CapitalPress.com
Friday, July 16, 2021
Groundwater
pump-
ers in the drought-stricken
central Idaho mountains
resumed irrigating crops
after reaching a settlement
with holders of senior sur-
face water rights.
Idaho Department of
Water Resources Director
Gary Spackman July 1 cur-
tailed about 140 groundwa-
ter users on 23,000 acres in
the Bellevue Triangle area
of Blaine County to pro-
tect holders of senior sur-
face-water rights.
He stayed that order as
part of the settlement, to
which he agreed July 8.
IDWR, Gov. Brad Little’s
office and House Speaker
Scott Bedke, R-Oakley,
participated.
The settlement “is an
important first step and sets
the stage for a long-term
solution in the Wood River
area,” Little said in a July
9 release. “I appreciate the
efforts by the surface and
groundwater users to come
Capital Press File
Groundwater pumpers in the drought-stricken central
Idaho mountains resumed irrigating crops after reach-
ing a settlement with holders of senior surface water
rights.
to a resolution that protects
senior water rights while
allowing some groundwa-
ter pumpers the ability to
provide valuable crops.”
Pat Purdy grows forage
crops, malt barley and mus-
tard on a farm near Picabo.
He was affected by the July
1 shutoff.
“No doubt the timing
of this was difficult in that
there was definitely dam-
age done,” Purdy told Capi-
tal Press. Barley, alfalfa and
other forage crops suffered.
“I want to acknowledge
the efforts of everybody
involved,” he said. With-
out that cooperation and
willingness to negotiate, “I
don’t think we would have
reached an agreement.”
Growers are in a much
better situation than they
were previously, Purdy
said.
“We’re still in a seri-
ous drought. There are still
going to be crop losses,”
he said. “But it’s a definite
improvement over where
we were.”
Spackman on July 7
received a term sheet. He
agreed to adopt it as the
basis for the amended mit-
igation plan, which he
approved July 8.
He instructed Basin 37
Watermaster Kevin Lakey
to monitor groundwater
diversions and reinstate
curtailment if groundwater
users do not comply.
Groundwater users must
add natural flow to the Lit-
tle Wood River, acquire
stored water for delivery
to the river and end diver-
sions by Aug. 15, with
some exceptions for seed
potatoes.
The Idaho Ground
Water Appropriators Inc.
in a response filed with
IDWR commended the
parties. The group said it
is concerned about some
planned activities, such as
using Snake River stor-
age water to mitigate out-
of-basin
groundwater
pumping.
LEGAL
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF WASHINGTON
In re
Chapter 11
EASTERDAY RANCHES, INC., et al.
Lead Case No. 21-00141-11
Jointly Administered
BEND, Ore. — Pam Col-
lins Forrester died July 6,
2021, at the Bend Transi-
tional Care facility.
A life-long Oregonian
of 79 years, Mrs. Forrester
taught school in three dis-
tricts, promoted the visual
arts, served as a political
campaign adviser and in state
government as an ombuds-
man in the mid-1980s.
Born Pamela Baird Hol-
fert in Portland in 1942, she
grew up in coastal Lincoln
County, attended high school
in Portland and earned a
bachelor’s degree in 1964 in
art education from the Uni-
versity of Oregon in Eugene.
She was a member of Pi Beta
Phi.
In 1965, she married
Douglas Collins. They had
three sons — all of whom
survive — Dan of Eugene,
Timm of Bend and Mike
of Kirkland, Wash. She is
also survived by grandsons
Owen of Bend and Barry of
Kirkland.
In 1989, she married Mike
Forrester, who has been edi-
Expected almond crop
shrinks 10% during drought
MODESTO, Calif. —
USDA on Monday reported
the 2021 California almond
crop is likely to be 10%
smaller than last year during
a severe statewide drought.
The California Almond
Objective
Measurement
Report, an annual crop fore-
cast by USDA’s National
Agricultural Statistics Ser-
vice, estimated the 2021
crop will weigh in at 2.8 bil-
lion meat pounds, compared
to last year’s record 3.1 bil-
lion pounds.
The average kernel
weight for all varieties sam-
pled was 1.46 grams, down
3% from the 2020 average
weight — a possible indi-
cator of drought impacts on
nut size.
The drop comes during a
difficult water year. Experts
say drought stress to trees,
water restrictions and defi-
cit irrigating may be con-
tributing to the smaller
expected harvest.
This June was the dri-
est Central California has
seen in 127 years, accord-
ing to the National Inte-
grated Drought Information
System, maintained by the
National Oceanic and Atmo-
spheric Administration.
Richard Waycott, pres-
ident and CEO of the
Almond Board of Cali-
fornia, said he’s not wor-
ried about a smaller har-
vest. The past two years,
2019 and 2020, were “super
bumper crop years,” he
said, and 2021’s predicted
2.8-billion-pound crop falls
more in line with “conven-
tional wisdom” of what he
would expect from existing
acreage.
