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Irrigators claim judge erred in hydropower ruling

Capital Press Agriculture News Oregon -

Irrigators who rely on the Columbia and Snake rivers claim there’s a serious error in a recent court ruling that rebukes Northwest hydropower operations.

U.S. District Judge Michael Simon recently held the federal government’s plan for operating 14 Northwest hydroelectric dams unlawfully jeopardizes threatened and endangered fish.

The ruling criticized several federal agencies for disobeying earlier orders to make “more aggressive changes” to the hydropower system and for spending billions of dollars on habitat restoration with little effect on imperiled species.

Federal agencies have repeatedly been urged to consider breaching or removing four hydropower dams along the Snake River to ease fish passage, but they have “ignored these admonishments” and “done their utmost to avoid considering” this action “for decades,” the judge said.

These findings were key in Simon’s conclusion that federal plans to mitigate negative fish impacts were “arbitrary and capricious” in violation of the National Environmental Policy Act.

However, the Columbia-Snake River Irrigators Association argues the judge is wrong because the government has studied in detail the possibility of breaching the dams.

“It’s a major procedural error. Frankly, it shows the level of bias in the decision,” said Darryll Olsen, board representative of the CSRIA.

The group has filed a motion asking Simon to correct his opinion because multiple studies have examined breaching the dams, including a seven-year analysis that rejected dam removal because it would increase water temperatures to the detriment of fish.

The CSRIA hopes the motion will persuade Simon to reconsider his ruling or convince federal agencies to challenge the decision before the 9th U.S. Circuit Court of Appeals, Olsen said.

“To suggest it has not been reviewed is dead wrong,” he said. “I don’t think he can just blow it off.”

Removing the dams wouldn’t improve the survival of protected fish or end litigation, so that option wouldn’t help irrigators affected by the lawsuit, Olsen said.

Irrigators are concerned about the hydropower litigation — which has lasted for 15 years — for multiple reasons, he said. “It makes anything we do in water management more difficult.”

Requiring more water to be left in-stream for fish would reduce supplies for irrigators if state regulators refuse to issue new water rights or require irrigators to give up water when transferring or changing water rights, he said.

Environmentalists want to reduce the amount of water stored in reservoirs, claiming this would improve flow rates, which would further reduce availability.

The enormous cost of changing the hydropower system to aid fish recovery also drives up the cost of electricity, on which irrigators spend a lot of money for pumping water.

“We are definitely worried because you never know how state and federal agencies will react,” Olsen said.

The CSRIA hopes that judge’s most recent rejection of federal plans for the hydropower system — the fourth such ruling — may spur the formation of a special “Endangered Species Act Committee,” also known as a “God Squad,” which could exempt the dams from ESA requirements as long as mitigation measures are implemented.

Otherwise, it’s unlikely the litigation by environmental groups will cease, Olsen said. “They can simply challenge this thing ad nauseum.”

Industry criticizes, salmon advocates cheer Columbia Basin BiOp ruling

Capital Press Agriculture News Oregon -

Once again, a federal district court judge is telling government agencies to reconsider how they operate hydroelectric dams in the Columbia River Basin to better protect endangered salmon runs.

The ruling last week drew cheers from conservation, sport fishing and tribal representatives, who pushed for new solutions to buck the status quo — up to and including removing all four dams on the Lower Snake River.

Todd True, an attorney with the environmental group Earthjustice, spoke during a teleconference Thursday and said the system needs to operate more like a natural flowing river, and less like slack-water pools.

“Those dams bubble to the top of things that need to be addressed,” True said.

On Wednesday, Judge Michael Simon rejected the feds’ 2014 biological opinion for salmon in the Columbia Basin, saying it violates both the Endangered Species Act and National Environmental Policy Act. It’s the fifth time a judge has ruled against the biological opinion, or BiOp, since the lawsuit was initially filed in 2001.

True said the judge’s ruling represents a real turning point in the issue, and the clearest indication yet that what the agencies have done to date isn’t working.

