Capital Press Agriculture News Oregon
Oregon’s largest orchard sells to Washington fruit grower
MILTON-FREEWATER, Ore. — Earl Brown & Sons, Oregon’s largest grower and packer of fresh apples, has sold to another family-owned fruit enterprise in Wenatchee, Washington.
Members of the Foreman Fruit Company purchased Earl Brown & Sons in October, though the deal keeps the Browns in place to manage local operations on more than 1,000 acres of apples and 115 acres of wine grapes.
Ron Brown, whose father Earl started Earl Brown & Sons 40 years ago, said the families worked out a partnership that allows the business to retain its name and employees.
“Nobody lost their jobs. We’re moving along just like we did before,” Brown said.
The biggest difference, Brown said, is Foreman Fruit will provide additional capital for continued growth. The company is already planting another 60 acres of apples and 10 more acres of grapes.
“We’ve already taken on leasing more ground than we had,” Brown said.
Financial terms of the sale were not disclosed. Earl Brown & Sons has also spun off several other businesses, including Blue Mountain Cider and Watermill Winery in Milton-Freewater, though Blue Mountain Cider was not included as part of the sale.
All together, Earl Brown & Sons employs about 160 people. Ron Brown predicts the company will be able to tap into even more niche markets with the backing of Foreman Fruit.
“Both families are real forward-thinkers,” he said.
Alan Groff, president and CEO of Foreman Fruit Company, said they first heard Earl Brown & Sons was up for sale in April 2016. Though it was well off their radar — Wenatchee is 200 miles away from Milton-Freewater — Groff said they drove down for a meeting, and the two families immediately hit it off.
“They’ve created a number of businesses, and a number of very excellent orchards and vineyards,” Groff said. “There’s a nice intersection of our capabilities.”
Foreman Fruit Company was founded in the early 1980s by Dale Foreman, a Wenatchee attorney and former chairman of the Washington Apple Commission. Groff, who is Foreman’s son-in-law, said the business started out primarily growing pears before branching out into apples, cherries and grapes.
Earl Brown & Sons is Foreman’s first Oregon acquisition. Groff said they were impressed by the people, and wanted to keep their current team together.
“We share a common set of values and purpose in business,” he said.
Earl Brown & Sons was founded in 1977, and now packages between 850,000 and 1 million boxes of fresh apples every year. Varieties include Honeycrisp, Red Delicious, Golden Delicious, Granny Smith, Fuji and Lady Alice.
Watermill Winery has also sold roughly 3,500 cases of wine in past years. Groff said they are still in the early phases of looking at the wine business, though they are excited to be working in The Rocks District of Milton-Freewater and believe the product has plenty of upside.
“I think this is really great wine that is, perhaps, undersold,” Groff said.
Brown said the transition with Foreman Fruit has been smooth, and will ensure that Earl Brown & Sons has the resources to stay competitive.
“You have to be a certain size anymore to compete with all the regulations that come down on smaller companies,” he said.
Cold weather may help farmers battle destructive bugs
Capital Press
Your frozen fingertips may not appreciate it, but the extended cold snap gripping the Pacific Northwest through the first week of January may actually do some good.
Oregon pest specialists say it could reduce the population or at least delay the onslaught of spotted wing drosophila, or SWD, the fruit fly that can cause devastating damage to raspberries, blackberries, blueberries and other small fruit crops.
“We’re very optimistic that it will definitely impact SWD and kill off a fair amount,” said Tom Peerbolt, founder and senior consultant with Peerbolt Crop Management. “From that viewpoint it’s a very good event. We’re killing a bunch of them off and that’s good.”
Peerbolt said SWD almost exclusively over-winter as adult flies, making them susceptible to cold. While they can take refuge, an extended run of cold temperatures can knock down their numbers, he said. The flies can go through a dozen breeding cycles per year, and the cold may stall the population buildups that lead to heavy damage, Peerbolt said. Even gaining a week or 10 days would help mid-season harvests, he said.
Peerbolt said SWD love caneberries, and growers are planting fewer late-season varieties in an attempt to avoid some damage. SWD populations build over the summer, so the earlier farmers can harvest, the better.
Jim Labonte, an entomologist with the Oregon Department of Agriculture, said planting earlier berry varieties is a “really good strategy” in the fight against spotted wing drosophila. “I’m glad to hear that,” he said. “Toward the end of the year, the population gets to be tremendous. I think that would help.”
Otherwise, Labonte said he’s not sure the recent cold Oregon weather will have much effect on SWD or another major pest, the brown marmorated stink bug, which damage hazelnuts and feed on a wide variety of other crops.
Both of them live in regions of the U.S. that are far colder than the Willamette Valley, he said. “I’m uncertain of the threshold of severe cold that’s sufficient to really knock them down,” he said.
“Even if it does, both of these things can reproduce very efficiently,” he said. “They may have a slow start in spring, but by mid-season there will be plenty of them around.”
He said stink bugs produce far fewer generations of offspring per season than SWD, but are “remarkably tough creatures” and very good at sheltering themselves from the cold.
Spotted wing drosophila are native to Asia but arrived on the West Coast about 2008. They are unusual fruit flies in that they attack ripe or ripening berries and fruit; most flies are attracted to over-ripe or rotting produce. The female SWD has a serrated-edged ovipositor that it uses to cut through the berry surface and lay eggs inside. The developing larvae feed on the fruit from the inside, turning it into a gooey mess that cannot be used commercially.
Common pesticides work against them, but require additional sprayings and cost to growers. In addition, prolonged pesticide use may lead to the flies developing resistance to it, Peerbolt said.
Investigation turns up dead, malnourished cattle in Hermiston
HERMISTON, Ore. — Fourteen dead cattle were discovered Jan. 7 at a property on Columbia Lane and South Edwards Road in Hermiston, which the Umatilla County Sheriff’s Office is investigating as a case of animal neglect.
Another 15 cattle were so malnourished they could not be moved safely, according to Sheriff Terry Rowan. One calf was so weak it could not stand and had to be euthanized, Rowan said. None of the sick animals appeared to have enough food or water.
Authorities are working with a special prosecutor from Benton County who specializes in animal neglect cases, and reports should be turned in to the Umatilla County district attorney early soon. Rowan said investigators will recommend pressing charges against the cattle owner, 55-year-old Michael Hockensmith of Hermiston.
