A federal judge in Eugene has turned back an effort to
force major changes in management of water releases into the Deschutes River
that environmental groups claim are needed to protect the spotted frog.
In a hearing March 22 US District Judge Ann Aiken said
she was not convinced that the enviornmental groups had provided sufficient
facts to justify issuing an injunction to alter water releases this Spring.
Attorneys for the Center for Biological Diversity and
WaterWatch of Oregon had asked the court to alter dam releases from Wickiup
Reservoir in advance of the upcoming irrigation season.
The injunction would have severely limited water
available for irrigation downstream, especially for the North Unit Irrigation
District that serves the region’s largest agricultural operations, and to a
lesser extent Central Oregon and Tumalo Districts in the middle Deschutes
Basin.
Aiken acknowledged ongoing efforts to develop a habitat
conservation plan to protect the frog, listed as threatened under the
Endangered Species Act. She said that effort could proceed without court
intervention.
Aiken said she would issue her written opinion following
the March 22 hearing. Although the plaintiffs could appeal the decision to the 9th
Circuit Court of Appeals in San Francisco, a report Friday in the Bend Bulletin said they have approached Aiken with a preposal to mediate with the Bureau of Reclamation, which manages dams on the Deschutes, and irrigation districts involved in the court case.
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Thursday, February 18, 2016
