The BulleTin • Sunday, March 21, 2021 A11
WESTERN WATER WARS
Feds want to fix canal, but Nevada town lives off leaks
BY SCOTT SONNER
Associated Press
FERNLEY, Nev. — A town
founded a century ago by pio-
neers lured to the West by the
promise of free land and cheap
water in the desert is trying
to block the U.S. government
from renovating a 115-year-old
earthen irrigation canal with a
plan that would eliminate leak-
ing water that residents long
have used to fill their own do-
mestic wells.
A federal judge denied Fern-
ley’s bid last year to delay plans
to line parts of the Truckee Ca-
nal with concrete to make it
safer after it burst and flooded
nearly 600 homes in 2008.
Now, lawyers for the town
a half-hour east of Reno have
filed a new lawsuit accusing the
U.S. Bureau of Reclamation of
illegally failing to consider the
expected harm to its munici-
pal water supply and hundreds
of private well users who tap
into the groundwater based on
what they say are binding wa-
ter allotments, some dating to
World War II.
Safety aside, the bureau says
the loss of federally owned
water from the dirt canal is a
waste of U.S. taxpayers’ money.
The city says the government
shares responsibility for their
dependence on the unintended
subsidy provided by the seep-
age, partly because it’s never
before objected.
“Fernley has a right to con-
tinued recharge from the
Truckee Canal under the pub-
lic use doctrine because the
seepage conditions have con-
tinued for 115 years,” the law-
suit stated.
Over time, local users have
become “utterly reliant on
seepage from the canal to keep
the aquifer recharged and in
a healthy condition,” the suit
said. It says Fernley spent $40
million on a state-of-the-art
water treatment facility based
on that reliance.
“You (the government) cre-
ated the system and now you
are essentially taking it away
and claiming it is not your
problem,” former Fernley
Mayor David Stix Jr. told The
Associated Press on Friday.
Series of federal canals
A decision is crucial for the
town and surrounding farms
in the high desert where only
6 inches of rain falls annually.
And the dispute could have
far-reaching implications for
the one in five U.S. farmers
who use water delivered by
federal canals in 17 Western
states to irrigate an area three
times the size of Connecticut.
Built in 1905, the Truckee
Canal was part of the New-
lands Project named after the
Nevada congressman whose
legislation led to creation of the
Bureau of Reclamation three
years earlier. It was the first
major irrigation project in the
West — intended to “make the
desert bloom.”
Fernley’s lawyers say it was
a huge success, attracting set-
tlers who developed the West.
But they say the new project
pulls the rug out from under
their descendants in the town
of 23,000 where some still raise
livestock and grow alfalfa and
melons.
The agency says lining the
OBITUARY
Sylvia Grace Hatton
July 2, 1933 - February 5, 2021
Sylvia Grace Hatt on of Bend passed away at OHSU
Hospital in Portland on February 5, 2021 aft er
suff ering a stroke. She was born July 2, 1933 in
Brownhills, West Midlands, England, to Cyril and
Elizabeth Harvey. She married Raymond R. Hatt on on
February 7, 1953, who preceded her in death in 2015.
Sylvia grew up in Hammerwich, England with her
older brother Geoff and younger sister Sheila. Aft er
marrying Ray in Hammerwich the two of them moved
in 1956 to Moscow, Idaho where Ray att ended the
University of Idaho on a track and cross-country
scholarship. Aft er Ray graduated, he and Sylvia moved
in 1960 to Sacramento. It was there where their son
Peter was born, and then their daughter Janice. In
1969 the family moved to Bend, Oregon where Sylvia
lived unti l her passing.
Sylvia prided herself as a diligent probate
paralegal who, for one month shy of 50 years of
working at Karnopp Petersen law fi rm, conti nued
to enthusiasti cally work unti l her passing. Her
sati sfacti on in her work was complemented by her
delight in sharing ti me with family who she adored.
She took great pleasure in spending her free ti me
in Camp Sherman at the family retreat or on the
coast in Manzanita. Whether working, enjoying her
tea, chatti ng, planti ng and tending her fl owers on
the deck, watching the birds, or planning a future
adventure with family and friends, Sylvia embraced
an existence that emulated a zest for life, an innate
curiosity about her world and bott omless reservoir of
kindness.
Among her many endeavors and legacies, she was a
world class Master’s badminton player, who medaled
in the World Games in Alberta, Canada in 2005, and
in Sydney, Australia in 2009. She also edited and
typed all 10 books about Central and Eastern Oregon
writt en by her husband Raymond R. Hatt on.
