June 17, 2026
The Forest Service and Icicle Peshastin Irrigation District have finally started talking about the replacement dam on Eightmile Lake.
Following news on the front page of the Wenatchee World about their impasse, efforts began to bring the two groups together. During those efforts the Supervisor of the Okanogan-Wenatchee National Forest designated two staff members to engage in further discussions. Since then, they and the irrigation district have had several preliminary meetings. According to reports, their discussion has been over what process the irrigation district must follow to obtain Forest Service consent on the proposed dam.
The irrigation district has not publicly changed its view that it does not need a special use permit, but it has participated in these meetings. Until now, its stated position has been that the special warranty deed it gave the Forest Service in 1990 eliminates the need for any special use permit. The Forest Service position has been that a special use permit is required for activities not covered by that deed.
Under the 1990 special warranty deed the irrigation district reserved the right, among others, to modify its dam. It agreed that it would not, without prior written consent from the Forest Service, "materially increase the size or scope of the facilities." In view of the increased draw-down of the lake level proposed with the replacement dam, this language could become an issue. Beyond that is the legal question of whether the Forest Service could even consent to a material change of private rights within a wilderness area.
The ultimate goal would seem to be a special use permit, but no one has yet revealed what process the irrigation district will need to follow to obtain it.