By now you probably know that the Arnold Irrigation Modernization Project has begun with tree marking and removal, drilling, and excavation in Phase 1 from Arnold Market Road to Corral Road.
This outcome is hugely disappointing but there are things that property owners can do to minimize the damage and possibly better prepare for any damages claim lawsuit that might be filed against Arnold Irrigation District (AID; the District) at a later date. Suing for damages is each property owner’s decision and SAC can’t predict the likelihood of success of such action, but we are conveying what we have learned about preparing for the process.
1. Document, document, document. Take video and photos NOW of your home, trees, structures, and property adjacent to, and including, the canal.
This might include photos of the interior and exterior walls of your home. If the canal is rocky enough and close enough, drilling or excavating might cause structural damage to your home.
Count your trees and measure them, and consider making a simple map. Some property owners have hired tree appraisers to make a current inventory and valuation of the trees on their property that could be removed. SAC can’t predict the effectiveness of this action.
Some property owners have had whole property appraisals done to document their status quo value in instances where they think the existing open canal has a positive effect on property values. Again, SAC can’t predict the effectiveness of this action.
2. AID claims a 50-foot right-of-way from the edge of the canal. You should know where this 50-foot dimension is on your property, but you might also measure from known points (and document) where the edge of the canal and the edge of the access road is now. Once construction begins, these landmarks may be less obvious.
If there is any mention on your deed documents of a specific AID easement dimension (some residents show a total easement of 40-50 feet centered on the centerline of the canal) you should measure this dimension at intervals along the canal where it crosses through your property. Knowing where this boundary is (and recording it with photos) may be useful at a later date if damage was done to the property outside this line.
If your property description includes references to the centerline of the Arnold Canal, insist to AID that these landmarks are replaced and able to be referenced on subsequent surveys of your property.
3. If your property is in Phase 1, DO schedule an appointment to meet with AID District Manager Steve Johnson (sjohnson@arnoldid.com) and piping contractor Taylor NW project manager Robert Gibbons (rgibbons@taylornw.com).
If you are in later phases, pay attention to any mailings from either AID or Taylor NW asking for you to schedule such a meeting. (At this point the contractor for later phases has not been determined).
Consider video or voice recording this meeting. Ask any questions you want answered and let them know your concerns about their project on your property. Express what you want them to do or not do on your property. Consider making the statement: “I do not consent to any of this work and never have”.
4. Do NOT sign any paperwork from AID, Taylor NW, or any other canal piping representative that implies that you consent to the construction work without proper time for review and possibly consulting with an attorney. In general, you should consider having an attorney review any official paperwork that the District or its contractors ask you to sign, before signing it.
5. Do not consent to having any construction equipment or materials stored on your property or provide access to any of the above beyond the known AID easement and right-of-way of the canal. If AID or its contractors utilize their alleged 50-foot dimension, document that use, showing where it exceeded the known boundary of the existing canal’s common use corridor.
AID and its contractors do not have a right to enter your property, aside from their access to it from the canal within its normal easement boundaries. They can be required to set up an appointment with you to enter your property from your driveway or street.
6. Communicate to AID or its contractors your preference for how to deal with felled trees. You may keep them on your property and request they be cut into logs for firewood. You can request that they remove all the tree debris from your property. If you do not want any of the wood kept on your property, you might consider asking neighbors if they want the wood prior to allowing AID’s tree removal contractor to take it, further increasing their profits.
7. For problems with illegal access gained to your property or unsafe activities on your property that you cannot resolve with direct contact with the District or Taylor NW, contact the Deschutes County Sheriff’s office at their non-emergency number: (541) 693-6911.
8. Save all your photos and videos—before and after piping construction—in a safe place. You can find out what’s happening in your neighborhood by visiting and posting to the Save Arnold Canal Facebook page: https://www.facebook.com/groups/530188284759514
When you post, please show restraint, and for a variety of reasons, reconsider aggressive comments and do not post violent comments that promote unlawful actions. Refer to the SAC Facebook Group Rules for guidance.
In the attempt to stop the destructive piping that has already begun, the Save Arnold Canal group incurred a substantial legal bill. Any donations to cover these costs are still welcome and can be made by using this link:
https://savearnoldcanal.org/home/donate-to-save-arnold-canal/
Thank you for your support.
Save Arnold Canal 