For now, though the cattle have technically been seized, but Rowan said the animals will be left in place due to their numbers and fragile health. Officers will be checking daily to make sure they receive proper care.
“We do not believe they can be transported without further loss,” Rowan said. “From this point forward, we’re just ensuring continued care.”
The incident was first reported Jan. 5 by an anonymous caller who noticed seven dead cows that were clearly visible from across Columbia Lane. A search warrant was served Jan. 7, and Rowan said they found a total of 14 dead cattle — mostly yearling calves.
Fifteen more cows were badly malnourished, Rowan said, and separated from the rest of the herd where they were treated by veterinarians. During their investigation, officers found that a water trough for the sickest animals was frozen over with six inches of ice.
“They weren’t able to get to water for a couple of days,” Rowan said.
Some of the cattle were also very skinny, Rowan said, with their backbones and hip bones showing.
“These are Angus cattle that are typically well-rounded animals,” he said. “Our evaluation and evidence would point to neglect or inadequate feed.”
The bodies of the dead animals had been left outside for several days, Rowan said, though state law requires carcasses be buried or burned within 15 hours.
Hockensmith, who did not return calls for comment, was apparently the only one caring for the animals. Rowan said Hockensmith seemed willing to work with the sheriff’s office to care for the animals while they remain on his property.
“Hopefully, we can create a partnership there to where he is willing to provide adequate care,” Rowan said. “We will just continue to monitor it.”
Industry to air concerns about herbicide-resistant weeds
Concerns about the increasing number of cases of herbicide-resistant weeds have prompted the industry to hold seven listening sessions across the country to look for answers.
The only Pacific Northwest meeting will be 8 a.m. to 12:30 p.m. Jan. 24 at the Red Lion Conference Center in Pasco, Wash. The listening session is limited to the first 160 registrants.
“Specialists who are managing weeds are throwing their hands up,” said Ian Burke, associate weed science professor at Washington State University. “We’re really sort of out of options. We need industry, stakeholder and grower input to chart a path forward.”
Burke said he’s documented dozens of new types of herbicide resistant weeds in recent years, calling it a “widespread” problem in the Pacific Northwest.
“We don’t produce a Roundup Ready crop on a widespread basis, but we’re working on new cases of Roundup resistant weeds because we use a lot of Roundup,” he said.
Glyphosate is the active ingredient in Roundup.
For example, Russian thistle in fallow areas can sometimes harden under hot summer conditions and not absorb herbicide like they would under optimum conditions, for one example, said Jim Fitzgerald, executive director of the Far West Agribusiness Association in Spokane.
“They may get sick but they don’t die, but in that process, they develop some resistance,” he said.
“None of these herbicide companies profit when one of their products becomes obsolete due to resistance,” Burke said.
It’s important that the Pacific Northwest perspective be represented when discussion leads to new policy, Burke said.
“Ideally, we want to get to a place where everyone wins,” he said. “Where we can apply the latest science to manage herbicide resistance in a way growers can make the income they need over the short term, and make them more sustainable in the long term.”
It takes roughly 10 years to develop and gain approval for new chemistries, Fitzgerald said.
“Look what’s going to happen in the next 10 years as far as chemical resistance,” he said. “It’s tending to the need that’s right here in front of us in the next few years.”
Ignoring the problem could lead to more weeds developing resistance, Fitzgerald said.
“This is sort of an intervention before there’s any kinds of mandates or requirements,” he said.
Burke said researchers are considering ways to use herbicides considered obsolete in a new way, or add to herbicides farmers rely on to make them more effective or less vulnerable to resistance.
The last 40 years have been an important time for herbicide development, Burke said. He doesn’t expect the same number of new herbicides to be developed in the next 40 years. In fact, he expects fewer products to be introduced.
The meeting is sponsored by Far West, USDA Animal and Plant Health Inspection Service, Weed Science Society of America and the United Soybean Board.
Online
To register, go to http://www.cvent.com/d/wvqdfj/4W Far West: http://www.fwaa.org/
Judge rules in million-dollar disputes
Two million-dollar-plus disputes between agricultural interests have been decided.
In one, an Idaho packing company owes $1.3 million for potatoes that a farmer delivered to an intermediary but wasn’t paid for, a federal judge ruled.
The ruling by Chief U.S. District Judge Lynn Winmill concludes about three years of litigation between farmer Kirk Jacobs, Taylor Produce and the Idaho Potato Packers Corp.
Previous court decisions held that Taylor Produce failed to pay Jacobs for more than $1.3 million worth of potatoes in violation of the Perishable Agricultural Commodities Act, or PACA, which requires proceeds from crops to be held in trust for growers.
While Taylor Produce packaged and shipped the potatoes, the sales were handled by the Idaho Potato Packers Corp., or IPPC.
Jacobs claimed that IPPC improperly deducted $1.3 million in expenses for marketing, freight, packaging materials and commissions from potato proceeds that were to be turned over to Taylor Produce.
The judge has now agreed that the proceeds from IPPC’s potato sales were PACA trust assets belonging to Jacobs that the packing company wrongly converted by deducting those expenses.
Winmill said that “IPPC has not established that the various expenses it seeks to recoup can be traced to Jacob’s potatoes” or that the deductions were even authorized under its marketing agreement with Taylor Produce.
For that reason, IPPC and its subsidiaries are liable to Jacobs for the $1.3 million in potato proceeds, the judge said.
In the other dispute, Winmill recently resolved a lingering financial dispute between the H.J. Heinz Co. and a former supplier, the Bright Harvest Sweet Potato Co.
Bright Harvest filed a complaint against Heinz three years ago, alleging the food company had reneged on a contract to buy sweet potato fries after building its own processing facility in Ontario, Ore.
A jury found that Heinz hadn’t breached the contract in 2015, but Winmill overturned that finding, ruling that the jury’s conclusion wasn’t supported by the evidence at trial.
After a second trial, a jury awarded Bright Harvest more than $1.2 million in damages, which was challenged by Heinz.
Winmill has now refused Heinz’s request to overturn or amend the judgment, or order a new trial.
Environmentalists win $60,000 for blocking motorized juniper removal
An environmentalist group has won more than $60,000 in attorney fees for blocking juniper removal with motorized vehicles on 80,000 acres in Eastern Oregon.
