Elizabeth Dole v. West Extension Irrigation District

West End Irrigation District appeals from a summary judgment in favor of the Secretary of Labor. At issue is the application of an exemption from the overtime provisions of the Fair Labor Standards Act for “any employee employed ... in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways ... used exclusively for supply and storing of water for agricultural purposes.” 29 U.S.C. § 213 (b)(12). The District contends that its ditch workers are within the exemption even though a small percentage of the water supplied by the ditches is used for non-agricultural purposes. We reject the contention and affirm the judgment of the district court.

FACTS

Since 1937, the District has provided non-potable water to 10,000 acres of land in Oregon. Initially, all of the land within the District’s boundaries was agricultural. Now, approximately three percent of the land, or about 300 acres, is commercial or residential. Under the law of Oregon, the District must continue to supply water to land within its boundaries even if the owners put the land to new uses. See e.g., Or.Rev.Stat. § 540.510. The District now supplies water to a sand and gravel pit, a trucking…