INSTREAM
Spring ‘14 Newsletter
Photo of John Day River by Larry Olsen.
Stream of Consciousness:
You Are Saving the World,
One Small Stream at a Time
By John DeVoe, Executive Director
You love big western rivers. Oregon has some
of the best out there – the Deschutes, the John
Day, the Rogue, the Umpqua. Your investment
in WaterWatch protects and restores streamflows on many
of these big iconic rivers for fish, wildlife and the people, like
you, who care deeply about the health of these rivers. But,
as you know, small streams are essential too. Small streams
comprise most of the stream mileage in Oregon. Small
streams provide critical habitat for the salmon and steelhead
that spawn in tributaries and many other species of fish, birds,
plants, and insects. Inland, these small streams can provide
genetic reservoirs for bull trout, Lahontan cutthroat trout, and
many other species. Smaller streams provide a gentle place
to explore with children, a place to teach a young one to fish
or to skip stones. Small streams have a beauty and delight
all their own, perhaps not always as majestic as the lower
(Continued on page 2)
What’s Inside
Is This Legal?................................................. 3
Two of Oregon’s Top Salmon Barriers
to Come Down............................................... 4
Water Briefs from Around the State................ 4
WaterWatch Launches
Ambassador Program.................................... 6
2014 Oregon Legislature................................ 8
Victory for McKenzie River............................. 9
WaterWatch Welcomes................................. 10
WaterWatch in the Community...................... 10
Support WaterWatch!................................... 11
12th Annual Celebration of Oregon Rivers...... 12
Small streams like Drift Creek provide critical habitat for the salmon, steelhead, and many other species. Photo by Joyce Sherman.
(Stream of Consciousness: You Are Saving the World...Continued from page 1)
Deschutes River or the Wild and Scenic Rogue – though
Joseph Creek might beg to differ – but instead intimate
and welcoming in scale. The charms of small streams can
often be easily approached. These streams are important
and they deserve our best efforts. You are saving the world
one small stream at a time by supporting WaterWatch.
A sampling of the small stream success stories
made possible by your investment in WaterWatch
includes the following:
In the John Day Basin, your support stopped dozens of illconceived dam projects on Thirtymile Creek, retired water
rights in the Rock Creek area, and created tools that help
restore streamflows on small streams across the basin.
In the Umatilla Basin, on Mill Creek, a relatively pristine
stronghold for bull trout, you protected higher flow events,
secured water for streamflows in the dry summer months,
and safeguarded the uppermost reaches by moving a large
2 « WaterWatch of Oregon
point of diversion for a city from the headwaters area to a
location seventeen miles downstream.
In the Rogue Basin, you helped notch a never-completed
dam on Elk Creek and you are supporting projects to
remove two of the highest priority fish passage barriers
in Oregon on Evans Creek. This project will provide
unimpeded access to 70 miles of high quality small stream
habitat for migratory and resident fish. Your investment
also protected and restored streamflows on Big Butte Creek
and supports ongoing water conservation and efficiency
projects that could help restore streamflows and water
quality on Little Butte Creek. You made sure that the Little
Applegate will always flow, even in times of drought, by
supporting transactions to acquire the most senior water
rights on the stream for instream use. You have also helped
stop, to date, the degradation of Grave Creek by a large
proposed mining project. Grave Creek marks the put-in
(Continued on page 3)
Stream of Consciousness: You Are Saving the World...
Continued from page 2)
for boaters on the world-famous whitewater
run and federally-designated Wild section of
the Wild and Scenic lower mainstem Rogue,
as well as the eastern trailhead of the Lower
Rogue River Trail.
In the Deschutes Basin, your support has
helped restore streamflows on Wychus
Creek, Bear Creek, and Spring Creek, among
others.
In southeastern Oregon you have protected
Home, Threemile, and Whitehorse creeks
from excessive water development. These
streams are important for imperiled desert
fish and other species.
On the Oregon coast, you have supported
projects that have protected and restored
streamflows for Horn Creek, Drift Creek, and
many, many small coastal streams through
WaterWatch’s administrative challenges to
damaging water development proposals
and other work on coastal basin plans that
affect water use from these streams.
Is This Legal?