U.S. District Judge Garr King has awarded the Oregon Natural Desert Association nearly $63,500 because the nonprofit prevailed in a lawsuit opposing the use of motorized vehicles in an 80,000-acre “wilderness study area” near Steens Mountain.
Ranchers and local officials worry the prohibition against motorized vehicles will impede juniper removal to the detriment of habitat for the sage grouse.
The bird’s declining population has prompted restoration efforts in the arid West to forestall its designation as a threatened species, which would likely curtail cattle grazing on public land.
In 2015, King found that the U.S. Bureau of Land Management had interpreted its authority too broadly in allowing for the “administrative” use of off-road motorized vehicles to cut and remove juniper trees, which crowd out sage brush and sap water.
Since then, ONDA has sought $70,000 in attorney fees from BLM under the Equal Access to Justice Act, which requires compensation for plaintiffs who successfully challenge government actions that aren’t “substantially justified.”
The BLM argued that ONDA doesn’t qualify for attorney fees in this case because the agency was substantially justified in trying to reconcile one legal provision that requires juniper management with another that restricts off-road motorized vehicles.
The judge said that while he’s “sympathetic” with the difficulty of removing juniper on a large scale without motorized vehicles, BLM’s attempt to reconcile the two provisions was “simply not reasonable.”
King also said the amount of time ONDA’s attorneys spent on the case was “eminently reasonable” and found their hourly rates were justified “considering their experience, skill, and reputation.”
However, the judge did reduce ONDA’s requested award by about $7,000 for a portion of litigation spent arguing over attorney fees.
Counties pressured to exit $1.4 billion forest lawsuit
Fifteen Oregon counties must soon decide whether to opt out of a class action lawsuit seeking $1.4 billion for allegedly insufficient logging in state forests.
As the Jan. 25 deadline approaches, a coalition of environmental and fishing groups is urging counties and the taxing entities within them — including school and fire districts — to exit the litigation.
The North Coast State Forest Coalition, which represents the seven organizations, hopes to send a message that counties and taxing districts see state forests as more than just “piggy banks,” said Chris Smith, the coalition’s coordinator.
Linn County is the lead plaintiff in the lawsuit but its boundaries contain far fewer acres of state forestland than Tillamook, Clatsop and Washington counties, he said.
“If some of the bigger counties opt out, the merits of the case are then suspect,” said Smith.
John DiLorenzo, the attorney representing Linn County, said the groups within the coalition have nothing to lose with their request, but counties and tax districts will suffer remorse if they opt out.
“It’s a half-baked strategy,” DiLorenzo said.
The lawsuit simply aims to recoup revenues lost by the counties when the State of Oregon changed forest policies in 1998 to focus on the environment and recreation instead of maximizing logging, he said.
By making that decision, Oregon’s government breached its contract with counties, which turned over their forestlands in the early 20th Century in return for a portion of timber revenues, DiLorenzo said.
Counties and tax districts that exclude themselves from the lawsuit won’t impact forest policy because the case is purely about financial damages, he said.
“Opting out is a useless gesture that amounts to turning down money,” DiLorenzo said. “They will have a lot of explaining to do the next time they ask voters for more money.”
Entities that exit the litigation also won’t have any influence if Oregon does decide to enter settlement negotiations, he said. “You have to be at the table to have a judge listen to you.”
Smith, of the North Coast State Forest Coalition, countered that counties and other entities that opt out of the case will reduce the state’s possible liability and thus the pressure to settle.
“They haven’t won the case yet and I’m not at all sure they will,” he said.
Opting out also reinforces Oregon’s argument that state forests are valuable for multiple purposes, including water quality and recreation, Smith said.
While Tillamook County has decided not to exit the litigation, the coalition still hopes to sway other entities, he said. “We’re trying to make the case and our supporters are talking to their (county) commissioners.”
Linn County filed the lawsuit earlier this year on behalf of itself and 14 other counties that donated roughly 650,000 acres to the State of Oregon.
Since then, its complaint has survived the state government’s motion to dismiss and has been certified by Linn County Circuit Judge Daniel Murphy as a class action, which means other counties and tax districts are included in the litigation unless they object.
The lawsuit claims Oregon breached its contract with counties in 1998 when it emphasized environmental and recreational goals as the “greatest permanent values” of state forests, rather than maximizing revenues.
Up to 150 local taxing districts that receive timber sales receipts from harvests from the Oregon Forest Trust Lands contract could be eligible join the suit. That includes schools, libraries, public safety agencies and other districts.
The other counties that benefit from the trust are Benton, Clackamas, Clatsop, Columbia, Coos, Douglas, Josephine, Klamath, Lane, Lincoln, Marion, Polk, Tillamook, and Washington.
Massive storm system dumps rain across California, Nevada
RENO, Nev. (AP) — A massive storm system stretching from Northern California to Nevada sent rivers overflowing and toppled trees — prompting evacuations, school cancellations, road closures and warnings of dangerous mudslides for hillsides parched by wildfires last summer.
Some California ski areas closed for the second day Monday in the Sierra Nevada over avalanche concerns and power outages, with forecasters warning that more snow and rain was on the way.
In Nevada near Reno, Nevada National Guard high-water vehicles were deployed to help people evacuate from a town.
Over the weekend, toppled trees crashed against cars and homes and blocked roads in the San Francisco Bay Area, and officials rescued stranded motorists from cars stuck on flooded roads.
A giant tree fell across a highway in Hillsborough to the south of San Francisco, injuring a driver who couldn’t break in time and drove into the tree. And a woman was killed Saturday by a falling tree while she took a walk on a golf course.
In California’s famed wine country, the Napa River jumped its banks and flooded vineyards. Rivers in Sonoma Valley north of San Francisco and in Reno, Nevada, both overflowed their banks late Sunday with officials saying the waterways could remain at flood stage for days.
Schools were canceled in Sonoma County, where homes were evacuated, thousands were without power and many roads were impassable. To the south near Los Angeles, commuters were warned of possible highway flooding and mudslides in hilly areas.
Emergency workers in Nevada voluntarily evacuated residents of 400 homes with about 1,300 residents in a Reno neighborhood as the Truckee River overflowed and drainage ditches backed up.
