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Westland Irrigation District backs out of Central Project

Capital Press Agriculture News Oregon -

The Westland Irrigation District is abandoning years of work to secure additional water from the Columbia River in order to defend a lawsuit filed by patrons alleging “massive misappropriation” of senior water rights.

Farmers reacted with surprise and disappointment Monday during a special district board meeting, where members voted unanimously to back out of the Central Project — one of three proposals to pump mitigated Columbia River irrigation water in Umatilla and Morrow counties.

Unlike the neighboring Stanfield and Hermiston irrigation districts, Westland does not have the ability to switch over to Columbia River water when flows from the Umatilla River drop below a certain point in the summer. That means the district depends entirely on Mother Nature, as well as stored water in McKay Reservoir.

Riding the momentum of a regional effort led by the Northeast Oregon Water Association, or NOWA, Westland had sought to tap into the Columbia and guarantee a full irrigation season for producers. It even appeared the district was on the verge of a deal, holding weekly meetings with patrons to iron out legal and logistical details moving forward.

Instead, the Central Project fell apart over a lawsuit accusing Westland of systematically cheating small farmers out of their senior water rights for the benefit of a few larger farms with junior rights. The case, which was originally tossed from federal court, will proceed in Umatilla County Circuit Court after Judge Michael Gillespie denied the district’s motion to dismiss last week.

A trial will likely be scheduled in the next six to nine months, according to Westland board chairman Bob Levy. And though Levy said he is confident the district will prevail, he felt it was unfair for patrons to invest in the project up front only to have it potentially stalled by legal challenges.

“The district is looking to defend this litigation for months to come,” Levy explained to a room full of patrons who packed the Umatilla County Fire District 1 station on Westland Road. “If the plaintiffs are successful ... it disturbs the Central Project, and the Central Project will not work.”

The Central Project would have cost roughly $14.4 million, financed by patrons who agreed to buy the water. The state of Oregon also approved a funding package for water delivery projects during the 2015 Legislature, with $11 million earmarked for the basin.

However, according to the resolution passed Monday, the project as it was conceived depended on Westland’s “longstanding water delivery and distribution practices” that are now being challenged in court. Plaintiffs in the case argue the district is in violation of Oregon’s “first in time, first in right” water appropriation system.

Levy also said the lawsuit precluded Westland from applying for its share of state funding within the fixed time frame.

After reading over the resolution in silence, farmer Hoss Hodges, whose parents arrived in the district in 1968, could barely contain his frustration.

“This really interferes with our future,” Hodges said after slamming the table with his hand.

Others were more subdued while lamenting what they described as a lost opportunity.

“We damn sure needed that Columbia River water,” said Butch Shockman, who owns a small amount of land along Bridge Road in Hermiston.

The value of agricultural land in the Columbia Basin increases exponentially with irrigation. Without water, dryland crops such as wheat may yield around $100 per acre. Add one acre-foot of water and that value grows to $500 per acre; add three acre-feet, and the value rockets to $5,000 per acre.

Patty Horn, whose family has owned Butter Creek Ranch in the district since the 1960s, said she is worried that without sufficient water in the future, her son will eventually inherit a sandlot.

“If I lose my water, my land become worthless,” Horn said. “It took 30 years for us to get a shot at Columbia water. It’s a shame to see it go over a few suing the district.”

The lawsuit in question was filed by a group of patrons who, together, farm more than 1,650 acres with senior water rights that date back to 1903. They claim they are being cheated out of water to benefit three large farms with more than 5,000 acres, including Levy’s L&L Farms, Amstad Farms and Eagle Ranch, to the tune of $2.9 million in damages.

Dixie Echeverria, who owns ELH LLC and is one of the plaintiffs on the case, said in a written statement that they have “grave concerns” about the management of the district. In his ruling, Judge Gillespie encouraged both sides to consider mediation.

“This case is not this court’s first experience with a small district’s members suing the special district they are members of,” Gillespie wrote. “In very real terms, the district’s costs are borne directly by all of its members in one way or another.”

J.R. Cook, founder and director of NOWA, said it was painful to see the Central Project slip out of Westland’s grasp. But he added that does not mean the organization is ending its effort to secure bucket-for-bucket mitigated Columbia River water rights and pass them off to entities that can put them to use.

The overall vision includes three project areas, stretching from Boardman to east of Hermiston.

Cook said Westland had been positioned to be first in line to get a pipeline in the ground as one of those three projects. Instead, the NOWA board will explore other options.

“I think Westland is going to look back on this in five years and regret it,” Cook said.

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