Can a person legally dig a ten-foot by twenty-foot trench four feet
deep directly into a seasonal streambed on public land to access
water for mining? WaterWatch is working to make sure the answer
is “no.” Unfortunately, the Bureau of Land Management allowed
it. Oregon Department of Geology and Mining will not regulate
because the mining operation is too small. Oregon Department of
State Lands says it cannot regulate because it lacks jurisdiction
over the stream. The Water Resources Department issued an
order stating that this is an exempt groundwater well not needing
any kind of water permit.
In December, WaterWatch challenged the Department’s order in
Marion County Circuit Court. The case is currently being litigated.
Stay tuned for the answer.
This should be illegal. Spring Creek photo from Water
Resources Department file, LL-1443.
Across Oregon, your support has resulted in
hundreds of instream water rights on small
streams. Many more instream water rights
for small streams are now in the works.
You made these extraordinary results
possible. Yet, small streams across Oregon
remain under attack from ongoing efforts
to drain, dam, and otherwise degrade
these critical waterways. The challenge
of protecting and restoring small streams
across Oregon is a good fight that’s worth
winning. To paraphrase Thoreau and Aldo
Leopold, “In the protection and restoration
of small streams is the preservation of the
world.” Thank you for your vision and
support. Let’s continue to save the
world one small stream at a time.
WaterWatch of Oregon » 3
Two of Oregon’s Top Salmon
Barriers to Come Down
In a major development for the Rogue Basin’s prized salmon and
steelhead runs, WaterWatch has succeeded in securing removal
agreements for Fielder and Wimer dams on Evans Creek. An
important spawning tributary of the Rogue River, Evans Creek
supports fall chinook salmon, coho salmon, summer and winter
steelhead, cutthroat trout,
suckers, and lamprey. Above
these dams, approximately
nineteen miles of habitat
is available for fall chinook
production, sixty miles for
coho salmon production,
and seventy miles for
steelhead production.
Both state and federal
agencies have identified
Evans Creek, and restoring
access to high quality fish
habitat in its upper reaches,
as important to the recovery
of southern Oregon coho
salmon. Just last year,
Oregon Department of Fish
and Wildlife (ODFW) officials
ranked these two dams among the top ten most significant fish
barriers on Oregon’s 2013 Statewide Fish Passage Priority List.
Fielder and Wimer are the only fish barriers from the state’s top
ten list currently slated for removal.
WaterWatch is now working in partnership with ODFW, Geos
Institute, American Rivers, River Design Group, and others to
secure funding to remove these dams.
Let’s keep up the momentum! Please help us move this
worthy project forward by sending letters to Tom Byler, OWEB
Executive Director via email at [email protected]
or regular mail at 775 Summer Street NE, Suite 360, Salem,
OR 97301-1290. Tell OWEB you support the Fielder and Wimer
dam removals project on Evans Creek and urge their approval of
WaterWatch’s grant request. Please send your comments
before April 29th!
4 « WaterWatch of Oregon
Water Briefs from
Around the State
WaterWatch Wins for Imperiled
Fish and Responsible Water Use
In December 2013, the Oregon Court of Appeals
ruled that cities cannot game the system to evade
state protections for imperiled fish or basic water
conservation planning measures. WaterWatch v.
OWRD et al, 259 Or App 717 (2013). The opinion
shuts down a loophole advocated by the Oregon
Water Resources Department (OWRD) and the
City of Cottage Grove whereby Cottage Grove
sought to avoid implementing these important
public interest protections when it continued to
develop water while ignoring certain conditions of
its permit.
At issue is a City of Cottage Grove water permit
not developed by its 1999 development deadline.
Instead of applying to the Water Resources
Department for more time, triggering statutory
requirements that it consider imperiled fish and
implement basic water conservation measures,
Cottage Grove let its permit lapse for nine years
before applying for more time. After requesting that
Oregon stop processing its request for more time,
the City then diverted the full permitted amount of
water for just under six hours – taking the position
that this maneuver successfully circumvented
the fish and water conservation requirements.
OWRD agreed, triggering WaterWatch’s protest.
The Court of Appeals ruled that cities cannot
game the system this way. The opinion also ruled
in WaterWatch’s favor on another legal issue,
rejecting the claim that WaterWatch’s case could
not be heard because the agency issued a second
order that it never served on WaterWatch.