In the city of Sparks neighboring Reno, Bob Elsen said he never expected so much rain in Nevada’s high desert where only 8 inches of precipitation normally falls each year. He had moved to Sparks from perpetually wet Bremerton, Washington.
“I don’t think I’ve seen this much rain since I moved here six years ago,” Elsen said, watching the Truckee River’s waters rise. “It’s why I moved out of Washington to get away from this stuff.”
The worst flooding in Sparks was expected to send several feet of water early Monday into an industrial area where 25,000 people work.
The back to back storms that have hit California and Nevada since last week are part of a so-called “atmospheric river” weather system that draws precipitation from the Pacific Ocean as far west as Hawaii with potentially catastrophic consequences for areas hit with the most rain.
“For forecasters who’ve been here a decade or more, this is one of the most impressive atmospheric setups that we have seen in a long time for potential flooding in the region,” said Chris Smallcomb, a National Weather Service meteorologist in Reno. “If you had to write a textbook on how to get a flood in the region, you would use a scenario just like this.”
Schools were also canceled in Reno and Sparks and Gov. Brian Sandoval told all non-essential state government workers to stay home Monday after he declared a state of emergency.
In California’s Calaveras Big Trees State park, a well-known giant sequoia tree known for the huge tunnel carved through its trunk that cars once passed through came toppling down, The San Francisco Chronicle reported.
Park volunteer Joan Allday said the tree had been weakening and leaning severely to one side for several years.
“It was barely alive, there was one branch alive at the top,” she told the newspaper.
Farther north, two major highways across the Sierra Nevada were partially closed because of mudslides and roads leading to Yosemite National Park’s valley floor remained were closed amid fears that the Merced River could overflow and cause major flooding.
Oregon, Idaho residents brace for icy rain after snow
BOISE (AP) — Residents in Idaho and Oregon braced for treacherous roads and the possibility of nuisance flooding Sunday as freezing rain coated parts of the region.
After record snowfall earlier this week prompted government leaders to declare a state of emergency for the Boise, Idaho, area, many stores were out of bottled water, snow shovels and sandbags.
Fearing the rain could cause roughly 15 inches of accumulated snowfall to quickly melt, some law enforcement agencies in southwestern Idaho urged residents to dig out pathways away from their home and uncover any nearby storm drains if possible. The pathways are intended to create a drainage system, in hopes of mitigating any nuisance flooding.
Elizabeth Duncan with the Idaho Office of Emergency Management said they are monitoring conditions statewide, with the potential for flooding from ice jams on the Snake, Salmon, Lemhi and Big Wood rivers and tributaries.
Meanwhile, businesses and homeowners were working Saturday and Sunday to get snow off of rooftops, porches and decks, fearing that the additional weight from the rain could cause structures to collapse.
Oregon travelers were also facing big problems, with most flights canceled at the Portland and Eugene airports and the Oregon Department of Transportation advising motorists to stay home if possible because of icy conditions. Chains are required on several roads, and some eastern and central Oregon highways completely closed to drivers.
In Portland, authorities said a woman died in a downtown parking garage, and her death may have been caused by exposure to the cold weather.
Sgt. Pete Simpson told local TV station KGW police were told that a 52-year-old woman appeared to be struggling in the cold and was removing her clothing in the garage on Saturday afternoon. When officers and medics arrived, she was dead.
Simpson said a medical examiner will determine the cause of death.
In Klamath Falls, a 40-year-old woman sustained serious injuries on Saturday after she was struck by a pickup while sledding down a neighborhood road.
Klamath Falls Police Chief Dave Henslee told the Herald and News newspaper that the victim “sustained some very significant injuries” and was transported to Sky Lakes Medical Center. Henslee said an investigation determined the driver didn’t have time to see the victim before the collision and wasn’t at fault.
The weather was less extreme across most of Washington state, though roads were closed in Benton and Yakima counties in central Washington on Sunday because of blowing snow and drifts.
The National Weather Service was also warning residents in the Cascades and Cascade foothills of winds reaching 40 mph and gusts of up to 60 mph on Sunday afternoon.
Meanwhile, widespread power outages affected thousands of Seattle residents and the University of Washington campus on Sunday afternoon, though it wasn’t immediately clear if weather or something else was the cause.
USDA may decide this week on GMO bentgrass deregulation
PORTLAND, Ore. (AP) — Federal agriculture officials could decide this week to give up its oversight of a spreading grass that was engineered to resist an herbicide.
The Oregonian/OregonLive reports Scotts Miracle-Gro is no longer planning to commercialize the grass and wants federal agriculture officials to deregulated it.
Scotts partnered with Monsanto to engineer the grass. Scotts was fined $500,000 by the U.S. Department of Agriculture for letting it spread.
Federal officials also made the company responsible for controlling the grass.
The U.S. Fish and Wildlife Service found the grass puts endangered plant and animal species at risk.
Research by Oregon State University and the Environmental Protection Agency determined the herbicide resistance could pass on to other grasses.
The presence of genetic modifications can also block some international sales.
Rivers rise as massive storm moves into Northern California
SAN FRANCISCO (AP) — Rivers were rising and winds were whipping up across Northern California on Sunday as a massive storm that could be the biggest to slam the region in more than a decade arrived.
Residents and authorities cleared storm drains and stacked sand bags, preparing for the system expected to reach full force late Sunday and early Monday.
Some flooding was reported Sunday morning, including along U.S. 101 in Sonoma County, where stranded motorists had to be rescued. Swift water teams performed rescues at a mobile home park in Marin County, where officials reported road closures and some damage from flooding and fallen trees.
Authorities were watching rising water levels of several rivers, including the Cosumnes, Truckee, Merced, American and Russian.
Forecasters warned of heavy rain that could down trees and trigger mudslides as the system gains strength throughout the day. Several feet of snow were predicted in the Sierra Nevada. A woman was killed Saturday by a falling tree on the San Francisco Bay Area golf course.
The stormy weather comes as California enters its sixth year of drought. Each drop of rain is welcomed, but officials said several more big storms are needed to replenish depleted groundwater supplies.
The strong wet season began in October with more rain falling than in three decades, mostly in Northern California. Los Angeles, which will likely get the brunt of the latest system early Monday, is experiencing its wettest winter in six years, forecasters said.
Forecasters anticipate the storm surge stretching from Hawaii — called an atmospheric river — could dump up to 15 inches of rain in some foothills communities.
