Friday, July 2, 2021
CapitalPress.com 5
Washington Ecology: Let’s end 44-year-old adjudication
By DON JENKINS
Capital Press
OLYMPIA — The Yakama
Nation, a Central Washington irri-
gation district and a dozen land-
owners asked the Washington
Supreme Court on Tuesday to order
a lower court to reconsider their
water rights.
The three appeals stemmed from
Ecology v. Acquavella, the adjudi-
cation of water rights in the Yakima
River Basin that began in 1977.
Assistant Attorney General Stephen
North asked justices to deny the
appeals as untimely.
Water-right holders had chances
to appeal “conditional final orders,”
he said. Dozens of conditional final
orders issued over about 30 years
made up the final decree in 2019.
If the court doesn’t reject the
appeals, Acquavella could go on
“forever,” unsettling water rights
throughout the basin, he said.
“Security of water rights precip-
itously drops if this court is asked
to review decisions from decades
ago,” said North, representing Ecol-
ogy. “Every single drop of water in
this adjudication mattered.”
Ecology calls adjudication — in
which a court catalogs water rights
— a “great” and “underused tool”
for determining who gets water and
for what purpose.
Ecology plans to adjudicate
water rights in Whatcom County in
northwest Washington and at Lake
Roosevelt and its middle tributaries
in Eastern Washington, beginning
in 2023.
The Acquavella adjudication
took 42 years from filing to final
decree. It’s not over yet. The water-
right holders in court Tuesday
argued their appeals were timely
because they are challenging the
final order. Ecology’s position is
that they missed out by not appeal-
ing steps along the way.
The Yakima-based Ahtanum
Irrigation District claims the final
decree erred by ordering it to close
a head-gate between the end of irri-
gation season and April 15. Once
closed, the head-gate prevents
Ahtanum Creek from flowing into
Bachelor and Hatton creeks.
The district argues the order
wrongly classified the creeks as irri-
gation canals. Closing the head-gate
disrupts the natural flow and forces
irrigators to use a portion of their
water right to rehydrate creek beds,
according to the district.
In another appeal, the Rattle-
snake Ditch Association, in the
Upper Naches sub-basin, claims the
final decree short-changed about a
dozen landowners.
The lower court underestimated
how much water seeps into the
ground and evaporates as Rattle-
snake Creek flows down a 2-mile
ditch, the association claims.
Finally, the Yakama Nation
seeks to amend the final decree to
say that federal law governs how
the Wapato Irrigation Project uses
water, not the state court’s order.
Wapato, managed by the
Bureau of Indian Affairs, serves
the Yakama Indian Reservation.
The final order decreed that its
water right was to irrigate 120,000
acres. The tribe isn’t seeking more
water, but doesn’t want to be lim-
ited to 120,000 acres. The U.S.
Justice Department represents the
tribe.
North said the tribe should have
appealed sooner, but agreed that
federal law controls how the res-
ervation uses water. He asked the
high court to simply clarify the
final order, rather than remand it to
the lower court.
North argued that the irrigation
and ditch associations shouldn’t be
given any relief. Acquavella moved
slowly and water-right holders had
their chances to appeal, he said.
“Going back to 1989, over 10
years after this case was filed, after
this case commenced, the trial court
was still trying to figure out with the
help of the parties just how to eat
the elephant,” North said.
“After 44 years, this court can
and should conclude that this
lengthy and complex adjudication
is complete,” he said.
Acquavella determined sur-
face-water rights in Benton, Kitti-
tas, Yakima and a portion of Klick-
itat counties. In Whatcom County,
Ecology also plans to adjudicate
groundwater rights as well.
Supreme Court refuses
challenge to livestock
confinement law
By MATEUSZ PERKOWSKI
Capital Press
The U.S. Supreme
Court has refused to
review a constitutional
challenge against Cali-
fornia’s livestock con-
finement law, which crit-
ics say unlawfully harms
interstate commerce.
