Image provided by: University of Oregon Libraries; Eugene, OR
About Capital press. (Salem, OR) 19??-current | View Entire Issue (Dec. 1, 2017)
December 1, 2017 CapitalPress.com 3 Feds, tribes say farm groups overreacting to culvert case verts that block fish passage, a decision that has no implica- tions for land use,” according to the brief filed on behalf of 20 tribes. The briefs respond to an appeal filed by Washington Attorney General Bob Fer- guson, challenging an order to replace more than 800 culverts under state roads. The appeals court ruled the culverts reduce fish runs and violate treaty rights. The Su- preme Court has yet to decide whether to take on the case. The state estimates fixing the culverts will cost nearly $2 billion, but the bigger is- sue is whether the order sets a precedent for tribes to chal- lenge other structures or prac- tices that could harm fish. The Washington, Oregon, Idaho and Montana Farm Bureaus filed briefs in Sep- tember asking the Supreme Court to hear the appeal, U.S. Supreme Court asked to reject appeal By DON JENKINS Capital Press Lawyers for the U.S. De- partment of Justice and Puget Sound tribes say Western farm groups are mistaken to think a court order directing Wash- ington to replace fish-block- ing culverts foreshadows trouble for agriculture. The department and tribes, in briefs filed Monday, asked the U.S. Supreme Court to let stand the order by the 9th U.S. Circuit of Appeals, arguing that the directive isn’t a fore- runner to restricting farming, removing dams or reordering water rights. “The court held only that the state cannot maintain cul- U.S. Supreme Court The U.S. Department of Justice and Puget Sound tribes filed briefs Nov. 27 asking the U.S. Supreme Court not to hear Washington state’s appeal of a court order to remove more than 800 fish-block- ing culverts. Farms groups are urging the court to hear the appeal, arguing the order sets a precedent for restricting farming, removing dams and reordering water rights. as did seven states, led by Idaho. The farm groups and states argue the case has far-reaching implications, particularly in Western states with treaty tribes, and should be decided by the Su- preme Court. The Justice Department and tribes downplayed the case’s importance and asked the Supreme Court to reject the appeal without a hearing. The tribes and Justice Department sought to rebut Appeals Court Judge Di- arumuid O’Scannlain, who accused the court of discov- ering new rights in 19th cen- tury treaties and “fashioning itself a 21st century environ- mental regulator.” The order was based on “concrete facts” related to culverts, and wasn’t a broad demand to protect fish habi- tat, according to the Justice Department. “Hence, Judge O’Scannlain’s assertion that any activity that negatively affects fish habitat could be an ‘automatic treaty viola- tion’ is wrong.” The pending case is root- ed in a lawsuit initiated in 1970 against Washington by the U.S. government on behalf of the tribes. Previ- ous court rulings guaranteed tribes up to 50 percent of the fish harvest, but litigation related to the supply of fish continues. Another point of con- tention is whether the order to remove culverts con- flicts with the U.S. Supreme Court’s Fishing Vessel ruling in 1979. The court in that case ruled that Puget Sound tribes were entitled to half the catch, unless a tribe dwindled to “just a few members.” Then, according to the court, a 50 percent share would be “man- ifestly inappropriate” and could be reduced, as long as the share was enough for trib- al members to make a “mod- erate living.” The state argues the ap- peals court misinterpreted the decision as a guarantee that there would be enough fish for a moderate living. The tribes argue the Fish- ing Vessel ruling was about sharing the fish and that the pending case is about wheth- er the state can build roads across streams and destroy fish runs. Judge: No ‘blanket immunity’ for aspiring pot growers facing lawsuit Water year off to a good start in Eastern Oregon, SW Idaho By MATEUSZ PERKOWSKI BOISE — Snowpack lev- els in southwestern Idaho and Eastern Oregon basins are well above normal, a good sign for the thousands of farmers in the region who depend on those basins to pro- vide the water they need for their crops. The amount of water car- ried over in area reservoirs after the 2017 water year that will be available for irrigators in 2018 is also significantly higher than normal. “We’re looking good so far. If it continues, we’re going to have a fairly good year” in 2018, said Tim Page, manager of the Boise Project Board of Control, which pro- vides water to 167,000 acres and five irrigation districts in southwestern Idaho. In the Boise River basin, snowpack levels were 160 percent of normal as of Nov. 21 and the Boise River sys- tem’s reservoirs had 250,000 acre-feet of carryover water, well above normal. As of this week, there was enough water in the system to equal about 50 percent of the project’s total water right, up from the 36 percent that is typical for this time of year, Page said. “Things can change quick- ly but so far it’s looking pretty good,” he said. Snowpack in the Payette River basin is 207 percent of normal. It’s 188 percent of normal in the Weiser River basin and 191 percent of nor- mal in th Owyhee River basin. Ron Abramovich, a re- gional water supply specialist with the Natural Resources Conservation Service, said some snow measuring sites have 20-30 percent of what their typical April 1 peak is. “Snowpack