The storm’s relatively mild temperatures will drive up the snowline to above 9,000 feet throughout the Sierra Nevada, causing runoff in the lower elevations, said Zach Tolby, a meteorologist with the National Weather Service in Reno, Nevada.
Flooding could rival the winter of 2005-06 that sent 5 feet of water into an industrial area in Sparks, Nevada. Crews worked to secure storage drums filled with hazardous materials to stop them from floating away as they have in past floods.
In the Pacific Northwest, residents braced for treacherous roads and the possibility of nuisance flooding. Most flights were canceled at the airports in Portland and Eugene, Oregon. Officials urged residents in Boise, Idaho to dig pathways to allow rain and runoff from 15 inches of snowmelt to drain.
Back in California Rangers at Yosemite National Park closed all roads leading to the park’s valley floor, a major attraction for visitors from around the world eager to view gushing waterfalls and gaze up at towering granite rock formations such as El Capitan and Half Dome. Other parts of the park remain open, but rangers cautioned visitors to be aware of ice and falling debris on the roads.
Photographer and rock climber Josh Hilling, who lives in the foothills below the park, spent recent days chopping wood and stocking up on groceries.
“If you live long enough in this canyon, you experience lots of natural disasters — floods, fires, rock falls,” Hilling said Friday from his family’s home in El Portal.
Another storm is forecast for Tuesday and with the ground already saturated, rain won’t seep into the soil quickly enough and extra runoff could end up in already swollen rivers and creeks, officials said.
Blogger asked to delete info on Oregon refuge informants
PORTLAND, Ore. (AP) — Federal prosecutors want a judge to order a California man to remove all information from his website about confidential informants involved in the takeover of a national wildlife refuge in Oregon last winter.
The Oregonian/OregonLive reports that authorities say the information posted by 70-year-old Gary Hunt was turned over to defense attorneys in the case pursuant to a protective order that barred it from being shared with outside parties. Hunt has been involved in Operation Mutual Defense, a network of militias and supporters founded by Ryan Payne, one of the refuge occupation’s organizers.
Occupation leader Ammon Bundy and six others were acquitted of conspiracy and other charges after a five-week trial that ended Oct. 27; a trial for seven other defendants looms. Hunt argues that the court’s protective order doesn’t apply to him.
New OSU Extension horticulture faculty hired in Lane County
EUGENE, Ore. — Oregon State University Extension has added a commercial and community horticulture faculty member in Lane County.
Jeff Choate will work with commercial producers in orchard, nut and berry crops, according to an OSU Extension press release. He’ll also serve nursery crop producers and serve broadly in diagnosis of plant diseases and other growth issues.
He starts March 1.
Choate will also lead a team of staff and volunteers in management of Lane County’s master gardener program, and he’ll help organize and deliver a wide range of horticulture and gardening programs for the public.
He has a bachelor’s degree in chemistry from the University of Oregon and a master’s degree in soils from OSU. Choate previously worked as an agronomist for the Eugene Farmer’s Cooperative, and as an instructor and volunteer manager for OSU in Douglas County, as the horticulturalist for Paradise Lodge in Southern Oregon, and as the training manager for Jerry’s Home Improvement.
He will be stationed in the Lane County OSU Extension Office, 996 Jefferson St., Eugene. He’ll join a team that provides programs in 4-H, small farms, forestry and natural resources, nutrition education and food safety and preservation.
OSU Extension is a cooperative effort of local, state and federal governments, working locally to extend the knowledge of the university to people throughout Oregon.
Online
Idaho irrigators oppose Oregon endangered fish reintroduction effort
BOISE — Idaho irrigators fear they’ll be hurt financially if the State of Oregon prevails in a legal battle to force the reintroduction of endangered fish to the Snake River upstream of the Hells Canyon Complex of dams.
“If you have a listed species above Hells Canyon in the Snake River and tributaries, you’re going to have an alphabet soup of environmental laws imposed,” said Norm Semanko, executive director with Idaho Water Users Association.
Construction of the Complex — which is located at the Idaho and Oregon border and includes the Brownlee, Oxbow and Hells Canyon dams — was started in the mid-1950s. The dams provide about 30 percent of Idaho Power Co.’s total energy, but they’ve blocked the migration of native chinook salmon and steelhead trout, which once used the upstream channel and tributaries for spawning.
The original federal license to operate the Complex expired in 2005, and the Federal Energy Regulatory Commission issued a final environmental impact statement for the relicensing in 2007. But the new license has been delayed as Idaho Power awaits Clean Water Act certifications from the states of Idaho and Oregon.
Both states have issued draft certifications, which are in the midst of public comment periods that end Feb. 13. Oregon’s draft would require Idaho Power to implement technology to enable salmon and steelhead to pass above and below the complex.
Marilyn Fonseca, hydropower program coordinator with the Oregon Department of Environmental Quality, explained her state has proposed a phased-in reintroduction plan spanning about two decades. Initially fish would be introduced in Oregon’s Snake River tributaries upstream of the complex, starting with Pine Creek. Ultimately, Idaho Power officials said the company would capture fish in special collection areas, trucking adult steelhead and salmon upstream of the complex and juvenile fish downstream.
Fonseca said Oregon has a state law mandating fish passage past any manmade water obstruction, but the state’s legal argument hinges its own water quality standards, drafted in accordance with the federal Clean Water Act, requiring that Oregon waterways maintain robust fish populations.
In a letter to Oregon leaders, Idaho Gov. Butch Otter opposed reintroduction of endangered species in his state without the Legislature’s consent, citing problems with federally reintroduced wolves.
“While I appreciate Oregon’s willingness to limit these reintroductions to Oregon tributaries, the agreement would result in reintroduced fish entering Idaho waters,” Otter wrote.
Idaho Power spokesman Brad Bowlin said the company has filed a petition asking FERC to step in and resolve the dispute between the states. Bowlin said the company believes the federal government has authority under the Federal Power Act and the Supremacy Clause of the U.S. Constitution.
“Idaho Power’s position is not to support or oppose fish passage,” Bowlin said. “Our position is that resolving this issue of passage is a federal question, especially given that we have two states whose positions are diametrically opposed.”
Bowlin said Idaho Power owns and finances four hatcheries and releases millions of fish below the dams.