Veal and pork cannot
be sold in California if the
animals were restrained
from freely moving around
under a 2018 ballot initia-
tive that was opposed in
federal court by the North
American Meat Institute.
A federal judge refused
to enjoin the law’s imple-
mentation and the 9th U.S.
Circuit Court of Appeals
upheld that ruling last
year.
While NAMI claimed
the California statute
interfered with interstate
commerce, the 9th Cir-
cuit said the law plausibly
doesn’t have a discrimi-
natory effect “because it
treats in-state meat pro-
ducers the same as out-of-
state meat producers.”
The prohibition on con-
finement also doesn’t act
as a “price control” or
affect the meat industry’s
“uniform system of reg-
ulation,” the 9th Circuit
said. The law has restricted
“a specific method, rather
than imposing a burden on
producers based on their
geographical origin.”
The Supreme Court has
now decided against hear-
ing arguments over the 9th
Circuit’s ruling, allowing
the decision to stand.
The meat industry
urged the nation’s high-
est court to take up the
case, arguing the 9th Cir-
cuit’s ruling conflicts with
legal precedents set by the
Supreme Court and other
federal appeals courts.
In practice, the Califor-
nia law “usurps the regu-
latory authority of other
states,” dictates how com-
merce occurs outside its
borders and has a “dev-
astating effect” on farm-
ers whose facilities don’t
comply with the regula-
tion, according to NAMI.
The meat industry’s
position was backed by
20 states, which asked the
Supreme Court to review
the lawsuit because the
9th Circuit’s ruling means
“states are entirely free to
regulate out-of-state con-
duct” as long as they don’t
involve price controls.
“The decision below
therefore not only threat-
ens economic balkaniza-
tion among states but also
upends the fundamental
principle of equal state
sovereignty,” according to
a brief from the 20 states.
California’s
govern-
ment urged the Supreme
Court against reviewing
the lawsuit, claiming the
regulation of in-state con-
duct is not “impermissi-
bly extraterritorial” just
because it has some effects
outside a state’s borders.
“If an out-of-state pro-
ducer does not provide
the amount of space spec-
ified in the statute to a
particular calf or breed-
ing pig, the only conse-
quence under California
law is that the meat from
that animal may not be
sold ‘within the state,’”
according to California’s
brief.
The Humane Society
of the United States, an
animals rights nonprofit,
said the ruling isn’t worth
Supreme Court review
because it only pertains to
a preliminary injunction
and “lacks a full factual
record” regarding inter-
state commerce impacts.
The
animal
rights
group also argued the eco-
nomic effects of Califor-
nia’s statute are exagger-
ated by the meat industry.
Some major meat pro-
ducers, including NAMI
members, are complying
with the livestock con-
finement standards so
there is “reason to believe
that petitioner’s hyper-
bolic exposition regard-
ing out-of-state impacts
will founder,” the group
said.
EO Media Group File
U.S. potato industry groups have sent a letter to Agriculture Secretary Tom Vilsack and U.S. Trade Representa-
tive Katherine Tai about heading off trade problems with Mexico.
U.S industry seeks help in keeping Mexico open to fresh potatoes
By BRAD CARLSON
Capital Press
Potato organizations are urging the
U.S. to maintain a “trust but verify”
stance ensuring fresh potatoes can be
imported to all of Mexico.
Mexico’s Supreme Court in late
April lifted a longtime ban on full
importation of U.S. fresh potatoes,
allowing access to 130 million new
consumers. The imports were previ-
ously allowed only within about 16
miles of the U.S.-Mexico border.
“Despite these positive develop-
ments, as we approach the finish line
in this longstanding dispute, there
are serious concerns about the long-
term prospects for successful market
access for U.S. potatoes in Mexico,”
National Potato Council CEO Kam
Quarles wrote to U.S. Agriculture
Secretary Tom Vilsack and U.S. Trade
Representative Katherine Tai. Seven-
teen state potato groups also signed
the June 28 letter.
