04/27/05 Idaho family wins appeals court decision

The US Ninth Circuit Court of Appeals has reversed a federal judge's decision that denied irrigation rights to a Custer County ranch. Jon Marvel's Western Watersheds Project and the Committee for Idaho's High Desert had sued rancher Verl Jones in 2001 claiming that a stream diversion violated the Endangered Species Act and killed bull trout. In 2003 US District Judge Lynn Winmill sided with the environmental groups but his order cut the Jones family's hay production by 150 tons per year, nearly bankrupting the ranch. Jones who died shortly after the court order had also been told that he had to pay $36,000 for WWP attorney fees. Russell Brooks of the Pacific Legal Foundation represents the Jones family. BROOKS "The watersheds project isn't going to be running roughshod over everyone anymore like they have been in the past. It's a huge setback. Not only along did they lose the Jones' case on appeal but they're no longer assured of winning any other cases for that matter along these same lines." Brooks expects Marvel to file another lawsuit, probably in Winmill's court. BROOKS "Of course that would be very unfortunate and be a waste of everybody's time." The Jones family can now seek attorney fees, which amount to as much as $100,000. Today's Idaho Ag News Bill Scott