Otter Creek Diversion Challenge

Otter Creek Diversion Challenge

Current Status:
WON

Case Title:
IWP v. Jones, 00-cv-730-BLW (D. Idaho)

Staff attorney(s):
Laird J. Lucas

Client(s):

Western Watersheds Project

To Protect:

Bull Trout

Date won/settled:
November 21, 2002

States:
Idaho

Case Information:

Endangered Species Act citizen suit against Verl and Tuddie Jones for unlawful “take” of threatened bull trout through operation of their unscreened diversion on Otter Creek, located on Salmon Challis National Forest public lands.

We won an injunction prohibiting further diversions until the irrigator obtained a special use permit from US Forest Service, and it conducted ESA consultation with US Fish and Wildlife Service over installing modern diversion with fish screen.