May 11, 2018 CapitalPress.com 3 Bankruptcy shouldn’t stop Oregon dairy cattle auction, creditor claims Bankruptcy filing by Lost Valley Farm in Boardman, Ore., canceled auction Capital Press File The three largest co-ops in California have voted in favor of joining a new federal milk marketing order. Dairy co-ops tip scale in FMMO vote By MATEUSZ PERKOWSKI Capital Press A major farm lender is ar- guing bankruptcy protections shouldn’t stop the liquida- tion sale of cattle owned by a controversial Oregon dairy that’s become financially un- sustainable. Since starting operations a year ago, Lost Valley Farm of Boardman, Ore., has encoun- tered serious financial and regulatory problems that now threaten its survival. The company’s owner, Greg te Velde, recently filed for Chapter 11 bankruptcy protection to halt the foreclo- sure of property at his three dairies in Oregon and Cali- fornia while he restructures debt. By filing a bankruptcy pe- tition on April 26, te Velde was able to cancel an auction of Lost Valley Farm’s 14,500 cattle scheduled for the next day. Rabobank, one of his main creditors, had previ- ously convinced an Oregon judge to order the auction be- cause te Velde had defaulted on $67 million worth of loans for which the cattle served as collateral. Because te Velde isn’t able to meet financial obligations to feed, water and otherwise care for the cattle, the herd’s value is at risk of declining, according to Rabobank. Rabobank is now seeking “relief” from the automatic stay of te Velde’s property foreclosure under bankruptcy law to allow for an auction and avoid “potentially cat- astrophic consequences” to its collateral at Lost Valley Farm. A bankruptcy judge will consider the motion at a hear- ing set for May 8 in Fresno, Calif., during which te Velde will also ask to use cash that serves as collateral for debt. Te Velde said he had no comment about Rabobank’s claims and Capital Press was unable to reach the attorney representing him in the bank- ruptcy case. After several loans went into default, Te Velde had the By CAROL RYAN DUMAS Capital Press Courtesy Paloma Ayala/LightHawk This Nov. 27, 2016, file photo shows an aerial view of Lost Valley Ranch. notforsale opportunity to restructure his “massive debt load” during a “lengthy” forbearance agree- ment that expired at the end of 2017, but he never devel- oped such a plan, according to Rabobank. In its court filing, Rabo- bank claims te Velde’s “errat- ic and unreliable” behavior is caused by “habitual” use of methamphetamine, which prompted a subsidiary of the Tillamook County Cream- ery Association to cancel its milk-buying contract with the dairy. Te Velde has “no cash on hand” and wouldn’t be able to continue operating his dairies without $4 million in advances from Rabobank to pay for feed, water and labor at the facility, according to Rabobank’s filing. “While Rabobank will act responsibly to protect the value of the LVF herd, Rabobank is not willing to finance the drug-addled fan- ciful dreams of this Debtor during a lengthy Chapter 11 case that involves about 24,000 cows, 28,000 other head of livestock, three dair- ies in two states and about $160 million in total debt,” the company said in a court filing. Rabobank claims that te Velde checked out of a drug rehab clinic in April to con- vince Columbia River Pro- cessing — the Tillamook creamery’s affiliate — to re- instate the milk-buying con- tract, but then returned to the facility. “As a regulated financial institution, Rabobank cannot continue to lend to a bor- rower in this condition,” the company said. Patrick Criteser, CEO of the Tillamook creamery, submitted a declaration in support of Rabobank’s re- quest and stated the compa- ny has withheld milk pro- ceeds from Lost Valley Farm due to agricultural service liens filed by other unpaid creditors. The subsidiary, Columbia River Processing, or CRP, is buying milk from the dairy until Rabobank is able to conduct an auction but will stop after May 31, Criteser said. “In no event, however, is CRP willing to continue to accept and pay for milk from the dairy on an ongoing ba- sis, other than that for a short period and solely to facili- tate an auction of te Velde’s herd,” he said. Washington snowpack lingers; irrigation supply plentiful By DAN WHEAT Capital Press YAKIMA, Wash. — Irri- gation water should be plen- tiful throughout the summer and into autumn, thanks to a cool April that preserved the mountain snowpack. Statewide mountain snow- pack, as of May 2, was 125 percent of normal. That’s up from 113 percent a month ago not because there’s been any appreciable snow but be- cause cool weather delayed earnest snowmelt by two to three weeks, said Scott Pattee, water supply specialist of the Washington Snow Survey Of- fice of the USDA Natural Re- sources Conservation Service in Mount Vernon. “We’re not increasing snowpack, it’s just that we are in later melt,” he said. Snowmelt accelerated in the last few days of April and into May as temperatures rose and nighttime lows began staying above freezing in the mountains, he said. A year ago, statewide mountain snowpack was 140 percent of normal from April snows and cool weather. Pat- tee commented then that it could be one of the rare years when Cascade Mountain gla- ciers would gain a little. Maximum snow-water content in the North Cascades is normally April 7 and this year it was more like April 20, he said. Snow water equivalent snowpack in the Spokane ba- sin was 138 percent of normal on May 2. The upper Colum- bia (Okanogan and Methow rivers) was 166 percent. The central Columbia (Chelan, Entiat and Wenatchee) was 119, the