Judge denies request to halt piping

Judge Stephen Tiktin is expected to rule by the middle of December in the war between the Keith Cyrus family and the Squaw Creek Irrigation District over who controls the "Cloverdale Ditch" irrigation canal.

SCID is piping the ditch to conserve water, some of which will be returned to Squaw Creek to enhance fish habitat.

The Cyruses claim that there are better methods of conservation. They also question whether the project has been adequately engineered.

On Monday, December 4, in a meeting between the judge and attorneys, Cyrus asked the court for a temporary restraining order and filed a motion for injunction to prevent the piping work from going forward.

The Cyruses claimed they would suffer "irreparable injury, loss or damage to their water delivery system and to their real property ditch interests," if the open canal was replaced with a pipe, according to the restraining order request.

The judge denied the restraining order, but agreed to set a time for hearing on a motion for injunction.

In the meantime, the canal has been piped from the main SCID reservoir near Highway 20 to the Redmond Highway 126, according to SCID Manager Mark Thalacker.

The district is now burying the pipe already put in the ground, and probably will not be laying any more pipe until after Judge Tiktin has ruled on who controls the ditch, Thalacker said.

On Friday, November 15, the Cyruses allegedly found a document they claim proves that SCID recognized their ownership of the Cloverdale ditch. In court, SCID questioned the validity of that document.

This week, SCID provided the court with a well agreement, signed by Keith Cyrus on August 8, 2000, that allegedly acknowledges SCID's claims of control over the Cloverdale Ditch.

The judge is expected to deliver a written decision within two weeks.