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closeSaturday, Jan. 10, 2009
Petition against Franklin County feedlot water use plan denied
By Joe Chapman, Herald staff writer
The Washington Department of Ecology has denied a petition from an environmental law group that opposes a water use plan for a 30,000-head cattle feedlot in Franklin County.
The Center for Environmental Law & Policy, along with the Five Corners Family Farms group, had petitioned for an order preventing the Easterday Ranches feedlot from drawing an unlimited quantity of water from a permit-exempt ground water well.
The feedlot operator proposes to withdraw as much as 300,000 gallons of water a day under Washington state's stock-watering exemption to ground water regulations.
The environmental group contends the stock-watering exemption doesn't apply to commercial feedlots. Ecology officials said they believe commercial feedlots don't have an unlimited exemption to state water-use law, but the agency denied the petition on procedural grounds.
"We're pleased with their decision. It's just another point proven. This is an environmentally solid and economically solid project," said Cody Easterday, owner of Easterday Ranches Inc.
"We've been saying that all along. We've been playing by the rules, and we're doing everything right," he said.
He said he doesn't know of any other challenges to the proposed feedlot.
It is to be built about five miles southeast of Mesa at the Five Corners area of Franklin County.
Neighbors in the vicinity banded together to oppose the feedlot, arguing it would threaten their ground water supply and conflict with the character of the community. Most of them live on dryland wheat farms and draw water for domestic use.
Ecology said it believes questions about the stock-watering exemption are best addressed in the Legislature, which convenes next week.
In a Jan. 9 letter to Rachael Osborn, CELP's executive director, Ecology Director Jay Manning explained the basis for denying the petition and invited her to participate in the legislative process on the stock-watering issue.
"During the 2009 legislative session, Ecology will be engaging with legislative leaders to encourage them to review and consider amending the ground water exemption generally and the stock-watering exemption in particular," Manning wrote.
In the meantime, Ecology is assisting Easterday Ranches in attempting to find a water right for the company to purchase and transfer to its proposed facility, the department said. With a water right, the company wouldn't need an exemption from state water-use law, the department said.
"We're working side by side, hand in hand with (Ecology) to continue forward with this project," Easterday said.
Easterday Ranches still is finishing design work for the feedlot, but construction should begin soon, Easterday said.
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