Cyrus wins lawsuit over irrigation ditch

Squaw Creek Irrigation District violated a 1940 contract when it shut off water to the Keith Cyrus farm in 1998 for non-payment of assessments, according to Judge Stephen Tiktin in a decision signed on February 27.

The judge said that SCID had no right to charge assessments for water, and that the Cyruses maintained an ownership interest in the ditch.

"It is unfortunate that the district has exposed themselves to $250,000 in legal fees (including fees charged to both SCID and the Cyrus family) when they had no basis in fact or law," said Matt Cyrus.

According to SCID District Manager Marc Thalacker, the assessment of approximately $3,200 will be returned to the Cyrus family, and the amount of actual damages, estimated at about $2,300, will be determined in a "damages" phase of the trial.

A key point was whether the 1940 contract was voided when the Cyruses brought their land into the irrigation district in the 1992.

SCID held that state law required the district to charge the Cyruses. The judge ruled that, in fact, inclusion in the district did not void the contract.

"It is a very old agreement that has now been clarified by the courts. There are conflicts in the statute, and the judge found for the one that (favored Cyrus)," said Thalacker.

"I don't know if we will appeal. Counsel will have to review the decision, as will those who might disagree with (the judges interpretation of statutes)," Thalacker added.

The judge also determined that the Cyruses, "as owners of a portion of the former Skelton property continue to own at least a partial undivided interest in the right of way and the ditch."

However, the judge ruled that the ownership rights are not those of 1940 and that the Cyruses cannot simply determine how the Ditch will be used to "deliver water to all of the approximately 40 water users now served by the Ditch...

"Undoubtedly, (Cyrus) could not now rescind the 1940 Agreement and 'take back' the ditch, but whatever incidents of ownership which were not lost to SCID by operation of the 1940 Agreement remain vested in plaintiffs..." Tiktin wrote.

Thalacker says this means that SCID will not have to remove pipe that has been installed in the ditch to reduce water loss. SCID still has the right for this type of improvement, he says.

Much of the saved water will be returned to Squaw Creek.

Cyrus said his family intends to follow through with mediation agreements that allow the pipe already in the ground to remain.

However, Cyrus said they do intend to review their rights to the irrigation ditch above the reservoir.