Issues of concern to people who live in the west: property rights, water rights, endangered species, livestock grazing, energy production, wilderness and western agriculture. Plus a few items on western history, western literature and the sport of rodeo... Frank DuBois served as the NM Secretary of Agriculture from 1988 to 2003. DuBois is a former legislative assistant to a U.S. Senator, a Deputy Assistant Secretary of Interior, and is the founder of the DuBois Rodeo Scholarship.
Wednesday, March 30, 2016
Environmentalists oppose official spotted frog ruling
Environmentalists don’t want a federal judge to issue an official written ruling denying their motion to radically change water management in several Central Oregon reservoirs.
During a recent court hearing, U.S. District Judge Ann Aiken told environmental groups they failed to convince her that a preliminary injunction was necessary to protect the threatened Oregon spotted frog.
The plaintiffs — WaterWatch of Oregon and the Center for Biological Diversity — claimed that water flows from the Wickiup, Crane Prairie and Crescent Lake dams must be significantly modified to avoid harming the protected species.
However, the U.S. Bureau of Reclamation and irrigation districts argued the operational changes sought by environmentalists would be disruptive to the frogs, which have adapted to stream flows since the structures were built 70 years ago.
The federal agency and three irrigation districts — Central Oregon, North Unit and Tumalo — are named as defendants in litigation that alleges the reservoirs are managed in violation of the Endangered Species Act.
Rather than appeal the denial of their injunction request, the environmentalists have requested that Aiken postpone filing an official written version of the ruling.
The plaintiffs say that an “appealable final, formal opinion is not required to move the matter forward,” claiming it would instead be “more productive and efficient” to send the case into mediation.
Irrigation districts involved in the case have objected to the request, noting that environmentalists opted to move forward with their injunction motion instead of mediation.
The irrigators agree that mediation is the next appropriate step in the lawsuit but argue that such negotiations aren’t precluded by an official ruling.
A written opinion would “provide useful guidance to the mediator” and “certainly aid in setting reasonable expectations for settlement and future proceedings in this case.”...more
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