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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Sept. 29, 2017)
REGION Friday, September 29, 2017 ECHO East Oregonian Page 3A PENDLETON Water district patrons drop suit MaySon’s owners against water resource department plan to close store Suit against Westland Irrigation District ongoing By GEORGE PLAVEN East Oregonian A group of patrons suing the Westland Irriga- tion District for allegedly misappropriating water has dismissed a related lawsuit against the Oregon Water Resources Department. According to plaintiffs, the Westland Irrigation District is systematically cheating smaller farms of their senior water rights in order to benefit a few larger farms with junior rights. They filed a lawsuit against the district last year, along with a second lawsuit against the OWRD, which claimed the local watermaster should have intervened. While the case against Westland Irrigation District is proceeding in Umatilla County Circuit Court, the case against OWRD was dismissed with prejudice on Sept. 22. By state law, distribution of water from an irrigation district is under the exclusive control of the district and its board of directors, “unless the water- master has been requested by the district to distribute the water.” In his declaration to the court, District Watermaster Greg Silbernagel said his authority over Westland Irri- gation District is confined to regulating the flow of water from the Umatilla River into the district at its point of diversion, the Westland Diversion Dam near Echo. Michael Haglund, an attorney representing the plaintiffs, said they were pleased to clarify exactly what role the watermaster can play relative to water distribution within the irriga- tion district. “It is now clear what his authority is,” Haglund said. Mike Ladd, region manager for the OWRD in Pendleton, issued a brief statement saying the agency appreciates the court’s deci- sion. The case against West- land, however, continues to move forward in circuit court after it was dismissed in federal court earlier this year. Though a trial date is not yet scheduled, Haglund said they hope to resolve some key legal questions before the 2018 irrigation season. Plaintiffs include ELH LLC, owned by Patrick and Dixie Echeverria; Oregon Hereford Ranch LLC, owned by Doug and Don Bennett; Paul Gelissen; Maurice and Lucy Ziemer; Craig and Cynthia Parks; and Richard and Kristine Carpenter. Together, they farm 1,244 acres of land with water rights from the Umatilla River and McKay Reservoir dating back to 1903. They argue Westland is violating their senior water rights and instead engaged in a misappropriation scheme favoring L&L Farms, Eagle Ranch and Amstad Farms — three operations with junior rights and more than 5,000 acres of farmland. Rather than distribute water on a “first in time, first in right” basis, the plaintiffs claim that the three larger farms are allowed to over-pump water during irrigation season, while the district has failed to properly monitor usage. “It’s supposed to be a priority system,” Haglund said. The plaintiffs are seeking $2.9 million in damages. ——— Contact George Plaven at gplaven@eastoregonian. com or 541-966-0825. Staff photo by Jade McDowell Tractor and car collide on Canal in Hermiston A collision between a Dodge Neon and a tractor blocked traffic on Canal Road near Christley Lane outside Hermiston about 5:30 p.m. Thursday, resulting in one person being transported by ambulance from the scene. No further details were available Thursday evening. BRIEFLY ‘Hard firefighting’ defeats stubble field blaze north of Pendleton Pendleton prohibits burn barrels within the city limits, according to Penninger, but fire districts allow the use of the barrels, but only on “Green Days.” You can call the city’s burn line at 541-966-0327 to find out a day’s burning status. Penninger warned it is “against the law to conduct any open burning that unreasonably interferes with enjoyment of life or property, creates a public or private nuisance, or is a hazard to public safety.” For a complete list of burning regulations, visit the Pendleton Fire Department at 911 S.W. Court Ave., or visit the department’s website at www. pendleton.or.us/fire-ambulance. PENDLETON — Eight firefighters, 750 gallons of water and a lot of effort Wednesday afternoon curtailed a wind- whipped stubble field blaze near Helix. The East Umatilla County and Helix rural fire protection districts at about 2:50 p.m. responded to the fire off Gerking Flat Road. East Umatilla Fire Chief Dave Baty credited the all-volunteer crews with their willingness to come to the community’s need. The Pendleton Fire Department, where Baty is a captain, answered the call for mutual aid, and the Young farmers Oregon Department of Forestry harvest autumn fun also sent a unit. Swirling wind caused the fire WALLA WALLA — Farm to get out of control, according to tours, dinner and dancing are a report from the East Umatilla featuring during a celebration of district. Eight firefighters