Friends of Idaho Watersheds Project

The following news release is from the Oregon Natural Desert
Association, IWP's co-plaintiff and lead organization for this
successful lawsuit against the Oregon BLM. The lawsuit was filed
because of the failure of the agency to protect the special qualities
of the Owyhee Wild and Scenic River from abusive grazing practices.

Thanks to Jack Sterne, our attorney for this lawsuit.

NEWS RELEASE
FOR IMMEDIATE RELEASE For information call : Bill Marlett (ONDA) at 541/330-2638

Conservationists Win Suit Against BLM to Protect Owyhee River

A district court judge has ordered the BLM to fully consider the negative impacts of livestock grazing on the Owyhee Wild and Scenic River. The decision was issued by district court Judge James Redden, and is the third court decision in two years against BLM for failing to adequately protect designated Wild and Scenic Rivers in Oregon. Earlier this year, Judge Stewert ruled against the BLM for failing to prepare a plan for the John Day Wild and Scenic River and, last year, Judge Haggerty ruled against the BLM for failing to consider the adverse impacts of livestock on the Donner and Blitzen Wild and Scenic River.

The Owhyee suit was filed by a coalition of Oregon and Idaho conservation groups earlier this year alleging that the BLM's management plan for the Wild and Scenic Owyhee River failed to comply with the Wild and Scenic Rivers Act by not fully protecting the outstanding natural and recreational values of the river. The groups who filed the suit include the Oregon Natural Desert Association, the Oregon Wildlife Federation, the Oregon Natural Resources Council, the Idaho Watersheds Project, and the Committee for Idaho's High Desert.

The Owyhee River was designated a wild and scenic river by Congress in 1984 with later additions in 1988. The management plan covers 186 miles of the Owyhee and its tributaries, including sections of the Main Owyhee, West Little Fork Owyhee, and North Fork Owyhee Rivers. The Owyhee River and its adjacent canyonlands make up one of the largest wildland areas in the contiguous U.S., which includes parts of northern Nevada, southwestern
Idaho, and southeast Oregon. The Owyhee River is popular among whitewater rafters, hunters and hikers and provide habitat for over 200 species of wildlife, including redband trout, bighorn sheep, mule deer, pronghorn antelope, mountain lion, and golden eagles. Congress identified the Owyhee's scenery, geology, recreation, wildlife and cultural resources as outstandingly remarkable values that must be protected.

Bill Marlett, Executive Director of ONDA, was not surprised by the decision. "The BLM has consistently disregarded the will of Congress to protect wild and scenic rivers in Oregon. The Owyhee is just another example of the agency's inability to stand up to the livestock industry." The court found that ranchers bullied BLM to not take any action that would adversely affect their livestock's access to the river. "Maybe the BLM will take serious its duty to protect Oregon's rivers from livestock, but don't hold your breath. The ranchers still consider the Owyhee their private cow pasture."

The court agreed with conservationists that BLM authorized livestock grazing without first determining whether grazing was compatible with the protection of the natural and recreational values of the Owyhee. The court
further stated the BLM had a duty not only to restrict livestock grazing, but to eliminate it where it did not protect or enhance the river's values. The court also disagreed with BLM that conservationists had to prove harm to the river caused by livestock grazing. To the contrary, Judge Redden said it is incumbent on BLM to prove how livestock grazing is consistent with the Rivers Act.

BLM's own draft management plan found that livestock grazing has had a broad scale adverse effect on both riparian and upland vegetation throughout the Owyhee River, noting that 36% of the river was accessible to
livestock, with 18 miles of the river having noticeable negative impacts from livestock. Livestock use was evident at 138 of the river's campsites. Jack Sterne, the lawyer representing the groups, said "What little monitoring they have done indicates that grazing is impacting the values of the river. The laws requires BLM to address the impacts, not defer action until some unspecified future date."

"The Owyhee flows through the heart of one of Oregon's most wild landscapes. It deserves the best protection we can give it; letting cows lounge on the river is just not acceptable," said Marlett.