Stan Sugarman of Lampa Lane is contesting a DSL order to restore a fish bearing stream and pay a $10,000 civil penalty for rerouting the stream without a permit more than a year ago. A two day hearing has been rescheduled for December and Sugarman has already lost his water rights for five years after failing to appear at a hearing in September. Moving the stream may have been done to spite downstream neighbors who were forced to drill new wells.

The reason this story is of interest is because the contractor who rerouted the stream is Jason Messerle of Messerle and Sons and reported to be the son of our appointed commissioner, Fred Messerle. The violation was reported to DSL, DEQ and the local sheriff as it was occurring and photographs were taken of Messerle equipment operating and filling in the original stream bed but the Oregon Department of Justice attorney handling the case for DSL confirms that Messerle is not named in the proposed order.

The order calls for an elaborate system to protect fish from silt and sediment during restoration of the stream. Most responsible contractors know better than to make radical alterations to fish bearing streams without a permit.