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