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House approves irrigators' exemption By PETER WONG SALEM -- Despite environmental objections from some members, the House has cleared a bill that exempts irrigators from obtaining special permits for herbicide and pesticide treatments in canals. House Bill 2652 passed 46-10 Friday and goes to the Senate. It was prompted by the 1996 spill of chemical-laden canal water near Ashland that resulted in a fish kill in Bear Creek, a major tributary of the Rogue River. Two environmental groups then sued the Talent Irrigation District, arguing that the state should have required it to obtain a water discharge permit under the federal Clean Water Act. A federal judge has ruled for the district and against the groups, but the Oregon Water Resources Congress sought the bill to clarify state law. The Department of Environmental Quality has not required irrigators to obtain permits for so-called "return flows" and stormwater from farmland. A second lawsuit, this one against the U.S. Bureau of Reclamation, is pending in the Klamath Basin. "This bill allows irrigators to continue using the tools required in operating and delivering water efficiently to agricultural users by removing moss and weeds," said Rep. Jason Atkinson, R-Jacksonville, the bill's floor manager. "This bill does not allow irrigators to pollute the waters of this state. It does not change the ability of state agencies to bring enforcement actions in the event of an accidental release." The release of water containing acrolein, a chemical that kills moss, resulted in a kill of an estimated 92,000 infant steelhead. Two state agencies have fined TID, which has settled its $400,000 liability with cash and contributions to fish-habitat projects. TID also has tightened operating procedures for chemicals and proceeded with research into alternatives. Herbicides and pesticides may be used in water if they are approved by the federal Environmental Protection Agency and used according to label instructions. "In my opinion, one fish killed is too many," Atkinson said. "But regardless of whether the district was responsible for the spill, the district has taken responsibility to ensure that such an accident is not likely to occur again." But environmental groups have targeted the bill for defeat. "At a time that we are asking all segments of society to evaluate and modify their behavior in our cities, on our farms and in our homes, I believe the passage of this bill is a step in the wrong direction," said Rep. Deborah Kafoury, D-Portland. She was on the losing side of the 7-2 vote March 10 in the House Water and Environment Committee. Rep. Chris Beck, D-Portland, said the state should be free to consider more stringent standards because of last week's federal listings of additional salmon and steelhead runs as threatened species requiring protection. "I disagree with the premise that Oregonians should turn over rule-making to politicians and bureaucrats in Washington, D.C.," he said. "I think this bill will do that." Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA