U.S. District Judge Karin J. Immergut, left
The first of three lawsuits filed against Winchester Water Control District, the owners of Winchester Dam, completed its bench trial in Federal Court in Portland on Monday, April 21, 2025.
The legal bills for this litigation will cost hundreds of thousands of dollars which must be paid collectively by the approximately 100 members of the Winchester Water Control District —the homeowners who live around the private water ski lake behind the Winchester Dam.
The Federal Endangered Species Act case, filed against the Winchester Water Control District in the U.S. District Court in Portland, on November 6, 2020, on behalf of endangered Coho salmon by plaintiffs WaterWatch of Oregon, Steamboaters, the Pacific Coast Federation of Fishermen’s Association, Institute for Fisheries Resources, Craig Law Center, and attorney Karl G. Anuta, was the first case to be heard.
As is his usual strategy Dominic Carollo, the attorney representing the Winchester Water Control District, has made numerous motions to delay this trial. A total of sixteen months of delay were granted by the Judges, as well as a protective order requested by the Winchester Water Control District against the plaintiffs.
After the Winchester Water Control District requested the case be dismissed, it took another eight months for Judge Immergut to decide whether the case should proceed.
When the WWCD requested all plaintiff expert witness testimony be excluded from the case, it took a few months for Judge Immergut to deny Winchester Water Control District’s motion and decide to allow expert witness testimony.
When National Oceanic and Atmospheric Administration completed its National Marine Fisheries Service (NMFS) biological opinion of the 2023 Winchester Dam reconstruction, the Winchester Water Control District emailed the 69-page report to the Army Corp of Engineers—but refused to provide the Plaintiffs with a copy, claiming it was “unduly burdensome.”
It took six weeks for Judge Immergut to order the Winchester Water Control District to provide the plaintiffs with a copy of the NMFS.
When post-trial briefings are completed, U.S. District Court Judge Karin J. Immergut is expected to announce her rulings on this case sometime this summer.
The details and schedule of this trial are posted at the end of this article.
The $27.6 million lawsuit filed by the Oregon Department of Justice on behalf of the Oregon Department of Fish and Wildlife (ODFW) and the Oregon Fish and Wildlife Commission on October 7, 2023, names defendants Winchester Water Control District, Ryan Beckley’s TerraFirma Foundation Repair, Inc., and Dowl, LLC.
This lawsuit stems from the unprecedented fish kill of some 550,000 Pacific lamprey—seven generations of this wild, migratory native fish during August 2023 “repairs” of the Winchester Dam. No individual judge has been assigned to the case as yet. Hearings are ongoing and no trial date has been set.
The $134,378 lawsuit against Winchester Water Control District and Ryan Beckley’s TerraFirma Foundation Repair, Inc., filed on October 26, 2023, by the Oregon Department of Environmental Quality for permit violations during the August 2023 “repairs” of the Winchester Dam was originally scheduled for a hearing in early April 2025, but has been delayed until October 2025 at request of the Winchester Water Control District.
and owner of TerraFirma Foundation Systems—up to his neck in lawsuits.
THE FEDERAL ENDANGERED SPECIS ACT CASE CHRONOLOGY:
11/6/20 – U.S. Federal Case filed in Portland District Court by WaterWatch of Oregon; Pacific Coast Federation of Fishermen’s Associations; Institute for Fisheries Resources; Steamboaters (Plaintiffs) versus Winchester Water Control District (Defendants).
11/9/20 – Case assigned to Judge Karin J. Immergut, who has served as a United States district judge of the United States District Court for the District of Oregon since her appointment by President Donald Trump in 2019. A long time Democrat, Immergut changed parties and registered as Republican in 2003. Prior to serving as District Court Judge, Immergut was appointed by Governor Ted Kulongoski in July 2009 to serve as Multnomah County Circuit Court Judge.
1/29/21 – Winchester Water Control District (WWCD) filed a motion that case should be dismissed because only ODFW and OWRD have jurisdiction and are the only ones who can pursue legal remedies over issues identified in the complaint.
3/8/21 – Plaintiff’s response to motion to dismiss the case.
4/6/21 – Motion by WWCD to strike testimony of Christopher A. Frissell, a fisheries expert.
9/22/21 – Judge denies motion by WWCD to dismiss case.
11/19/21 – WWCD files “motion to stay” to pause the case while WWCD was applying for permits to repair Winchester Dam.
