Mahogany Creek diversion

Mahogany Creek diversion

Current Status:
SETTLED

Case Title:
IWP v. Whitworth, oo-cv-728 (D. Idaho)

Staff attorney(s):
Laird J. Lucas

Client(s):

Western Watersheds Project

To Protect:

Bull Trout

States:
Washington

Case Information:

Endangered Species Act citizen suit against Judd Whitworth and Sulphur Creek Livestock for unlawful “take” of threatened bull trout through operation of unscreened public lands diversion on Mahogany Creek, tributary to upper Pahsimeroi River.

Our experts showed that the Mahogany Creek diversion would likely “take” bull trout through entrainment into the unscreened ditch, which continued for miles as a livestock water trough; and because the crude rock-and-tarp diversion completely obstructed and dewatered the stream, thus preventing fish passage.

Case was resolved when Whitworth agreed to install a screened “infiltration gallery,” which allowed fish movement instream and reduced the amount of diversion by 99%.