“I think the time for government stonewalling is over,” True said. “I think starting over is exactly what the judge is asking us to do.”

Conservationists, along with the state of Oregon and Nez Perce Tribe, sued over the 2014 BiOp, which is prepared by the National Oceanic and Atmospheric Administration. The nuts and bolts of the plan are handled by the U.S. Army Corps of Engineers, which operates the dams, and Bonneville Power Administration, which markets the electricity to utilities such as the Umatilla Electric Cooperative.

A spokesman for BPA said the agencies are disappointed and will take some time to fully digest the ruling.

Terry Flores, with Northwest RiverPartners, said the ruling discounts billions of dollars worth of work on fish passage and habitat improvements that have helped some salmon runs eclipse records in recent years.

Northwest RiverPartners represents the interests of utilities, farmers, ports and businesses on the Columbia and Snake rivers. Flores, the coalition’s director, said continued litigation will only lead to more process, which does nothing positive for fish. She also said dam removal on the Lower Snake is a frustrating proposition that would eliminate up to 3,000 megawatts of clean, renewable power.

“Obviously, fish would probably be better off without any dams,” Flores said. “But you have to look at the whole picture.”

True said those options — including increased spill over dams and potentially drawing down water behind the John Day Dam — are all part of the equation. He was joined at Thursday’s conference by Glen Spain, with the Pacific Coast Federation of Fishermen’s Association; Liz Hamilton with the Northwest Sportfishing Industry Association; Anthony Johnson, chairman of the Nez Perce Tribal Executive Committee; Marc Krasnowsky, spokesman for the Northwest Energy Coalition; and Dustin Aherin, owner of Idaho River Adventures in Lewiston.

Spain, whose organization represents commercial fishing families along the West Coast, said the 2014 BiOp represented “institutional insanity,” and the judge’s ruling gives them an opportunity to really think about a new way forward. He also said the Lower Snake River dams are, in many ways, no longer necessary.

“It has cost us an enormous amount of money in the region to do the same failed things over and over,” Spain said.

BPA and the Army Corps of Engineers argue they have made improvements at Columbia and Snake river dams to support fish passage. At McNary Dam, the Corps said it installed two weirs at spillway gates and re-routed its juvenile fish passage channel to boost survival rates. About 40 percent of the river is also spilled over the dam to ensure juveniles can pass, without over-saturating the water with gas bubbles that can actually harm fish.

Salmon advocates say it hasn’t been enough. Warm water in the basin was especially devastating to endangered sockeye last year, when 96 percent of the run died before ever making it to Lower Granite Dam in southeast Washington.

The Nez Perce Tribe has stood alone among those challenging the BiOp. Johnson said the ruling was a powerful statement supporting their effort.

“We know there is a long road ahead,” he said. “We’ll do everything necessary to ensure there are salmon for our children and grandchildren to come.”

Solar farm slated for Central Oregon

Capital Press Agriculture News Oregon -

BEND, Ore. (AP) — A Canadian energy developer is closer to putting a solar farm in central Oregon.

The Bulletin reports Saturn Power Corp. is planning a 10-megawatt facility that could power 1,500 homes each year.

Deschutes County’s permit and plan approval for the project was finalized last week after the appeal period ended without opposition.

A company consultant said last year that the electricity will be sold to Pacific Power.

Bend-based Sunlight Solar Energy operates 1,566 solar panels at the Central Electric Cooperative in Bend. Founder and president Paul Israel says there has been plenty of interest in putting commercial solar facilities in Oregon, but that the process is slow.

Developers behind a planned 20-megawatt facility have asked the county to approve revised construction plans.

Ethics complaint reveals split on Klamath Irrigation District board

Capital Press Agriculture News Oregon -

KLAMATH FALLS, Ore. (AP) — Two Klamath Irrigation District board members have filed complaints against their colleagues, saying they broke public meeting laws.

