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CapitalPress.com
Friday, September 17, 2021
Contempt ruling against Oregon water regulators upheld
By MATEUSZ PERKOWSKI
Capital Press
Oregon water regulators
were correctly held in con-
tempt of court for failing to
comply with an irrigation
settlement deal, according to
the state’s Court of Appeals.
The
state’s
Water
Resources Department must
also pay more than $150,000
in litigation expenses to sev-
eral Harney County irriga-
tors who filed a lawsuit to
enforce the agreement, the
appellate court said.
Sarah Liljefelt, attorney
for the plaintiffs, said she
wishes the contempt case
hadn’t been necessary to get
OWRD to follow through
on its obligations and bring
regulatory certainty for
irrigators.
“I hope the contempt
action will bring the depart-
ment back to the table to give
finality as to how and how
not it will regulate water in
the future,” she said.
The dispute stems from
the agency’s enforcement of
water rights along the Sil-
vies River and the Foley
Slough, which flows from it.
The OWRD claimed that
it had to protect senior irri-
gators after other water
users placed a rock weir in
the Silvies River to force
more water into Foley
Slough without the agen-
cy’s approval.
Irrigators who relied
on water from the Foley
Slough challenged the
OWRD’s
enforcement
orders in 2002, alleging the
agency cut off water to the
entire waterway instead of
regulating individual points
of diversion.
Under the settlement deal
reached in 2006, OWRD
agreed to assess both sets of
irrigators a per-acre fee to
build a water control device
across the river and slough,
allowing water to be split
proportionally among them.
The agency estimated
the project’s cost would top
$435,000, which prompted
OWRD and some water
users to examine alternative
ways to distribute the water
as part of a pilot project.
The agency claimed
these
improvements
allowed it to measure and
control water in compliance
with the settlement deal.
After OWRD withdrew
its court motion to col-
lect money for the device
in 2015, several irriga-
tors along the Foley Slough
accused the agency of con-
tempt of court for not abid-
ing by the settlement.
In 2019, a state judge
ruled that OWRD had com-
mitted contempt of court by
breaching the deal, which
the agency appealed, argu-
ing the court judgment that
ended the lawsuit didn’t
incorporate the settlement’s
terms.
Even if the settlement
was incorporated into the
judgment, OWRD claimed
it had come up with an alter-
native to the water control
device that still satisfied the
deal’s terms.
The Court of Appeals
has now rejected those
arguments.
“Because the record con-
tains evidence to support the
trial court’s finding that the
parties intended to incorpo-
rate the settlement agree-
ment, respondents’ argu-
ment to the contrary fails,”
the appellate ruling said.
The Court of Appeals
also determined that the
OWRD willfully violated
the agreement’s terms and
ordered the agency to pay
the plaintiffs $156,000 in
attorney fees and other
costs.
Liljefelt, the plaintiffs’
attorney, said that her cli-
ents were willing to nego-
tiate another agreement for
regulating water in the river
and slough.
The OWRD wasn’t will-
ing to enter into a new deal,
which forced the irrigators
to file a lawsuit because they
feared the agency would
again shut off water to the
slough.
“Our clients just want
finality as to how water is
managed in the system,”
Liljefelt said. “Our goal isn’t
to require the department to
install an expensive mea-
surement device if it’s not
needed.”
A representative
of
OWRD asked Capital Press
to submit questions about
the appellate court’s rul-
ing in writing but hadn’t yet
responded as of press time.
Biden calls for more investment
in Western wildfire management
By BRAD CARLSON
Capital Press
BOISE — Larger wild-
fires and longer seasons mean
the U.S. must invest more
in wildfire management and
rural communities, President
Joe Biden said during a Sept.
13 visit to the National Inter-
agency Fire Center in Boise.
“From the Yellowstone
fires to today, all has changed
in a drastic way,” he said.
“We are not going back.”
For example, the Dixie
Fire in California now totals
nearly 1 million acres com-
pared to the 800,000-acre fire
that consumed just over one-
third of Yellowstone National
Park 33 years ago.
Biden also visited Sacra-
mento to tour wildfire dam-
age in California.
In Boise, Idaho Gov. Brad
Little told the president fed-
eral agencies have been key
partners with states and oth-
ers in reducing hazardous
fuels across jurisdictional
lines, but the Department of
Justice could help by keeping
approved projects from get-
ting hung up in court.
He also thanked Biden for
getting federal firefighters
into the field promptly in this
year’s busy Western wildfire
season.
Little said in a post-event
statement that it is imperative
to keep lines of communica-
tion open with federal part-
ners, up to the president, on
ways to build a more fire-re-
silient range and forest eco-
system. Two-thirds of Idaho
is public land managed by the
federal government.
