Water rights dispute forces Bi-Zi Farms to scale back crops, reshape festival planning

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At Bi-Zi Farms, family traditions run deep. For over 150 years, the Zimmerman family has operated the fields, adapting to the changes that have come with each generation. But a long-brewing dispute over water rights now threatens the farm's ability to keep its doors open in the same way locals have counted on for decades.

The Zimmerman family's farming history nearly came undone during the 1980s farm crisis, when Bi-Zi Farms almost folded after a collapse in grain prices. The Zimmermans have since shifted into direct market crops and seasonal events, which helped the farm survive.

My personal biggest frustration with the general perception of agriculture is that it's not profitable," Joe Zimmerman, Finance and Marketing Director for Bi-Zi Farms, said. "Those people who say that are right, it's not profitable in the way that your parents and your grandparents did agriculture. If you are willing to change and adapt … it can be."

However, in 2009, a new problem arose when Bi-Zi applied for a water rights permit, which, to this day, has yet to materialize.

In 2020, the state Department of Ecology ordered the farm to stop pumping beyond 5,000 gallons per day, a fraction of the amount the farm had historically used. Exceeding that limit can result in fines of up to $5,000 per day.

That restriction has changed what crops the farm can grow. Corn, green beans, cucumbers and winter squash have been cut from the fields. Even pumpkins — the symbol of Bi-Zi's most popular event — are now mostly trucked in from other local farms.

"We have not raised a single ear of sweet corn for ourselves in the last 3 years now," Zimmerman said. "We have to buy all of that and bring it in."

Zimmerman said the farm built its modern business model on irrigation, only to have the state reverse course.

"They led us to believe we could use water, and we were ultimately going to be issued a water right, and so we built this operation around using irrigation water," he said. "And then in 2020 they go 'stop.'"

The limitations have also narrowed the scope of the farm's festivals, which typically draw thousands of visitors each year. Currently, Bi-Zi farms grow significantly fewer pumpkins than in previous years, around 5-7 acres worth, according to Zimmerman.

"I remember in years past when we did grow 20 acres of pumpkins and we would drop people off at one corner … you'd look out there and there was a family at the far opposite corner looking for their perfect pumpkin," Zimmerman said. "Part of it was, they weren't looking for their perfect pumpkin; they were going for a walk in a pumpkin patch. I get it that people go, 'I can't do that when you're only gonna have a five-acre area of grass that you lay your pumpkins on.'"

Bi-Zi Farms' festival calendar

The Sunflower Festival's final weekend runs Sept. 5-7, from noon to 8 p.m. Guests can cut a sunflower to take home, ride a hay wagon, visit the petting zoo, and take photos in the fields.

"The Sunflower Festival for us is a really low-key time," Zimmerman said. "They can come, they can experience the petting zoo, they can see the farm while the farm is still in production, and then come out, stand among the sunflowers, and the big thing is to take their pretty Instagram pictures."

Visitors can still expect a spooky pumpkin patch at Bi-Zi Farms. Each paid entry includes a wagon ride to the pumpkin patch to pick the perfect pumpkin, one free pumpkin of any size, admission to the corn maze, two chances to test your aim at the pumpkin launchers, and one complimentary hot drink—coffee, spiced apple cider, or hot chocolate. Guests can also visit the farm animals and participate in children's activities, including the bale maze, corn play area, bale pyramid, pedal tractor driving, calf roping station, hippity-hop races, and corn shelling and grinding station. Live music is featured on Saturdays and Sundays, along with fresh-pressed apple cider sampling. Those interested in attending can register online at bi-zifarms.com. 

Looking ahead

Zimmerman said resolving the dispute is key to securing the farm's future. He points out that thousands of acre-feet of water rights in Clark County are listed as "active" but go unused. Meanwhile, Bi-Zi is seeking just 125 acre-feet to keep its fields productive.

"It says on the books right there, unused for 5 years reverts to the state for redistribution. And they go, 'yeah, we don't have a method for that.' Ultimately, I think our real solution is gonna be a legislative solution.

For now, the farm presses on — still hosting the festivals that have become Clark County staples, even if the crops behind them look a little different than they once did.