Document text
P/CLOUDY Temp: 77 °F Wind: CLM at 0 mph Thursday, October 2, 2003 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine Joy Magazine Tempo A & E RogueValleyAutoFinder RogueValleyHomeFinder Real Estate Showcase Wellness Connection Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Employment Contact Us Media Kit Email Story to a Friend August 31, 2003 Federal efforts to remove a 73-year-old, 10-foot dam on Evans Creek near Wimer have been hampered by neighbor opposition and the lack of clear ownership. Agencies say the dam is an impediment to threatened coho salmon migrating upstream to spawn. Mail Tribune / Roy Musitelli Who will step up to claim Wimer Dam... and save the salmon? By SANNE SPECHT Mail Tribune Federal agencies trying to remove the Wimer Dam on Evans Creek have found themselves in murky waters as legal issues complicate their efforts — not the least of which is who actually owns the dam. Special Agent Jim Houseman of NOAA-Fisheries said the defunct 73-year-old dam is an impediment to fish swimming upstream to spawn — including coho salmon, listed as threatened under the federal Endangered Species Act. Advertisement National Oceanic and Atmospheric Administration-Fisheries is the new name for the National Marine Fisheries Service. "It’s in the best interest of the salmon," Houseman said. "Nobody is maintaining the dam, nobody has water rights off the dam and it’s delaying or injuring fish." Dan Kewish and Dora Baines, whose properties abut the dam, said they have been pressured by NOAA-Fisheries and the Bureau of Land Management to remove the dam for over a year. "BLM mentioned horrendous fines of (up to) $10,000 per fish for harming or harassing the fish," said Kewish. The Endangered Species Act carries stiff fines for harming any species listed as threatened or endangered. Kewish said he was initially working with the two agencies and actually had a verbal agreement to remove the dam. But things came to a halt when he was asked to sign a document which would not protect him from potential liabilities, he said. Kewish said he now believes the dam is not even his — it belongs to his neighbor, Rocky Wardell. Kewish said Wardell purchased all the assets of the Evans Valley Irrigation District and that includes the dam. "It’s his and I realize it’s his," said Kewish. "Before I let them (federal agencies) on my property, I want them to satisfy Rocky Wardell — who owns the dam and property downstream — and anybody else who could end up with mercury on their property." The area was heavily mined in the first half of the 20th century, said neighbor and miner Paul Howell, who added he has found mercury in sediment behind the dam. Wardell could not be reached for comment, but Larry Menteer, Jackson County watermaster, said Wardell’s potential ownership of the dam has been brought to his attention. Menteer said Wardell was not listed in a recent title search on the dam or the properties, and the dam’s ownership is currently unresolved. Regardless of who owns the dam, taking it out isn’t necessary, said Baines, who has lived along Evans Creek for about 60 years. "We have more fish in the past 20 years than ever," she said. Houseman countered that the aged, corkscrew-style fish ladder around the dam is difficult for fish to navigate. "They are bashing into the concrete," he said. "Then they have to turn 180 degrees and find the ladder. You could say that 100 years of Wimer (type) dams is why we have salmon on the endangered list." Howell, who lives a half-mile below the dam, is opposed to its removal because of dangers from flooding, sediment and pollution. Howell said he dredged small test holes with a five-inch suction dredge behind the sediment-filled, 10-foot dam. "Most all the fine or coarse gold we found had mercury on it," said Howell. Houseman said he does not deny there is heavy metal contamination along Evans Creek. "There is mercury and other heavy metals above and below Wimer Dam," he said. Houseman said there would be federal funds to help defray costs of hazard removal or containment if the dam were removed. As for Kewish’s demand the government assume liability, Houseman said federal legislation prohibits it. BLM Field Manager Lance Nimmo said the legal questions created delays that caused his agency to lose federal funds previously available to remove the dam. Nimmo said the BLM is no longer pressing for the dam’s removal. "We have no interest in removing it and we’re not proposing removing it and have no plan to remove it," said Nimmo. Houseman, however, said the dam is still on the block for removal as far as NOAA-Fisheries is concerned. "We always approach these issues as one of collaboration first," he said. "We recognize they (the landowners) inherited this issue. "But somehow we need to find some sort of solution that can make everyone happy —including the fish." Reach reporter Sanne Specht at 776-4497 or e-mail [email protected] . Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback A D V E R T I S E R S SPECIAL SECTIONS Rogue Valley Auto Finder Rogue Valley Job Finder --> Rogue Valley Home Finder Joy Magazine Homelife Magazine Tempo Real Estate Showcase Food for Thought Hike of the Week Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Openings Prime Times