Washington State Forester
George Geissler said at NIFC
that safe, effective fire man-
agement requires cooperation
among multiple agencies.
State firefighters, for exam-
ple, so far have responded
to about 33,000 of the coun-
try’s 44,000 fires. The coop-
eration also impacts rural
departments and projects that
Don Jenkins/Capital Press
Diamond M partner Justin Hedrick rounds up cattle on the ranch’s winter grazing
ground in southeast Washington. A federal judge Sept. 10 dismissed a lawsuit seek-
ing to drive the ranch out of the Colville National Forest in northeast Washington.
Evan Vucci/Associated Press
President Joe Biden listens to Idaho Gov. Brad Little
during a visit to the National Interagency Fire Center in
Boise.
Evan Vucci/Associated Press
President Joe Biden speaks
during a visit to the Nation-
al Interagency Fire Center
in Boise, Idaho.
reduce wildfire fuel such as
weeds.
“You have the full support
of my administration,” Biden
said.
“We owe you more than
just our thanks,” he said. “We
owe you what you need.”
Proposed federal Fiscal
2022 budgets included a 62%
increase in hazardous-fuel
treatments by the U.S.
Department of the Interior
and USDA Forest Service.
Biden said his spending
bill sets aside $14 billion
for disaster needs including
$9 billion over a decade for
communities hit by wildfire
and drought.
The administration this
year also bolstered federal
firefighter pay, extended sea-
sonal work periods and con-
tinued the transition to a more
permanent wildland firefight-
ing force; used the Defense
Production Act to restart pro-
duction of short supplies
including fire hose; increased
sharing of satellite images for
monitoring wildfires; directed
the Environmental Protec-
tion Agency to send smoke
and air-quality information
directly to Americans’ mobile
phones; and with Congress
made other investments.
More work needs to be
done, including reducing the
impact from climate change,
Biden said.
“Failure to curb pollu-
tion is going to take its con-
sequence,” the president said.
Idaho State Climatolo-
gist Russ Qualls of the Uni-
versity of Idaho said in an
interview that in the North-
west, climate change ulti-
mately could lead to more
summer lightning in addition
to extended periods for fuels
to dry.
Judge tosses suit that
targeted Diamond M
By DON JENKINS
Capital Press
A federal judge has
dismissed a lawsuit that
sought to drive Diamond
M ranch cattle out of the
Colville National Forest
in northeast Washington.
U.S. District Judge
Rosanna Malouf Peter-
son in Spokane rejected
claims that the Colville
forest’s 2019 manage-
ment plan failed to
address how grazing on
Diamond M allotments
affects wolves.
Peterson ruled Friday
that the plan didn’t harm
wolf advocates because
it’s not the document that
authorizes Diamond M to
graze 736 cow-calf pairs
on five allotments. Graz-
ing permits, individual
allotment plans and oper-
ating instructions allow
the grazing, she said.
“This is good news,”
Diamond M partner Len
McIrvin said Monday.
“That is the right ruling.”
Wildearth
Guard-
ians, Western Watersheds
Project and Kettle Range
Conservation
Group
alleged the 2019 plan vio-
lated the National Envi-
ronmental Policy Act and
the National Forest Man-
agement Act.
Kettle Range direc-
tor Tim Coleman said
the groups will consider
appealing.
“You can’t say the for-
est plan doesn’t have an
effect. It most definitely
has an effect,” he said.
The lawsuit was one of
two filed last year by envi-
ronmental groups seek-
ing to curtail or stop graz-
ing in the 1.1 million-acre
Colville National Forest.
The second suit, still
pending, alleges graz-
ing in the national forest
harms the environment.
Peterson, an Obama
appointee, presides over
that suit as well.
The Diamond M, the
region’s largest ranch,
has been grazing cattle
in the Colville National
Forest for more than 75
years. Wolf advocates
complain that the Wash-
ington Department of
Fish and Wildlife has
been too quick to shoot
wolves for attacking Dia-
mond M cattle.
The ranch intervened
in the lawsuit and vigor-
ously defended its prac-
tices. The Forest Service
argued that the state’s
growing wolf population
belied claims that it was
harming wolves.
Efforts to obtain com-
ment from the agency on
Peterson’s ruling were
unsuccessful.
The unresolved suit
was filed against the For-
est Service by the Lands
Council, Western Water-
sheds Project and Ket-
tle Range Conservation
Group.
The suit alleges the
2019 forest plan allows
excessive grazing that
damages the ecosystem.
Peterson has allowed
the Washington Cat-
tlemen’s
Associa-
tion, Washington Farm
Bureau, the Stevens
County
Cattlemen’s
Association and Public
Lands Council to inter-
vene in the lawsuit to
defend grazing.
