PORTLAND — Amid some light trash-talking and heavy pressure, Hermiston Mayor David Drotzmann faced off against Portland Mayor Ted Wheeler in the annual watermelon seed-spitting contest at Portland’s Pioneer Courthouse Square Aug. 4.

“I understand Mayor Wheeler has never done this before, so we’ll give him a practice round so he doesn’t get embarrassed by us professional seed-spitters,” Drotzmann said, to laughs from the crowd.

Wheeler appreciated the handicap.

“Normally, when doing something this important I’d have practiced,” he said, “But I’ve never spit a watermelon seed. You’d better win,” Wheeler he told his Hermiston counterpart, “Or you’re not going to have a job in Hermiston!”

Based on Wheeler’s comment, Drotzmann can keep his job, after he launched a seed past the one Wheeler spit, but not without a twist: both men were beaten by Wheeler’s director of strategic partnerships, Jennifer Arguinzoni, who stepped in at the last minute to participate.

Each mayor also spoke briefly about the event, to a crowd that had gathered to collect the free watermelons that some Portlanders have come to anticipate each summer.

“These are the best watermelons in the world and there’s no reason to get melons shipped from anywhere else,” Wheeler said.

Wheeler also spoke about other facets of Eastern Oregon’s largest city.

“Hermiston is a thriving city,” he said. “While we think of watermelons, there’s lots of good employment opportunities. They’re working very hard under this mayor on economic prosperity. It’s good to take a fun day like this and remember that we are one state.”

Drotzmann, too, said he was glad to be showcasing Hermiston’s most famous crop on the west side of the state.

“Normally when we’re here, we’re a hundred deep,” he said. “We’ve got a lot of good produce to give away.”

Debbie Pedro, president/CEO of the Hermiston Chamber of Commerce, estimated that they were giving away nine bins of melons, each of which contained between 20 and 30 melons.

Drotzmann added that partnering with Portland was important for both cities.

“It’s interesting because Portland is larger than us by about 650,000. So we think they have different issues — but when we sit down with them,, the issues we have are very similar. We’re thinking about economic development, public safety, housing, water. How do we, as a state, continue to be prosperous?”

After the brief remarks, Drotzmann, Hermiston city councilors Lori Davis, Rod Hardin and Jackie Meyers started handing out melons. They were joined by Hermiston Energy Services superintendent Nate Rivera and Debbie Pedro, Josh Burns, Shirley Parsons, Ian Coyle and Cindy Meyers from the Hermiston Chamber of Commerce.

Though the crowd wasn’t as thick as some councilors recalled in past years, there was a steady stream of people throughout the giveaway. Burns stood at the corner of Pioneer Courthouse Square, advertising the presence of free melons to Portlanders walking past, which brought in several waves of eager customers.

Some, though, came prepared.

Kathy Leichleiter and Brenda McSweeney were the first ones in line, waiting with a small cart with wheels.

“We’ve come before,” McSweeney said. “Maybe 10 or more times.”

McSweeney said she buys Hermiston melons when she can, and that her family loves the fruit.

“They’re nice and sweet,” Leichleiter said.

Wheeler was scheduled to meet Drotzmann, Hardin and Meyers for dinner on Thursday night, but canceled about an hour before due to a Portland City Council meeting that ran long.

“We take public comment, and it included use of force issues,” Wheeler said of his absence. “Unfortunately, I was not able to go to dinner.”

Though this was Wheeler’s first watermelon giveaway event as mayor, many of the Hermiston councilors and representatives have been coming for years.

“Over the years, we would have people up in their offices, looking down on the square and waiting for us to get out here,” Pedro said. “We’ll recognize people who’ve been coming for years.”

Pedro said it’s important to keep building a partnership with Portland.

“It’s very important to share the concerns we have in rural areas and they get to let us know what’s going on here,” she said. “When it comes to economic development, it’s really exciting to have friends across the state.”

The event, which was started in 1991 by former Hermiston Mayor Frank Harkenrider and former Portland Mayor Bud Clark, petered out in the late 2000s, and was revived three years ago by Drotzmann and then-Portland Mayor Charlie Hales.

Drotzmann remembered Harkenrider, who passed away late last month, in his opening remark at the events.

“He never knew an enemy,” Drotzmann said. “He served on our city council for over 50 years, and he was the pioneer of this event.”

Hardin remembered some of the earlier events, and the two flamboyant founders of the watermelon giveaway.

“Bud was kind of a controversial mayor,” he said. “I think they (Harkenrider and Clark) were a perfect fit. One from a small city, one from a big city. But both, you never knew what was going to come out of their mouths.”

He recalled one particular gathering, a few years ago.

“Bud Clark rode his bicycle to the event, and he showed up with a watermelon (bicycle) helmet,” Hardin said. “That was the last one they were at together.”

Hardin said the event is a good way to remind people in Portland of the role the east side of the state plays in their daily lives.

“It’s mainly to remind them, most of your food comes from our direction,” he said.

Tuesdays

Oregon berry and grape growers are watching for damage caused by unusually hot weather that settled into Western Oregon and the Portland area.

Excessive heat can blister or sunburn wine grapes, which are still developing and won’t be harvested until September. Late season raspberries may develop white drupelets due to sun scald.

Blueberry harvest of mid- to late-season varieties is underway, and crop consultant Tom Peerbolt said mature berries may shrivel in the heat, while green berries may not reach full size.

“The plant can’t pump enough water, so it shuts down and interferes with sizing,” he said. “Fortunately a lot of the commercial folks have installed cooling systems, and they pay for themselves in an event like this.”

He said overhead misting systems cool plants in the field. With temperatures topping 100 in Portland and throughout Western Oregon the first three days of August, some growers ran the misters eight hours a day, Peerbolt said. He said the systems are a large infrastructure expense, but are intended to handle situations of extreme heat.