She is survived by her sister Sheila Seager of Port
Coquitlam, Briti sh Colombia; her son Peter and his
wife Tana of Bend; her daughter Janice Hatt on and
her husband Charlie Wilshire of Bend and Eugene;
her grandchildren Eric Hatt on (and his wife Chrissy);
Michael Hatt on (and his wife Ashlie); Brenden Hatt on
(and his wife Celia Oney); Alyssa Hatt on DeWees (and
her husband Jacob); Kiersten Hatt on, and Tia Hatt on;
plus fi ve great grandchildren and her many nephews
and nieces. She loved them all dearly.
Scott Sonner/AP
Water flows through an irrigation canal in Fernley, Nevada, about 30
miles east of Reno.
canal at a cost of about $148
million is necessary to prevent
another costly disaster like the
2008 canal break. The Truck-
ee-Carson Irrigation District
managing the canal system set-
tled a class-action suit for $18.1
million in 2016 with 1,200 vic-
tims of the flood that damaged
590 homes.
The agency has studied ef-
ficiency of canal linings for
decades and in recent years
stepped up research of new
ways to combat seepage
with remote satellite sensing,
ground sensors detecting soil
moisture and sediment tem-
perature.
‘No legal entitlement’
Last month, the bureau
teamed up with NASA and
HeroX, a crowdsourcing plat-
form, to sponsor a two-year
contest with a $360,000 prize
to foster other innovations.
This month, the bureau
awarded $42 million in grants
to 55 projects in 13 states from
Kansas to Arizona and the Pa-
cific Northwest to improve wa-
ter delivery efficiency and gen-
erate more hydropower.
Bureau officials couldn’t im-
mediately estimate how much
water leaks from canals nation-
ally but in neighboring Califor-
nia, it has said one-third of the
water passing through a stretch
of the All-American Canal
is lost to seepage annually —
some 168,500 acre-feet.
One acre-foot of water cov-
ers an acre — roughly the size
of a football field — and a
foot deep. Average California
households use one-half to one
acre-foot of water every year.
In 1985, the U.S. Geological
Survey estimated natural re-
charge, such as from rainfall,
in Fernley’s groundwater basin
was 600 acre-feet — a fraction
of the 18,000 acre-feet it esti-
mated was leaking annually
into the aquifer from the un-
lined canal.
The bureau largely agrees
with simulations run by an
expert Fernley hired in 2018
who estimates 13% of the 400-
plus domestic wells in Fernley
would dry up in a year if the
artificial recharge ends and
71% would stop working over
40 years.
The bureau hasn’t responded
to the lawsuit filed March 10
in federal court in Reno but
its final environmental impact
statement said in September
that Fernley “has no legal en-
titlement to the continued ex-
istence of seepage water from
the Truckee Canal.”
OBITUARY
OBITUARY
Timo Matti Juhani Patokoski
November 7, 1938 - February 25, 2021
Timo was born in
Oulu Finland. He
was the fi rst born of
his parents, Paavo
Patokoski and Toini
Kipina. His family
came to America in
1947 and found their
way to Portland, OR.
He was very proud of
his Finnish heritage.
He taught American
History and language
arts at Floyd Light in
the David Douglas
district in Portland for 30 Years. Many students say
he was their favorite teacher and called him Mr. P. He
served as athleti c director there and coached several
sports.
He graduated from Jeff erson HS where he was on the
football team when they won the state championship.
He was most proud to be an alumnus of U of O where
he received his BS and Masters in Educati on. He was
passionate about rooti ng for his Duck football team. He
inspired his off spring to be the same.
He came to Bend from Portland in 2002. He loved
central Oregon and its “blue bird days”. He skied unti l
age 75 then took up snowshoeing. He went camping,
fi shing and kayaking at the mountain lakes, played
pickleball year ‘round.
He enjoyed the good life in his happy home with the
love of his life, Ronye, of 41 years and their various
dogs. He watched the deer; quail and ducks traipse
across his property. He even enjoyed keeping ahead
of the pine cones and pine needles. He volunteered
at St. Charles for 11 years and took pride in his roles.
His father taught him carpenter skills and he built two
homes during his lifeti me. He spent several summers
fi shing with his father in Alaska.
Timo was loved by so many. He had a beauti ful open
smile that seemed to show his inner joy and peace. He
will be remembered by his kind sweet spirit, one liners
and generous heart.
He was a devoted husband, father and grandfather.
He was a good neighbor and friend. Whether it was
building a deck, loaning tools, giving fatherly advice
or snow shoveling. He loved making pancakes for his
grandkids and made it a point to cheer them on in their
sports. He and Ronye had many wonderful travels and
RV trips. He had a special fondness for Kauai where
they went oft en. He longed to go there again.
He is survived by his wife, his two brothers, Esa and
Pekka of the Portland area, his three children, Lynn
Hanks of San Ramon, CA, Sheryl Bryant of Bend, and
Mikko Patokoski of Beaverton, his stepsons, Scott
Seaton of Bend and Bryan Seaton of Portland, and of
course, his 8 grandchildren and 4 great-grandchildren.