Both the IWUA and Idaho Irrigation Pumpers Association have filed to intervene in the case before FERC. Lynn Tominaga, executive director for the pumpers, said his members are primarily concerned about increased power rates to run their wells if Idaho Power has to bear such a large new expense. Semanko explained his members are concerned the agreement could create water shortages, as more water could be demanded downstream for salmon, and cost them hundreds of millions of dollars in new regulatory requirements.
FERC staff members have agreed reintroduction “could be warranted but is premature at this time.” They note degradation due to agricultural and municipal uses have made water quality upstream of the complex inadequate for steelhead and salmon. FERC has also referenced the lack of a written plan to guide reintroduction and fears mortality during migration could outweigh the benefits.
Fonseca said her department and its Idaho counterpart are working with partners, including Idaho Power, to address water-quality concerns including dissolved oxygen levels, high water temperature and excessive phosphorus loads.
Oregon weekend forecast: Snow, freezing rain, ice
PORTLAND, Ore. (AP) — An icy, snowy weekend is forecast for much of Oregon.
The National Weather Service says a storm is expected to hit the Eugene-Springfield area Saturday morning, with a mix of snow and freezing rain hitting an area that is recovering from its worst ice storm in decades.
Snow and sleet are also in the forecast for northwest Oregon, possibly coating streets and sidewalks with a half-inch of ice. Those in the Columbia River Gorge could see 6 to 12 inches of snow.
In Eastern Oregon, the wind-chill factor may be 20-30 degrees below zero in some areas on Friday, with warmer temperatures on Saturday and Sunday bringing snow, sleet and ice.
A National Weather Service advisory for Central Oregon says Bend, Prineville and Redmond could get 2 to 4 inches of snow Saturday afternoon and evening.
Clydesdale rescued from Oregon mud pit
ALOHA, Ore. (AP) — Firefighters rescued a Clydesdale that got stuck in a large mud pit in Aloha.
Tualatin Valley Fire & Rescue says the 1,800-pound horse named Windsor was found on his side Wednesday, trapped in a couple feet of mud. Windsor was hypothermic due to the sub-freezing temperature, unable to gather the strength needed to get out.
Firefighters pulled Windsor from the pit using a system of pulleys and ropes. Heating equipment was brought in to help warm the horse while two veterinarians tended to his medical needs.
After about 45 minutes, Windsor’s temperature returned to near normal. With some assistance, he was able to get back on his feet. Firefighters say he’s doing well and should fully recover.
Windsor is part of a Clydesdale team that pulls the Forest Grove Fire Department’s old steam engine in the city’s annual parade.
Landslide closes Highway 20 in W. Oregon
TOLEDO, Ore. (AP) — A landslide has closed U.S. 20 just west of Toledo, Oregon.
The state Department of Transportation says both lanes were blocked Thursday morning and the highway will be closed much of the day. A local detour is in place.
ODOT says alternative routes include Highway 34 south of U.S. 20 or Highway 18 to the north.
Water, taxes and regulations dominate state legislatures
In Oregon, a $1.8 billion budget gap will force legislators to look for more revenue — taxes and fees — or cut services. The gap, caused by runaway state employee health care and retirement costs, will force lawmakers to make hard choices as the administration of Gov. Kate Brown settles in for the next two years.
In Idaho and Washington, water issues have floated to the top of the legislative agendas. In Idaho, replenishing the Snake River aquifer that feeds farms and ranches in the eastern part of the state and protecting water rights will take center stage.
In Washington, a different water issue has rural landowners wondering whether they can afford to drill wells as legislators seek a way to accommodate a recent court ruling. The ruling requires landowners to prove new wells won’t hurt water sources needed to maintain fish populations. At the same time, Gov. Jay Inslee will continue to his push for a controversial carbon tax as a way to bolster the state budget.
Though water is always an issue to California, the most productive agricultural state in the nation, regulations on overtime for farmworkers and a spate of other issues that impact farmers will continue to take center stage in the state Capitol.
Here is a state-by-state look at the upcoming legislative sessions:
By Mateusz Perkowski
Capital Press
SALEM — With Oregon legislators facing a major gap between the state government’s expected revenue and expenses, debates over spending reductions and tax increases are expected to dominate this year’s legislative session.
Rising costs for state employee pension and healthcare costs are expected to leave the state with a $1.8 billion deficit during the upcoming fiscal biennium, which spans two years beginning July 1. The current biennium’s budget is $70.9 billion.
For organizations representing Oregon agriculture, that means the legislative session will be spent defending government services that are valuable to farmers, experts say.
“People really feel those impacts on the ground,” said Katie Fast, executive director of Oregonians for Food and Shelter, an agribusiness group.
For example, the governor’s recommended budget would create a “hole” of $9.4 million for Oregon State University’s agricultural research and extension services, likely leading to reduced service levels, she said.
Such a dramatic reduction would undermine long-term studies that boost farmers’ productivity and efficiency, said Fast. “You don’t do research for only two years.”
Similarly, the Oregon Department of Agriculture would terminate its financial contribution to USDA’s predator control program and its biocontrol program for weeds.
The Oregon Agricultural Heritage Program, which is aimed at creating easements to protect working farms and ranches from development while easing tax burdens, isn’t funded under the governor’s budget proposal, said Mary Anne Nash, the Oregon Farm Bureau’s public policy counsel.
It’s going to be tough to win funding for a new program when existing core agricultural programs are in jeopardy, she said.
On the policy front, Oregon farmers are still dealing with the consequences of past labor legislation that requires paid sick leave for workers and increased the minimum wage at varying rates based on region, said Jenny Dresler, state public policy director at the Oregon Farm Bureau.
The Bureau of Labor and Industries has interpreted those bills during the rule-making process in ways that are unclear and burdensome for farmers, so the Farm Bureau will be seeking legislative clarifications and fixes, she said.
“We’re entering this year with a lot of questions,” said Dresler.
Environmental groups are also expected to raise perennial legislative questions about regulating genetically modified crops, pesticide usage, livestock antibiotics as well as air and water quality, experts say. Exactly what bills related to these topics will be put forth remains to be seen.
With the USDA proposing to deregulate genetically engineered creeping bentgrass, which escaped field trials and has spread in Eastern Oregon, it’s possible lawmakers will have a greater appetite to regulate such crops, said Ivan Maluski, policy director for Friends of Family Farmers, a nonprofit critical of biotechnology rules.