Climatologist Greg Jones, incoming director of Linfield College’s wine education program, said the current heat wave is unusual for its magnitude and length, and may turn out to be Oregon’s most extreme since 1981.

“Vineyards without irrigation might be able to handle the heat due to available soil moisture, but others will likely see some heat stress, potential sunburn on the fruit, and even leaf desiccation,” Jones wrote on a Linfield blog. “Also, one conundrum is that even though it is hot and it should facilitate ripening, it might actually slow it down as the vines often do not get fully back to 100 percent functioning for some time after a heat event like this.”

At King Estate Winery and vineyard outside of Eugene, Communications Director Jenny Ulum recounted the observations of Ray Nuclo, the company’s viticulture and winery operations director.

Ulum said Nuclo told her grapes don’t accumulate sugar during heat waves. “Over time that would be cause for concern, but grapes can weather a few days with no problem,” she said.

The degree of sun damage to grapes may vary with the type of trellis system used, Ulum reported. In a “hanging” trellis, fruit at the top of the trellis is exposed to the sun. Upright trellis systems provide more protection, with leaves trimmed on the east side so grapes will be exposed to morning sun, but left in place to shield grapes from the hotter midday and afternoon sun.

Ulum said Nuclo told her grapes that develop in sunlight tend to be more resilient to sun scald. Clusters that develop in the canopy shade and then are hit by strong sun tend to be more easily damaged.

Sun damage is less of an issue with Pinot gris grapes than with Pinot noir, Ulum said. Skins of the Pinot gris grapes are pressed off during the winemaking process, so any sunburned skins aren’t included in the wine.

The Pacific Northwest Canola Association has received its certificate of incorporation from Washington state as a multi-state nonprofit organization.

The association will include farmers in Idaho, Oregon, Washington and Montana, said Karen Sowers, Washington State University Extension outreach specialist for oilseeds.

“It’s the first big step,” Sowers said.

The association is formalizing its bylaws.

Under current draft bylaws, the association will offer four levels of membership, ranging from $500 per year to $5,000 per year, with a voting seat on the board of directors at the $5,000 per year level.

Sowers is taking nominations of producer members for the board of directors. The nominees will be placed on a ballot. The association is seeking nominations of at least two growers from each state.

Sowers has an email contact list of 300 canola growers in the four states.

Sowers said the association also welcomes farmers in their first year of growing canola or who are thinking about trying it.

“I guess there’s not an ‘ideal’ candidate, just a passion for growing canola and knowing it makes sense in a rotation wherever you may be in the Pacific Northwest,” she said.

Canola is priced about 19 cents per pound for GMO canola to 20.5 cents per pound for non-GMO canola.

Spring canola harvest should begin the week of Aug. 7. Sowers expects average yields. Early yields look good, but the summer heat is “pretty wicked,” she said.

Most of the winter canola harvest is done, Sowers said. She expects average to above average yields, due to extended snow cover and spring moisture.

Sowers hopes to ramp up the search for an executive director in the fall. She said the association wants someone with a passion for and understanding of the region’s canola industry.

Draft bylaws currently state the association will meet twice a year. Sowers hopes the association will be official by the end of the year.

Oregon’s nursery industry has reclaimed the No. 1 spot on the state Department of Agriculture’s list of the Top 20 agricultural commodities for 2016, leap-frogging the cattle industry, last year’s leader in production value.

“(The nursery industry) has always historically been number one, and the message is that it’s slowly continued its growth,” Bruce Pokarney, ODA director of communications, said.

A new leader at the top was expected, as the cattle industry “tends to be cyclical,” according to the department. “The strong prices enjoyed in 2014 and 2015 weakened last year.”

At the same time, the hops industry saw a 99 percent increase in production value from 2015 to 2016, pushing it into the top 20 and landing it at No. 15 with $65 million.

“We had more planted, and that is a function of demand,” Pokarney said. “Oregon is really a national leader of microbrews.”

Pokarney estimated 4 million more pounds of hops were grown in 2016 than 2015, and while the number of growers hasn’t increased acreage was up by about 3,000 acres.

The top 10 commodities are: greenhouse and nursery, cattle and calves, hay, milk, grass seed, potatoes, wheat, pears, wine grapes and onions.

Rounding out the top 20 are: hazelnuts, blueberries, Christmas trees, cherries, hops, apples, dungeness crab, eggs, mint for oil and corn for grain.

“The top 10 list contains the same names as last year with a slightly altered order,” ODA said. “The potato and wheat industries exchanged positions at number 6 and 7, respectively.”

Oregon produces more than 220 agricultural and fishery commodities, of which 17 have a value of at least $50 million, according to ODA.

Greenhouse and nursery products brought in $909 million, an increase of about $15 million from 2015. The cattle industry fell about $213 million, or 23 percent, from the previous year to $701 million, according to the department.

Other industry increases in production value last year were pears at 19 percent, grass seed at 14 percent, hay at 9 percent and potatoes at 6 percent. Wheat saw the biggest decrease in production value at 15 percent, according to ODA.

Oregon is the nation’s leading producer of Christmas trees, hazelnuts, grass seed, blackberries, boysenberries, rhubarb, sugarbeet seed and potted florist azaleas.

NAMPA, Idaho — Farmers in the Treasure Valley of Idaho and Oregon are struggling to keep their plants watered and wet during a lengthy heat wave that could threaten a 142-year-old record.

“Trying to keep enough water on everything is definitely a battle,” said Meridian farmer Richard Durrant. This July was the second hottest on record in Boise in southwestern Idaho and across the border in Ontario, Ore., it was even hotter and the average high temperature for the month was 99 degrees.

