Herd Creek diversion

Herd Creek diversion

Current Status:

Case Title:
IWP v. Bennetts, 00-cv-729 (D. Idaho)

Staff attorney(s):
Laird J. Lucas


Western Watersheds Project

To Protect:

Bull Trout
Salmon and steelhead


Case Information:

Endangered Species Act citizen suit against Jim Bennetts for unlawful “take” of threatened salmon, steelhead, and bull trout associated with his unscreened public lands diversions on Herd Creek and Lake Creek (East Fork Salmon River watershed), and because of livestock damage to critical habitat on his base property.

After we filed for summary judgment supported by several expert declarations demonstrating “take” in violation of the ESA, the case was resolved when Bennetts placed the property into a conservation easement that prohibits livestock grazing and ceases the unscreened diversions.