is off to a good start,” he said. The Owyhee Reservoir, Capital Press Oregon’s “right to farm” law doesn’t provide aspir- ing marijuana growers with “blanket immunity” from a lawsuit filed by grape-pro- ducing neighbors in Yamhill County, a judge has ruled. Yamhill County Circuit Judge John Collins has de- nied a motion to dismiss a complaint against the mari- juana operation planned by Steven and Mary Wagner, and their son Richard. A nearby vineyard own- er, Momtazi Family LLC, claimed the marijuana odors would damage wine grapes with “foul-smelling parti- cles” and sought an injunc- tion against cultivation of the psychoactive crop. The lawsuit was joined by Harihari and Parvathy Mahesh, neighbors who ha- ven’t yet planted a vineyard but plan to do so. Last month, the Wagners asked the judge to throw out the lawsuit because there was no evidence that mar- ijuana odors would cross property lines and because the planned marijuana oper- ation wasn’t yet definite. “You don’t get to file a lawsuit with no facts, sheer conjecture, pure speculation about what will happen,” said Allison Bizzano, their attorney, during oral argu- ments on Oct. 11 in McMin- nville, Ore. Richard Brown, attorney for the plaintiffs, countered that it’s common to enjoin activities that haven’t yet occurred but that would cause damage. “If the court allows them to develop the property first, it’s the equivalent of let- ting them pull the trigger,” Brown said. Mateusz Perkowski/Capital Press Marijuana plants grow in a high tunnel at a farm near McMinnville, Ore. A judge has refused to dismiss a lawsuit filed by neighbors against a planned marijuana operation in Oregon’s Yamhill County. The judge sided with the plaintiffs on this issue, rul- ing that an injunction can be a preventive remedy meant to “stay the lawless hand before it strikes the blow,” based on a legal precedent from 1914. “While this language from an old case might be seen as somewhat arcane today, the principle re- mains: A party may seek injunctive relief not just to halt an ongoing harm, but also to head off that harm if the harm can reasonably be predicted to occur in the reasonably near future,” he said. The judge also disagreed with the defendants that the case is barred by the “right to farm” law, which prohib- its nuisance and trespass lawsuits against common farming practices. A provision from that law clarifies that it doesn’t protect against lawsuits alleging “damage to commercial agricultural products.” By SEAN ELLIS Capital Press Sean Ellis/Capital Press File A sugar beet field in Eastern Oregon. A full water allotment for the first time in four years has made a big difference for farmers who depend on the Owyhee Reservoir to irrigate their crops. Basins in southwestern Idaho and Eastern Oregon have above-average amounts of snowpack for this time of year, and area reservoirs have higher than normal amounts of carryover water from the 2017 season. which provides irrigation wa- ter to 118,000 acres in Eastern Oregon and part of Idaho, has 434,000 acre-feet of carry- over water, which equals 61 percent of the reservoir’s ca- pacity. That’s up significantly from 200,000 acre-feet at this time last year and well above the typical 300,000 acre-feet for this time of year, said Owyhee Irrigation District Manager Jay Cham- berlin. Farmers who get their wa- ter from the Owyhee Reser- voir suffered through several years of drought and reduced water supplies until last year and 2018 is shaping up to be another good year, Chamber- lin said. The excellent start to the water year means the district may have to release water for flood control early next year, “but that’s a good problem to have,” he said. “I’ll take that kind of problem any day over what we had the past several years.” The Payette River sys- tem’s reservoirs have about 450,000 acre-feet of carry- over water, which is 71 per- cent of full capacity and well above the 325,000 acre-feet that could typically be ex- pected this time of year, said watermaster Ron Shurtleff. “We’re getting a great start and carryover is excellent,” he said. “The Payette River basin could weather a pretty modest winter and still come out fine” for 2018. H-B SYSTEM 2000 HORIZONTAL BALE CUTTING SAW The heavy duty, hydraulically powered horizontal Bale Reclaim system, with “Vertical cut positioning” SALVAGE D BALES CONTAMINATE COST- QUICKLY AND EFFECTIVELY WE SPECIALIZE IN BULK BAGS! BAGS: • Seed Bags • Fertilizer Bags • Feed Bags • Potato Bags • Printed Bags • Plain Bags • Bulk Bags • Totes • Woven Polypropylene • Bopp • Polyethylene • Pocket Bags • Roll Stock & More! • The HB System 2000 comes complete with hydraulic cylinder and controls for powered cut depth adjustment through the cut. • Automatic bar oiler system is a standard feature on this unit. • This saw splits bales using an L-M DE-68 inch saw bar running .404 pitch chain designed for parallel cutting through any type of hay or straw. P.O. Box 905 • Sandy, OR 97055 1-800-228-0793 Leasing available • Call for video 48-3/103 Phone (503) 235-3146 - Fax (503) 235-3916 HAY PRESS SUPPORT: • Hay Sleeves • Strap • Totes • Printed or Plain • Stretch Film (ALL GAUGES) WAREHOUSE PACKAGING: • Stretch Film • Pallet Sheets • Pallet Covers LOCATIONS: Albany, Oregon (MAIN OFFICE) Ellensburg, Washington CONTACT INFORMATION: Phone: 855-928-3856 Fax: 541-497-6262 info@westernpackaging.com ....................................................... CUSTOMER SERVICE IS OUR TOP PRIORITY! w w w. w e s t e r n p a c k a g i n g. c o m 48-3/100