For this region, “That is just scorching hot,” said Jay Breidenbach, a National Weather Service meteorologist.

The high temperature exceeded 100 degrees in Ontario 11 times in July and 10 times in Boise and August hasn’t brought any relief so far. The high temperature for the fist five days of August is expected to exceed 100 degrees in Ontario.

Thankfully, there’s plenty of water for irrigators in the region this year but the unrelenting heat is making it a struggle for farmers to keep their crops wet, said Meridian farmer Drew Eggers.

“It’s not like we don’t have enough water but you wish you could go faster across the field,” he said. “We’re trying to keep water on them the best we can but when you have this kind of heat for this period of time, it stresses the plants and hurts yields.”

Breidenbach said the high temperature in Boise had reached at least 90 degrees for 35 straight days as of Aug. 3, the fourth-longest stretch in recorded history.

The longest such streak is 50 days, recorded in 1875, and there is a chance that record could fall this year, Breidenbach said. The modern day record of 44 straight days above 90, set in 1994, is certainly within reach, he said.

The heat has affected size and yields for some crops in the region such as onions, said Stuart Reitz, an Oregon State University cropping systems extension agent in Ontario.

“When it stays this hot for so long, plants like onions shut down,” he said. “It’s not doing a lot of the crops any good.”

Nyssa, Ore., onion farmer Paul Skeen some onion tops in the region are starting to lay down. “That means they are starting their final process and they aren’t very big,” he said.

The biggest bulb onions grown in this region, colossals and super colossals, fetch a premium price but the heat wave could result in a shortage of those sizes this year, Skeen said.

“As of right now, it appears that we could be down a little in our biggest sizes because of this heat,” he said.

Durrant, who purchases wheat from other growers, said the heat is affecting wheat yields but so far, test weights haven’t been down as much as he had feared.

The heat has been hard on fruit crops in the area such as apples and peaches, said Williamson Orchards Manager Michael Williamson.

“The heat really slows fruit growth down,” he said. “It almost puts fruit maturity on pause.”

Oregon Department of Fish and Wildlife approved a kill order for two adult wolves from Wallowa County’s Harl Butte pack, which has been responsible for seven confirmed attacks on cattle in the past 13 months.

Ranchers in the area had asked ODFW to wipe out the pack, which numbered 10 at the end of 2016 and at least seven when counted in March. The department decided instead to kill two adults and then evaluate the situation.

“In this chronic situation, lethal control measures are warranted,” acting ODFW wolf coordinator Roblyn Brown said in a prepared statement. “We will use incremental removal to give the remaining wolves the opportunity to change their behavior or move out of the area.”

The wolves will be trapped or shot from the ground or air in the next two weeks, according to an ODFW news release.

The Oregon Cattlemen’s Association said the order didn’t go far enough.

“As an organization, we are extremely disappointed that they are not taking out the entire pack with all the depredations that have occurred and all the work that has been done on the Oregon wolf plan,” Executive Director Jerome Rosa said in a prepared statement. “To not take the entire pack? This is code for our ranchers that cattle will continue to be killed.”

The association said dry summer weather caused the pack’s natural food source – deer and elk – to move higher into the mountains and made rancher’s cattle “easy targets.”

Cascadia Wildlands, a Eugene-based group, said it is “disgusted” the department will kill wolves. In March 2016, the department shot four wolves from the Imnaha Pack; the Harl Butte pack may include remnants of that pack and other wolves from the Imnaha and Snake River wildlife management units.

“It is becoming painfully obvious from every experience in Oregon and Washington that killing wolves leads to more conflict down the line and does not address the problem,” Cascadia legal director Nick Cady said in a prepared statement. “We are setting ourselves up for a perpetual cycle where we are throwing away public dollars and needlessly killing a still-recovering species.”

The Portland group Oregon Wild also criticized the kill order.

“If ODFW kills these wolves, it will demonstrate that Oregon has a failed wildlife agency and a broken wolf management plan,” Executive Director Sean Stevens said in a prepared statement. “It’s clear now that Gov. (Kate) Brown needs to step in and reform this failing agency so that the public can trust that its wildlife is being protected.”

In deciding to kill two wolves, the department determined livestock producers had taken proper non-lethal measures to deter attacks and hadn’t done anything to attract wolves to the livestock, such as leaving bone piles or carcasses.

Ranchers, their employees, a county range rider and a volunteer provided “daily human presence” in the area, ODFW said. One rancher in the area said the pack frequented an area that put them in the middle of several herds grazing by permit on public land.

On seven occasions in June and July, ranchers or the range rider hazed wolves that were chasing or were close to livestock. They chased wolves away by yelling, firing a pistol, shooting at them and riding a horse toward them, according to ODFW.

Ranch hands also spent the night with herds and kept stock dogs in horse trailers at night, as wolves are territorial and might be drawn to attack dogs. Some producers changed grazing practices, such as bunching cow-calf pairs in a herd so they could protect themselves. They also delayed pasture rotations to avoid moving into areas where wolves had recently been, according to ODFW.

Producers removed potential wolf “attractants” such as injured or sick cattle, taking them back to home ranches for treatment. A dead bull’s carcass was removed from an area near a pond where cattle were concentrated, according to ODFW.

The department first received a lethal control request from producers in October 2016 after a fourth confirmed depredation. ODFW turned it down at the time because cattle were being moved out of the grazing allotments. This time, cattle are expected to be grazing on public land until October and on private land until November. Brown, the ODFW acting coordinator, said there is a “substantial risk” livestock attacks would continue or escalate.

