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Clean water violation brings fine

| April 17, 2010 9:00 PM

TWIN FALLS (AP) - A central Idaho man who pleaded guilty to a misdemeanor violation of the Clean Water Act has been fined $5,000 and must serve 100 hours of community service.

Federal prosecutors announced Thursday that 57-year-old John Shaw of Hailey will also serve two years of probation after pleading guilty to one count of negligently discharging a pollutant into a river.

Prosecutors said Shaw failed to get a permit for work he did below the high-water mark of the Snake River at a duck-hunting club he owns behind Lower Salmon Dam.

Prosecutors say that in 2008, Shaw cut into the river bank and installed rock walls to prevent erosion along 2,000 feet of river bank adjoining the Hagerman Wings Farm.

Shaw's attorney, J. Michael Wheiler of Idaho Falls, had argued that Shaw didn't believe he needed a permit. Prosecutors disagreed.

"(Shaw) had been forewarned on at least a couple occasions not to do what he did without a permit," U.S. Assistant Attorney George Breitsameter said.

He said prosecutors settled for the negligence charge because Shaw later cooperated in restoring the river.

The rehabilitation work includes planting willows and other plants, and monitoring the site for up to five years.

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