The most important thing to him was his family.
His legacy will live on in all those that were touched by
Timo. He was always on ti me but never in a hurry. He
was steadfast and loyal and he loved unconditi onally.
He was a most loving, fun and supporti ve partner. He
oft en said “Everything will be all right.” His life was
cut too short for us but we believe he fi nally found his
peace.
Aloha, Timo, Rakkaus.
We will miss her and love her forever.
A celebrati on of life will be held later this year. Please
visit Baird Funeral Home website, www.bairdfh .com, to
share condolences and sign the online guest book.
A celebrati on of Sylvia’s life is scheduled for Monday,
June 28, 2021, at 5:30 pm at Awbrey Glen Golf Club,
2500 NW Awbrey Glen Drive, Bend.
Remembrances can be made in his name to Partners
in Care Hospice House or the Central Oregon Humane
Society.
Richard Milton Cain
August 24, 1936 - March 13, 2021
Richard Milton “Dick” Cain
was born on August 24, 1936
to James Milton “Milt” Cain
and Ethel Carter Truesdale. He
saddled up and took his last
ride to “the Upper Country”
in the early morning hours of
March 13, 2021.
Dick grew up on the family’s
ranch “down on the Crooked
River” where he honed his
buckaroo
and
basketball
skills and learned to play baseball from his dad Milt.
He was acti ve in 4-H, showing both steers and heifers
at the Crook County Fair and the Portland Internati onal
Livestock Expositi on. Dick and his steer “Whiz Bang”
were crowned Grand Champion Hereford Steer at the
1948 Crook County Fair. As he grew into a young man,
Dick’s grandfather Jess Cain enlisted his help in gathering
support to start the Crooked River Roundup.
Before graduati ng from Crook County High School in
1954, Dick was proud to have been a member of the
1953 Cowboys state championship football team. Aft er
graduati on, Dick enlisted in the army and although
he was stati oned in Germany, he traveled extensively
throughout Europe. He found a favorite country in Italy,
and favorite food in spaghetti , but darned if he could
pick his favorite beer in Germany.
Aft er his discharge from the army in 1957, Dick returned
home to Central Oregon to take up operati ons at the
family’s new ranch in Powell Butt e where he lived unti l
his death. Dick traveled the country att ending livestock
shows and promoti ng his “Range Ready Herefords” as
well as the C Bar C brand. He was acti ve in the Powell Butt e
Farmers Club and the Oregon’s Catt leman’s associati on,
serving as Vice President from 1977-1978. Perhaps his
proudest achievement was following in the footsteps of
his grandfather Jess Cain, by being chosen as the Grand
Marshall of the 2018 Crooked River Roundup. Given his
advanced age, Dick was given the opti on to ride in a car
during the parade. In typical fashion, he replied, “The
hell with that!” and he dusted off his chaps and saddled
up for one last rodeo. He was accompanied by Thyreicia
Simtustus, (Miss Warm Springs) and several other nati ve
riders, which brought the Warm Springs tribe back to the
roundup aft er a 50 year absence.
Dick’s greatest loves (in no parti cular order) were his
ranch, his cows, his kids, his beloved Beavers and...
maple syrup!
Dick was lucky enough to have found love twice in his
life. On May 15, 1960 he married Tonia Rae Kissler and
together they raised three children, Robert, DeAnn and
Terry. His second wife, Sherrie Zavala, currently lives in
Prineville.
Dick was preceded in death by his father James Milton
Cain, his mother, Ethel Truesdale Cain, his sister Patricia
Jean Knorr and his nephew, Charles “Chuck” Knorr. He is
survived by his son Robert J. Cain of Powell Butt e, two
daughters, DeAnn R. Cain of Redmond, OR and Terry D.
Kremer of Washougal, WA. He is further survived by the
mother of his children, Tonia Kissler Cain of Redmond,
OR, former wife Sherrie Zavala of Prineville, a nephew,
Richard “Dick” Knorr of Redmond, OR, a niece, Tammy
Croxen, of Bend, as well as numerous grandchildren and
great grandchildren.
A graveside memorial service will be held at Pilgrim’s
Rest Cemetery in Powell Butt e, OR on Tuesday, March
30, 2021 at 2:00 pm. The family invites guests to att end
a catered recepti on to follow at the home of Matt and
Tori Benz, 12865 SW Cornett Loop, Powell Butt e, Oregon.
Visitati on will be held at the Prineville Funeral Home on
Wednesday, March 24 from 4-7 pm.
In lieu of fl owers, the family requests that donati ons
be made to St. Charles Hospice or to the Alzheimer’s
Associati on, Central Oregon Chapter.