in all harvest. took on the fire, and Baty said The mission of the three farmers proved to be a Washington Young Farmers tremendous help, using their disc Coalition is to recruit, support harrows to create fire lines. and promote young farmers “I saw some pretty good, hard in the region. Farmers, firefighting done,” he said. ranchers and friends of all Water supply was tight, with ages are invited to attend the tankers providing 750 gallons. Washington Young Farmers Baty said shovels, not hoses, Coalition Harvest Mixer. Photo contributed by East Umatilla County RFPD were the main firefighting tool. The event is Sunday, Oct. A Pendleton firefighter worked Wednesday to put Crews kept the fire to about 8 with dinner, music and out a stubble fire near Gerking Flat Road. 50-60 acres, according to the dancing from 5-10 p.m. at report, and no structures burned Welcome Table Farm, 1812 explained the improvements in and no one was injured. The last Old Milton Highway, Walla Walla. weather conditions allow for open personnel left the scene a little after Those planning to attend are asked burning in Pendleton, the Rieth Water to bring a dish to share. Roast beef 7 p.m. District and the fire districts of Lower will be served and craft beers will be McKay Creek, McKay Dam, and available. Open burning resumes Riverside. In addition, the event includes a Sunday in Pendleton Open burning is any outdoors pair of farm tours — at 2:30 p.m. burning, including burn barrels, back- PENDLETON — Pendleton at Hayshaker Farm and 4 p.m. at yard burning, and yard debris generated Welcome Table Farm. Assistant Fire Chief Shawn from that property. Special permits are Penninger announced open burning For more information, contact available for free from the Pendleton returns Sunday in the city and some info@washingtonyoungfarmers.org or Fire Department to burn fields, trash, surrounding areas. visit www.washingtonyoungfarmers. demolition waste and more. Bonfires The city banned open burning org. also require a permit. during the summer. Penninger on Main Street, move out of town Trail. Additionally, May wrote the historical Come Saturday, Pend- descriptions featured on leton’s only old-fashioned many of the downtown general store will close for buildings, led walking tours of Pendleton’s good. According to a letter historic homes and was posted on the front a guest on the Live Wire radio program. window of the May ran 369 S. Main St. unopposed for shop, MaySon’s a Pendleton last day will be City Council Saturday. seat in 2010 and In the letter, represented the owners Keith North Hill from and Christina 2011 to 2014. May wrote He spent much that opening of his tenure as MaySon’s was a Keith May the chairman of bucket list item the Pendleton for them five Development years ago, but Commission, the now they want governing body more time to in charge of the enjoy their retire- city’s downtown ment. urban renewal “Roughly, 60 district. percent of our Despite his customers are local résumé, from out of town May said it was and they could Christina May “awkward” to have kept us going for years to come, answer a question about but working seven days a what he would miss about week through the tourist Pendleton, claiming an season and having little East Oregonian editorial time to visit family and called him a “loser.” In a 2015 op-ed, the friends around the world has taken a toll,” they editorial board was critical of May and other local wrote. In an interview on officials who wished Thursday, Keith May elab- to ban marijuana sales, writing, “their cause is a orated on their decision. May said the store, lost one.” May said he also has which sold novelty goods, antiques and the Prison gotten into recent conflicts Blues Correction Connec- with a couple of local although tion line of clothing, was organizations, a success and he and his he declined to elaborate further. wife had fun running it. “I doubt anyone will The couple plans to spend time traveling in miss me,” he said. May had originally the short-term, but staying selling in Pendleton isn’t in their considered long-term plans either. MaySon’s instead of The couple has put their closing it, but the building striking Main Street home owner, Pendleton Under- on the market, but May ground Tours, has other declined to say where they plans for the space, which sits at a prime location at intended to move. May’s impending the intersection of South departure from Pendleton Main Street and Emigrant marks an end of an era Avenue. Pendleton Underground for a man who became one of the city’s foremost Tours Executive Director Brooke Armstrong historians. A retired elementary confirmed that her orga- school teacher, he wrote nization had plans for several books on the the space, but declined to history of Pendleton and comment further. Eastern Oregon, covering ——— topics like the origins of Contact Antonio Sierra Pendleton’s street names, at asierra@eastoregonian. the city’s architectural com or 541-966-0836. history and the Oregon By ANTONIO SIERRA East Oregonian