Online: ODFW wolf depredation reports

http://www.dfw.state.or.us/Wolves/depredation_investigations.asp

ELKTON — The seasonal produce stand at Elkton Community Education Center will open Saturday at 9 a.m. ECEC is located at 15850 Highway 38 in Elkton. Hours are 9 a.m.-3 p.m., closed Mondays. For information, call 541-548-2692

WASHINGTON (AP) — Interior Secretary Ryan Zinke said Wednesday he will not recommend changes to Montana’s Upper Missouri River Breaks National Monument as he continues to review national monuments for possible elimination or reduction.

Zinke said the monument is one of the only free-flowing areas of the Missouri that remains as explorers Lewis and Clark saw it more than 200 years ago.

Montana Gov. Steve Bullock had asked Zinke to keep the Breaks monument unchanged as he reviews 27 national monuments designated by previous presidents. President Donald Trump ordered the review, calling many monument designations unwarranted land grabs by the federal government. Monument designations protect federal land from energy development and other activities.

The Montana monument is the fourth Zinke has removed from his review ahead of a final report due later this month. Others removed from consideration are in Colorado, Idaho and Washington state.

Twenty-three other national monuments, mostly in the West, face curtailing or elimination of protections put in place over the past two decades by presidents from both parties. Monuments under review include Bears Ears and Grand Staircase-Escalante in Utah, Nevada’s Basin and Range and Katahdin Woods and Waters in Maine.

Zinke, a former Montana congressman, said in June that he was unlikely to recommend changes to the 586-square-mile Upper Missouri monument that President Bill Clinton created in 2001.

Zinke’s announcement about the monument in his home state did little to appease his critics, including a hunting and fishing group that supported Zinke’s confirmation as interior secretary but now is expressing frustration over what it calls the “misguided” monument review.

The group, the Backcountry Hunters & Anglers, launched a $1.4 million advertising blitz Wednesday across Montana to pressure Zinke to retain current designations for all 27 monuments under review.

The group is focusing on Montana because “this is where the secretary is from, where he grew up ... went hunting and fishing,” said CEO Land Tawney. When it comes to public lands access, “so goes Montana, so goes the rest of the country,” Tawney said.

———

Associated Press writer Bobby Caina Calvan in Helena, Montana, contributed to this story.

LOS ANGELES (AP) — Billions of dollars are expected to flow through California’s legitimate marijuana industry next year when recreational pot becomes legal, but most of those businesses won’t be able to use banks.

The reason: Many banks don’t want anything to do with pot money for fear it could expose them to legal trouble from the federal government, which still lists marijuana as illegal - and regulates the banking industry. There is particular uncertainty over how the Trump administration will react.

Because of those fears, pot dispensary operators in the 29 states where the drug is legal, either for medical or recreational purposes, often find themselves nervously handling obscene amounts of cash.

During the Obama administration, the Justice Department issued guidelines to help banks avoid federal prosecution when dealing with pot businesses in states where the drug is legal.

But most banks don’t see those rules as a shield against charges that could include aiding drug trafficking. And they say the rules are difficult to follow, in effect placing the burden on banks to determine if a pot business is operating within the law.

For example, the Justice Department wants to make sure pot profits in states where marijuana is legal are not being funneled to gangs or cartels. Banks are unsure how to make such a determination.

The number of banks and credit unions willing to handle pot money is growing, but they still represent only a tiny fraction of the industry.

Colorado tried in 2015 to set up a credit union to serve the marijuana industry but was blocked by the Federal Reserve. A court ruling last month could open the door for another attempt.

Elsewhere around the country, the Oregon Department of Revenue built a fortress-like office for dropping off and counting cash.

Some pot businesses have tried to open bank accounts by setting up management companies or nonprofit organizations with ambiguous names - in other words, by misleading the banks. But those accounts can be shut down if a bank realizes where the money is coming from.

“It is not normal for people to walk around with millions of dollars of cash. We have to deal with this reality,” lamented Los Angeles City Council President Herb Wesson, who has proposed creating a municipal bank that would serve cannabis businesses.

———

Associated Press writer Kristen Wyatt in Denver contributed to this report.

FRIDAY, AUG. 4

With marijuana legalization spurring a “green rush” in Oregon, some newly arriving cannabis entrepreneurs have drawn the ire of deep-rooted rural residents.

The accusations often center on behaviors such as speeding in all-terrain vehicles, late-night partying and otherwise pestering neighbors.

“None of that is inherent to growing this plant,” said Katie Kulla, who grows marijuana and vegetables near McMinnville, Ore. “The culture clash is the issue, not the crop.”

For farmers, the culture clash is worrisome due to suspicions that some marijuana growers illegally irrigate their crop — either out of ignorance or disrespect for the Western system of “prior appropriations” water law.

“What concerns me is people stealing water from rivers,” said Gordon Lyford, a certified water rights examiner in Southern Oregon.

In the West, water rights are based on a “first in time, first in right” system in which properties with the earliest “senior” claims to water have priority over “junior” users.

Recreational marijuana growers must prove to the Oregon Liquor Control Commission that they have water rights or can otherwise lawfully irrigate the crop, but not all producers are licensed under the system. Medical growers must be registered and receive cards from the Oregon Health Authority. Under a law going into effect next year, they will be able to sell up to 20 pounds into the recreational system under certain conditions.

Some medical marijuana growers are coming from the Eastern U.S., where water law is different, leading them to believe they can irrigate from a stream simply because it flows through their property, Lyford said.

Domestic wells aren’t supposed to irrigate commercially grown cannabis or any other crop, but medical marijuana farmers can use them as long as they’re not growing for profit.

In reality, though, it’s well known that medical marijuana is diverted onto the black market, Lyford said.

In those cases, producers can simply lie to water masters, who enforce water rights for the Oregon Water Resources Department, he said. “They’ve got a story to tell Water Resources.”