Year over year, as Cal-
ifornia almond acreage
grows, crop volumes usu-
ally grow too — but not
always. Four out of the past
10 USDA June reports have
shown a decrease rather
than increase in expected
poundage.
A smaller 2021 crop,
Waycott said, may not be
bad. While the industry
doesn’t have “excessive
inventories” from last sea-
son, he said, there are some
nuts in storage due in part to
COVID-related disruptions.
A smaller supply this year
could mean better prices for
growers.
“With
such
strong
demand, competition for
the 2021 crop could lead
to a much-needed increase
in the return for growers,
which is currently below
the cost of production due
to the recent record crop,”
he said.
Waycott said he believes
the 2021 crop is a good size
and the industry is still “a
long ways” from satiating
global demand.
“The report still forecasts
a really large crop, and it’s
further proof that Califor-
nia is an ideal place to grow
almonds, even in difficult
times,” Kent Stenderup,
chair of the Almond Board
of California, said in a
statement.
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
07/19/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2016 NISSAN SENTRA 4DR
VIN = 3N1AB7AP9GY334999
Amount due on lien $1555.00
Reputed owner(s) NATALIE
RENEE WING
SANTANDER CONSUMER USA
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
07/19/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2016 MERZ GLC 300 LL
VIN = WDC0G4KB3GF017278
Amount due on lien $1555.00
Reputed owner(s) LORI ELLEN &
TIMOTHY ALVIN BAUGUS
LEGAL
PURSUANT TO
ORS CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
07/26/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2012 TOYOTA RAV 4 LL
VIN = JTMBF4DV6CD043923
Amount due on lien $1435.00
Reputed owner(s)
DANIEL J HASS
LEGAL
PURSUANT TO ORS CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder,
on 07/26/2021. The sale will be
held at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2015 HYUNDAI SONATA 4DR
VIN = KMHEC4A48FA133786
Amount due on lien $1735.00
Reputed owner(s)
WILLIAM A & KERA L O BOAZ
FIFTH THIRD BANK NATL ASSOC
LEGAL
PURSUANT TO
ORS CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
07/26/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2012 V W GTI 4DR
VIN = WVWGD7AJ1CW236225
Amount due on lien $1455.00
Reputed owner(s)
LUIS FERNANDO NIEVES GONZALES
MARION/POLK SCHOOLS C.U
LEGAL
PURSUANT TO
ORS CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
07/26/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2005 CHALLENGER 34FT MH
VIN = 5B4MP67G043392393
Amount due on lien $1455.00
Reputed owner(s)
ROBERT BALDWIN
WELLS FARGO BANK NA
By SIERRA DAWN McCLAIN
Capital Press
On February 1, 2021, and February 8, 2021, respectively, Ranches and Farms (together, the “Debtors”), commenced chapter 11 bankruptcy cases (the
“Bankruptcy Cases”) in the U.S. Bankruptcy Court for the Eastern District of Washington (the “Bankruptcy Court”).
The Debtors operate commercial farms and ranches that utilize multiple farms, feedlots, ranches, and other facilities that are commonly referred to as
Nine Canyon Farm, Goose Gap Farm, River Farm, Cox Farm, Farm Manager House, and Storage Complex (the “Property”). The Property is owned in part
by the Debtors (the “Debtor Property”) and in part by the Easterdays (the “Easterday Property”).
To maximize the value of the Property, the Debtors and the Easterdays determined that the Property should be marketed for sale together. Accordingly,
on March 26, 2021, the Debtors filed two motions with the Bankruptcy Court: (i) a motion to approve a cooperation agreement (the “Cooperation Agreement”)
between the Debtors and the Easterdays (together, the “Sellers”) and (ii) a motion (x) establishing a process to sell the Property and (y) to approve the sale of
the Property at the conclusion of such process (the “Sale Motion”).
On April 28, 2021, the Bankruptcy Court entered an order (the “Cooperation Agreement Order”) approving the Cooperation Agreement between
and among the Debtors and the Easterdays. On April 29, 2021, the Bankruptcy Court entered the Bidding Procedures Order which, among other things, (i)
approved procedures for submitting offers and bidding at an auction for the Property (“Bidding Procedures”), (ii) approved procedures for the assumption and
assignment of certain executory contracts and unexpired leases, (iii) scheduled a hearing on the sale, and (iv) granted related relief.