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
09/27/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2019 JEEP CHEROKEE 4DR
VIN = 1C4PJMCB9KD141225
Amount due on lien $1535.00
Reputed owner(s)
IOSIA F OFOIA
NAVY FEDERAL C.U.
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
09/27/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2001 UTIL REEFER TRL
VIN = 1UYVS35321U250405
Amount due on lien $1575.00
Reputed owner(s)
UTILITY TRAILER SALES OF OREGON
LLC
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
09/20/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2017 CHEV VOLT HB
VIN = 1G1RA6S55HU166852
Amount due on lien $1575.00
Reputed owner(s) KATRIN GIST
WELLS FARGO BANK ACAR LEASING
LTD
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CHAPTER 87
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following vehicle will be sold,
for cash to the highest bidder, on
09/20/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2012 VOLVO VNL TC
VIN = 4V4NC9EH2CN558329
Amount due on lien $1575.00
Reputed owner(s)
BEJINARU COSMIN
VFS US LLC
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CHAPTER 87
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following vehicle will be sold,
for cash to the highest bidder, on
09/20/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2011 WANC VN
VIN = 1JJV532B8BL369057
Amount due on lien $1575.00
Reputed owner(s)
BKL TRANSPORT LLC
BMO HARRIS BANK NA
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CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
09/20/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2017 DODGE CHARGER 4DR
VIN = 2C3CDXJGXHH660905
Amount due on lien $1575.00
Reputed owner(s) LAURETTA H &
ROBERT A WHITE
CENTRAL WILLAMETTE C.C.U
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CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
09/27/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2020 TOYOTA COROLLA 4DR
VIN = JTDDPRAE2LJ043829
Amount due on lien $1415.00
Reputed owner(s)
GEICO
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
09/27/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2014 DODGE CHARGER 4DR
VIN = 2C3CDXCT2EH338054
Amount due on lien $1415.00
Reputed owner(s)
JOSE & JOSE LEIVA
TD AUTO FINANCE LLC
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
09/27/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2019 HYUN ELANTRA 4DR
VIN = 5NPD74LF7KH452621
Amount due on lien $1435.00
Reputed owner(s)
BRENDA L GONZALES
HYUNDAI MOTOR FINANCE CORP
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
09/27/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2017 HONDA CIVIC 4DR
VIN = SHHFK7H2XHU403692
Amount due on lien $1435.00
Reputed owner(s)
S NARANJO-PEREZ & A KLUTZ
JPMORGAN CHASE BANK NA
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
09/27/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2014 TOYOTA SIENNA VAN
VIN = 5TDYK3DC1ES524085
Amount due on lien $1435.00
Reputed owner(s)
TIFFANY & JOSHUA FLANAGAN
TOYOTA MOTOR CREDIT CORP
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
09/27/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2017 AUDI Q3 4DR
VIN = WA1GCCFSXHR009063
Amount due on lien $1535.00
Reputed owner(s)
LARRY H MILLER TOYOTA PEORIA
S260575-1
S261127-1
S260576-1
S261128-1
S260578-1
S261130-1
S260579-1
S261133-1
S261125-1
S261136-1
S261126-1
S261137-1
S260566-1
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
09/20/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
1993 PTRB 379 TRK
VIN = 1XP5DB9X1PD330978
Amount due on lien $1435.00
Reputed owner(s)
SHAFFER TRANSPORTATION SERV.
S260568-1
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
09/20/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2009 AUDI A4 SW
VIN = WAUXF78K59A144580
Amount due on lien $1435.00
Reputed owner(s)
A.N GAIDAICHUK &
PIOTR TARLOVSCHI
S260569-1
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
09/20/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
1999 SOWI 32FT MH
VIN = 3FCMF53S0XJA18033
Amount due on lien $1435.00
Reputed owner(s)
RICKI W & LISA L WILEY
E TRADE CONSUMER FINANCE CORP
S260570-1
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
09/20/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2020 TOYOTA CAMRY 4DR
VIN = 4T1G11BK7LU003423
Amount due on lien $1535.00
Reputed owner(s)
PATRICK K GROSHONG
TOYOTA MOTOR CREDIT CORP
S260571-1
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
09/20/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2013 HONDA CIVIC 4DR
VIN = 19XFB2F89DE243123
Amount due on lien $1535.00
Reputed owner(s) NANCY G &
DIEGO HERNANDEZ GARCIA
OREGON STATE C.U
S260573-1
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
09/20/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2015 LEXUS IS350 4DR
VIN = JTHBE1D2XF5017006
Amount due on lien $1575.00
Reputed owner(s)
BYRON REED SHINN
DENALI A DIVISION OF NUVISION C.U
