05/25/05 Irrigation might win

Irrigation Might Win Environmental extremists suffered a set back last month. I'm Jeff Keane; I'll tell you about it in one minute. In December 2000, the Idaho Watersheds Project headed by Jon Marvel sued the Verl Jones family of Challis, Idaho claiming they were violating the Endangered Species Act and killing bull trout by diverting water from a small stream to irrigate alfalfa fields. Oh yeah, it's the same Jon Marvel from the "I hate cows" group. A legal Idaho water right allowed the stream diversion since 1961 so the Jones' could grow winter cattle feed. A federal judge ignored testimony by the Jones family that no bull trout had been killed or injured in the 40 years of water use and an injunction to stop diverting water was issued. The Jones' believe the real reason they were sued was to financially drive them off their land. On April 25th the Ninth Circuit Court of Appeals reversed the District Courts decision. This new ruling says the ESA cannot be used as a weapon unless there is proof a species is being harmed. The case will now go back to trial so actual evidence or the lack of it can be ruled on. The Appeals Court ruling also notes that if there is no evidence of a species being harmed in the past then it probably means it won't be harmed by the same situation in the future. Regretfully, Verl Jones died in 2003 so he didn't get to enjoy this victory against misguided judges and extremists using the environment as an excuse to further their own causes. I'm Jeff Keane. Capital Press 5/13/05