Friday, June 24, 2022 CapitalPress.com 3 Irrigators in Oregon’s Harney Basin face uncertain path forward By MATEUSZ PERKOWSKI Capital Press A community-based plan for curbing exces- sive groundwater pumping in Oregon’s Harney Basin is nearly done, potentially offering an alternative to government-mandated irri- gation shutdowns. The recommendations are expected to be finished next year, concluding roughly six years of negotiations between water users, envi- ronmental advocates and government officials. Whether the strat- egy amounts to anything more than a stack of papers remains unknown, though. The fear is that the steps outlined in the “place-based” plan won’t actually be imple- mented even if they’re offi- cially approved by the Oregon Water Resources Commission, said Rep. Mark Owens, R-Crane, an alfalfa farmer who’s helped write the plan. “Thanks for your six years of work. We’ll put your plan on a shelf and talk to you later,” Owens said of that possibility. For several years, the “collaborative” group that’s developed the plan has asked Oregon water regulators whether they’’ll throw their weight behind the integrated strategy in lieu of a purely enforcement-based solution. The question of what “state recognition” will actu- ally mean for the plan arose during the commission’s most recent meeting on June 17, but state officials did not have a certain answer. “In concrete terms, we don’t know either,” said Meg Reeves, the commission’s chair and a retired attorney for Oregon State University. Hopefully, the commis- sion will have more clarity by the time the plan is actu- ally completed, she said. The problem can’t be blamed on indecisiveness by the commission or the state Water Resources Depart- ment, since it’s the result of ambiguity in state law, said Owens. “They’re struggling with it, too,” he said. “They don’t know what it means.” The Harney Basin’s plan was developed under the OWRD’s authority to issue grants for “place-based” water resources strategies, which lawmakers originally created in 2015. However, the statute doesn’t explain the value of these “place-based” plans or how they’ll be implemented, Owens said. “There was just no meat on the bones about what actually happened after the plan,” he said. Fleshing out those details will require further action by the Legislature, which will have an opportunity to revisit the issue next year, Owens said. Unless agency’s place- based planning authority is extended, it’s set to expire in mid-2023. As with any substantive change to water law, expand- ing the scope of place-based planning is easier said than done. Instead of implementing the plan’s recommendations, state water regulators may instead declare the Harney Basin a “critical groundwa- ter area.” That will provide OWRD with the power to shut down previously-permitted groundwater pumping — a blunt regulatory tool that’s raised concerns about serious damage to the irrigation-de- pendent local economy. Even if the collabora- tive’s approach is adopted, voluntary steps are likely to occur on a parallel track with enforcement actions under a critical groundwater area designation, Owens said. “It’s going to have to be the carrot and the stick,” he said. The integrated plan’s strategy may prove contro- versial among the region’s irrigators. Those with senior water rights would be less likely to face immediate enforce- ment and some may not see the value in voluntary curtailments. Whatever approach is taken, it’s virtually inevi- table that irrigation will be decreased to stabilize the basin’s over-appropriated groundwater levels, Owens said. “We’re going to have to dry some water up. There’s no doubt in my mind.” A strict regulatory approach could shut off 60-70% of the basin’s irriga- tion water, which would have serious impacts to the com- munity, he said. The integrated plan, on the other hand, would decrease water use by helping farm- ers invest in more efficient irrigation equipment and to switch away from alfalfa to less thirsty crops, among other steps. “We’re going to have to get creative,” Owens said. While the collaborative group has been devising the plan, OWRD has worked with the U.S. Geological Survey on a comprehensive groundwater study of the basin, which was completed this year. The research and analysis have given the agency a more detailed “water budget” of the basin’s groundwater flows, and how they’re affected by geology, said Justin Iverson, OWRD’s groundwater sec- tion manager. ODFW OKs killing more wolves from NE Oregon pack By GEORGE PLAVEN Capital Press JOSEPH, Ore. — The Oregon Department of Fish and Wildlife has approved killing more wolves from the Chesnimnus pack in Wal- lowa County to curb attacks on livestock. ODFW issued its second kill permit for Chesnimnus wolves on June 17 after two yearling males were already removed from the pack under a separate permit ear- lier this spring. Since April 25, ODFW biologists have attributed five confirmed and two “probable” depredations of cattle to the pack in graz- ing pastures north of Joseph. The two most recent inci- dents were investigated June 4. The agency issued its first permit April 29 to cull two wolves from the pack. One yearling male was shot May 3, and the second on June 10. Four days later, ODFW again authorized lethal take — this time for four Chesnimnus wolves, citing an ongoing threat to live- stock in the area. The permit runs through July 17. ODFW The breeding male of the Chesnimnus Pack caught on camera during the winter survey on U.S. Forest Service land in northern Wallowa County, Ore., in 2018. The decision has again inflamed emotions among both ranchers and wild- life advocates who disagree sharply about how wolves should be managed. Oregon has at least 175 wolves state- wide, though that is a mini- mum estimate based on veri- fied evidence. Sristi Kamal, senior Northwest representative for Defenders of Wildlife, said that if the latest permit is fully executed, it will jeop- ardize the survival of the Chesnimnus pack. The pack had at least nine members by the end of 2021, according to ODFW’s annual popula- tion survey. “We are hoping that ODFW will not target help- less pups again but that means the permit will essen- tially