Water Quantity, Fish Passage and Fish Screening:
Key Parameters for Restoring Salmon Populations
Issue Background
Statement of Issue
Major components of Oregon's comprehensive management plan to restore coastal salmon
populations to productive and sustainable levels include water quantity, fish passage and fish
screening. These three parameters of concern are the focus of this chapter. In order to complete
salmon life history needs, there must be sufficient water quantity, provisions must be made for
adequate fish passage at all human induced barriers, and adequate fish screening is needed to
keep salmon out of water diversions. Studies show that reduced flows provide less habitat for
fish and may result in increased aggression, competition, or predation. Reduced flows may also
result in increased water temperature and may exacerbate other water quality problems. Altered
flows can also affect fish migration.
The State of Oregon is responding to the challenge of protecting the public interest in terms of instream flow protection as evidenced by the strategies for protecting, maintaining, and restoring streamflows, coupled with strategies for effectively managing fish passage and screening in coastal basins. The driving force behind the proposed actions, and the ultimate goal of this effort is the recovery of all coastal salmon populations.
Implementing Agencies
Four state agencies have the primary responsibilities for working with landowners to ensure
enforcement of the laws, policies, and rules related to managing for water quantity, fish passage
and fish screening: Oregon Water Resources Department (WRD), Oregon Department of Fish
and Wildlife (ODFW), Division of State Lands (DSL) and Oregon State Police (OSP).
Initiative Comprised of a Targeted, Regional Approach
The Oregon Plan emphasizes the need for incremental improvements on a prioritized, basin by
basin basis, focusing on the role of flow, passage and screening to restore runs in particular areas.
The plan lays out a strategy for addressing these three parameters in both a comprehensive and
targeted manner, to both 1) maintain and 2) restore salmon habitat values. Problem
identification will occur on a regional basis, as will the development of appropriate remedies.
Recognizing that no remedy will fit every location, the implementation of the Coastal Salmon
Restoration Initiative will rely on appropriate combinations of tools tailored specifically for each
geographic area.
The remainder of this document illustrates the state's approach to addressing these three critical parameters:
Parameters of Concern:
I. First Parameter of Concern: Quantity of Streamflows
A. Institutional Constraint: Law Premised on the System of Prior Appropriation
Oregon's water code is premised on the Doctrine of Prior Appropriation which provides a
structured, legal mechanism for the management of streamflows. The Doctrine, and thus
Oregon's water laws, has historically emphasized protection of out-of-stream uses. Consumptive
water uses have rightfully been the "historical driver" for how water is managed in Oregon. The
growing concern for and recognition of the need to protect instream values such as fish and
wildlife requires that creative, new approaches be crafted, within the existing legal framework,
that fully consider the public interest and critical instream needs and values, such as salmon
restoration.
Oregon law determines which water rights are legally entitled to water on the basis of priority date. In theory, the doctrine is simple. In water-short times, the appropriator with the oldest -- most "senior" -- water right can demand the water specified under the right regardless of the needs of other users. If there is water in excess of the needs of this senior right holder, the person with the next oldest priority date can take as much as necessary to satisfy needs under that right, and so on down the line until all needs are met, or no water is available. Junior water right holders are protected by laws that prohibit senior users from making changes in use that harm junior users. The primary responsibility for enforcing this water law resides with the WRD watermasters and their county assistants.
Instream water rights are an institutionally recent phenomenon. In 1955, state law for the first time authorized the establishment of "minimum perennial streamflows." These flow levels could be protected against junior consumptive rights, but were established by rule and did not carry the full weight of a water right. In 1987, the Oregon Legislature passed a law allowing the issuance of instream water rights. Given that in many streams, historically, much of the flow has been allocated to out-of-stream uses for portions of the year, it must be recognized that it is not possible to ensure that sufficient flow will be available to meet all instream purposes. This plan recommends implementation of a variety of actions targeted to key streams, to incrementally provide for streamflow recovery.
In summary, water has been allocated historically through a highly structured means which focused for many years on satisfying out-of-stream consumptive uses. Now, in times of increasing water shortages, the needs of fish and wildlife and the results of historic water management practices are more fully known. It is critical that while working within the existing legal framework, we also work to accommodate the full range of beneficial uses, balancing both in-stream uses and values with out-of-stream, consumptive uses. There are many tools available to do this, each described in the following pages of this chapter.
B. Remedies to Institutional Constraints: Water Resources Department Programs
and Policies
A growing number of mechanisms are being employed to protect the public interest as it related
to fish and wildlife, specifically. These mechanisms include the public interest review required
at the time of issuance of new water rights, the development of new instream water rights, and
the use of tools such as instream leases and increased enforcement against illegal and wasteful
water uses to add to instream flows.
STRATEGIES FOR MAINTAINING STREAMFLOWS
1. Maintaining Streamflows: Public Interest Review in Issuing New Water Rights
The Oregon Water Resources Department is the primary agency responsible for monitoring and
regulating water use and promoting wise long-term water management. This responsibility
includes the issuance of water rights for domestic, municipal, agriculture, industrial, and other
out-of-stream uses, and since 1987 allows water rights for fishery, water quality, and recreational
instream uses. Before issuing a new water right, the application must undergo a thorough
technical and public interest review. A positive technical review must show 1) that there is
water available for a given month at least 80 percent of the time (4 out of 5 years on average),
including instream water rights and pending applications, (2) that there are no statutory
restrictions against the use, (3) that the use conforms with all rules of the Department, and
(4) that the use will not impair or be detrimental to the public interest.