upper Yakima was 105 and the lower Yakima 103. Walla Walla was 114 per- cent, the lower Snake River was 128, the lower Colum- bia was 121, south Puget Sound (from Cascade crest to lowlands) was 112, central Puget Sound 139, north Puget Sound 128 and the Olympics 138. Those numbers were all up from a month earlier. May 1 through September streamflow forecasts for those same basins are: Spokane, 122 to 140 percent of normal; upper Columbia, 127-163; central Columbia, 102-128; upper Yakima, 104-109; low- er Yakima, 78-102; Walla Walla, 106-112; lower Snake, 83-130; lower Columbia, 93- 122; south Puget Sound, 85- 105; central Puget, 102-127; north Puget, 103-116; Olym- pics, 108-110. “Fisheries and farmers should be happy,” Pattee said. “There should be plenty of water for everyone.” Long-range forecasts call for a summer warmer and dri- er than normal, but it’s of no concern because of snowpack duration, he said. The five mountain res- ervoirs serving the Yakima Basin were at 87 percent of capacity and at 117 percent of average for this time of year, according to the U.S. Bureau of Reclamation. The reser- voirs are normally full by the end of May or early June. MFG OF BRUSH MULCHERS | STUMP GRINDERS | DRAINAGE PLOWS BOOM MOWERS | PTO GENERATORS | AUGER BITS & DRIVES TRENCHERS | TREE SPADES | TREE SAWS | LIMB SHEARS AND MORE ELLIS EQUIPMENT 800-949-2336 39 Acres • Yamhill County, Oregon NE Fryer RD Excellent Tier 1 soils Tile Drainage Installed BUILDING PERMITS POSSIBLE BIDS ACCEPTED UNTIL 5pm • Friday May 25th, 2018 Minimum bid: $975,000 To place your bid or for more information email : info@creeksidevalleyfarms.com Bidding Ends May 25 th Weekly fieldwork report Ore. .COM Hazelnut Orchard ROP-18-3-1/109 Item/description (Source: USDA, NASS; NOAA) • Days suitable for fieldwork (As of May 8) 6.8 • Topsoil moisture, surplus 3% • Topsoil moisture, percent short 31% • Subsoil moisture, surplus 2% • Subsoil moisture, percent short 42% • Precipitation probability 33-50% below/ (6-10 day outlook as of May 8) Normal (East) ROP-13-40-3/102 The voting is closed in the producer referendum de- termining whether California dairy farmers will leave their state milk marketing order behind and join the federal order system. While nothing is official yet, some industry spokes- men are saying bloc voting in favor of making the switch by the state’s three largest dairy co-ops has sealed the deal. “We’re going to be the 11th federal order. There real- ly is no doubt,” Geoff Vanden Heuvel, board member and economic consultant for the Milk Producer Council, said. The co-ops — California Dairies Inc., Dairy Farmers of America and Land O’Lakes — represent 75 percent of the milk produced in Califor- nia, and only two-thirds was needed to approve the order, he said. Those with milk outside the co-ops who cast a vote probably voted pretty heavily for it, too, he said. “I think it’s a big deal. It’s a necessary transition for the California dairy industry,” he said. “We’re going to be a fed- eral order, so fasten your seat belts. We’ve got a busy five or six months ahead,” he said. USDA officials have said if the election is successful, they are committed to a Nov. 1 start date. Joining the feder- al order won’t be reinventing the wheel, but it is different system and there’ll be a learn- ing curve, he said. A USDA spokesman told Capital Press on Monday the agency expects to release the outcome of the referendum in early June. Officials at Cali- fornia Dairy Inc. don’t want to be presumptuous regarding the outcome but are under the impression the co-ops make up more than two-thirds of the voting population, Rob Vandenheuvel, CDI senior vice president of member and industry relationships, said. But nothing is official until USDA announces it. The voting population also includes dairy producers out- side the state who would be affiliated with a California order because they ship milk to the state, he said. Nonetheless, CDI plans to use the next six months pre- paring for the transition, he said. The three co-ops — which petitioned USDA for a Cali- fornia order in February 2015 — released a joint statement saying they voted in favor of establishing a federal order for California. Since the beginning, the three co-ops collaborated to create a potential California order as a means of helping the state’s dairy farmers receive more equitable, market-based milk prices, they said. “We believe the proposal will better address disparities between farm-gate prices in California and the rest of the nation,” they stated. Frustrated with some of the lowest milk prices in the country, California dairymen want to move from the state system and tie their fate to the federal system in hopes of in- creasing their milk checks. Dairy producers under- stand there’s a real benefit to getting on the same level playing field with dairy farm- ers in the federal order, Lynne McBride, executive director of California Dairy Cam- paign, said. “It’s been a long time coming. We’re excited and think it will restore equity in milk pricing,” she said. Considering the amount of milk and amount of pro- ducers represented by those co-ops, “we think it’s going to move ahead,” she said. “We’re finally going to turn a page,” she said. Western United Dairymen is optimistic about the poten- tial impact of the upcoming change, Annie AcMoody, WUD director of economic policy, said. “California producers have faced negative margins for three years now, so we are hopeful to see higher pro- ducer pay prices,” she said. Wash. Idaho Calif. 6.3 5% 14% 4% 10% 6 12% 15% 14% 13% 7 0 65% 10% 35% 33-50% below 33% below/ 40% above 33% below/ Normal