Since recreational marijuana became legal, the department has seen a spike in complaints about cannabis. In some cases, they’re legitimate, in other cases, people simply don’t like marijuana, said Racquel Rancier, the agency’s senior policy coordinator.

The question of whether medical growers are diverting their crop for profit, and thus illegally irrigating with domestic wells, is tough for the agency to answer, she said.

“That continues to be a challenge for us,” Rancier said. “It’s not always an easy process to demonstrate they’re using it illegally.”

Since the agency isn’t equipped to run sting operations or in-depth investigations, it must effectively take medical marijuana growers at their word that no profits are being earned.

“We don’t have the tools or the training or the authority to run some sort of fiscal audit,” said Ivan Gall, administrator of the department’s field services division.

However, there’s no evidence that illegal use of domestic wells by medical growers has reduced available water for legitimate irrigators, since the marijuana plots use fairly modest amounts of water, he said.

“I’ve yet to document any well-to-well interference that would injure other users in the area,” Gall said.

The agency stops illegal irrigation regardless of whether it’s affecting senior water rights, and roughly 99 percent of unlawful users comply voluntarily without the department issuing an enforcement order, he said.

Upon starting a marijuana operation on their farm near McMinnville, Ore., last year, Casey and Katie Kulla encountered no objections from neighbors.

The Kullas attribute the lack of controversy to their 10-year history of growing organic vegetables without running into conflicts with surrounding conventional farmers.

“We’re not perceived as outsiders, which I think is a big problem right now,” said Katie Kulla.

Elsewhere in Oregon, fledgling marijuana operations have met with alarm in rural communities, even prompting lawsuits in state and federal courts.

For example, a couple in Clackamas County have accused marijuana-growing neighbors of violating the federal Racketeer Influenced and Corrupt Organizations Act.

The Kullas believe they’ve avoided such reactions because nearby farmers trust their marijuana operation won’t bring loud music or raucous visitors, which are common grievances.

“Nothing for our neighbors has changed,” said Casey Kulla.

Nearly three years since Oregon voters legalized recreational marijuana, 685 producers have been licensed by the state to grow the crop and more than 800 have applications pending. Whether this development is positive or negative depends on a person’s perspective: Where some see the potential for economic rejuvenation, others see a disruption to the pastoral landscape.

“People can now make a living on 10 to 20 acres of marginal land,” said Katie Kulla.

“It brings farming activity to an area that probably hasn’t seen any except for a horse or two,” her husband added.

The novelty of marijuana production in such areas has drawn complaints that are occasionally contradictory.

While some fear declining real estate values, others lament once-affordable properties that now sell for high prices due to their suitability for marijuana cultivation.

Regardless of these conflicting arguments, it’s become clear the land use issues have grown more pronounced since the legalization of recreational marijuana.

As the marijuana industry emerges from the shadows, larger operations are expected to spring up on traditional farmland. At the same time, legal questions have arisen about regulating marijuana differently from other crops in farm zones.

Traditionally, the vast majority of medical marijuana wasn’t produced on properties zoned for “exclusive farm use,” with growers often preferring rural residential zones, said Peter Gendron, president of the Oregon Sungrown Growers Guild, which represents outdoor cannabis producers.

Under the Oregon Liquor Control Commission’s rules, recreational marijuana operations can have nearly an acre of crop canopy, which many properties in rural residential zones can’t accommodate.

Recreational marijuana operations must generally also have access to water rights, which are more prevalent in exclusive farm use zones, Gendron said. “That forces those onto farmland.”

As more marijuana is produced on a bigger, outdoor scale, prices for the crop will fall and cultivating it indoors will likely stop being affordable, he said.

Cooling, lighting and ventilation are too expensive to support commercial marijuana production in the long term, so indoor operations will likely focus on breeding and research, Gendron said.

“It’s primarily cost-driven,” he said.

Meanwhile, regulations aimed at curtailing black market marijuana sales are expected to steer medical marijuana growers into the recreational system.

Under House Bill 2198, which lawmakers approved this year, minimally regulated medical marijuana operations will be limited to 12 plants. Anybody growing more than that amount must follow OLCC’s strict “seed-to-sale” tracking system. In return, they will be allowed to sell up to 20 pounds through recreational marijuana channels.

“They wanted an outlet for surplus product where they could get some money,” said Tom Burns, a marijuana consultant who formerly worked for OLCC.

In the current market, a pound of marijuana fetches roughly $800-$1,200 per pound for the grower, said Gendron. An experienced outdoor grower can produce a pound for $200-$400, but an inexperienced grower may not generate any profit at all.

Actual prices and costs will depend on the desirability and yield of the marijuana cultivar, he said.

Oregon’s new rules will probably cause medical marijuana production to “shrink and stabilize” over time, said Rep. Carl Wilson, R-Grants Pass, vice chairman of the Oregon Legislature’s Joint Committee on Marijuana Regulation.

Stopping the diversion of marijuana into the black market — where it’s often smuggled into other states — is necessary to prevent federal intervention, as the crop remains illegal at the federal level, he said.

“I think they will make good on their pledge to shake things up if that doesn’t stop,” Wilson said.

With Oregon growing five times more marijuana than can realistically be consumed in the state, though, producers are faced with a looming oversupply, Wilson said, citing committee testimony from marijuana industry participants.

“This green rush is going to hit a bump one of these days,” he said.

Given this uncertainty, some wonder whether overzealous marijuana production will inflict long-term harm to farmland.

Certain marijuana operations are covering the ground with gravel, or even paving portions of it, to better grow the plants in containers and greenhouses, said Gordon Lyford, an agricultural engineer and certified water rights examiner in Southern Oregon, a hotbed of cannabis production.