The City has petitioned the Oregon Supreme Court
for review of the opinion. Stay posted for further
developments.
(Continued on page 5)
(Water Briefs...Continued from page 4)
State Denies Temporary Water Right for
Grave Creek Mining Operation, Again
For the second time, the Water Resources Department
has denied a request for a temporary water right for
an aggregate mining operation on Grave Creek, an
important tributary to the Wild and Scenic Rogue River.
Grave Creek supports imperiled fish species, including
Southern Oregon/Northern California Coast coho listed as
Threatened under the Endangered Species
Act. The temporary rights sought are part
of a sequence of applications attempting
to supply a controversial mining operation
in southern Oregon. Proponents also have
submitted a groundwater right application
and four reservoir applications. The state
has indicated that it is unlikely it will grant
the groundwater right, so the mining
company then applied for reservoir
rights. In light of the latest ruling, the
applicant has requested that the reservoir
applications be put on hold. They have also requested
that Oregon reconsider the denial of the limited license.
WaterWatch is actively opposing all these applications.
Klamath Enters Record Drought Year
Without Basin-Wide Solutions
This March, as the Klamath Basin’s snowpack reached
record-breaking lows, The Klamath Tribes and local
irrigators announced an agreement to reduce upper
Klamath Basin irrigation water demand by 30,000 acrefeet. Although this is a welcome step in the right direction,
it is nowhere near enough to solve the profound water
imbalance impacting the entire Klamath Basin.
Joining this new agreement with the controversial and
costly Klamath Basin Restoration Agreement (KBRA) – as
Oregon’s U.S. Senators Ron Wyden and Jeff Merkley have
proposed – would unfortunately erase its much-needed
gains for fish and wildlife downstream. That’s because the
KBRA doubles down on the bad policy that created the
Klamath’s water crisis – promising far more water than is
available in many years.
WaterWatch – a member of the Klamath Basin Task Force
– has urged Senators Wyden and Merkley to include
additional water demand reduction in any federal legislation
related to these agreements, including some downsizing of
the Klamath Irrigation Project and the voluntary retirement
of other water rights throughout the basin.
Senate Holds Hearing on Comprehensive
Crooked River Pact
In a positive step forward for the
Crooked River, the U.S. Senate
Committee on Energy and Natural
Resources’ Subcommittee on
Water and Power held a hearing
on February 27th for the Crooked
River
Collaborative
Water
Security Act of 2013 (S. 1771).
This bill is the result of years of
negotiations, spearheaded by
the Oregon’s U.S. Senators Jeff
Merkley and Ron Wyden, which
included the Warm Springs Tribes, the State of Oregon,
the City of Prineville, local irrigation districts, WaterWatch,
and other conservation groups. In November of 2013,
Senators Merkley and Wyden re-introduced the Act
after an earlier version stalled in the previous session of
Congress.
Passage of S. 1771 would mark the end of nearly forty
years of fighting over the unallocated water behind
Bowman Dam. In a situation nearly unheard of in the
water-parched Western U.S., Prineville Reservoir behind
Bowman Dam holds approximately 80,000 acre-feet of
water that has not been allotted to any particular use. This
situation presents an extraordinary opportunity to release
the unallocated stored water to restore flows to the river
and its economically important fishery without taking
water away from existing irrigation districts or impeding
growth opportunities for the City of Prineville. The vision
provided by this groundbreaking legislation could not only
help save the Crooked River, its prized redband trout, and
its newly reintroduced steelhead – it could also make a
major contribution to the region’s economy. WaterWatch
is working to help make S. 1771 into law.
WaterWatch of Oregon » 5
WaterWatch’s mission is to protect and restore flows
in Oregon’s waterways to sustain the native fish,
wildlife, and people who depend on healthy rivers.
