Arnold Irrigation District manager, Senator Merkley pleased by lawsuit dismissal and start of canal piping project

(Update: Adding video, new comments by Arnold Irrigation District manager and Senator Merkley)

More than a month after work began and days after a formal groundbreaking ceremony, a federal district this week dismissed a lawsuit initiated by the Save Arnold Canal group seeking to halt the Arnold Irrigation District's Main Canal piping project, the district announced. 

Following a landmark decision issued by U.S. District Judge Michael McShane on August 24, property owners dismissed their lawsuit, and the judge signed the dismissal on Wednesday according to a Friday news release from the irrigation district.

Save Arnold Canal originally filed suit a year ago against the irrigation district, the U.S. Department of Agriculture and the Natural Resources Conservation Service, a USDA agency.

Save Arnold Canal's claims against AID were dismissed on July 11. The claim was then amended to include four individual property owners who live along AID’s main canal. On August 24, the federal court denied the property owners’ requested preliminary injunction, which sought to stop construction of the canal project while the case was pending. 

In his ruling denying the request for a preliminary injunction, Judge McShane wrote that the plaintiffs’ claims had little likelihood of success at trial. He rejected the claims made by SAC, including allegations that the NRCS violated the National Environmental Policy Act (NEPA) and that AID violated state law by not having the necessary right of way for the piping project. 

The court determined that transitioning the canal to a piping system is a reasonable and necessary measure to provide water to its patrons. The court also acknowledged the benefits of a safer and more efficient irrigation system in the Deschutes Basin.

Steve Johnson, District Manager of AID, said, "We are pleased with the legal outcome affirming our right to pipe and modernize our canals. The district can now focus on continuing our main canal project without delay and achieving a more reliable and sustainable water supply for our patrons, ensuring water access for our sister irrigation district, North Unit Irrigation, and delivering substantial instream benefits to the Deschutes River and its aquatic habitat.”

Johnson told NewsChannel 21 on Friday that the lawsuit cost the district and its patrons over $100,000 in legal fees, but didn't delay the piping project, which got underway in early September.

Johnson said Wednesday he was happy to get past the lawsuit, saying, “We understand that folks are upset and wanting to stop the project, for their own reasons, but the greater good is to the river and to other irrigation districts, including Arnold that will benefit from this project. We are just satisfied that the federal court has decided in our favor.”

He said they have laid over 2,000 feet of pipe out of 19,000 feet total in the first phase of the three-year project. The deadline is the April 1 start of irrigation season. The overall piping project, at a cost of $34 million, replaces the 12-mile Main Canal.

Johnson spoke to the importance of the project moving forward: “The primary purpose of piping vs. some other technique is that it's more efficient and it conserves more water, and Arnold Irrigation District has been water short for the last four years, and we have not been able to complete a full irrigation season.”

Senator Jeff Merkley joined AID and two other irrigation districts, among other officials for a groundbreaking on Oct. 20 for piping projects estimated at $120 million, saying it will save energy and millions of gallons of water each year.

Merkley, who was an author for a new bill funding the project, spoke to NewsChannel 21 on Wednesday about the opposition by some residents: “A little stream running through your backyard is a nice feature, but we have to look at the broader picture here on how to sustain our farming and ranching community.”

Arnold Irrigation District said in Friday's announcement, "The dismissal of the SAC lawsuit represents a significant development in the ongoing efforts to enhance water conservation and deliver long-term benefits to the local community. AID remains committed to its mission of providing efficient and sustainable water resources while supporting the environmental well-being of the Deschutes Basin."

For more information about AID's Infrastructure Modernization Project, visit the Arnold Irrigation District website. www.arnoldid.com.

About Arnold Irrigation District

Situated in Deschutes County, Oregon, Arnold Irrigation District encompasses 4,384 irrigated acres that serve as the lifeblood of 646 patrons. The District is responsible for operating and maintaining a comprehensive irrigation infrastructure spanning 39 miles of canals and laterals within the Deschutes Basin.

As stewards of this critical water conveyance system, Arnold Irrigation District plays a pivotal role in serving the water needs of the region's agricultural landscape.