“They don’t even use the natural soil,” he said. “These guys are just destroying the soils.”

While such practices are a common source of criticism, it’s worth noting they’re not limited to cannabis. Ornamental plants are frequently grown in containers on gravel, which is allowed outright in exclusive farm use zones.

“We don’t prevent somebody from putting in a greenhouse to grow nursery crops on EFU,” said Sunny Jones, cannabis policy coordinator for the Oregon Department of Agriculture.

Unlike other crops grown in such farm zones, though, it’s unclear to what extent Oregon’s “right to farm” law protects marijuana production.

The statute, passed in 1993, prohibits local governments from enacting nuisance and trespass ordinances that restrict common farming practices, such as those that stir up dust or emit unpleasant livestock smells.

Under Oregon’s marijuana laws, though, local governments can impose “reasonable” regulations on the “time, place and manner” of cannabis production. County commissions can opt out of any marijuana production altogether, as long as 55 percent or more of the county voted against legalization. Those counties where fewer than 55 percent of the people voted against legalization can also opt out, but the matter must be put to an election.

In response, some counties have opted to allow production but are requiring setbacks between marijuana plots and neighboring properties, among other rules.

Since the laws are so new and untested in court, it’s uncertain at which point these limits become unreasonable and impinge on the marijuana producers’ “right to farm.”

“That’s the $100,000 question. There’s been no precedent set,” said Corinne Celko, an attorney with the Emerge Law Group. “Cities and counties are in some instances pushing the envelope but nobody has been pushing back in a formal, legal way, saying, ‘They’ve gone too far.’”

Marijuana’s distinctive odor is cited by critics to justify restrictions, for example, but the smell of a dairy or livestock farm could not serve as a basis for such regulations.

The tension between the “time, place and manner” law and the “right to farm” law may eventually be resolved in court, unless lawmakers first clarify how the two statutes interact.

If the matter does end up before a judge, the more-recent “time, place and manner” law would probably be assumed to be a valid modification of the “right to farm” law specific to cannabis, said Tim Bernasek, an agricultural attorney with the Dunn Carney law firm.

“There’s a presumption the legislature knows what it’s doing,” Bernasek said.

No recreational marijuana grower has yet filed a lawsuit against county “time, place and manner” restrictions, but that doesn’t mean they’re at peace with the rules.

The situation is particularly inflamed in Deschutes County, which is unique in subjecting marijuana applicants to a full land use process that includes neighbor notification and public hearings if a proposal encounters opposition.

Marijuana growers in the county can produce the maximum canopy of nearly an acre only on properties larger than 60 acres.

Plots must be a minimum of 100 feet from neighboring property lines, 300 feet from neighboring dwellings and 1,000 feet from schools, childcare facilities and youth centers.

Greenhouses in Deschutes County are prohibited from using lights at night, whether they contain cannabis or other crops.

Andrew Anderson, a marijuana grower and board member of the Deschutes County Farm Bureau, can only utilize 20,000 square feet of his 31,000 square feet of greenhouses because his property is less than 60 acres.

Even so, Anderson considers himself luckier than other prospective marijuana growers in the county, who were unable to win approval under the land use process despite sizable investments.

“It’s really frustrating to have that happen to people who are following all the rules,” he said. “Our goal is just to have reasonable rules.”

Anderson believes Deschutes County is nominally allowing marijuana production to get state cash from marijuana taxes while effectively regulating it out of existence.

“It’s skirting the system to bring in tax revenues without granting licenses,” he said.

Nick Lelack, the county’s community development director, disagrees that the rules are intended to discourage marijuana production.

Rather, they’re crafted to meet the distinct needs of Deschutes County, where vegetation is too sparse to provide an effective buffer around marijuana plots compared to more verdant parts of the state, Lelack said.

“We tried to thread the needle between allowing this emerging industry to be successful here and mitigating a lot of issues rural residents raised,” he said.

It’s better to empower counties with local control over marijuana production — or opt out of marijuana businesses altogether, as many in Oregon have — rather than force the crop onto communities, said Rob Bovett, legal counsel for the Association of Oregon Counties.

Otherwise, community opposition to marijuana could invite federal intervention and spur more lawsuits among neighbors, Bovett said.

“We’re really licensing people to commit federal crimes,” he said. “It is a unique policy space unlike anything else.”

Unless marijuana is legalized at the federal level, it can’t be treated just like any other crop under the “right to farm” statute, he said.

“It is different, legally and otherwise. Pretending otherwise is not going to work,” Bovett said.

PORTLAND — Oregon Congressman Earl Blumenauer isn’t on the House ag committee, but like many in the Portland district he represents, he’s keenly interested in food and farming and has some ideas about how it should be supported in the next farm bill.

Blumenauer, familiar in Congress for his bow ties and bicycle lapel pins, has spent the past two years asking what the farm bill would look like if it were written for Oregon. That is, providing budget and policy support for small and organic farms, local food systems, conservation programs, sustainable ag practices and for growing fruit and vegetables instead of providing subsidies for “cotton grown in the desert,” as he put it during an Aug. 1 appearance in Portland.

He believes the farm bill, up for reauthorization in 2018, gives “too much to the wrong people to grow the wrong food in the wrong places.” He said USDA spending for the type of agriculture practiced in Oregon, with 220 commodities and emerging regional food hubs, amounts to a “rounding error” in the department’s $140 billion annual budget.

Blumenauer wants to change that. He’s drafted the Food and Farm Act, essentially an alternative farm bill, and plans to introduce it this fall. He also released a report https://blumenauer.house.gov/growing-opportunities that summarizes his findings from two years of talking to farmers, ranchers, consumers and other stakeholders.