The complaint filed with the state ethics commission says Board Chairman Brent Cheyne, Board Vice President Grant Knoll and board member Ken Smith decided prior to public discussion to fire district manager Mark Stuntebeck. He later agreed to resign.

The complaint filed by board members Dave Cacka and Greg Carleton also says the board also tackled subjects not allowed in executive session on Feb. 29 and March 15.

A separate complaint sent to the Oregon State Bar alleges legal counsel Nathan Rietmann “aided and coached” a majority of the board to violate the public meeting law.

Rietmann declined comment when reached by the Herald and News of Klamath Falls.

Oregon grass seed acreage this spring is down

Capital Press Agriculture News Oregon -

Oregon grass seed acreage is down slightly this year, according to the National Agricultural Statistics Service office in Portland.

Growers will have 118,000 acres of annual ryegrass available for harvest this summer, down about 4 percent from 2015, NASS reported.

Acreage of perennial ryegrass is at 97,000 this year, the same as last, and turf type tall fescue and forage type tall fescue also are unchanged at 115,000 acres and 15,000 acres, respectively. Acreage of K-31 type tall fescue is at 9,000 this year, down from 10,000 in 2015.

Roger Beyer, executive director of the Oregon Seed Council, said the acreage numbers reported by NASS are “right in the ballpark.”

“There’s nothing alarming in the report that I could point to,” he said.

Beyer said grass seed acreage often fluctuates, especially in the Willamette Valley, where farmers switch back and forth between wheat and grass seed.

He said the domestic market for grass seed has largely recovered from the recession, when demand plummeted as homebuilding and other development stalled. The export market, however, has slowed in response to the strong U.S. dollar, which makes Oregon seed more expensive, Beyer said.

The NASS report said 2015 yields were down due to drought. Damage from lack of water was “very apparent in the fall and some fields were slow to recover,” the agency said.

A recent report from Oregon State University Extension bears that out. In 2014, Oregon farmers harvested 269 million pounds of annual ryegrass on 120,830 acres. In 2015, acreage increased slightly to 121,290 acres, but produced only 220 million pounds of seed.

This spring brought adequate moisture and growers are hoping for a break from the dry weather of last year, NASS reported. Growers reported damage this past winter from cut worms, mice and slugs, NASS said.

4-H wagon train retraces the footsteps of pioneers

Capital Press Agriculture News Oregon -

Thirty-six years ago, Oregon State University Extension educator Lyle Spiesschaert was looking for a way to improve the 4-H programs in Washington County.

What struck him was the lack of club-based activities geared toward interacting with the outdoors and being around horses.

That wasn’t all.

“We kept talking about how important the family was,” Spiesschaert said. “Parents are usually on the sidelines and the groups are geared toward competing.”

Spiesschaert set out to create an outdoor, family-oriented, non-competitive 4-H group with horses. Those interests, combined with his family’s interest in collecting authentic covered wagons, gave birth to the Washington County 4-H Wagon Train.

The first trip was in 1981 when Spesscheart and his father rolled out in the same covered wagon his great-great grandfather used.

Traveling the same fading ruts as their forebears, the modern-day pioneers make a 60-mile, 8-day journey each July. It often includes areas around Santiam, the Barlow Trail, Mount Hood National Forest — even over the top of the Cascades.

This year the 4-H Wagon Train is headed to the Sisters area near a section of the Old Santiam Wagon Road in Central Oregon.

“We have about half a dozen real covered wagons that go every year,” said Executive Wagon Master Leslie Mcleod, who makes her seventh journey this year. Alongside are walkers, riders and a support crew that leap-frogs ahead to the next stopping point with food and other niceties.

“We eat like kings,” Mcleod said. “Our cook is from Shari’s and we’ll have prime rib, huge meals. We burn so many calories we can eat whatever we want.”

But the food is not the best thing about the trip.

“I see kids and adults have a transformation that’s hard to explain,” she said. “They grow by leaps and bounds and mature in different ways. We all cry at the end because we’ve become one big family.”

Facing and surmounting unexpected challenges bonds the travelers together.

