News
Blue Mountain Eagle
More spill
over dams
may increase
OTEC rates
Court ruling
requires more
water for fish
By Jayson Jacoby
Baker City Herald
Environmentalists push grazing lawsuit
By Mateusz Perkowski
EO Media Group
N.F.
Environmentalists
are
urging a federal judge not to
throw out a lawsuit they filed
15 years ago alleging that
grazing harms the threatened
bull trout in Oregon’s Malheur
National Forest.
Last year, a federal magis-
trate judge found the Oregon
Natural Desert Association
and Center for Biological Di-
versity had failed to prove that
livestock grazing along two
rivers in the forest is to blame The bull trout is at the center of a 15-year-old lawsuit over grazing in Eastern Oregon.
for the protected species’ de-
cline.
it has met these objectives benchmarks that would exist
Area in
The plaintiffs have objected
based on “habitat indicators” under ideal conditions and are
detail
7
to his recommended dismissal
that don’t mirror reality while meant to measure progress,
ORE.
of their complaint, which was
ignoring actual measurements Odell said.
26
However, the Forest Ser-
originally filed more than 15
that show stream conditions
Unity
Prairie
vice
doesn’t have to attain
years ago.
are
worsening,
Lacy
said.
BAKER
City
During oral arguments
Grazing must be suspended these standards to comply with
26
held April 5 in Portland, the
if it prevents a “near natural its recovery strategies for the
GRANT
environmental groups asked
rate of recovery” under the Na- bull trout, he said.
MALHEUR
tional Forest Management Act,
Odell also revived an argu-
U.S. District Judge Michael
NATIONAL
MALHEUR
while the Forest Service faces ment against the environmen-
Mosman to instead rule that
FOREST
a similar obligation under the talist lawsuit that was rejected
grazing authorizations along
Wild and Scenic Rivers Act, by the magistrate judge.
the Malheur and North Fork
The plaintiffs have chal-
according to the plaintiffs.
Malheur rivers violated feder-
Bull trout
al laws.
lenged
more than 100 agency
“It’s
not
just
a
non-degrada-
habitat
tion requirement,” Lacy said. decisions regarding grazing,
Fewer than 50 bull trout
HARNEY
“It’s an enhancement require- which amounts to an improper
now inhabit each of the water-
Juntura
ment.”
ways, which together should
attempt to change the Forest
Stephen Odell, attorney for Service’s entire grazing pro-
support about 2,000 of the fish,
N
the government, argued that gram, he said.
said Mac Lacy, attorney for the
20
10 miles
Such “programmatic” re-
it’s up to the Forest Service
plaintiffs.
to decide how best to mea- visions are meant to occur
The U.S. Forest Service
Alan Kenaga/Capital Press
sure compliance with recovery during rule-making or in Con-
has authorized livestock graz-
ing on seven allotments cover- judge incorrectly found that at- strategies for the fish.
gress, not in federal court.
ing tens of thousands of acres tainment of “riparian manage-
Instead of finding faults
The agency has relied on
without analyzing the site-spe- ment objectives” for the fish the most relevant data collect- specific to each of the ac-
cific effects as required by law, can be measured at the “water- ed over thousands of hours, he tions, the plaintiffs make the
shed or landscape scale,” the said. “It’s extremely rigorous.” same “blanket assertion” to
Lacy said.
Riparian management ob- challenge all of them, Odell
In recommending the law- plaintiffs claimed.
suit’s dismissal, the magistrate
The agency cannot decide jectives are “dream stream” said.
yelling advice at him not to
talk to police unless he got
a lawyer, affirmatively in-
dicated his willingness to
re-engage with the officers
and enter into a generalized
discussion of the substance
of the charges.”
For that reason, the de-
fendant’s motion should be
denied, Benson said.
Citing case law, Benson
noted that Elliott had re-ini-
tiated the conversation af-
ter saying at the hospital,
“OK, I’m not talking no
more,” and that the officers
did nothing to prompt El-
liott to respond against his
rights.
“An important consid-
eration is not simply what
was said when the defen-
dant invoked, but how the
defendant and the officers
behaved,” Benson said,
adding, “Rarely during the
interview did the defendant
appear to be worried about
any legal jeopardy he might
be in, but he was instead
preoccupied with his having
been assaulted and his sad-
ness over his friend having
died.”
In court, Baughman said
the officers provoked re-
sponses from Elliott after
he told them, “OK, I’m not
talking no more.” Accord-
ing to the recording, Durr
responded, “OK, that’s
fine,” and Elliott immedi-
ately continued by saying,
“You’re trying to hang me
here.” Durr then responded,
“No, I’m not. I’m just trying
to figure out why.”
In 2018, America cele-
brates the 50th anniversary
of the Wild and Scenic River
System and National Trails
System. Rivers and trails are
the arteries that connect peo-
ple and communities to public
lands and waters.
The Malheur National For-
est is home to two designated
wild and scenic rivers for float-
ing, fishing or hiking activities:
the Malheur and North Fork
Malheur rivers. The forest
plans to honor its scenic riv-
ers through a Wild and Scenic
Malheur River Stewardship
Project set to take place on
July 14.
Agency personnel, local
clubs and community mem-
bers will be installing a new
trailhead kiosk, interpretive
panel, signage and a trail sign
at the Malheur Ford trailhead.
The celebration will also in-
clude river cleanup, some mi-
nor repairs of existing facilities
and educational pieces about
Wild and Scenic Rivers.
Sunday, April 15th at 1pm
Grant County Senior Center
142 NE Dayton St. • John Day, OR 97845
This is an opportunity
for you as a member
and owner of Old
West Federal Credit
Union to review this
past year’s
performance and
learn about goals for
the upcoming year.