In a presentation at Zenger Farm in East Portland, Blumenauer said a farm bill revised to reflect Oregon’s style of agriculture would find favor in many other farming states, including California and Washington.

He said the broad range of USDA’s activities mean a revised farm bill would address problems across the country.

“The farm bill is the most important health bill,” he said. “It’s the most important environmental bill. It’s an opportunity to link rural and small town Oregon with population centers. It’s economic development. Anyone here eat? Drink water?

“The punchline is that nobody understands the farm bill,” Blumenauer continued. “The complexity, I think, in some cases is purposeful.”

Organics, conservation work, fruit and vegetable “specialty crops” and small farms have been funded piecemeal, thrown financial “crumbs” in previous farm bills, he said. “We want to have a comprehensive farm bill that we offer up to have a point of departure, to change the conversation.”

Blumenauer’s Portland audience included Alexis Taylor, the Oregon Department of Agriculture director, and representatives from groups such as Oregon Tilth, which certifies organic operations, the Oregon Food Bank, the Oregon Winegrowers Association and Grand Central Cafe and Burgerville, local chains that prominently feature regionally produced food on their menus.

While generally supportive of Blumenauer’s ideas on the farm bill, some in the audience questioned how the reforms will fare in an embattled Trump administration.

Blumenauer acknowledged the administration has “not displayed a lot of legislative dexterity” and said changes will have to be carried through Congress by a broad coalition.

“It’s hard with this administration to know where to start,” he said. Supporters should concentrate on “What we are for and why we are for it,” he said.

“We need to build a coalition, build the case, and not be distracted by the next Dumpster fire.”

PORTLAND, Ore. (AP) — Owners of a Tillamook County dairy farm say a couple leasing their property stole more than 200 of their cows - as well as tools and equipment - and the landlords are suing their insurer in federal court for failing to cover the losses.

The Oregonian/OregonLive reports Robert and Janet Chatelain leased with an option to own the Dairy Farm in Cloverdale to a couple in December 2009. At the time, the farm had about 230 milking cows, 166 heifers, two bulls and a shop full of tools needed to run the operation.

Nearly four years later, the owners say they evicted their tenants because of a lease violation. When the owners moved back to their property, they discovered 113 milking cows and 100 heifers were missing.

“That farmhouse was the pride and joy of Mrs. Chatelain,” the couple’s lawyer Frank V. Langfitt argued before a jury Tuesday. “About half the dairy herd - the livelihood of the Chatelains - was gone. ... When the cows are gone, the milk is gone and the income is gone.”

The Chatelains accuse County Mutual of failing to fully investigate their claims of vandalism and property damage before denying their claim in 2015. The insurance company says the couple failed to file property claims for property damage and vandalism.

“This was a civil dispute. This was a breach of a lease that the Chatelains should have handled in state court,” company lawyer Daniel E. Thenell said. “Saying the cows were missing is not the issue. The plaintiffs have to prove the cows were stolen in this policy period. It’s tragic, but it’s not a theft.”

The trial began Tuesday in U.S. District Judge Michael W. Mosman’s courtroom before a seven-member jury. It’s expected to last through the end of the week.

WEDNESDAY, AUG. 2

The global increase in pasture-based cattle production has many livestock producers adding more forage varieties to their fields.

Serkan Ates, assistant professor in Oregon State University’s Department of Animal and Rangeland Sciences, took notice of the trend, and is researching a more efficient method of pasture management to improve livestock production.

He is conducting two experiments this fall. The first is a comparison of simple pasture mixtures planted in separate strips to create something of a “buffet” rather than a “salad bar,” a term coined by author and farmer Joel Salatin in his 1995 book, “Salad Bar Beef.”

“Instead of mixing these plant spaces, how about spaciously planting them in strips, so (animals) eat whatever they want,” Ates said. “Also, different plant spaces have different needs; legumes don’t need to be fertilized so heavily as grasses. (We can) tailor the fertilization input, demand for each crop.”

Ates thinks this separation will also keep plants from competing with one another.

The other experiment will focus on dryland sheep farms and evaluate which plant mixtures can be best established, and how that will impact fields and animals in the long term.

He hopes his experiments can also overcome the problem of waterlogged fields, if he sets up spaces for plants that are tolerant to the wet environment.

While Ates is focusing on refining the grazing management process, several livestock producers in Oregon’s Willamette Valley have been applying similar concepts to their pastures.

Organic dairy farmer Jon Bansen of Double J Jerseys only considers something a weed if his cows won’t eat it.

“With different types of feed, every type you grow has different chemical makeups, different vitamins,” he said. “Each plant has a different relationship with the microbes in the soil, different relationship with bacteria. It’s a lot more nutritious feed if it contains a bunch of different plants.”

Bansen plants what he knows cows like, especially dandelions. Among the other forages in his pasture are chicory, plantain, taproot, clovers and grasses such as orchardgrass and fescue.

Along with known favorites, David McKibben of McK Ranch is leaving thistles and noxious blackberries in his field to see if his livestock will eat them. The ranch produces grass-finished beef. The cows will nibble at them, Mckibben said, but they’re not in the same way his red clover, rye grass and alfalfa pasture base is.

“There’s not many people who use alfalfa because it’s so valuable as a commodity, but we find it scattered through the pasture,” McKibben said. When the alfalfa gets low, he will let the grass return before he plants more. He said alfalfa is not competitive with the grass when it starts to grow.

McKibben divides his fields into small sections, giving his cattle three to four days to consume both the protein and energy portions of the plants.

“They pick the protein and then have to graze lower for energy, which is down by the roots,” he said. “They’ll go through a big area and get all the protein, but a lot of protein doesn’t produce fat; they need protein and energy.”

