Easterday Ranches Incorporated is taking advantage of the state's new interpretation to build an industrial feedlot on traditional farming land. The state Attorney General, Rob McKenna, compelled the Washington Department of Ecology to reverse years of limiting the amount of water a feedlot could use without a permit, when he issued an opinion that feedlots could use unlimited amounts of groundwater for watering their stock with no permitting required. The state will now allow the operation to pump up to 600,000 of its total million gallons a day in one of the driest counties of the state, without regulation and without protection for neighboring wells and springs. That is more than 1,000 times the amount of water an average eastern Washington household uses.
"After over 100 years of conservative farming on some of the driest land in Washington, our lives and livelihoods are in jeopardy from this huge industrial feedlot," said Scott Collin, a dryland wheat farmer living and farming within sight of the planned cattle operation. "The state of Washington is inclined to twist the law to allow the project to proceed, so we have no choice but to act in order to protect our families, our livelihood and our way of life."
Washington state's groundwater laws require a permit for groundwater use to protect people who already have wells and to protect streams that are connected to or replenished by groundwater. For 60 years, the Department of Ecology allowed only a limited exception to the permit requirement for certain rural homestead uses. In 2005, after the attorney general issued his opinion in response to questions from state legislators in rural Washington, the state abruptly reversed its long-standing position and now claims it is unable to regulate groundwater used for "stockwatering" no matter how large or industrialized the use is.
"The state has opened a loophole in the law that you can drive 30,000 cattle through," said Janette Brimmer, an attorney with Earthjustice who is representing the farmers in court. "Water is life in eastern Washington, and we're simply asking the court to restore fairness and reason to the law."
Joining Five Corners Family Farmers in the lawsuit are The Center for Law and Policy, a Washington water protection group, and the Sierra Club, a national environmental organization.
"The law is not being applied fairly," said Rachel Paschal-Osborn, Director of The Center for Environmental Law and Policy. "Thirty thousand cows in an industrial feedlot can get groundwater with no oversight, but neighboring farmers and towns can't get water even when they follow the rules."
"Throughout the West, water supplies are running out — leaving people, rivers, fish, and communities high and dry," said Andrew Lewis, Chairman of the Sierra Club's Cascade Chapter. "We support the farmers' request to restore fairness to the law."
Scott Collin is the Secretary of Five Corners Family Farmers and a fourth generation dryland wheat farmer in Eastern Washington. In 1906, Scott's great-grandfather, Asa Moore, settled in Franklin County on a dry homestead where there was no well. Cisterns were filled by mule teams hitched to a water-wagon, which hauled water 15 miles from the Snake River, up a long tortuously steep grade. Scott's Grandmother, Josephine Coordes, bought the property where he now farms and resides, a mile south of the proposed feedlot property. The primary asset of Scott's ranch when his grandmother bought it was the domestic well. Scott and his family have been using careful water and soil conservation farming practices for more than 100 years to grow dryland wheat without irrigation.
Video from KING5-TV, Seattle: