramento Valley re-
gion, some of whom told her
they’d like to learn more about
all the new ag-related technolo-
gy in California.
Schabazian’s opening re-
marks centered on the work of
the Sacramento Area Coun-
cil of Governments, which is
tasked with building detailed
economic forecasts in its role
as a conduit for federal trans-
portation funds.
The agency launched
its rural project in 2008 af-
ter hearing criticism that its
land use and transportation
planning lacked adequate
attention to the region’s
outskirts, according to its
website.
LEGAL
LEGAL
LEGAL
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold, for cash
to the highest bidder, on 11/22/17.
The sale will be held at 10:00am by
MCCOY FREIGHTLINER
4060 INTERSTATE PL. NE BROOKS, OR
2004 FREIGHTLINER COLUMBIA
VIN = 1FUJA6CKX4LM43478
Amount due on lien $5630.00
Reputed owner(s) DOROTHY COLEMAN
ALLSTATE FINANCE
PURSUANT TO ORS
CHAPTER 98
Notice is hereby given that the
following vehicle will be sold, for cash
to the highest bidder, on 11/21/17.
The sale will be held at 10:00am by
PARKING ENFORCEMENT SERVICES
1768 13TH ST. SE SALEM, OR
2008 CHRYSLER 300 4D
VIN =2C3KA43R28H126931
Amount due on lien $2912.00
Reputed owner(s) ROLANDO &
ROGELIO BAROCIO
SELCO COMM CU
PURSUANT TO ORS
CHAPTER 819
Notice is hereby given that the
following vehicle will be sold, for cash
to the highest bidder, on 12/7/17.
The sale will be held at 10:00am by
WILTSE’S TOWING
3120 CHERRY AVE SE SALEM, OR
2017 HONDA HRV
VIN =3CZRU6H30HG700616
Amount due on lien $905.00
Reputed owner(s) ARLENE WEBB
HONDA LEASE TRUST
PURSUANT TO ORS
CHAPTER 98
Notice is hereby given that the
following vehicle will be sold, for cash
to the highest bidder, on 11/14/17.
The sale will be held at 10:00am by
PARKING ENFORCEMENT SERVICES
1768 13TH ST. SE SALEM, OR
1995 TOYOTA LANDCRUISE
VIN = JT3DJ81W3S0113027
Amount due on lien $1,062.00
Reputed owner(s) JASON & FE
FARRINGTON
UNITED FINANCE
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CASE NO.: 17CV29151
Missoula
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WILMINGTON SAVINGS
FUND SOCIETY, FSB, DOING
BUSINESS AS CHRISTIANA
TRUST, NOT IN ITS
INDIVIDUAL CAPACITY, BUT
SOLELY AS TRUSTEE FOR
BRONZE CREEK TITLE TRUST
2014-NPL1, A Delaware Trust,
Plaintiff,
vs.
BRIAN D. GIBSON, an
individual; TAMI K. GIBSON,
an individual; OREGON
DEPARTMENT OF REVENUE;
and ALL OTHER UNKNOWN
PARTIES CLAIMING ANY
RIGHT, TITLE, LIEN OR
INTEREST IN THE REAL
PROPERTY COMMONLY
KNOWN AS 7990 HERON
STREET, SALEM, OR 97305.
Defendants.
Environmentalist
lawsuit dismissed
by federal judge
ho
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MARION
dent of the Lake County Hay
and Forage Association, said
several growers in that coun-
ty have said they are already
sold out with most of their
high-quality hay going to
dairies and some to export.
Lower-quality hay from
Oregon and northern Califor-
nia has also been readily sold,
going to beef, sheep and goat
owners.
While the demand and
the improved price are pos-
itives for the end of the year
for hay growers, the season
got off to a bit of a rough
start. Scattered rain showers
on the fi rst cutting negatively
impacted some hay. Then in
mid-summer, many grass hay
fi elds were infested with army
worms and growers had to go
to the expense of having an
insecticide fl own onto those
fi elds.
“It’s not a cheap spray, so
there was the additional cost
and some reduced yield,”
King said. “If you don’t spray,
the crop will be decimated.”
Maddox said it had been
a long time since he had seen
The conference will be held
in the Memorial Hall of the
Lake County Courthouse on
Nov. 17. Presentations will
include a forage seminar by
Oregon Tilth with information
on how to become an organic
hay grower, information on
growing low carb hay for
horses and a discussion and
demonstration on the use of
drones in agriculture.
Ranchers prevail in Idaho grazing dispute
Ida
LEGAL
price for 100-pound bales is
$13 to $17 for timothy, $11 to
$14 for orchard grass and $10
to $12 for alfalfa.
“The price depends on the
quality of the hay and the lo-
cation,” Maddox said, noting
that freight is an expense that
factors into the price.
Maddox added that the
price for the bales of alfalfa
(1,200 to 1,800 pounds) go-
ing to dairies is ranging from
$200 to $235 a ton, depend-
ing on how the hay tests for
quality. Alfalfa that doesn’t
test quite as high and is being
exported is going for $160 to
$200 a ton.
Bart Fleming, a Klamath
Falls area hay grower, said
the hay price “was way better
than the last two years and the
trend is upwards.
“All of our hay has a
planned home,” he added.