Despite its rapid growth at the meat market, grass-finished beef is still a modest part of the industry, John Marble, cattle stocker at Heart Z Ranch, said.

Marble manages an intensive grazing system on permanent pastures, and tends toward zero-input that includes no direct costs. His grazing program involves “frequent moves for the cattle and long rest periods for the grass,” he said.

All of Marble’s products — stocker calves, pairs and butcher cows — are sold into the conventional commercial market.

“I’m happy for the folks who are in the specialty markets like organic or grass-fed or direct sales, but frankly, those markets are very complicated,” he said. “That said, the grass-fed market is growing rapidly and appears set to continue capturing more market share. The reasons are complex, but some of it boils down to demand: The public seems to be saying they want more grass-fed options. That’s a good thing for graziers.”

Beyond the public demand for grass-finished beef, an increase in grain prices has the potential to make the market more competitive.

“People are demanding grains for their own consumption, creating competition between human and animal for grain,” Ates said. “It’s just not as affordable to feed with that anymore.”

The McPhillips Farm in McMinnville, Ore., is throwing a different type of eclipse party.

Called “Goateclipse,” will be a campout with the McPhillips family and their herd of 35 Toggenberg goats at their farm. The event will be from noon Sunday, Aug. 20, to noon Monday, Aug. 21. The eclipse will be the morning of Aug. 21.

Ramsey McPhillips, owner of the 150-year-old McPhillips Farm, said that he had the idea to throw an eclipse party for friends and family, but decided to open it to the public.

“It’s like an eclipse petting zoo,” he said.

Activities include petting goats, swimming in the Yamhill River and showing movies in the barn and house, McPhillips said. There will also be a bring-your-own-bottle cocktail party, a barbecue and a cowboy blackberry pancake breakfast.

Goateclipse is a fundraiser for the McPhillips family to “offset legal fees necessary to go before the Oregon Supreme Court to stop the expansion of Riverbend Landfill in wine country,” according to the Goateclipse press release.

The family has been fighting the landfill expansion for the past nine years.

In addition to goats, the McPhillips farm also has 100 sheep and one turkey.

“Goats are like dogs, you can pet them and they’re very friendly,” McPhillips said. “People love goats and it truly is one of the most beautiful farms, if I do say so myself.”

Information

Tickets are $100 a person and available at http://bit.ly/2h0Alch. For more information, call 503-223-7777.

WASHINGTON (AP) — Attorneys general from 15 states filed a legal challenge on Tuesday over the Trump administration’s delay of Obama-era rules reducing emissions of smog-causing air pollutants.

The states petitioned the U.S. Court of Appeals for the D.C. Circuit to overturn Environmental Protection Agency Administrator Scott Pruitt’s extension of deadlines to comply with the 2015 Ozone National Ambient Air Quality Standards.

Pruitt announced in June he was extending the deadlines by at least one year while his agency studies and reconsiders the requirements. Several pro-business groups are opposed to the stricter rules, including the American Petroleum Institute, the American Chemistry Council and the U.S. Chamber of Commerce.

New York Attorney General Eric Schneiderman, who was among the state officials who filed the lawsuit, said EPA’s delay violates the Clean Air Act.

“Yet again the Trump EPA has chosen to put polluters before the health of the American people,” Schneiderman said. “By illegally blocking these vital clean air protections, Administrator Pruitt is endangering the health and safety of millions.”

Ground-level ozone can cause serious breathing problems among sensitive groups of people, contributing to thousands of premature deaths each year.

New York was joined in the case by California, Connecticut, Delaware, Illinois, Iowa, Maine, Massachusetts, Minnesota, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington, and the District of Columbia.

EPA spokeswoman Enesta Jones said the agency does not comment on pending litigation.

Pruitt, the former attorney general of Oklahoma, has charged ahead with efforts to weaken, block or delay a wide array of stricter pollution and public health standards following his appointment by President Donald Trump earlier this year.

Pruitt’s delay of the 2015 ozone standards comes as Republicans in Congress are pushing for a broader rewrite of the rules. A House bill approved last month seeks to delay implementation of the 2015 rules at least eight years. The measure has not yet been brought to a vote in the Senate.

More than a dozen major health organizations oppose the GOP-backed measure, including the National Medical Association, the American Academy of Pediatrics and the American Public Health Association. The head of the American Lung Association called the industry-backed bill a “direct assault” on the right of Americans to breathe healthy air.

Ground-level ozone is created when common pollutants emitted by cars, power plants, oil refineries, chemical plants and other sources react in the atmosphere to sunlight. The National Ambient Air Quality Standards adopted by EPA in 2015 reduced the allowed amount of ground-level ozone from 75 parts per billion to 70 parts per billion.

EPA estimated at the time that the $1.4 billion it would cost to meet the stricter standards would be far outweighed by billions saved from fewer emergency room visits and other public health gains.

The agency cited recent studies showing ozone at 72 parts per billion is harmful to healthy adults exercising outdoors. Children are at increased risk because their lungs are still developing and they are more likely to be active outdoors when ozone levels are high, the agency said.

Forecasters say the threat of major U.S. wildfires will remain high throughout August in Southern California, northern Nevada and parts of the Northwest and northern Great Plains.

The National Interagency Fire Center’s monthly outlook released Tuesday said high temperatures have dried out live and dead vegetation.

A severe drought in eastern Montana and the western Dakotas is making the fire danger worse.

The center reported 36 large wildfires burning Tuesday, including 11 in Montana, nine in California and six in Oregon.

In the Northwest, the fire danger was above normal in eastern Washington, eastern Oregon and most of Idaho.

The risk is also high in northern Wyoming and on Hawaii’s Big Island.

August fire potential was low in the Southeast and normal across most of the rest of the U.S.