Portland Office
213 SW Ash St., Suite 208
Portland, OR 97204
T: (503) 295-4039
Southern Oregon Office
P.O. Box 261
Ashland, OR 97520
T: (541) 708-0731
Staff
»» Lisa Brown
Staff Attorney
»» John DeVoe
Executive Director
»» Jim McCarthy
Communication Director
& Southern Oregon
Program Manager
»» Nancy Drinnon
Comptroller
»» Kimberley Priestley
Senior Policy Analyst
»» Nate Koenigsknecht
Ambassador Program
Coordinator
»» Molly Whitney
Individual Gifts &
Events Manager
»» Jonathan Manton
Contract Lobbyist
Board of Directors
»» Lynn Palensky
President
»» Gary Hibler
Vice President
»» Mary Lou Soscia
Secretary
»» Jeff Curtis
Treasurer
»» Karl Anuta
»» Matt Deniston
»» Jeff DeVore
»» Jean Edwards
»» Paul Franklin
»» Bob Hunter
»» Gary Shelton
»» Jeff Perin
»» Bryan Sohl
»» Peter Paquet
WaterWatch of Oregon publishes Instream
three times annually.
Jim McCarthy, Editor
6 « WaterWatch of Oregon
WaterWatch Launches
Ambassador Program
This spring, WaterWatch launched its new Ambassador Program
to increase and enhance our collaboration with fishing guides and
outfitters for the benefit of Oregon’s incredible rivers, streams, and
fish. We’re pleased to announce that respected fly fishing guide
and river advocate Nate Koenigsknecht has joined our team as
Ambassador Program Coordinator.
Prior to joining WaterWatch, Nate both worked for and consulted
for fly fishing equipment manufacturers and fly shops. He currently
operates a fly fishing guide business, providing a quality experience
while striving to educate anglers on the importance of natural
stream flows and science-based management policy. Nate has
donated numerous trips to WaterWatch supporters, appeared
in fish conservation documentaries, and actively advocates for
healthy Oregon rivers.
Nate recently chatted about his background and the Ambassador
Program with our newsletter editor, Jim McCarthy:
Q: What’s your fishing background? How did you get
into fly fishing, how long have you been a fishing guide,
where have you worked the most?
I’ve been fishing since my grandfather put a rod in my hand at age
three. I attribute my love of flowing water to those early experiences
with him. When I was ten I decided that I was going to be a
professional fisherman when I grew up. After college I made that
goal happen, and I’ve been a guide and casting instructor for ten
years now. I guide the Oregon coast in the winter, the Clackamas
River in the spring and summer, and the Deschutes River in the fall.
Q: Do you have a favorite river?
The Siletz and the Deschutes both hold a special meaning for me.
They’re wildly different streams, but they’re both flagship examples
of what a river can be and what it can endure.
Q: Care to share a favorite fishing story?
I was guiding a camp trip on the Deschutes River several years
ago with two anglers. This was a four-day trip over thirty miles
of Wild and Scenic river, with stops to camp along the way. On
the evening of the second day my client started looking at his
(Continued on page 7)
(WaterWatch Launches Ambassador Program ...Continued from page 6)
watch every five minutes, as if he was counting down to
something. At 5:01 pm he checked the time, looked at me,
and said, “Nate, this is the first time in twenty-two years
that I’ve not contacted my office at least once in a fortyeight hour period, and I owe it to this river and to these
fish.” He’s been back every year since, and become a
staunch advocate for water and fish conservation. The trip
changed him, and gave me even
more appreciation for the power
of rivers.
Q: How did you come to get
involved with WaterWatch?
I caught my first steelhead in
Oregon from the Siletz River in the
central coast range. The Siletz is
a beautiful, wild river, and unique
on the coast for its populations
of wild summer steelhead and
spring chinook. In 2008, Polk County proposed a huge,
new dam on the South Fork Siletz, a dam that would have
inundated twenty miles of the primary spawning grounds
for wild summer steelhead and spring chinook. I began to
write letters and get involved in fighting the impoundment,
but the bulk of the credit for stopping the dam goes to
WaterWatch. I began to read more about WaterWatch and
water rights in the state, and realized that it will be the
defining river and fish conservation issue of my lifetime.
I began to donate guide trips and money to WaterWatch,
and began talking to my clients about the importance of
water law in the state. A river is nothing without water, a
fish is nothing without rivers, and a guy like me is nothing
without fish.
Q: What is this new WaterWatch Ambassador
Program?
The WaterWatch Ambassador Program is a partnership
between WaterWatch, fishing guides and river conservation
advocates. Fishing guides are in the business because
we love the rivers and the fish, and the Ambassador
Program gives a structure to that passion, encouraging
guides to be vocal advocates for natural river flows and
water conservation. A WaterWatch Ambassador works to
connect people with WaterWatch as an organization, and
encourages those people to be involved and committed
to maintaining healthy stream flows in Oregon rivers.