“Every year something unexpected happens,” Spiesschaert said. “They get together and make a decision and feel the success of doing it.”

Muleskinner Wayne Beckwith’s team of four pulls his 1883 wagon, which has surmounted many a snag in its day.

“We don’t purposely plan on challenges but we get them every year,” Beckwith said.

Member Lee Wiren is a professional photographer, who has documented the trip for the past several years.

“It’s a time to really bond with your own family and meet some good people,” Wiren said. “Even more than that, you can become a piece of history, walk in the moccasins of someone who went before.

“Taking a week out of everyday life is huge for people but I guarantee once they get on the trail they forget about all that stuff,” he added.

Wiren’s daughter Sezanna, 15, has been part of the wagon train since she was 9; her grandparents, brother, dad and cousin have all taken part over the years.

“I walked and sometimes I rode in the wagon,” she said. “It’s pretty eye-opening to imagine what it would be like if you had to live it all the time.”

Washington County 4-H Wagon Train

Orientation: 5 p.m., May 7

Place: Washington Street Conference Center, 222 S First Ave., Hillsboro, Ore.; park in lower level of parking structure.

Trial run: June 25-26

Trip: July 9-16

Cost: $225, includes all meals.

Need not be Washington County resident; open to families and singles ages 9 and up

Contact: 503-821-1119; www.4hwagontrain.org; 4hwagontrain@gmail.com; Facebook

April Oregon heat produced dramatic snowmelt

Capital Press Agriculture News Oregon -

PORTLAND — Where did Oregon’s snow go? April’s heatwave was so intense that nine automated snow monitoring sites recorded the most dramatic April snowmelt on record.

Among monitoring sites that typically have snow on May 1, 75 percent lost between 3 and 4 feet of snow in the month, according to the USDA’s Natural Resources Conservation Service.

The early runoff helped fill reservoirs around the state, but means streamflows will be below normal this spring and summer, especially in Southern and southeastern Oregon, the NRCS reported in its May water supply bulletin.

“Once the snow is gone, streams will be at the whim of temperatures and spring rainfall,” the NRCS’s Portland snow survey team reported. The National Oceanic and Atmospheric Administration’s Climate Prediction Center said the state can expect above normal temperatures for the next three months, although with above normal rain in Southern Oregon.

The rapid melt adds to a wacky water year. Much of the Pacific Northwest received normal to above average rain or snow last fall and winter, and by the end of March the snowpack was above average in many areas. April changed that.

“This year highlights not only the importance of peak snowpack quantity, but also the importance of the rate, timing and amount of snowmelt,” the NRCS said in its Oregon report. “These snowmelt characteristics are arguably as important as peak snowpack amount in shaping how streamflow is distributed throughout the spring and summer.”

Normally, melting snow feeds streams at a slower pace that sustains the water supply later into summer, the NRCS said.

Spring rains will be come more important factors than usual, the agency said.

“If plentiful, it could help delay irrigation demand and increase reservoir storage, potentially offsetting or buffering the impacts of early snowmelt,” the agency’s snow survey team concluded.

Oregon clarifies industrial hemp rules

Capital Press Agriculture News Oregon -

Oregon has adopted temporary rules for people who want to grow or handle industrial hemp this summer. Revisions in the rules reflect changes made by the Oregon Legislature, state Department of Agriculture spokesman Bruce Pokarney said.

The rules are good for 180 days, after which the ag department will adopt permanent rules. Rules for private testing labs accredited for hemp and hemp products will be covered during the permanent rule process.

The major changes for growing and handling include:

• The minimum acreage requirement for growers is eliminated.

• Growing in greenhouses or other indoor areas is permitted, and growers now can plant in pots or containers.

• All propagation methods are now allowed, including seeds, starts or clones or cuttings.

• A single registration can cover multiple growing areas. While non-contiguous growing areas must be declared, there are no additional fees.

• Growing and handling operations require separate registrations and fees.