“It’s a pretty clear example of failure of federal oversight,” he said.
Friends of Family Farmers plans to advocate a tax credit that would benefit landowners who lease property to beginning growers, Maluski said.
With the tough budget outlook, the group hopes to pay for the tax credit by eliminating a subsidy for anaerobic digesters it believes benefits only large dairies, he said.
“Access to land for beginning farmers has been a huge issue in Oregon for quite some time,” said Maluski.
By Sean Ellis
Capital Press
BOISE — Ensuring the state continues a major aquifer recharge effort is expected to be one of the main agriculture-related issues during the 2017 Idaho Legislature, which convenes Jan. 9.
In fact, several of the big issues expected to arise during the 2017 legislative session have to do with water.
Sen. Jim Patrick, a Republican farmer from Twin Falls, said ensuring the state continues its efforts to recharge 250,000 acre-feet of water into the Eastern Snake Plain Aquifer annually will be a priority in 2017.
That recharge effort, which began in 2016, is a major part of a landmark 2015 settlement agreement between ground water pumpers and surface water users along the ESPA that averted the possible curtailment of water to hundreds of thousands of acres of irrigated farmland.
“That’s the No. 1 issue for agriculture and for the state because if we don’t get our water, we don’t pay taxes,” Patrick said.
“We will have to continue to fund that,” said Sen. Bert Brackett, a Republican rancher from Rogerson. “The state is committed to doing recharge.”
Lawmakers will also keep an eye on the formation of a groundwater management area for the Eastern Snake Plain established in November by Idaho Department of Water Resources Director Gary Spackman.
An advisory committee created by IDWR will draft a plan that governs the management area.
“We’re waiting to see how that shakes out,” said Republican Sen. Steven Bair, a retired farmer from Blackfoot.
Idaho Farm Bureau Federation governmental affairs officials said they will back a bill that requires the legislature to take affirmative action on any minimum stream flows set by the Idaho Water Resource Board.
The water board holds 291 minimum stream flow water rights covering 994 miles of streams, according to its website. If a stream falls below that minimum flow level, other water rights could by curtailed.
Minimum stream flows set by the board go before the Legislature but they go into effect even if the body doesn’t take affirmative action on them.
The Farm Bureau-backed bill would require the legislature to vote “yes or “no” on them.
Discussions about the possibility of the state helping to fund University of Idaho’s proposed $45 million livestock research center will also likely take place during the session, according to several legislators.
Lawmakers are also expected to discuss ways to beef up the state’s efforts to prevent aquatic invasive species from invading the state’s waterways and continue to fund the state’s wolf control efforts.
Idaho’s main farm groups will also seek to help push through a proposed Idaho Department of Environmental Quality rule that would amend the state’s field burning program.
Several of the state’s environmental groups say they will oppose the rule change, which the department says is necessary to avoid a large reduction in the number of allowable burn days for farmers.
A bill that creates a dyed diesel enforcement program in Idaho will be introduced this year, Brackett said.
By Don Jenkins
Capital Press
OLYMPIA — The big water issue facing the Washington Legislature originated from west of the Cascades for a change.
Whatcom County annually receives more than triple the rainfall of Yakima County. Yet the state Supreme Court ruled 6-3 in October that new domestic wells there could suck away water needed for fish.
The Whatcom County vs. Hirst decision doesn’t affect existing water rights, but it casts doubt on whether new wells for homes can be drilled anywhere in the state.
Agricultural groups, including the Washington Farm Bureau, are alarmed. The decision could stop farm families from building and cripple rural communities.
The state Department of Ecology reports being deluged with phone calls from rural landowners worried about whether they can build. The agency can’t say “yes” or “no.”
At the very least, the decision — if left alone — promises to make wells more expensive. Homebuilders would have to prove a new well won’t draw down rivers and streams. Estimates to do that range from thousands to tens of thousands of dollars.
“Every place we go, somebody asks us how we’re going to fix this,” said Moses Lake Republican Judy Warnick, chairwoman of the Senate Agriculture, Water and Economic Development Committee.
Not everyone agrees the Hirst decision needs to be fixed.
The environmental group Futurewise, a plaintiff in the suit, said the decision means counties must balance growth with protecting fish.
House Agriculture and Natural Resources Committee Chairman Brian Blake, D-Aberdeen, said he wants to “roll (the decision) back or make it work.”
“I’m hoping any legislation will clarify that people have access to their property to build a home,” he said.
The 105-day session begins Jan. 9. Republicans retained their slight majority in the Senate, while Democrats did the same in the House. The main job will be to adopt a two-year budget to take effect July 1. Lawmakers are under a court order from the state Supreme Court to increase education spending.
Gov. Jay Inslee, a Democrat, has proposed a $46.8 billion operating budget — 21 percent more than the spending plan lawmakers passed in 2015. Inslee says the state can’t constitutionally or morally meet its obligations without raising taxes. He has proposed $4.39 billion in new revenues. He has reintroduced a tax on carbon emissions, a policy that lawmakers and voters have rejected in the past.
Senate and House agricultural committees may consider raising the beef checkoff to $2.50 from $1.50. Increasing the per head tax on cattle transactions would double funding for the Washington Beef Commission to $2 million a year.
The Washington Cattlemen’s Association and Washington Cattle Feeders Association support the increase. The Cattle Producers of Washington lobbied hard against it last year and remain opposed.
Blake said he hopes the Legislature will fund a program to use dogs to sniff for wolf scat in the South Cascades.
Under current state policy, wolves won’t be considered recovered until at least four breeding pairs are established in the region. So far, the Washington Department of Fish and Wildlife has not found a breeding pair, let alone a pack.
Blake said he believes wolves are there, but that they are hard to find in the wilderness. He said if dogs can point the way, WDFW may be able to find breeding pairs. “I’m pretty confident that this may move us forward in the South Cascades,” he said.
By Tim Hearden
Capital Press
SACRAMENTO — Farm groups in California expect to spend the next legislative session fending off more regulations while carving out benefits for their industries.
Advocates for agriculture expect “an active year” in the Legislature as Gov. Jerry Brown works to cement his legacy in his final two years in office, said Kelly Covello, president of the Almond Alliance of California.