Ambassadors will donate trips to the annual auction and
Celebration of Oregon Rivers, and will encourage their
clients to support WaterWatch.
Q: How can folks get
involved?
First and foremost, check the
WaterWatch website regularly
and support the organization
in any way you can. Rivers
need water, and WaterWatch
makes that happen, but
WaterWatch
needs
your
support and endorsement
to make their work possible.
The Ambassador Program is
working to put together a team of fishing guides to be
WaterWatch Ambassadors. If you’re a guide who would
like to be involved, or an angler who knows a passionate
guide, please contact me and let’s start a conversation.
Please contact Nate Koenigsknecht, our Ambassador
Program Coordinator, at either [email protected] or
541.602.2927.
Connect with WaterWatch
on the Web!
Learn more about our work, become a member, or sign
up for RiverAction Alerts at waterwatch.org.
“Like” Us on Facebook!
WaterWatch is on Twitter, follow
us @WaterWatchofOR
WaterWatch of Oregon » 7
2014 Oregon Legislature Short Session Ends
With a Whimper
out of committee. Existing law – passed in 2013 under SB
838 – provides immediate protections for Oregon rivers
by capping the number of suction dredge permits issued
by the Department of State Lands in 2013 and 2014.
For these two years, the law also includes restrictions
against leaving suction dredges unattended and against
using suction dredges within 500 feet of each other. The
law directs a Governor-appointed work group to make
recommendations to the 2015 Legislature for long-term
protections. WaterWatch is a member of this work group.
If the work group cannot
Some bills of note
agree on recommendations,
include:
the law will impose a fiveyear moratorium on suction
An identical trio of bills – SB
dredging in waterways with
1572, HB 4044, and HB 4064
Essential Salmon Habitat
– would have undermined long
as well as their tributaries,
standing legal and scientific
effective January 1, 2016.
standards relating to groundwater
This moratorium would
permitting and regulation. The
WaterWatch is working to protect streams from
protect
some
eightybills would have made it difficult,
the impacts of suction dredge mining.
five percent of Oregon
if not impossible, to manage
waterways. This session,
groundwater to protect senior
water right holders, whether they be farmers, cities, or fish a compromise effort regarding allowances for the 2014
mining season ultimately failed to gain traction, and SB
and wildlife. None of these three bills made it out of the
838 remains the law.
original chamber of origin.
The Oregon Legislature’s 2014 short session, limited to
35 days, proved once again that politicians should not
attempt large-scale policy changes within short time
windows. With over three hundred bills to consider and
move out of the original chamber of origin within two
weeks, the initial pace was nothing short of frenetic.
However, when it came to water bills legislators chose not
to move several highly controversial bills, with nearly all
dying in the first chamber of origin.
SB 1578 and HB 4153, two industrial siting bills that
sought to undermine longstanding Oregon land use laws
for industrial development in areas of high unemployment,
would have also undermined state water right permitting
standards. These bills would have required the Water
Resources Department to issue water rights for the
construction and operation of industrial projects in
areas of high unemployment, regardless of the effect on
Oregon’s rivers and other water right holders. Fortunately,
the Senate eventually removed all the damaging water
provisions and the bill died in the House.
SB 1585, a bill that sought some changes to the suction
dredge mining reform achieved in 2013, did not make it
HB 4015 put into statute Governor Kitzhaber’s Regional
Solutions Program, which works to promote economic
and community development around the state. Under
the original bill, HB 4015 established regional advisory
committees in eleven regional centers around the state.
These regional advisory committees, made up largely
of business and elected officials, were directed to set
regional priorities. Under the original bill, once set, these
priorities dictate not only the funding priorities of all state
agencies – including natural resource agencies – but also
influence agency priorities and workload, regardless of
individual agency missions. The bill did not provide for
any opportunity for public notice and comment in the
setting of these priorities, even though regional priorities
(Continued on page 9)
8 « WaterWatch of Oregon
Victory for McKenzie River
On March 7, 2014, the Water Resources Department
issued a final order denying the Willamette Water
Company’s controversial application for a permit to
withdraw 34 cubic feet per second (22 million gallons
per day) from the McKenzie River. The state’s decision
follows the recommendation issued by an administrative
law judge in April of 2012.