• Registration now is good for only one year and costs $500 annually. Growers and handlers licensed under the old three-year permit system get a complimentary registration for the remainder of their term. Growing or handling hemp seed requires registration and payment of a $25 fee.

More information about industrial hemp, a link to the temporary rules and a registration form are at http://go.usa.gov/hbfF.

Straw-compressing dispute raises Oregon land use questions

Capital Press Agriculture News Oregon -

SALEM — A conflict over a straw-compressing facility has raised legal questions over what type of crop “processing” or “preparation” is allowed outright on Oregon farmland.

The Oregon Court of Appeals must now decide whether a farmer near Albany, Ore., may run the facility without a county permit restricting its operation.

The dispute centers on whether straw-compressing qualifies as the “preparation” of a crop, which is allowed outright in farm zones, or if it’s a form of “processing,” which requires a conditional use permit.

Jim Johnson, land use specialist for the Oregon Department of Agriculture, said the ruling would be significant if it affects which activities are considered “farm uses” under the state’s land use law.

Farmers depend on seed-cleaning and straw-compressing services to get crops ready for market, he said. “They also need infrastructure to support their operations.”

In the case, John Gilmour had obtained a conditional use permit from Linn County for the facility but then found that the operational time limits were hurting his reliability as a straw supplier.

In some circumstances, the facility must run around the clock to meet the demands of straw buyers in Asia, Gilmour said. “Without that ability, I’m not very competitive.”

Earlier this year, the Oregon Land Use Board of Appeals, or LUBA, held that Gilmour doesn’t need a conditional use permit because straw-compressing is “essentially an extension of the initial baling of the straw, which occurs in the field, that is simply further preparation in the facility, and therefore accurately characterized as a farm use.”

Neighbors who are concerned about traffic and noise from the facility have challenged that finding before the Oregon Court of Appeals, which heard oral arguments in the case on May 5.

Suzi Maresh, a neighbor, said the facility is a “huge safety issue” because large trucks turning onto a narrow roadway are an “accident waiting to happen.”

Neighbors and the facility would be better off if it were located near a major freeway because the nearby roads are inadequate, she said.

Maresh said she doesn’t believe the straw-compressing facility is covered as a “farm use” under Oregon law because it brings most of its straw from other farmers and operates year-round.

“I don’t think this is farming,” she said.

Alan Sorem, attorney for Gilmour, said the facility can accept other people’s straw because it’s also grown on land that’s zoned exclusively for farming.

The fact that trucks are frequently needed to bring the compressed straw to market is expected and doesn’t preclude straw-compressing as a “farm use,” he said. “The commercial nature is not relevant here.”

Straw-compressing is clearly a type of crop “preparation,” unlike the “processing” of berries into jam, which cannot be reversed, Sorem said during oral arguments.

“Whether it’s been compressed or not, once you cut open the bale, it’s just straw,” he said.

Sean Malone, an attorney for the Friends of Linn County conservation group and concerned neighbors, said LUBA committed an error by declaring that straw-compressing is crop “preparation” without sufficiently examining whether it’s also “processing.”

“We’ve been given half a look. We haven’t been given the whole analysis by LUBA,” Malone said.

The agency acknowledged that the two terms were “potentially overlapping,” so the county’s interpretation that straw-compressing is “processing” should stand under Oregon’s land use law, he said.

“Given the ambiguity of the term, that provides the county with a certain latitude,” he said.

Ross Nels Iverson, patriarch of Wooden Shoe Tulip Farm, dies at age 90

Capital Press Agriculture News Oregon -

MONITOR, ORE. — It may come as no surprise that Ross Nels Iverson’s family is asking friends to bring their favorite tractors to the celebration of his life that will be held Saturday, May 7.

Iverson, patriarch of the family’s famed Wooden Shoe Tulip Farm and other agricultural enterprises, loved family, friends and farming. A line of tractors in his honor seemed a fitting — and funny — way to acknowledge the connection.

“I think it would make him smile,” said Paul Iverson, the youngest of his six children.