Mexico’s government is “only
grudgingly allowing access for U.S.
potatoes, as the Mexican potato cartel
(CONPAPA) is exerting great politi-
cal power to impede competition with
the U.S.,” Quarles said. “This causes
serious concern among U.S. potato
growers that access to the Mexican
market will be only temporary before
Mexican officials invent a way to halt
imports again.”
Quarles wrote that in April Mexi-
co’s agricultural regulatory agency,
SENASICA, without notice, required
additional sanitary samplings of
U.S. potatoes “to be sent to a labora-
tory selected and paid for by CON-
PAPA. The clear goal of this unilateral
change is to manufacture a reason to
close the market to U.S. fresh potatoes
at some point.”
He said the Mexican government
and potato industry for years acted to
undermine agreements made to fully
open the market to U.S. fresh pota-
toes. He listed seven examples since
2003.
“Given this history and these recent
developments, we urge USDA and
USTR to maintain a ‘trust but verify’
stance with Mexico,” Quarles said.
“Without some sort of leverage, the
pattern of CONPAPA’s political influ-
ence causing the Mexican government
to close the market will simply repeat
itself.”
As for a solution, “to help ensure
Mexico’s commitment to allowing
full access for our potatoes into Mex-
ico, one option is to offer any addi-
tional access for Mexican avocados to
the U.S. as provisional,” he said. “The
Mexican avocado industry would
therefore be an active participant in
urging their government to resist the
political pressure that harmed U.S.
farmers in the past.
“Absent such leverage, we believe
that any market access the Mexican
government may provide to the U.S.
will not be durable,” Quarles said.
If Mexico delays reinstating full
access for U.S. fresh potatoes or ille-
gitimately restricts the market, “we
strongly urge USDA and USTR to
move forward with the dispute reso-
lution process under the U.S.-Mex-
ico-Canada Agreement and thereby
seek to apply tariffs against Mexican
exports to the U.S. such as avocados,”
he said.
Idaho Potato Commission Interna-
tional Marketing Director Ross John-
son said the state’s farmers finished
planting before the Mexican Supreme
Court decision. They did not plant
based on that market opening fully.
“We’re going to be just fine,”
he said. “We already have a lot of
demand for our product and are confi-
dent we can move our crop.”
But opening all of Mexico to U.S.
fresh potato imports would increase
overall demand, Johnson said. Con-
sumers there would have access to
more varieties, for example.
The Idaho commission is fostering
relationships with brokers, distribu-
tors and retailers there, he said.
LEGAL
PURSUANT TO ORS
CHAPTER 87 
Notice is hereby given that the
following vehicle will be  sold,
for  cash to the highest bidder, on
07/05/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2019 HYUNDAI IONIQ SW
VIN = KMHC65LC6KU179733
Amount due on lien $1435.00 
Reputed owner(s)
FLEXDRIVE SERVICES LLC
HYUNDAI MOTOR FINANCE
LEGAL
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CHAPTER 87 
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following vehicle will be  sold,
for  cash to the highest bidder, on
07/05/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2014 ACURA TXS 4D
VIN = JH4CU2F61EC004264
Amount due on lien $1435.00 
Reputed owner(s)
ANNA L VARGAS
CAPITAL ONE AUTO FINANCE
LEGAL
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CHAPTER 87 
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following vehicle will be  sold,
for  cash to the highest bidder, on
07/05/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2019 HYUNDAI KONA UT
VIN = KM8K5CA53KU253813
Amount due on lien $1435.00 
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TED R & DEBBIE K STEINKE
JPMORGAN CHASE BANK NA
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following vehicle will be  sold,
for  cash to the highest bidder, on
07/12/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2013 HONDA ACCORD 4DR
VIN = 1HGCR3F84DA025082
Amount due on lien $3635.00 
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HEATHER L BECKNER
DIGITAL FED CR UN
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CHAPTER 87 
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following vehicle will be  sold,
for  cash to the highest bidder, on
07/12/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2014 RAM 1500 CW
VIN = 1C6RR7KT6ES240959
Amount due on lien $1455.00 
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CONNIE & EUGENE GRAHAM
ONPOINT COMMUNITY CREDIT
UNION
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CHAPTER 87 
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following vehicle will be  sold,
for  cash to the highest bidder, on
07/05/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2019 WILD 31FT CT
VIN = 4X4TWCC25KT018208
Amount due on lien $1455.00 
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BRANDI M & JARIT D PITOCHELLI
ALASKA USA FEDERAL C.U.
