King

United States v. King

Good Law
660 F.3d 1071·2011 WL 4537801·2011 U.S. App. LEXIS 20020
United States Court of Appeals for the Ninth CircuitOctober 3, 201109-30442California4,958 words

Opinion

Opinion

Fletcher, J.

Defendant-Appellant Cory King was convicted after a three-day jury trial of four counts of injecting fluids into deep wells without a permit, in violation of the Safe Drinking Water Act, 42 U.S.C. § BOOh — 2(b)(2). He was also convicted of one count of making a “materially false” statement in a “matter within the jurisdiction” of the United States, in violation of 18 U.S.C. § 1001 (a)(2). King timely appealed. We affirm.

I. Background

At all times relevant to this appeal, King was the manager of a large farming and cattle operation in southern Idaho, Double C Farms Partnership (“Double C”). Double C’s facilities include about 11,500 acres of cropland irrigated by a system of wells and pivots (a type of agricultural sprinkler), and a segregated 25-acre cattle feedlot containing between 15,000 and 20,-000 head of cattle.

In January 1987, King applied to the Idaho Department of Water Resources for a permit to inject “winter runoff from Willow Creek,” a creek that passes through the Double C facilities, into a 500-foot well between November and April. The purpose was “to inject this water in winter so that it can be pumped out in summer.” The application stated that…

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