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Department of Ecology News Release - December 16, 2002
02-228
SPOKANE - Thomas Rotta of George has been fined $46,000 for a second time, because for two years he has been irrigating 60 acres without proper authorization.
According to the state Department of Ecology (Ecology), Rotta does not have a water-right permit for the property, which is located near George, north of I-90. Because the property lies within the "Quincy sub-area," he also must have a special license from the federal Bureau of Reclamation to irrigate. He does not have that license.
Ecology fined Rotta $46,000 in July 2001 for irrigating the same 60 acres without a water right. Rotta appealed the penalty to the state's Pollution Control Hearings Board. The case has not been heard because of various legal delays, and the penalty remains unpaid.
In addition to the new $46,000 fine, Ecology is considering other legal remedies to stop the illegal irrigation.
"We need to look at other options to stop illegal irrigation when our efforts to get people to comply with water law are ignored," explained George Schlender of Ecology's Spokane office. "We need to protect people who have legal rights to the water."
According to Schlender, Rotta has been irrigating his land since 1991 without a permit. In 2000, he received a cease-and-desist order from Ecology, but continued to irrigate in 2001 and 2002.
The cease-and-desist order required that Rotta install a water-measuring device (i.e., "flow meter"), but the meter has not been installed.
Rotta may file an "application for relief" from the penalty with Ecology within 15 days, or may file another appeal within 30 days with the state's Pollution Control Hearings Board.
Contact: Jani Gilbert, public information manager, 509-329-3495; pager, 509-622-1289
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