The company’s application
proposed to lock up a
large amount of McKenzie
River water, but failed to
identify
any
committed
customers, failed to show
plans for necessary water
infrastructure, and still lacks
the needed land use approvals
for developing the water
project. The applicant also
challenged the fish protection
conditions recommended by
the Department of Fish and
Wildlife and proposed by the
Water Resources Department.
a speculative use for more water than the Company
could establish it could put to actual beneficial use” as
required by law. He found that granting the permit would
impair or be detrimental to the public interest and that
the permit application should be denied. The state has
now agreed with the judge – and with WaterWatch – and
denied the permit.
The McKenzie River is prized by fishermen, boaters, and nature enthusiasts from around
the world. Photo by Chris Daughters of The Caddis Fly Shop.
WaterWatch protested the Department’s approval of
the application in 2010, on grounds that the proposed
use did not conform to state requirements and that the
applicant showed no need for the water. The judge stated
in the April 2012 order that the “[a]pplication proposes
It is unclear whether the company will appeal this
decision to the Oregon Court of Appeals, but if it does,
WaterWatch will continue to advocate for streamflows
on the McKenzie River.
(2014 Oregon Legislature Short Session...Continued from page 8)
could affect statewide lands, air, and waters. WaterWatch
helped to negotiate amendments that inserted a public
notice and comment opportunity into the setting of
regional priorities, backed the natural resource agencies
out of the bill’s funding directives, deleted language that
would have allowed regional priorities to dictate natural
resource agency workload and priorities, and deleted
provisions that could have led to local control of natural
resource agency functions. While we opposed the original
bill, we were able to support the amendments that would
change the structure of the existing program to be more
transparent and inclusive to all Oregonians.
While the 2014 session ended well for Oregon’s rivers,
this year’s sampling of bills illustrates the ongoing push
to undermine natural resource protections that benefit all
Oregonians. We anticipate this tension will bring a number
of controversial bills in the future that seek to undermine
existing protections for our beloved rivers and streams, so
stay tuned.
WaterWatch of Oregon » 9
Sign Up for
RiverAction!
Grassroots support and public
participation are essential to reforming
the antiquated laws and policies that
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it without you!
If you don’t yet receive RiverAction
Alerts and would like to join in the
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Thanks!
WaterWatch Welcomes…
New Board Member Jeff Perin
Jeff Perin recently joined the
WaterWatch Board. Jeff is the owner
of the Fly Fisher’s Place in Sisters,
Oregon. He has been working in fly
fishing shops and guiding since 1986,
when he started at the Fly Box in Bend.
Besides being located in one the best parts of Oregon for casting a
fly, Jeff has been fortunate enough to travel extensively while fishing
and has learned first-hand about the water issues facing the river
systems, fisheries, and river-dependent communities around the
world. Welcome Jeff!
WaterWatch In the Community
»» WaterWatch testified
before multiple
committees during
Oregon’s 2014 legislative
session.
»» WaterWatch staffed
a booth at the 2014
Northwest Fly Tyer and
Fly Fishing Expo.
»» WaterWatch staff
»» WaterWatch presented
on Klamath Basin
water issues at the
January meeting of the
Professional Engineers
of Oregon’s Rogue Valley
Chapter.
»» WaterWatch spoke about
our Rogue Basin dam
removal efforts at the
Rogue Flyfisher’s February
meeting.
10 « WaterWatch of Oregon
presented on panels
regarding dam removal,
methods to protect and
restore streamflows
in Western rivers, the
Klamath River Basin
adjudication, and water
supplies for the Klamath
Basin National Wildlife
Refuges at the University
of Oregon School of
Law’s 2014 Public Interest
Environmental Law
Conference.
Do you appreciate WaterWatch’s work? Please donate now!
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WaterWatch of Oregon » 11
WaterWatch of Oregon
213 SW Ash Street, Suite 208
Portland, OR 97204
Printed on 100% post-consumer fiber
12th Annual Celebration of Oregon Rivers
Save the Date!
Saturday, November 8, 2014
New Location!
Tiffany Center
1410 SW Morrison Street
Portland, Oregon
More Information
Coming Soon!
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12 « WaterWatch of Oregon