Water issue hits home for cattle, dairy farms

DOE letter alarms groups

COLUMBIA BASIN - Some cattle producers and dairy operations are worried about staying in business because of what they say is a misinterpretation of stockwatering law being given by the state Department of Ecology.

The issue is connected to a recent letter interpreting the law written to Easterday Ranches by a DOE water resources program manager.

Easterday Ranches is trying to build a feedlot near Eltopia in Franklin County.

The DOE's letter states the Easterdays must obtain an additional water right to cover what the agency claims is an "industrial use for water," according to a memo from the Washington Cattlemen's Association.

State Dairy Federation Executive Director Jay Gordon states Attorney General Rob McKenna issued a clarifying opinion for stockwatering in 2005.

And the state Pollution Control Hearings Board found that water use for stockwatering purposes "includes, but is not limited to drinking, feeding, cleaning their stalls, washing them, washing the equipment used to feed or milk them, controlling dust around them and cooling them."

But Ken Slattery, the DOE program manager who wrote the letter, said his letter cannot set precedent.

The agency was only advising the Easterdays, he noted.

He also said he didn't think his letter is policy, rather, the DOE was pointing out a matter of unsettled law about the definition of stockwatering.

The DOE wants to help the Easterdays find a water right and believed the project was at risk if a future court case emerged, Slattery said.

There are concerns about the Easterdays' project as there's an intent to include the nonstock uses under the definition of stockwatering, he said.

Ecology is not going to pull back its letter, he said.

Another letter is being drafted to the group which further explains DOE's position and basically suggests the matter be taken up by the Legislature, Slattery said.

It's possible current cattle producers and dairy operations could be allowed to continue their current water practices if the law was changed, he said.

But some industry groups disagree with Slattery's interpretation of the current law,

The Columbia-Snake River Irrigators Association, the state Hay Growers Association, the Washington Cattlemen's Association, the Washington Cattle Feeders Association, the Cattle Producers of Washington, the Potato Growers of Washington and the Washington-Oregon Biofuel Crops Federation wrote a memo to the governor and legislators stating their displeasure with Slattery's letter.

The group stressed the Attorney General's opinion and the state Pollution Control Board definition is the standard being applied in Washington.

The group also stated Slattery's letter could "perhaps clear the path for a new round of agency regulation - affecting both existing and future stock watering operations."

"It could have a severe impact to anyone out here growing livestock," said Coulee City cattle producer Wade King, who is also a director for CPOW He agreed that being put out of business is a concern for some producers.

"We don't feel we're wasting water. We utilize water. It's a beneficial use. We produce something with that resource," King said.

King said CPOW's membership represents about 35 percent of the beef inventory in the state and contributes about $100 million to the state's economy.

"It just looks to me like they're wanting more and more control," King said.

Jack Field, executive vice president of the Washington Cattlemen's Association, said the association and other groups in a coalition are waiting to hear if the DOE is going to pull back its initial letter and move forward.

Field also said the governor's office is following the process.

"This is an issue that every citizen in the state needs to be following and aware of," Field said. "Right now, we're at a standoff, where the coalition is pointing to documents that negate (DOE)'s findings."

He added that a state agency is being able to run roughshod over citizens without recourse.

Darryll Olsen, principal of the Columbia-Snake Rivers Irrigators Group, said the DOE is going to send back a written response to the coalition and the governor's office is reviewing the response.

He said the group's major concern is that the DOE acted as if Slattery's letter is a formal agency rule when there was no rule making process.

Rule making is a public procedure that happens when there's a disagreement about the interpretation of a law, so there's time for public comment, Olsen said.

Rule making can happen throughout the year and isn't restricted to actions changing state law during the legislative session, he said.

If a bill is proposed during session, he said he considers the effort "mission impossible," as the Legislature will be focused on the budget and high priority issues.

Olsen said it would have been far more appropriate for the DOE to meet informally with the parties instead of sending the letter.