44811
In his March 21 re-
sponse, Benson argued that
Baughman “failed to state
with particularity the spe-
cific evidence he intends
to offer” as required by
law. Benson also argued
that Baughman’s evidence
“will unfairly malign the
victim and confuse the
jury” and will “unneces-
sarily prolong the trial” by
requiring “several ‘trials
within trials’” to prove the
victim’s alleged character
traits.
Cramer said he had re-
ceived three discs from the
state with the body camera
recordings but had not yet
reviewed them. Attorneys
from both sides agreed to
meet with Deschutes Coun-
ty Judge Pro Tem Alta Berry
in a settlement conference
at 9 a.m. May 25.
The junior and senior classes from Spray High
School, along with the Spray School
District staff, would like to express our
appreciation to the community of
John Day and surrounding areas.
We thank the following businesses for hosting
our annual job shadow week.
We couldn’t do it
without your willingness to help!
John Day Fossil Beds
John Day River Vet Center
Chester’s Thriftway
Les Schwab Tire Center
Blue Mountain Hospital
Len’s Drug
Boyd Britton Welding
Pioneer Feed & Farm Supplies
Asher Dental Services (Fossil)
Again, thank you!
Sincerely, Spray High School Students & Staff
To search for other anni-
versary events, visit the 50th
Anniversary Rivers Events
Story Map online at http://bit.
ly/2sp3kMr.
Coinciding with the an-
niversary, a Wild and Scenic
film festival begins at 7 p.m.
Saturday, April 21, at the
Madden Brothers Performing
Arts Center. Tickets cost $15,
and children 17 and younger
are free. The festival features
a collection of films about en-
vironmental concerns and cel-
ebrations of the planet.
Contributed photo
A hiker sits on a boulder
overlooking the Malheur
River in the Malheur National
Forest.
Pioneer Feed
& Farm Supply
THANK YOU!
This is our 60th Anniversary
1957-2017
Baughman noted in court
that Timko then provoked
a response from Elliott by
noting the extent of Elliott’s
facial injuries as a possi-
ble reason for the shoot-
ing. Baughman said any
statements made by Elliott
after he said, “OK, I’m not
talking no more,” should be
inadmissible.
Baughman also filed a
March 5 motion asking the
court to admit evidence
about “the alleged victim’s
character trait for violence
and threatening behavior,”
and that the evidence “be
admitted in the form of rep-
utation or opinion.”
Baughman said he had
identified and interviewed
individuals and law en-
forcement officials or offi-
cial reports that would sup-
port this motion.
Project celebrates Wild and
Scenic Rivers anniversary
Blue Mountain Eagle
ANNUAL
MEETING NOTICE
R.
Continued from Page A1
ur
ELLIOTT
e
Mal h
ur River
M a l he
A court ruling requiring
officials to pass more wa-
ter through the spillways
of eight federal dams to
aid migrating salmon and
steelhead, rather than us-
ing the water to produce
electricity, could increase
monthly bills for Oregon
Trail Electric Cooperative
customers for part of the
year.
The decision April 2 by
a three-judge panel of the
Ninth U.S. Circuit Court of
Appeals affects four dams
on the lower Snake River
in Washington and four on
the Columbia River.
The release of water
started April 3 at the Snake
River dams, and started
April 10 at the Columbia
River dams.
The Army Corps of En-
gineers, which operates all
the dams, already boosts
water flows through the
impoundments during the
spring and summer to aid
fish, some of which are
threatened or endangered,
as they migrate to the Pa-
cific Ocean.
Conservation
groups
have advocated for the tac-
tic of diverting more wa-
ter over the dams because
they say that’s less likely
to kill young salmon and
steelhead than directing the
water, and some of the fish,
through the dams’ pow-
er-producing turbines.
Last spring U.S. District
Court Judge Michael Si-
mon ruled that the Corps of
Engineers must spill more
water between April and
mid-June.
The Corps of Engineers
appealed Simon’s ruling,
but on April 2 the Appeals
Court panel upheld the
judge’s decision.
The Appeals Court
judges cited studies show-
ing that more fish survive
when more water is spilled
over dams.
The potential effect for
OTEC customers has to do
with the Bonneville Power
Administration (BPA), the
federal agency that sells
power produced at the
dams.
OTEC buys about 99.5
percent of its electricity
from BPA, said Anthony
Bailey, the cooperative’s
chief financial officer
(OTEC buys a negligible
amount of power from a
hydroelectric plant near
Cove).
In a press release April
2, BPA said the Appeals
Court decision “creates a
new multimillion dollar
obligation for the region’s
ratepayers.”
Agency officials have
previously estimated that
the increased spring water
spills could cost $40 mil-
lion per year.
“And that’s not just a
one-time shot,” Bailey
said. “It could continue for
several years.”
Bailey said BPA like-
ly will recoup its costs by
adding a surcharge to the
bills for its wholesale cus-
tomers, including OTEC.
BPA has estimated that
OTEC’s surcharge would
be about $450,000 per
year, and that the amount
would be collected from
May through September
annually.
Bailey said BPA could
start assessing the sur-
charge as soon as this
May.
Although
OTEC’s
board of directors will
make the final decision,
Bailey said it’s “more
than likely” that the coop-
erative would have to pass
on the BPA surcharge to
its approximately 23,000
members in Baker, Union,
Grant and Harney counties.
If so, OTEC likely
would follow BPA’s sys-
tem and add a seasonal
surcharge to customers’
bills from May through
September, Bailey said. He
estimated the surcharge at
about $2 per month for res-
idential customers.
“BPA could handle this
differently, but right now
that’s how we see this hap-
pening,” Bailey said.
Republished with per-
mission from the Baker
City Herald.
Wednesday, April 11, 2018
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