Ross Iverson died at sunset on April 26, with his family by his side. He was 90. The celebration of life will be held at 2 p.m. Saturday at Wooden Shoe Gardens, 33814 S. Meridian Road, Woodburn.

He was born Sept. 14, 1925, on the family farm in Bear River City, Utah, and moved with his family to Portland when he was 17. He graduated from Grant High School and served in the U.S. Army Air Corps during World War II.

He married Dorothy Van Veen in 1950 and they were married 63 years before her death in 2014. They bought a farm in Monitor and there raised six children: Steve, Karen, Nels, Ken, Barb and Paul. The couple also traveled extensively, visiting six continents.

Ross Iverson was active in the community, serving 60 years with the Monitor Fire Department as volunteer, chief and on the board of directors, and 25 years with the Clackamas Soil and Water Conservation District. He also was involved with the Monitor Telephone Co-operative, served on the Ninety-One School and Canby High School boards, and was a director with the Federal Land Bank. He also enjoyed classical music and opera.

But it was farming, his family said in a published obituary, that was his “life, vocation and hobby. He loved nothing more than overseeing and directing everything happening on the farm.”

During tulip season, Iverson enjoyed chatting with visitors who flocked to the farm. He was known to raid tulips from the farm’s coolers and delighted in delivering them about the community.

Paul Iverson said his father was a quiet man who endured accidents and illness and “never cheated anything but death. He took it in stride.”

He said his father would be humbled by the outpouring of cards and calls the family has received.

“He was a great man, he taught us a lot of good things,” he said.

Malheur occupation trial could last for months

Capital Press Agriculture News Oregon -

U.S. District Judge Anna Brown is preparing for the trial of the Malheur National Wildlife Refuge occupiers to last a long time, possibly months.

Speaking during a pre-trial status hearing Wednesday in Portland, Brown said she still wanted the trial of Ammon Bundy and the other occupiers to begin Sept. 7. But she also discussed how the court would manage breaks for holidays, including Thanksgiving and Christmas, if necessary.

“Heaven forbid we’re still doing this then,” Brown said.

Wednesday’s hearing covered a range of topics, including jury selection and where the trial would be held.

Brown said jury selection would likely draw on a pool of 1,500 people, although where those people would come from hasn’t yet been decided.

The selection could be limited to the Northwest section of the state, which includes both Portland and rural areas. But defense attorneys argued they’d like to see jury members drawn from more rural parts of the state, such as the Pendleton court district. Brown said she was open to the idea of a proportionally drawn pool.

Summons for jurors could go out as early as next month.

Defense attorneys also said they’d like to commission studies to look at how media coverage throughout the occupation may have affected the viewpoints of possible jurors. Lawyers said they’d use the nearly $130,000 studies to determine if they’d get a fair trial in Oregon.

If commissioned, the polls could take up to 150 days, which means they’d finish at or near the scheduled September trial date.

Attorneys also discussed the idea of allowing a half-dozen defendants who have already been released from custody to sever their cases from those of Bundy and other leaders of the occupation. That would allow those defendants to have a different trial date.

For occupiers Ryan Bundy and Kenneth Medenbach, who are representing themselves in the case, the hearing was another chance to raise their concerns about their ability to prepare an adequate defense while they are incarcerated.

The men complained they can only access the jail’s law library for six hours a day, and said they don’t have adequate writing materials to work on their cases.

“I’m not able to change all of the jail’s rules, nor am I trying to do so,” said Brown. But she indicated she’d try to create a dialogue with the jail that could improve case work conditions for Bundy and Medenbach.

Despite those complaints, occupiers Jason Patrick and Duane Ehmer expressed interest in representing themselves in the case, too.

Wednesday’s hearing also had its share of unusual moments.

Before the hearing began, some of the defendants gathered in the court room, bowed their heads and recited the Lord’s Prayer.