On May 19, 2021, the Sellers, entered into a purchase and sale agreement (the “Stalking Horse APA”) with Farmland Reserve, Inc. (“FRI” or the
“Stalking Horse Bidder”), pursuant to which, and subject to higher and better offers in accordance with the Bidding Procedures:
(i) the Debtors shall acquire the Easterday Property, upon which transfer all of the Easterday Property shall constitute
property of the Debtors’ bankruptcy estates in the Bankruptcy Cases and for which the Easterdays shall receive, subject to the approval
of the Bankruptcy Court, an allocable interest in the Net Sale Proceeds, as such term is defined in the Cooperation Agreement;
(ii) the Debtors shall sell, assign, transfer, convey and deliver to FRI, and FRI shall acquire and accept from Debtors, free
and clear of all Claims, Rights, and Encumbrances (as defined in the proposed Sale Order attached to the Stalking Horse APA), all of
the Debtors’ rights, title and interest in and to the Property; and
(iii) FRI shall pay $188,000,000 plus any transfer taxes or the like “Purchase Price” for the Property ((i) through (iii), the
“Sale”).
Also on May 19, 2021, the Debtors supplemented the Sale Motion with their motion to designate FRI as the Stalking Horse Bidder, approve the bid
protections in the Stalking Horse APA, and supplement the relief requested by the Debtors in the Sale Motion to include authorization for the Debtors to
acquire all rights, title and interest in and to the Easterday Property for the purpose of including the Easterday Property in the Sale, pursuant to the Stalking
Horse APA (“Supplemental Bidding Procedures Motion”).
On May 28, 2021, the Bankruptcy Court entered an order granting the Supplemental Bidding Procedures Motion, pursuant to which the Bankruptcy
Court (i) approved the Stalking Horse APA as the Stalking Horse Bid and FRI as the Stalking Horse Bidder, (ii) authorized the Debtors to enter into and
perform under the Stalking Horse APA, subject to higher or otherwise better offers by other qualified bidders, and (iii) approved the Debtors’ request to
supplement the relief requested by the Debtors in the Sale Motion to include authorization for the Debtors to acquire all rights, title and interest in and to the
Easterday Property for the purpose of consummating the Sale with the Stalking Horse Bidder, subject to higher or otherwise better offers by other qualified
bidders at an auction (the “Auction”) to be held on June 14, 2021, commencing at 10:00 a.m. (Pacific Time) (“Supplemental Bidding Procedures Order”).
THE BANKRUPTCY COURT HAS CURRENTLY SET JUNE 30, 2021 AT 4:00 P.M. (PACIFIC TIME) AS THE DEADLINE FOR ALL
OBJECTIONS TO THE SALE (THE “SALE OBJECTION DEADLINE”).
All objections to the Sale and related relief must: (a) be in writing; (b) be signed by counsel or attested to by the objecting party; (c) conform to the
Federal Rules of Bankruptcy Procedure and the Local Rules of the Bankruptcy Court (“Local Rules”); (d) be filed with the Clerk of the Bankruptcy Court, 402
E. Yakima Avenue, Yakima, WA 98901 by no later than the Sale Objection Deadline; and (e) be served in accordance with the Local Rules so as to be received
on or before the Objection Deadline by the following: (i) counsel to the Debtors: (a) Bush Kornfeld LLP, 601 Union Suite, Suite 500, Seattle, WA 98101,
Attention: Armand J. Kornfeld (jkornfeld@bskd.com) and Thomas A. Buford (tbuford@bskd.com); and (b) Pachulski Stang Ziehl & Jones, LLP, 10100 Santa
Monica Boulevard, 13th Floor, Los Angeles, CA 90067, Attention: Richard M. Pachulski (rpachulski@pszjlaw.com), Ira D. Kharasch (ikharasch@pszjlaw.
com), Jeffrey W. Dulberg (jdulberg@pszjlaw.com) and Jason H. Rosell (jrosell@pszjlaw.com); (ii) the Office of the United States Trustee for the Eastern
District of Washington, 920 W Riverside Ave, Suite 593, Spokane, WA 99201, Attn: Gary W. Dyer (Gary.W.Dyer@usdoj.gov); (iii) counsel to the Stalking
Horse Bidder, Stoel Rives LLP, 600 University Street, Suite 3600, Seattle, WA 98101, Attention: Oren B. Haker (oren.haker@stoel.com) and Ellen E. Ostrow
(ellen.ostrow@stoel.com); and (iv) those parties who have filed notices of appearance and/or requested service of all motions and pleadings in these Chapter
