A10 News wallowa.com April 1, 2015 Ranch partition upheld By Steve Tool Wallowa County Chieftain Wallowa County Commis- sioners denied the appeal of the Lenahan family to stop the partitioning of the Hayes ranch in Joseph. The Lenah- ans appealed a Feb. 24 county planning commission deci- sion allowing the partitioning of the ranch. The Hayes ranch and Eastern Oregon Property Development want to create two two-acre parcels on the property, which the planning commission said was allowed under the auspices of Measure 49 and county law. Commissioner Mike Hay- ward abstained from hearing the proceedings because of a FRQÀLFW RI LQWHUHVW 7KLV OHIW commissioners Susan Roberts and Paul Castilleja to hear the appeal. Lenahan attorney Elaine Albrich opened the proceed- ings saying her appeal per- tained to three issues: owner- ship of property, access roads, and the orientation of the par- cels. Albrich said that although she mentioned these to the plan- ning commission at the Feb 24 Wallowa County Chieftain WATER: Permit would allow selling of water that can’t be stored behind dam Continued from Page A1 WDLQÀRZVLQWR:DOORZD/DNH push the level of the dam be- Marc Stauffer, chairman of yond its allowed maximum the Enterprise Planning Com- capacity. mission and president of the At a time when water for Wallowa County Chamber of agricultural purposes is at Commerce, raised other is- a premium throughout the western states, not receiving sues. Others submitting com- any monetary return for that Steve Tool/Chieftain ments were Chad Nash, of “dumped” lake water works Hayes ranch attorney Rahn Hostetter (standing at left) addresses Wallowa County Enterprise; Garrett Lowe, of against the owners of the pri- commissioners during an appeal by the Lenahan family of Joseph to overturn the planning Wallowa; Robert Hipple, of vately-owned Wallowa Lake commission’s decision to allow the partition of the ranch. Enterprise; and City of Joseph Dam, a group Waters de- scribes as a “bunch of honest Attorney Wyatt Baum. The Wallowa’s Future farmers.” meeting, she thought the plan- Albrich argued that the two close to allow maintenance to Improvements on tunnels, ning commission did not base access roads to the property im- the Cove Ditch (an irrigation Foundation (WFF), represent- its decision on the rule of law pacted more than the four acres ditch), did not maximize the ed by President Robert Read- JDWHV DQG HYHQ ÀXPHV OHDY- but on insubstantial evidence. comprising the two parcels, use of farm land and could ing and associated with John ing Wallowa Lake Dam have According to Albrich, an and were therefore illegal un- cause erosion or poor water /HQDKDQVXEPLWWHG¿YHSDJHV been made in the not-too-dis- of response to the application tant past, but funds to improve inventory of the Hayes estate der Measure 49. She also ques- quality in the ditch. does not include real estate as- tioned the need for two access Enterprise attorney Rahn GHWDLOLQJ ZKDW WKDW QRQSUR¿W safety to store more water be- sets. Albrich said that as the roads, which she said further Hostetter represented the appli- sees as shortcomings in the yond the current 72 percent of capacity state mandate have applicant was unable to pro- impacted the use of farm land. cants. Hostetter argued it was application. Publicly listed as a Jo- been lacking. vide a complete chain of title Albrich said the unlawful up to a circuit court, not the J. R. Cook, director of providing documentation of the impact from the roads required commissioners, to determine seph-based charitable orga- property, the planning commis- that either the planning com- whether the estate inventory nization, WFF had $269,877 the Northeast Oregon Water sion should not have found the mission decision be negated or actually listed the property. He in total net assets in 2011, ac- Association, a group with a Hayes estate was vested with the roads re-oriented to min- also said the Oregon Depart- FRUGLQJWRWKH1RQ3UR¿W)DFWV vital interest in attaining wa- title, which should legally pre- imize impact. She also said ment of Land Conservation com website. At one point in ter for agricultural growers in vent development. the state requires the roads be and Development had already its public response opposing the Umatilla Basin, says he’s accessed by an existing public awarded the homes to the ap- ADC’s permit request, WFF well aware of the permit re- access way, and neither road plicants and no one appealed, states: “In short, there is no quest made to Oregon Water Bunny books, TXDOL¿HG and nothing changed in the law assessment (economic, social, Resources Department by the ecological, or otherwise) of ADC about one year ago, but 7KH ¿QDO DUJXPHQW$OEULFK since then. cute stickers, made concerned the orienta- “It’s not that complex and in how the removal of 4,200 acre has had no recent contact with fun activity books tion of the two parcels, which any event, it’s not an issue be- feet from the Wallowa basin the owners of Wallowa Lake and chocolate! she said were positioned too fore you because it’s already will impact the binomy. Thus, Dam. According to Waters, no been decided by DLCD and it cannot be concluded that the Everything you need to fill application results in the max- public disclosure will be unappealed by anyone.” those Easter baskets! Hostetter similarly dis- imum economic development made as to the estimated value ENTERPRISE of the 4,200 acre-feet of water