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Methow Valley News November 4, 1999 Endangered Species Coverage My Turn - by Mike Poulson Legal action necessary at ground zero of salmon recovery The Washington Agriculture Legal Foundation is working with the Early Winters, Twisp Valley Power and Irrigation and Skyline irrigation companies to protect their rights and their property. As the people in Okanogan County know, the Methow Valley became ground zero this summer in Washington’s salmon recovery effort. Valley residents learned the hard way the impact that salmon recovery can have. Some are even being forced to give up their livelihoods. The denial of vested water rights has significantly devalued property and businesses relying on water that has been diverted in some cases for over 100 years. We believe what happened to irrigators on the Skyline and Early Winters ditches this summer violated individual rights, and we believe those actions are a direct threat to all water rights in the state. That’s why the foundation is backing the irrigators as they mount legal challenges to those illegal actions. The Endangered Species Act gives federal agencies broad authority to protect listed species, but it doesn’t give them the right to violate constitutional or civil rights. Nor was the National Marine Fisheries Service forced to take the actions it did to protect fish. NMFS acted by choice, not statutory requirement. The agency treated people who were willing to cooperate like pawns in a chess game. Worse yet, the agency now accuses the irrigators of being uncooperative when NMFS is the one acting in bad faith. It is clear that NMFS wants to reduce the amount of water used by Methow Valley residents. It’s not clear why. NMFS has not released any data to show a correlation between reduced flows in the Methow River or its tributaries and a decline in salmon. Nor has it shown that a reduction in irrigation would benefit salmon recovery. The agency’s goal appears to be obtaining control of as much water as possible from the headwaters of the Methow to the mouth of the Columbia, regardless of state law and individual water rights. If sound science eventually shows that salmon need more water, we need to ensure they have enough water at the right time. So why aren’t we talking about more off-stream storage and flood control? If all else fails let the agencies purchase or lease the necessary water from water-right holders at scientifically defined critical times. Had NMFS been willing to work through the process in a scientific manner, following their statutory requirements and respecting individual rights, there would be no need for legal action. The Washington Agriculture Legal Foundation’s ability to assist the irrigators in protecting their water depends on private contributions from people who believe the federal government is going too far in trampling on individual rights. Mike Poulson is the executive director of WALF and can be reached at (509) 234-4940. Tax-deductible donations can be sent to Washington Agriculture Legal Foundation, P.O. Box 2596, Olympia, WA 98507. Opinion | Sports |
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