“The California market seems
to be the strength for our oper-
ation. There’s been some ex-
port activity, but there’s been
more of a (California) dairy
infl uence this season.”
Dan Roberts, the presi-
nt.
last month.
The report focused on
25 wells monitored between
2003 and 2016. One in four
did not meet drinking stan-
dards set by the Environmen-
tal Protection Agency, though
nitrate levels declined in nine
wells and increased in only
one well. The other 15 wells
had no signifi cant change in
nitrate levels, according to
Ecology.
Whatcom Family Farm-
ers spokesman Gerald Baron
said the report shows nitrate
levels are comparable with
other agricultural areas and
signals that improved farm
practices are taking effect.
“It’s good news. The
overall indication of decline
is signifi cant,” Baron said.
“Clearly, it indicates manure
lagoons are working and
farmers are applying (fertiliz-
er) according to regulations.”
Carey, who has taken part
in monitoring the aquifer
since 1995, agreed manure
lagoons and manure-man-
agement plans implemented
in the past two decades may
be working.
“I think dairymen are
aware of the importance of
applying nutrients in the
amounts and at the times that
are most appropriate,” Carey
said.
Ecology’s tests don’t
identify the sources of nitrate,
which include septic tanks.
“Unfortunately, no,” Carey
said. “That’s diffi cult to do,
and it’s a very case-by-case
basis.”
The aquifer straddles the
U.S.-Canada border and is
especially vulnerable to ni-
trate contamination, accord-
ing to Ecology. The water
table is shallow, and rainfall
in the area ranges from 32 to
50 inches a year.
Craig Reed/For The Capital Press
Bart Fleming of Klamath Falls, Ore., has a load of alfalfa weighed at
Mac’s Store east of Klamath Falls on Oct. 17. Fleming says the price
for the 2017 crop of hay is much better than the past two years.
Sa
The Washington Department
of Ecology draws water from
a well to test nitrate levels in
the Sumas-Blaine Aquifer in
Whatcom County. Ecology
plans to test hundreds of
wells next March in the area.
The Oregon Hay & Forage
Association Conference
and Hay King Contest are
scheduled for Nov. 17-18 in
Lakeview, Ore.
Md
.
Washington Department of Ecology
KLAMATH FALLS, Ore.
— Hay growers in central and
southcentral Oregon and in
northern California dealt with
such issues as early season
scattered rains, the presence
of army worms and smoke
from wildfi res this year, but
they generally agree they end-
ed up with an average season.
Countering those negative
conditions was the fact the
price for hay slowly trended
upwards, and there’s a de-
mand for it.
“Between July and now,
the market has gone up be-
tween $20 and $30 (a ton),”
said David King, a Klamath
County hay grower who is
president of the Klamath Ba-
sin Hay Growers Association.
“Ending this year with a high-
er price bodes well for next
year.”
King said the demand for
Oregon and northern Cali-
fornia hay is up because the
cattle population in the U.S.
has increased, more ground
in California is being planted
to orchard trees or other crops
rather than hay and the export
market to East Asia remains
strong.
“With the amount of trees
being planted in California,
there’s not as much room left
for hay in that state,” said
Matt Maddox, the manag-
er-broker for High Mountain
Hay Growers, a cooperative
of 18 hay growers in south-
central Oregon and northern
California. “The export mar-
ket has stayed pretty strong
and the retail market has got-
ten better.”
Maddox said the retail
Mo
The Washington Depart-
ment of Ecology plans to
test hundreds of wells over
150 square miles of mostly
farmland in Whatcom Coun-
ty next March to see whether
groundwater quality has im-
proved over 20 years.
A recent study involving
25 wells suggests nitrate lev-
els are trending downward in
the Sumas-Blaine Aquifer,
Ecology needs to replicate
the much-bigger 1997 study
to confi rm it, department
hydrogeologist Barb Carey
said.
“Groundwater is very
variable over a short dis-
tance, so we can’t say those
25 wells are representative of
150 square miles,” she said.
“It’s not defi nitive. That’s
why we want to go back and
look at the aquifer on a broad
scale again.”
The study may provide a
snapshot of how farmers in
the heart of Western Wash-
ington’s dairy and berry in-
dustries are managing nutri-
ents. In 1997, Ecology tested
248 wells and 21 percent had
nitrate levels above federal
drinking standards.
At the time, Ecology re-
ported that the results con-
fi rmed a widespread problem
in the aquifer and noted that
dairies and raspberry fi elds
were the most frequent land
use upgradient of wells with
high nitrate levels.
Nitrate, ubiquitous in
the environment, is a public
health concern at excessive
levels, though studies of
whether nitrate causes birth
defects have been inconclu-
sive, according to a 2015
statement by the U.S. Depart-
ment of Health and Human
Services.
Ecology estimates 25,000
to 35,000 people drink from
the aquifer. The groundwa-
ter also reaches the Nook-
sack River, which for its
size washes more nitrate into
Puget Sound than any other
river, according to Ecology.
Ecology followed up the
1997 study by monitoring
a few dozen wells over the
years. The 11 wells with the
most complete testing re-
cords have averaged decreas-
es in nitrate levels, according
to an Ecology report issued
Legal-44-2-3/999
4