The main goal for the organization is to try to minimize the effort to increase the regulatory burden on producers, who are already struggling to keep up with paperwork and other requirements, said Joel Nelsen, president of California Citrus Mutual.
“We’re going to see an effort by certain segments of society to push a very left-oriented agenda, and they see the last two years of the Brown administration as their opportunity to do that,” Nelsen said. “It’s going to be up to the governor to take a moderate stand on this stuff. It’s really easy to spend somebody else’s money, and that’s what I see them doing.”
While new members were sworn in Dec. 5, the Legislature’s business started in earnest this week. Only a handful of bills have so far been filed; groups will have a better idea of what the priority legislation will be as the mid-February deadline for filing bills draws near, said Dave Kranz, a California Farm Bureau Federation spokesman.
One task for farm groups will be to make previously enacted legislation a little more palatable to growers. For instance, the ag overtime law passed last year eliminated an exemption on overtime after 8 hours in a day for managers and family members, which exists in every other industry, Covello said in an email.
Additionally, industry leaders will need to address a section of the statute that eliminated exemptions for ag irrigators and truck drivers, she said.
Under the legislation by Assemblywoman Lorena Gonzalez, D-San Diego, farmworkers will be paid for overtime after eight hours in a day and 40 hours in a week rather than the 10-hour day and 60-hour week for agriculture that Brown originally approved during his first stint as governor in 1976. The new rules will take effect in 2022 for most farms and 2025 for operations with 25 or fewer employees.
For its part, Citrus Mutual will try anew to gain state funding to combat the Asian citrus psyllid and huanglongbing, the deadly tree disease it can potentially carry.
The industry has devoted $15 million toward research and education and received $11 million from the federal government, but two previous attempts to get funding for the psyllid and HLB included in the state budget failed, Nelsen said.
“We’re still in a position that we do not have HLB in our commercial areas,” he said.
Among other initiatives that could affect agriculture:
• Delegates to the state Farm Bureau’s meeting in December agreed to oppose any move by a newly created “groundwater sustainability agency” to regulate land use. Those decisions should be left up to cities and counties, the delegates decided.
• The delegates also propose that the statewide minimum wage be based on living cost in the lowest-cost areas in the state, while allowing localities to set higher minimum wages as they see fit. Legislation passed in 2016 will gradually raise the state’s minimum wage to $15 an hour by 2022.
• The Almond Alliance will fight for funding in budget bills, trailer bills and grant applications for the planned Sites and Temperance Flat reservoirs, Covello said. The two projects will be considered this year for Proposition 1 water bond funds.
The Farm Bureau’s Kranz praised the appointment of Assemblywoman Anna Caballero, D-Salinas, a former farmworkers’ lawyer and state secretary of business, consumer services and housing, to chair the lower chamber’s agriculture committee.
“(W)e look forward to working with her on issues affecting rural California,” Kranz said in an email.
Port of Portland subsidy question kicked to Oregon Supreme Court
Questions about the legality of a Port of Portland subsidy for ocean carriers have been kicked to the Oregon Supreme Court by a federal appeals court.
The 9th U.S. Circuit Court of Appeals has ruled that the financial system used to manage the subsidy program isn’t clearly legal under current Oregon case law.
“We are hesitant to expand Oregon law in a manner that may be contrary to Oregon’s wishes and in an important subject matter in Oregon’s history,” the ruling said.
At issue is a Port of Portland program that paid ocean carriers to stop at its beleaguered Terminal 6 container terminal, offsetting the carriers’ expense to call on the facility.
The port created the subsidy because of alleged work slowdowns by the longshoremen’s union due to a labor dispute that discouraged ocean carriers from calling on Terminal 6.
The International Longshore and Warehouse Union filed a lawsuit challenging the subsidy program for allegedly using taxpayer dollars for the benefit of private organizations, thereby violating Oregon’s constitution.
Northwest agricultural exporters depended on the Portland container facility to ship crops to Asia, but ocean carriers stopped calling on Terminal 6 in 2015 due to low productivity — despite the subsidies.
Local agricultural exporters are now saddled with greater transportation costs, as they must truck goods to Seattle-area ports, but the Port of Portland hopes to eventually restart Terminal 6.
The dispute over the subsidy is part of a broader legal war between the port, the longshoremen’s union and terminal operator ICTSI that’s seen as hindering the resumption of container service.
The Port of Portland argues the subsidy program is legal because the money is drawn from rent payments by ICTSI, not tax dollars.
The ILWU counters that the subsidy program is impermissible because the funds were commingled with tax money in a single bank account.
“The Port has demonstrated that, as a factual matter, its accounting and financial management systems adequately tracked, managed, and segregated the tax and non-tax revenues,” the 9th Circuit said.
Even so, Oregon legal precedents are silent on whether such accounting methods are allowable, the 9th Circuit said.
If the Oregon Supreme Court declines to resolve the matter, the 9th Circuit is prepared to answer the question “according to our best understanding of Oregon law,” the ruling said.
Investigators stay silent about death of Oregon wolf OR-28
Wildlife investigators decline to provide new information on the death of OR-28, a federally protected wolf found dead Oct. 6, 2016 near Summer Lake, Ore., in the Fremont-Winema National Forest.
U.S. Fish and Wildlife Service continues to offer a $5,000 reward for information leading to the arrest of the person responsible. The Center for Biological Diversity, a conservation group involved in wolf management issues, said it would add $10,000 to the reward fund.
The wolf’s carcass was examined at USFWS’s National Forensics Laboratory in Ashland, Ore., but the agency has not released the results of the necropsy.
“The investigation is ongoing and at this time I cannot comment further than that,” Special Agent Gary Young said in a Dec. 23 email to the Capital Press.
OR-28 was a 3-year old female that was collared in June 2014 and dispersed from Northeast Oregon’s Mount Emily pack in November 2015. By the end of that month her tracking collar showed she had covered more than 450 miles and was in the Silver Lake area in South Central Oregon. By January 2016 it was evident she had paired up with a OR-3, a male wolf in that area. They produced at least one pup.
Killing a gray wolf is illegal under the federal Endangered Species Act. Gray wolves are listed as endangered in the western two-thirds of Oregon.
Anyone with information about this case should call Fish and Wildlife, 503-682-6131, or the Oregon State Police Tip Line, 800-452-7888. Callers may remain anonymous.