Suit alleges ESA infractions
"These are just the first three of many cases that
we expect to file challenging these antiquated diversion methods."
Jon Marvel, Idaho Watersheds Project.
Idaho Watersheds Project president Jon Marvel and the
Committee for Idaho’s High Desert have made good on long-standing
promises to sue over water diversions they say harm endangered species, in
violation of the federal Endangered Species Act .
The two conservation groups filed three lawsuits in
federal district court in Boise on Dec. 19, challenging water diversions
in salmon, steelhead and bull trout habitat near Challis.
The cases charge violations of the act and seek a halt to
irrigation practices that trap fish in ditches, block migration, and
de-water sections of streams.
The groups sent out more than 50 notices of intent to sue
to irrigators, the Forest service, Bureau of Land Management and Idaho
Department of Lands in October, according to a press release. They are
represented by Laird Lucas and the Land and Water Fund of the Rockies.
Salmon, steelhead and bull trout in Idaho are protected
under the Endangered Species Act. The act prohibits "take" of
protected species, which includes killing or harming them by modifying
habitat, the press release states.
In many Idaho streams, irrigation diversions are not
screened, and fish become trapped in ditches and killed. Some diversions
dry up streams entirely, or pose impassable barriers to fish migration.
"These are just the first three of many cases that we
expect to file challenging these antiquated diversion methods," said
Hailey resident Jon Marvel of Idaho Watersheds Project. "If ranchers
and farmers are not willing to begin protecting endangered fish from the
impacts of their water diversions, they can expect to face similar ESA
enforcement cases from us."
The cases target diversions on Mahogany Creek (in the
Pahsimeroi River basin), Lake Creek (in the East Fork Salmon River
drainage), and Otter Creek (tributary to Panther Creek and the Salmon
River).
In each case, individuals and corporations are named as
defendants. One case also targets the Forest Service for failing to
protect bull trout in Otter Creek.
"These three cases each involve very clear violations
of the Endangered Species Act, as well as problem ranchers who do not want
to admit they are part of the problem," said Lucas. "Our hope is
that other ranchers will see that it’s in their best interest to work
with us, not against us, and do what's right for the fish."
However, Sara Braasch, Idaho Cattle Association executive
vice president, told the Associated Press some of the sophisticated
screens required to keep fish out of the creeks cost up to $80,000 apiece.
"Our members want to do the right thing, but they are
overwhelmed," she said.
"The association is working with the ranching
families to arrange for the screens, and supports the development of more
reasonably priced ones."
"We've felt those groups’ agenda is to remove
grazing from public lands," Braasch said. "We'd rather have the
ranchers focus on keeping the range healthy."