Ammon Bundy’s lead attorney, Mike Arnold, also complained that his client and Ryan Bundy appeared “thin and emaciated” after a recent trip to the Nevada district court, where they face charges for a 2014 standoff. Arnold said the men should get more “rations” in jail.

“I don’t know what you mean by rations,” said Brown, before stating she’d ask the jail to look into the issue.

Later in the hearing, defendant Jason Patrick complained to Brown that a U.S. marshal threatened him and his mother while he was in custody.

“I’ve never had a complaint like that before,” Brown said, before saying she’d pass Patrick’s complaint on to the head of the U.S. Marshal Service for review.

Forest Service plan would thwart Kalmiopsis nickel mine

Capital Press Agriculture News Oregon -

GRANTS PASS, Ore. (AP) — A plan to exclude mineral development on about 100,000 acres of federal land, to thwart a proposed nickel mine near the Kalmiopsis Wilderness, is nearing fruition.

The U.S. Forest Service released its environmental assessment last week, and written comments will be accepted through May 27.

The proposed mineral withdrawal would add five more years to the existing two-year moratorium on exploration already in place, on upper sections of Baldface Creek, Rough and Ready Creek, the Pistol River and Hunter Creek.

The withdrawal falls in line with congressional legislation proposed last year by U.S. Rep. Peter DeFazio and U.S. Sens. Ron Wyden and Jeff Merkley to protect the area’s pristine nature.

The legislation targets the Red Flat Nickel Corp.’s proposal to strip-mine more than 3,000 acres, primarily for nickel, in the Baldface Creek drainage about 12 miles west of O’Brien just outside the Kalmiopsis Wilderness.

The company also has claims in other drainages.

The Daily Courier was unable to reach representatives for Red Flat’s operation. Based in the United Kingdom, the company has an office in Portland.

Roy Bergstrom of the Rogue River-Siskiyou National Forest said Red Flat hasn’t proved mineral wealth in any of its claims, although it has done test drilling on some of them in the Hunter Creek-Pistol River drainage.

“Valid existing rights are not established on any of these,” Bergstrom said.

Any existing mining claims with valid mineral rights would not be subject to the withdrawal, but claims would have to go through mineral exams to test their validity.

“We would have to do a mineral evaluation to determine if claims are valid or not,” said Kevin Johnson, geologist for the BLM based in Grants Pass. “We have not made any determination yet.”

Virtually no hard rock mining operations have been permitted by the Forest Service in that area for many years.

The proposed mine location is near Baldface Creek, and claims fall on both sides of the creek.

Baldface drains into the North Fork Smith River, prized by rafters and an important spawning tributary for salmon and steelhead.

At public meetings in Grants Pass and Cave Junction last year, sentiment was heavier toward protecting the watersheds, but others from the mining community were dismayed over shutting down land to extraction of natural resources.

Nickel is an important alloy metal and is especially useful in the production of stainless steel.

Judge: Plan for restoring PNW salmon runs not enough

Capital Press Agriculture News Oregon -

PORTLAND, Ore. (AP) — A federal judge in Oregon says a massive habitat restoration effort doesn’t do enough to improve Northwest salmon runs.

U.S. District Judge Michael H. Simon in Portland on Wednesday rejected the federal government’s plan for offsetting the damage that dams in the Columbia River Basin pose to the fish. He found that for the past 20 years, U.S. agencies have focused on trying to revive the salmon runs without hurting the generation of electricity.

He says those efforts “have already cost billions of dollars, yet they are failing.”

The ruling gives a major victory to conservationists and fishing businesses who hope to see four dams on the Snake River, a major tributary of the Columbia, breached to make way for the salmon. The state of Oregon and the Nez Perce Tribe were also among those who sued.

Kansan who went with kids to Oregon standoff arrested

Capital Press Agriculture News Oregon -

TOPEKA, Kan. (AP) — A Kansas woman who took her children to perform for occupiers during the armed takeover of an Oregon wildlife refuge earlier this year says authorities have removed seven of her children from her home and arrested her for assaulting an officer.

