DUNCAN ADAMS
A federal judge ruled Oct. 3 that the end of irrigation season eliminated the need for a preliminary injunction tied to litigation alleging impacts to bull trout from the West Side Ditch diversion on the Clark Fork River.
But the ruling made it clear that aspects of the plaintiffs’ case, alleging irrigation-related threats to the imperiled bull trout, have merit. The bull trout is a threatened species under the federal Endangered Species Act.
“The Court expects to resolve this matter before the start of the 2026 irrigation season,” wrote U.S. District Court Judge Brian Morris.
A preliminary injunction is an order of the court to preserve the status quo until a trial or summary judgment.
On Sept. 17, Morris ordered the temporary shutdown of the diversion, a high-volume irr