11 Cases prior to the date of service thereof.
THE SALE SHALL BE FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES OR OTHER INTERESTS UNDER
SECTION 363 OF THE BANKRUPTCY CODE. THE ASSIGNMENT OF CERTAIN OF THE SELLERS’ CONTRACTS AND LEASES MAY
BE APPROVED AND AUTHORIZED BY THE BANKRUPTCY COURT ABSENT A TIMELY OBJECTION BY ANY PERSON OR ENTITY
CLAIMING AN INTEREST OR RIGHT IN SUCH CONTRACT OR LEASE. THE FAILURE OF ANY PERSON OR ENTITY TO FILE
AND SERVE AN OBJECTION ON OR BEFORE THE SALE OBJECTION DEADLINE MAY BE DEEMED CONSENT TO ANY SALE OR
ASSIGNMENT APPROVED BY THE BANKRUPTCY COURT AND MAY BE A BAR TO THE ASSERTION OF ANY LIENS, CLAIMS,
RIGHTS, ENCUMBRANCES OR OTHER INTERESTS IN THE PROPERTY SOLD, ASSIGNED OR OTHERWISE TRANSFERRED TO THE
STALKING HORSE BIDDER OR THE SUCCESSFUL BIDDER(S), AND MAY BE A BAR TO ANY RECOVERY AGAINST THE STALKING
HORSE BIDDER OR OTHER SUCCESSFUL BIDDER(S).
IF YOU ARE A CREDITOR OF THE SELLERS OR A CONTRACT OR LEASE COUNTERPARTY TO ANY OF THE SELLERS, YOUR
RIGHTS MAY BE AFFECTED BY THE SALE OF THE PROPERTY TO THE STALKING HORSE BIDDER OR OTHER SUCCESSFUL
BIDDER(S). You should review the documents related to the Sale and discuss them with your attorney. If you do not have an attorney, you may wish to
consult one. Sale documents, including the Stalking Horse APA, Sale Motion, Bidding Procedures Order, Supplemental Bidding Procedures Order, and
proposed sale order, can be obtained through the Bankruptcy Court or by requesting copies from the Debtors’ bankruptcy counsel by email to Jason Rosell
(email: jrosell@pszjlaw.com). If you do not want the Bankruptcy Court to approve the Sale, you must file an objection with the Bankruptcy Court by
the Sale Objection Deadline as set forth above.
A hearing to confirm the results of the Auction and approve the sale of the Property (the “Sale Hearing”) will be held before the Honorable Whitman
Holt, United States Bankruptcy Judge, on July 14, 2021 at 11:00 a.m. (PT), or at such other time as the Bankruptcy Court permits, in the United States
Bankruptcy Court for the Eastern District of Washington, 402 E. Yakima Avenue, Second Floor Courtroom, Yakima, WA 98901. Parties may appear at the
Sale Hearing by telephone. To make a telephonic appearance, parties must call 877-402-9757; code 7036041. The Debtors may adjourn or reschedule the
Sale Hearing one or more times with prior notice filed on the docket in the Bankruptcy Cases or without prior notice by making an announcement at the Sale
Hearing.
Dates set forth in this notice are subject to change, and further notice of such changes may not be provided except through announcements in open court
and/or the filing of notices in the Bankruptcy Cases. Interested persons or entities are encouraged to monitor the electronic court docket for further updates.
1
2
The Debtors along with their case numbers are as follows: Easterday Ranches, Inc. (21-00141) and Easterday Farms, a Washington general
partnership (21-00176).
The administration of the Estate of Gale Easterday is currently pending in Franklin County Superior Court, Case No. 21-450004-11.
S247845-1
S253255-1
PLEASE TAKE NOTICE OF THE FOLLOWING MATTERS THAT MAY AFFECT YOUR RIGHTS:
S253258-1
NOTICE TO CREDITORS OF EASTERDAY RANCHES, INC. (“RANCHES”); EASTERDAY FARMS (“FARMS”); CODY EASTERDAY
AND DEBBY EASTERDAY, HUSBAND AND WIFE, KAREN EASTERDAY, IN HER INDIVIDUAL CAPACITY AND AS THE PERSONAL
REPRESENTATIVE OF THE ESTATE OF GALE EASTERDAY 2 (COLLECTIVELY, THE “EASTERDAYS”).
S251838-1
Debtors. 1
NOTICE OF SALE OF PROPERTY BY AUCTION,
SALE OBJECTION DEADLINE, AND SALE HEARING
tor of news-
papers
in
Pendleton,
Astoria and
Salem and a
co-owner of
EO Media
Pam Collins Group. He
Forrester
was
edi-
tor and pub-
lisher of the Capital Press.
Mrs. Forrester taught
art and English in Silver-
ton, Eugene and Medford.
In the arts, she chaired the
Mid Valley Arts Council
in Salem and managed the
Maude Kerns Gallery in
Eugene.
She is survived by her
husband, Mike of Bend, and
her brother, Gale of Mill City.
Pam had many passions
— dogs, reading books, poli-
tics and gardening.
She was a strong admirer
of her grandmother, Edith
Baird, who liked to say, “If
you’re going to be in this
(life) then make the most of
it.”
Plans for a memorial ser-
vice are pending.
S251837-1
By BRAD CARLSON
Capital Press
Wife of former
publisher was teacher,
served the arts
S253254-1
Groundwater settlement reached in
drought-stricken central Idaho mountains
S253257-1
4