1/12/22 – Judge granted WWCD motion to stay to stop court proceedings until 11/1/22 while WWCD is repairing Winchester Dam.
6/27/22 – WWCD requests extension to the stay beyond 11/1/22 to complete National Marine Fisheries Service (NMFS) biological opinion.
8/25/22 – Judge granted extension to WWCD motion to stay to stop court proceedings until 5/1/23 to allow for the completion of the NMFS biological opinion.
11/29/22 – Plaintiff motions for court to have WWCD supply Plaintiffs with a copy of the NMFS biological opinion. WWCD claims the motion is “unduly burdensome.”
12/28/22 – Judge ordered WWCD to explain by 1/6/23 whether it is accurate that Defendant submitted its Biological Assessment to the U.S. Army Corps of Engineers electronically and why would it be unduly burdensome to share that same information with Plaintiffs.
1/12/23 – WWCD was ordered by Judge to provide Plaintiffs with a copy of the NMFS Biological Assessment WWCD submitted to the Army Corps of Engineers.
9/15/23 – Plaintiffs submit amended complaint to the court.
1/11/24 – Pretrial Conference was set for 10/31/2024.
3/22/24 – WWCD files motion for protective order against the plaintiffs.
3/25/24 – Judge granted WWCD motion for protective order against the plaintiffs.
4//12/24 – Judge orders court Trial (5 days) set to commence November 12, 2024. in Courtroom 13A.
7/15/24 – WWCD filed motion to exclude Plaintiff’s expert testimony from the trial.
7/29/24 – Plaintiffs filed motion to limit trial expert testimony from Dave Loomis, a fisheries expert.
8/27/24 – Judge orders Court Trial (5 days) date changed to commence April 21, 2025, in Courtroom 13A.
2/20/25 – Judge denied WWCD motion to exclude Plaintiff’s expert testimony from trial. Judge granted Plaintiff’s motion to limit trial testimony from Dave Loomis.
3/11/25 – Judge ordered WWCD stored water right and the National Historic Preservation Act issues to be separated from the trial and reviewed after the trial.
3/19/25 – Both sides requested rulings on pre-trial motions on documents, expert testimony and possible inadmissible evidence. WWCD made motion to exclude evidence concerning the water storage capacity of the Winchester Dam reservoir and the storage allowed under WWCD’s water right. WWCD made second motion to limit evidence Concerning Non-Coho Anadromous Fish.
4/9/25 – Pre-trial conference. Janette Brimmer, Molly Tack-Hooper, Charisa Gowen-Takahashi, and Noelia Gravotta present as counsel for Plaintiffs. Dominic M. Carollo and Nolan Smith present as counsel for WWCD.
4/14/25 – Judge ruled on all pretrial motions.
4/21/25 – First day of bench trial. A bench trial is where a judge acts as the sole fact-finder, meaning she decides both the applicable law and the facts of the case. Unlike a jury trial, which involves a group of citizens determining the verdict, a bench trial relies entirely on the judge’s interpretation of evidence and testimony. Opening Statements were made. Witnesses were called, sworn, and testified. Exhibits where offered and received. Trial was continued to 4/22/2025 in Portland Courtroom 13A.
4/22/25 – Second day of bench trial. Witnesses were called, sworn, and testified. Exhibits were offered and received. Trial was continued to 4/23/2025 in Portland Courtroom 13A.
4/23/25 – Third Day of Bench Trial. Witnesses were called, sworn, and testified. Exhibits were offered and received. Plaintiffs rested their case. The Judge declined to rule on WWCD motion to dismiss the case. Trial was continued to 4/24/2025 in Portland Courtroom 13A.
4/24/25 – Fourth Day of Bench Trial. Witnesses were called, sworn, and testified. Exhibits offered and received. Defendant rested their case. Trial was continued to 4/25/2025 in Portland Courtroom 13A.
4/25/25 – Fifth Day of Bench Trial. Closing arguments were made. Both parties were ordered to submit one joint document listing agreed facts, as well as proposed findings of fact (which may incorporate the joint filing) and conclusions of law. This submission is due two weeks after trial transcripts are prepared and delivered to the parties.
The trial portion of this case concluded 4/25/23. All factual issues have been resolved. Because it was a bench trial, the case now enters into post-trial briefings stage where the Judge requests written clarification from both sides on complex legal issues in the case from which she will decide.
Post trial briefings are expected to last until the end of June.
Judge Immergut’s final case ruling is expected this summer.