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for  cash to the highest bidder, on
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at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2016 KEYS COLEMAN TRL
VIN = 4YDT23528GY933298
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ROWANNE & SAM J HALEY
OREGON STATE CREDIT UNION
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for  cash to the highest bidder, on
07/05/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2013 NISSAN NV200 4DR
VIN = 3N6CM0KN7DK696300
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OLGALIDIA REYES RESENDIS
SELCO COMMUNITY C.U.
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CHAPTER 87 
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following vehicle will be  sold,
for  cash to the highest bidder, on
07/05/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2019 NISSAN ALTIMA 4DR
VIN = 1N4BL4BV6KC214594
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ASA MOHAMED MAHAMUD
CARMAX BUSINESS SERVICES LLC
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CHAPTER 87 
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following vehicle will be  sold,
for  cash to the highest bidder, on
07/05/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2017 TOYOTA HIGHLANDER UT
VIN = 5TDDZRFH1HS369306
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DIRECT MOTORZ LLC
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CHAPTER 87 
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following vehicle will be  sold,
for  cash to the highest bidder, on
07/05/2021.  The sale will be held
at 10:00am by 
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2885 NATIONAL WAY WOODBURN, OR 
2017 BMW X3 4DR
VIN = 5UXWZ7C37H0V91372
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FINANCIAL SERVICES VEH TRUST
S251104-1
S249840-1
S251103-1
S249835-1
S249848-1
S249833-1
S249847-1
S249831-1
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S249830-1
S249829-1
S251113-1
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CHAPTER 87 
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following vehicle will be  sold,
for  cash to the highest bidder, on
07/05/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2010 TOYOTA RAV 4 UT
VIN = 2T3ZF4DV1AW027093
Amount due on lien $2435.00 
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KARI JEAN REGAS
S251112-1
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CHAPTER 87 
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following vehicle will be  sold,
for  cash to the highest bidder, on
07/12/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2017 FORD F 150 PU
VIN = 1FTEW1EP8HFA60570
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HAMMERSON ELECTRIC LLC
S251111-1
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CHAPTER 87 
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following vehicle will be  sold,
for  cash to the highest bidder, on
07/12/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2018 HONDA CR V LL
VIN = 2HKRW2H88JH655281
Amount due on lien $1515.00 
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AN THUY & QUYNH NGOC NGUYEN
FIFTH THIRD BANK NATL ASSOC
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CHAPTER 87 
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following vehicle will be  sold,
for  cash to the highest bidder, on
07/12/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2018 HONDA ACCORD 4DR
VIN = 1HGCV1F33JA072006
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ALLSTATE INSURANCE
S251109-1
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CHAPTER 87 
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following vehicle will be  sold,
for  cash to the highest bidder, on
07/12/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2012 DODGE 3500 PK
VIN = 3C7WDTCL2CG265186
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NICHOLAS VILLASENOR VALENCIA
S249845-1
LEGAL
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CHAPTER 87 
Notice is hereby given that the
following vehicle will be  sold,
for  cash to the highest bidder, on
07/12/2021.  The sale will be held
at 10:00am by 
COPART OF WASHINGTON INC 
2885 NATIONAL WAY WOODBURN, OR 
2017 HONDA CIVIC 4DR
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Amount due on lien $1515.00 
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DAWN MARIE DINGMAN