wipe out most of the adult and yearling mem- bers,” Kamal said in a state- ment. “Depending on which two (or) three wolves are left, the survival chances of the pups decreases significantly.” Kamal said the timing of the permit was also con- cerning, since there were no further documented dep- redations between the two permits. “This permit feels unjus- tified,” she said. Ranchers, meanwhile, have argued for killing the entire Chesnimnus pack, claiming that non-lethal deterrents such as patrolling cattle and adjusting grazing schedules are not working to prevent losses. John Williams, wolf com- mittee co-chairman for the Oregon Cattlemen’s Asso- ciation, said one heavily affected producer on Crow Creek has done everything humanly possible to keep wolves away from his herd. “He’s still getting harassed, cattle chased and run through fences,” Wil- liams said. “It’s ongoing and it’s continuing ... The wolves that are there have decided to turn to livestock.” ODFW agreed, stat- ing that while the rancher has increased human pres- ence to scare off wolves and removed potential attrac- tants such as bone piles and carcasses, attacks on cattle have continued. Ballot title certified for revived animal cruelty initiative By GEORGE PLAVEN Capital Press SALEM — A controver- sial voter initiative in Oregon that would remove exemp- tions for farming and ranch- ing under the state’s animal cruelty laws is being revived for another run. Proponents of Initia- tive Petition 3 — named the Abuse, Neglect and Assault Exemption Modification and Improvement Act — took another step toward qualify- ing for the 2024 general elec- tion after being issued a cer- tified ballot title on June 13. IP3 is essentially a reboot on Initiative Petition 13, which was filed last year for the 2022 election. It calls for amending Oregon’s ani- mal abuse and neglect stat- utes, abolishing longstanding exemptions for agriculture. The result would make it a crime to slaughter livestock for food, while also banning common animal husbandry practices such as branding and dehorning cattle. Artifi- cial insemination would fur- thermore be considered sex- ual assault of an animal, a Class C felony. Exemptions for hunting, fishing, rodeos, pest control, scientific research and wild- life management would like- wise be stripped away under the the proposal. According to the “Yes on IP3” campaign website, the laws would retain exemp- tions for killing or injuring George Plaven/Capital Press Holstein cows eat feed in- side the dairy barn at Til- la-Bay Farms in Tillamook, on Oregon’s North Coast. animals in cases of self-de- fense and providing veteri- nary care. David Michelson, a Port- land-based animal rights activist and lead organizer for the campaign, said IP13 failed to garner enough signatures for the 2022 ballot because, “unlike the claims some have made that we receive funding from the likes of (George) Soros or (Bill) Gates, this is a very grassroots initiative that had started with very few team members.” “Since we started this pro- cess in November 2020, we have steadily grown in sup- port and are hopeful of our chances for qualifying in 2024,” Michelson said in response to questions emailed by the Capital Press. Petitioners filed IP3 on March 16. It is largely the same as IP13, but with two additions, Michelson said. First, he said IP3 would remove additional exemp- tions for livestock and farmed animals under animal neglect statutes requiring they have access to “adequate bedding, adequate shelter and other minimum care provisions.” Second, the initiative would make it so that anyone convicted of animal cruelty could not own any animal for 5-15 years, depending on the severity of the crime. While the attorney gen- eral did certify the ballot title for IP3, supporters are not yet approved to start circulat- ing the petition. Those who commented on the draft bal- lot title for IP3 may appeal the certified title to the Ore- gon Supreme Court. Appeals are due June 28. If approved, the cam- paign would need to collect 112,020 signatures to place IP3 on the 2024 ballot. As it was with IP13, farm- ing, ranching and hunting groups fiercely oppose the measure and are preparing to push back against it. Tami Kerr, executive director of the Oregon Dairy Farmers Association, said IP3 would put dairies and cattle producers out of busi- ness, hurting rural communi- ties statewide. “I know how hard our producers work, my fam- ily included. It’s personally offensive,” Kerr said. “As crazy as this is, and as neg- ative as it would be to our rural communities, I would hope that a lot of our elected officials would speak out in opposition to it, our state sen- ators included.” Sarah Bassing/University of Washington WDFW kills two wolves in Togo pack By DON JENKINS Capital Press Two wolves in a pack that has been preying on calves in northeast Wash- ington have been killed by the Washington Depart- ment of Fish and Wildlife. The department removed an adult male June 17 in the Togo pack territory in Ferry County. A yearling female wolf was removed June 14. The department said it does not plan to kill more wolves, though it may if the pack contin- ues to attack cattle. The department counted seven wolves in the Togo pack at the end of 2021. Fish and Wildlife Direc- tor Kelly Susewind on June 13 authorized removing up to two wolves. The depart- ment had documented four attacks on private grazing lands in the past month. The last predation was confirmed June 11. According to the depart- ment, wildlife managers stand a better chance of changing a pack’s habits if wolves are removed within two weeks of a predation. The Togo pack has had a history of attacking cat- tle. Previously, the depart- ment had killed one wolf in five lethal-control orders dating back to 2018. Fish and Wildlife des- ignates the Togo pack ter- ritory a chronic-conflict zone, the only one in the state. With the designa- tion has come heightened expectations for ranch- ers to employ range-riders and other non-lethal ways to protect livestock from wolves. The department con- cluded that even with the non-lethal measures in place, the pack would con- tinue to prey on cattle. 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