By Robert McClure, InvestigateWest
Eight times in seven years, a state inspector asked Joe Lemire to keep his cattle off the banks of Pataha Creek. Why? Because they drop cow pies in the water. Cows trample pollution-filtering streamside plants. Cows mash the banks down so dirt gets into the stream, which had been targeted for cleanup by the government since the early 1990s.
The state even offered to pay for fences to keep the cows out of the stream.
But Lemire refused. He fired back that the state couldn't prove his cows were polluting the stream, which cuts an undulating path deep into the volcanic plains of southeast Washington. When the state issued him a formal order in 2009 to keep the cows away from the creek, Lemire appealed to a state pollution-hearings board.
This fall his case heads to the Washington Supreme Court in what is shaping up as a pivotal decision about farmers' obligations to protect Northwest waterways. In a related struggle, Indian tribes are charging that farmers such as Lemire are killing salmon.