Tri-Cities company fined $304,000 for alleged water theft during drought

A Franklin County farm has been fined $304,000 by the Washington state Department of Ecology for irrigating 250 acres without rights to the water.

Frank Tiegs LLC has 30 days to appeal the decision to the Washington state Pollution Control Hearings Board.

Ecology said that the illegal water use threatened stream flows on the Columbia and Snake rivers, which are critical rivers for salmon and steelhead.

The farm built pipelines and two 125-acre irrigation pivot systems to water previously unfarmed land out of the McNary Pool of the Snake River in the irrigation season of 2021, according to the state notice of penalty issued Tuesday.

“They proceeded to double crop the pivots with peas and sweet corn during an exceptional drought in a closed basin without a water right,” the penalty notice said.

The year was one of the driest and warmest on record for Washington.

Ecology sent a letter to the landowner on Aug. 4 asking about the water rights for the 250 acres.

The farm wrote back six days later saying it was irrigating the acreage and that it was a mistake.

Discussions began to remedy the issue, with reduced irrigation elsewhere on some fields to allow water for 225 of the 250 acres in the 2022 growing season.

Since 1993, the Columbia River has been managed under a rule that requires mitigation for new surface water withdrawals. The mitigation must replace or offset the water used under a new right.

But a check on Sept. 20 showed that some of the proposed irrigation practices were not being implemented as reported, according to the penalty document.

Both the severity of the violation and the farm’s cooperation is working with Ecology to remedy the situation for the 2022 growing season was consider in determining the amount of the fine, according to the penalty document.

Ecology may issue civil penalties from $100 to $5,000 per day per violation.

In this case the penalty amount is for $2,000 per day for 152 days of illegal irrigation, according to the penalty document.

Frank Tiegs did not immediately respond to a Tri-City Herald request for comment.

Frank Tiegs also owns Pasco-based Washington Potato Co., the Washington plant of Oregon Potato Co., also with its corporate office in Pasco. The company Frank Tiegs LLC is a separate business though it has common ownership.

Oregon Potato Co. is family owned and owns or has long-term leases for 140,000 irrigated acres and a network of processing plants in Washington, Oregon, Idaho and Michigan. Frank Tiegs is the president.

This story was originally published October 20, 2021 at 3:40 PM.