The Westland Irrigation District has responded to a lawsuit filed by long-time patrons who argue they’ve been cheated out of water for years to benefit large farms with junior water rights.

Attorneys for the district are trying to get the case dismissed from federal court over lack of jurisdiction. A motion was filed Friday which states the plaintiffs did not exhaust their legal remedies by bringing their claims to the state first.

Seven Umatilla County farmers are suing Westland, including: ELH LLC, owned by Patrick and Dixie Echeverria; Oregon Hereford Ranch LLC, owned by Doug and Don Bennett; Paul Gelissen; Frank Mueller; Maurice and Lucy Ziemer; Craig and Cynthia Parks; and Richard and Kristine Carpenter. Together, they farm more than 1,650 acres with senior water rights to the Umatilla River and McKay Reservoir

According to the lawsuit, the plaintiffs are victims of a massive water misappropriation scheme concocted by Westland to benefit L&L Farms, Eagle Ranch and Amstad Farms, three operations with more than 5,000 acres. Water was illegally taken and redistributed to the larger farms, which hold junior water rights, for at least a decade, the plaintiffs claim.

Westland allegedly engaged in four main tactics to misappropriate water. First, the district entered into flood water delivery contracts which allowed the larger farms to take more water out of the Umatilla River than they’re entitled. Plaintiffs also argue that Westland failed to properly monitor water usage, ignored priority dates for water rights and diverted water from McKay Reservoir through so-called “limited water” delivery contracts.

As a result, the plaintiffs say they’ve been unable to double-crop their fields, which has cut into their bottom line. They are seeking $2.9 million in damages,

Westland, however, argues in its motion that the plaintiffs erred in filing in federal court.

“Because plaintiffs have not utilized the procedures Oregon provides for obtaining just compensation, plaintiffs cannot overcome the exhaustion requirement,” the motion reads. “As a result, the court lacks subject matter jurisdiction over plaintiffs’ federal takings claim and this claim should be dismissed.”

In addition, the district argues it is immune from some of the claims.

“As provided by Oregon statutes, the Westland board of directors has the authority and responsibility to take all actions, and make all decisions, at issue in this case,” the motion reads.

The district says it is working to put together more information to distribute to other patrons about the lawsuit, and the process moving forward.

The plaintiffs also have filed a separate lawsuit against the Oregon Water Resources Department for failing to protect their senior water rights. That case is proceeding in Umatilla County Circuit Court.

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