Odalis Sharp, 46, of Auburn was booked into the Shawnee County jail Friday evening for battery of an officer and interfering with a law enforcement officer, jail officials told The Kansas City Star. No charges had been filed as of Tuesday morning. The Shawnee County prosecutor’s office could not be reached for comment.

Sharp was released Saturday on $3,000 bond.

Sharp traveled with seven of her 10 children, who have a family gospel band, from Kansas to Oregon to sing for and support the 41-day occupation by armed militants of at the Malheur National Wildlife Refuge. One daughter, 18-year-old Victoria Sharp, was riding with Nevada rancher LaVoy Finicum and three of the other militants when Finicum ran a roadblock and was shot and killed by Oregon state police.

Sharp said the arrest occurred after she went to court earlier Friday trying to file paperwork accusing her landlord of breach of contract. Her landlord had earlier sought to have her removed from the home. She said when she returned home, law enforcement and employees with the Kansas Department of Children and Families were waiting.

“They wanted me to go with them,” Sharp told the newspaper. “They wouldn’t let me go to the house. One grabbed my arm and legs and dragged me out of the car. I kicked the woman officer.”

Sharp said the sheriff’s officers arrested her and took one of her children who was with her at the time. Six of her other children had been taken by child welfare workers while she was away, Sharp said. Three older children live elsewhere.

A DCF spokeswoman didn’t immediately return a call seeking comment Tuesday.

“They’re all in DCF custody now, as far as I know,” she said. “They’re evil. They steal kids. This is the devil against my family.”

She said DCF workers visited her at least twice since returning from Oregon and that someone had apparently called the child abuse and neglect hotline recently.

“They’re making false charges,” she said.

In 2011, the Kansas Department for Children and Families removed Sharp’s oldest child who was then 15 and placed him in foster care. Sharp appealed, but the appellate court sided with the lower courts in October.

Engineering firm designing fix for ailing Malheur Siphon

Capital Press Agriculture News Oregon -

ONTARIO, Ore. — Part of the 80-year-old Malheur Siphon, which carries irrigation water to thousands of acres in Malheur County, is starting to fail.

As a result, the Owyhee Irrigation District has hired an engineering firm to assess the integrity of the pipe and design a fix.

The siphon, a 4.3-mile long steel pipe that is a landmark in the valley, delivers up to 325 cubic feet per second of irrigation water from the Malheur Reservoir to farmers on the northern part of the OID system.

“If that siphon went down, the whole north end wouldn’t have any water. It’s very important to this area,” said Paul Skeen, president of the Malheur County Onion Growers Association.

About a third of the OID system is dependent on the pipe and ensuring its survival is a priority, said Bruce Corn, a farmer and member of the OID board of directors.

“It’s absolutely critical,” he said. “If it failed, it would totally dry up that area.”

The major area of concern is east of the Malheur Butte, where the 80-inch pipe is supported by large steel legs, said OID Manager Jay Chamberlin.

“The pipe is starting to fail ... and we need to go in and really figure out what’s going on,” he said. “It’s the heartbeat of this valley. It’s a critical piece of our infrastructure.”

The soil in that area expands and contracts wildly depending on the temperature, and the legs and pipe can move as much as 6 inches a day, he said. “It’s like it’s doing this dance and it’s not all staying together.”

MWH Americas, a Boise engineering firm, is being paid $45,000 to assess the problem and design a fix. Chamberlin met with MWH officials May 2 and received some good news.

“The pipe itself is worth saving. The integrity of the steel is great,” he said. “Now we just have to invest in some good legs to support that pipe for many more years to come.”

The new legs will be designed to allow movement from side to side as well as vertically.

Chamberlin said the goal is to design the fix in a way that OID employees can do most of the work themselves, reducing the cost.

A design fix should be ready by the end of summer and work could begin this fall.

Chamberlin said there are other issues with the siphon that need to be addressed and fixing all of them will take a number of years.

“It really has to be engineered correctly and I think we’re on the right path,” he said.

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