missed the other claims say- of the waters involved ...” EDUCATION Stauffer’s series of con- in the event of its release from ing that his clients have re- Across from the courthouse in Enterprise FOUNDATION peatedly tried since 2007 to cerns include the possible vul- Wallowa Lake Dam and sub- 107 E. Main • 541.426.3351 11th Annual appease the Lenahans, even nerability of Wallowa County sequent withdrawal from the always open at www.bookloftoregon.com • bookloft@eoni.com reducing the size of their par- during the early months of the Columbia River by growers FHOV IURP ¿YH WR WZR DFUHV proposed April 1 through Oct. in the Umatilla Basin. Cook, to avoid the appeals. “If we 15 water release period when however, calculates that such Raymond Seal is the son of Lisa and changed it again, do you think ORFDOÀRRGLQJFRXOGEHFRPHD water could compute into Ryan Seal of Joseph. Raymond is a many millions of dollars of the Lenahans will say, ‘OK, problem. 4.0 student who takes advantage of revenue were such a release of Larry Waters, president of good.’ There is no location we April 10, 2015 upper division courses such as additional irrigation water in- the Silver Lake Water Ditch could propose that wouldn’t get Auction & pre-calculus and advanced biology. directly infused into Oregon’s Company — the oldest ditch appealed here and on to LUBA Prime Rib Dinner Raymond is actively involved in (Land Use Board of Appeals).” company in the county — and economy via farmers, proces- at the Cloverleaf Hall. FCCLA where is currently the state He said he doubted anything his an ADC board member sug- sors, and even grocery outlets. president, FFA where he holds the Doors open at 5pm A frequently asked ques- clients did at this point would gests that much could change office of District Secretary, he is a Dinner at 6pm member of the National Honor Society, if the permit is approved and tion is: If circumstances were appease the Lenahans. No-host bar provided by and is also a three sport athlete. Hostetter went on citing excess water behind Wal- right, would Umatilla Basin El Bajio The staff and administration would like provisions of Measures 37 lowa Lake Dam is sold. “If growers be willing to upgrade Tickets $45/couple to congratulate Raymond on this honor and 49 attempting to prove his we get the dam refurbished Wallowa Lake Dam in return $25/single Raymond Seal and would like to say thank you for points. Albrich’s response es- (with funding from such sales for future water from Wal- •Handmade Quilt Joseph Charter School being such an outstanding part of sentially reiterated her earlier of water), it would help the lowa Lake? by Shirley Snook our school. Cook, actively involved whole county,” Waters says. arguments. •Ruger American Compact The problem, as presented in other water-generating Both commissioners said 243 Caliber gun by Cameronʼs Ace Hardware they had ample time to review by Waters, is that for safe- projects in the Umatilla Ba- •European Elk Mount Bronze the issue and after having plan- ty purposes aging Wallowa sin, including pipelines, is by Valley Bronze ning director Harold Black clar- Lake Dam cannot store more very precise in his response. All proceeds ify a few questions, put the issue than 72 percent of its capac- “We would only agree to take benefit Enterprise Schools’ arts to a vote. Roberts and Castille- ity, and there are unknown excess water, not any water The Student of the Week is chosen for and music programs academic achievement and community ja voted to allow the partition. amounts of excess water that that is needed locally,” he To donate auction items involvement. Students are selected or purchase tickets The appellants have 21 are “dumped” into the river at says. “We will not let this by the administrators of contact Sandy at times of the year when moun- turn into a gold rush.” Then days to appeal the decision. their respective schools. 541-426-3812 Cook turns to the business side of the equation. Speak- ing for the businessmen he represents, Cook says such an arrangement could only ZRUNLQD³FDVKÀRZIRUZD- ter” agreement that would Wallowa County Humane Society guarantee the availability of hopes you will send your tax-deductible water to the Umatilla Basin on a long-range, or perma- donation so we can receive up to $2500! nent basis. pledged by an anonymous donor to help us get to $5000! But before such a possi- Admission $4.00 for adults, bility even can be aired, the Donate with the click of a mouse through Paypal on our website: children under 12 are admited for free. dissenting arguments made wallowacountyhumanesociety.org. $1.00 off admission when entering with a firearm to sell or trade by six entities questioning the or send checks to: WCHS, PO Box 565 ALL STATE AND FEDERAL LAWS WILL BE APPLIED wisdom behind ADC’s permit Enterprise, OR 97828. Security will be provided. 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Name: _____________________________________________ Property Address: ____________________________________ Contact Info: Tel _____________________________________ Email: _____________________________________________ Linda Warnock, Broker Joseph, OR • 541-398-1192 Sale Ends 01/31/2014 3/31/2015 Sale ends Sale ends 01/31/2013 ® Company. ©2012 by True Value All ©2013 True Value Company. All rights rights reserved. reserved. ® ® Company. All rights reserved. ©2012 True by True Value ©2013 Value Company. All rights reserved. ®