Odessa Aquifer Irrigators File Lawsuit Against East Columbia Basin Irrigation District Challenging Its Illegal Development Fee Scheme

RITZVILLE, Wash., Sept. 16, 2015 /PRNewswire/ -- On behalf of several Odessa Aquifer Irrigators, the Columbia-Snake River Irrigators Association (CSRIA) has filed a lawsuit in Adams County Superior Court against the East Columbia Basin Irrigation District (ECBID).

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In particular, the CSRIA/Odessa Aquifer Irrigators' "Complaint for Declaratory and Injunctive Relief" states that ECBID's "normative cost" and "development fee" scheme is illegal, as it directly counters Washington State irrigation law regarding cost assessments.

Additionally, in the complaint/lawsuit, CSRIA requests that the Court reject ECBID's illegal normative cost/development scheme, as CSRIA has offered a legal and restructured cost schedule that would allow for private sector construction/financing, with common costs to the ECBID, such as remaining East Low Canal modifications.  In fact, CSRIA's restructured annual cost schedule is only about $107/acre, with farmers or landowners building their own privately funded/financed systems (or joint systems) and incurring their own capital costs.

Furthermore, by providing the Court an alternative cost allocation structure that is both legal and allows for direct private sector development, CSRIA is trying to bring a positive and prompt resolution of this matter.  As a result, CSRIA is providing notice to the Court and ECBID that the above mentioned cost structure would be acceptable to avoid further litigation.

This lawsuit follows recent legal opinions by two expert attorneys which questioned the legality of the water service contracts (and more specifically the "development fees" in those contracts) being issued by the ECBID to Odessa Aquifer Irrigators.

• http://www.aginfo.net/AginfoReportView.cfm?reportid=31893
• http://www.prnewswire.com/news-releases/east-columbia-basin-irrigation-districts-development-fees-to-odessa-aquifer-landowners-deemed-unlawful--illegal-300132829.html
• http://www.aginfo.net/AginfoReportView.cfm?reportid=31649

For more information, please contact Darryll Olsen at 509-783-1623 or email.

About the Odessa Aquifer Privately Funded Project

The Odessa Aquifer Privately Funded Project has been widely endorsed by many newspapers and decision-makers as a viable, cost-effective and realistic option to immediately begin replacing the use of groundwater from the declining Odessa Subarea Aquifer.

Following are recent editorials endorsing/supporting the privately funded/financed project:

• http://www.spokesman.com/stories/2015/jun/04/editorial-dont-allow-litigation-to-divert-wise/
• http://www.tri-cityherald.com/2013/09/24/2590487/our-voice-government-should-support.html
• http://www.spokesman.com/stories/2012/jul/13/editorial-water-flows-to-farms-with-help-of/

SOURCE Columbia-Snake River Irrigators Association