[Vision2020] Naylor Farms

[Bruce and Jean Livingston]

I applaud the County Commissioners for their attempt to deal with our water 
problem, too, Dan.  It appears to be an excellent and creative approach. 
Here is the article.
Bruce Livingston

Latah County takes proactive action; Temporary ordinance prohibits clay 
washing on 45,000 acres around Moscow


By DAVID JOHNSON
of the Tribune



MOSCOW -- The Latah County commissioners Wednesday adopted an emergency 
six-month ordinance aimed at curbing certain land use practices within what 
is being called the Moscow Sub-basin Groundwater Management Overlay Zone.

The prohibited uses include natural mineral resource extraction and 
processing, confined animal feedlot operations exceeding 200 animal units 
and golf courses. Currently, there are no mining or feedlot operations in 
the zone. And the only golf course, owned by the Elks Club east of Moscow, 
is exempt.

The new zone, which encompasses more than 45,000 acres around Moscow, was 
created after more than 450 residents signed a petition calling for a 
moratorium on development that might have an impact on groundwater 
resources.

The action stems from continuing attempts by representatives of Ralph Naylor 
Farms to secure state water rights about five miles north of town, 
reportedly for irrigation of farm crops and, to a lesser degree, clay 
washing.

After receiving complaints, the Idaho Department of Water Resources is 
reassessing an earlier decision to grant the water right. An April 6 public 
hearing has been scheduled to take more scientific testimony about 
groundwater geology.

In the meantime, the county's emergency ordinance can't stop Naylor Farms 
from irrigating crops (if the water right is ultimately granted), but it 
would prohibit clay washing.

"I really feel comfortable that we're representing the citizens of the 
county," Commissioner Tom Stroschein said during a morning meeting.

While the emergency ordinance isn't intended to trump the state's power over 
water rights, it might set a precedent for harnessing the use of a water 
right.

"I have no problem having Latah County take the lead in the state," said 
Commissioner Paul Kimmell. He, Stroschein and Commission Chairman Jack 
Nelson agreed they wanted to insulate the county from a potential legal 
challenge. So they opted for language that doesn't directly address water 
use -- especially the quantity of water that might be used.

"If we attempt to address irrigated agriculture this will go down in 
flames," Kimmell predicted. Stroschein and Nelson agreed.

"Controlling the land use is much different than controlling the water," 
said Michelle Fuson, county planning and zoning director.

The commissioners were lauded by a handful of people attending the meeting, 
several of them members of the Protect Our Water (POW) group that 
spearheaded the petition effort. No Naylor Farms representatives attended.

The quick passage of the ordinance came after the commissioners first found 
that "an imminent peril to public health, safety or welfare exists" because 
of the groundwater situation and "the threat of certain proposed land uses."

That kind of declaration, however, has been avoided by other public 
officials and some groundwater experts who say the area is faced with a 
"water management problem," not a crisis. Almost everyone agrees there's a 
lack of conclusive scientific evidence to prove one way or the other.

Naylor Farms spokespersons have said the water source they intend to tap is 
completely separate from Moscow's source and much deeper than surrounding 
rural wells. They've also repeatedly said they have no intention of 
depleting the area's groundwater supply.

State officials have said the water right, which initially sought more water 
than the cities of Moscow and Pullman use each year, will eventually be 
based on actual use. And that amount, according to officials, is expected to 
be significantly less.

Nonetheless, the county commissioners said they are obligated to protect 
rural residents who have private wells within the new management overlay 
zone. The commission stance comes despite an agreement between Naylor Farms 
and the cities of Moscow and Pullman for a protocol designed to ensure no 
negative impact on the aquifers.

The county was not part of the protocol because it failed to file a timely 
challenge of the Naylor Farms water right application.

The new ordinance will stay in effect for 182 days, or until a permanent 
ordinance is adopted. The commissioners agreed to form a task force to work 
on a permanent ordinance that could address, in addition to the new 
management overlay zone, groundwater issues throughout the county.

Kimmell said none of the action taken by the county is aimed at discouraging 
development but is intended to ensure a water resource for all users. 
Stroschein agreed, adding the controversy appears to have created an 
"opportunity" for the county to establish some long-range planning.

Nelson said he wants to make sure the county doesn't overstep its authority. 
"I've got great concerns about private property rights," he said. "We all 
enjoy our freedoms in this country, and private property rights are 
important."



----- Original Message ----- 
From: "Dan Carscallen" <predator75 at moscow.com>
To: <vision2020 at moscow.com>
Sent: Thursday, March 03, 2005 9:10 AM
Subject: RE: [Vision2020] Naylor Farms


> This morning's Trib has an article regarding this, explaining the 6
> month "emergency ordinance" the County Commissioners came up with.  The
> ordinance will curb certain land use practices within a 45,000 acre area
> being called the "Moscow Sub-Basin Groundwater Management Overlay Zone."
>
> I applaud our commision for trying to be proactive while being reactive
> toward the Naylor Farm plan
>
> DC
>
> -----Original Message-----
> From: vision2020-bounces at moscow.com
> [mailto:vision2020-bounces at moscow.com] On Behalf Of Carl Westberg
> Sent: Thursday, March 03, 2005 9:01 AM
> To: vision2020 at moscow.com
> Subject: [Vision2020] Naylor Farms
>
>
> If you haven't seen it, I recommend reading Jan Shumway's letter in
> yesterday's Daily News regarding Naylor Farms.  Some very good questions
> and
> very good points are raised regarding this proposed "farm".
>
>
>
>
>
>
>
>               Carl Westberg Jr.
>
>
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>
>
> _____________________________________________________
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> serving the communities of the Palouse since 1994.
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