Public Interest Test. Determination of whether the proposed use will impair or be detrimental to the public interest is based at a minimum on the following factors (OAR 690-310-120): (1) water use efficiency and the avoidance of waste; (2) sensitive, threatened, or endangered species; (3) water quality; (4) fish or wildlife; (5) recreation; (6) economic development; and (7) local comprehensive plans. Another tool to ensure that new water uses do not adversely affect fish are the OAR Chapter 690, Division 33 rules. The Division 33 rules clarify the public interest test as related to sensitive, threatened, and endangered fish species. These rules require an additional public interest determination involving an interagency team composed of fish biologists and resource managers to ensure that sensitive, threatened and endangered fish species habitat is protected as a prerequisite to issuance of water rights in identified areas. The entire habitat range of coastal salmon is subject to Division 33 public interest review.
Corresponding Measures:
2. Maintaining Streamflows: Instream Water Rights
Beginning in 1958, the State of Oregon began protecting instream flows through the
establishment of "minimum stream flows." Prior to this time only the Legislature could close a
stream to new appropriations. From 1958 to 1987, 353 coastal stream segments were given some
protection by withdrawing the streams from further appropriation by setting "minimum stream
flows." Then in 1987, the Oregon Legislature passed a law allowing the issuance of instream
water rights. These instream rights did not mandate a certain amount of water to be in the
stream, but assigned a priority date for instream flows, so that if the instream rights were not
being met, junior water rights would be regulated.
Out-of-stream and instream water rights are treated equally under Oregon law (first in time, first in right), with the exception that ISWRs can be issued for up to the estimated average natural flow of the stream even if this flow is not currently present--or even higher if there is a documented reason, such as a fish passage barrier below a certain flow level.
In order to apply for ISWRs, ODFW must identify the flows which fish species need in their life history. When ODFW applies for an ISWR, it applies for that flow necessary to maintain, restore or enhance all fishery needs.
Instream water rights provide an effective way of protecting instream flows which are vital to maintaining and enhancing salmon habitat. However, instream water rights are a relatively new concept in the century old system of prior appropriations. As a result, most instream water rights are junior in priority to out-of-stream water rights. Approximately 800 instream water rights (ISWRs) exist in the coastal basins. These ISWRs are designed to conserve, maintain, and enhance aquatic and fish life (ORS 537.336). Since ISWRs are based and are judged against the natural rather than existing flows, they frequently appropriate all of the remaining water in a stream and thus prevent additional out-of-stream uses of water.
There are suite of measures that have been crafted to enhance the effectiveness of instream water rights in maintaining and restoring flows.
Corresponding Measures:
STRATEGIES FOR RESTORING STREAMFLOWS
The Coastal Salmon Restoration Initiative has a three-fold approach to incrementally adding to existing flows over time on a prioritized basis. The approach is comprised of the following interlocking elements: 1) compliance and enforcement, 2) data collection and inventory, and 3) tools and incentives.
1. Restoring Streamflows: Compliance and Enforcement
It is a priority of WRD to reduce or eliminate illegal water use. Illegal water use may be any one
of the following: a) Use of water without a water right or other legal water use authorization; b)
Use of water is in excess of or contrary to the terms and conditions of a water right; and c)
Continued use of water after use has been denied by WRD. Reducing and eliminating illegal
water use increases streamflows and allows other users to benefit from the flows. Since most
ISWRs are junior in priority to some older out-of-stream uses, elimination of illegal water uses
increases streamflows so that the ISWR needs can be met, thereby benefitting salmon.
Enforcement or compliance monitoring of water rights is initiated either by the watermaster conducting an investigation or on a complaint basis. The watermasters and District Biologist keep in close contact, and have set priorities for enforcement of ISWRs. Knowing where all the diversions are allows a watermaster to ensure that no one is taking more water than they are allowed under their permit. Oregon's watermasters and District Biologists are regionally based and are vested with intimate knowledge of the factors affecting streamflows in their districts.
Due to the fact that an infrastructure for enforcing water rights already exists, it is relatively easy for the Water Resources Department to increase compliance monitoring activities as additional resources become available and as existing resources are reprioritized. A reprioritization of resources occurred in 1996, when the Department opened two additional coastal offices and redirected watermaster activities from the Willamette Valley to the coast. Additional enforcement personnel are proposed in the Governor's 1997-99 recommended budget.
WRD has a strong regulatory role in the coastal basins. In addition to, and as part of their regulatory function, watermasters monitor stream flows. Not only does this create the base informational data layer to determine the flows that are present, but it is also critical for sheparding water past the junior water right users to the senior users -- be it an instream or an out-of-stream right.
Corresponding Measure:
2. Restoring Streamflows: Data Collection and Inventory
Data collection and inventory are key prerequisites for prioritizing streamflow activities and
developing a baseline for compliance monitoring. In order to effectively monitor compliance of
water rights, and in particular ISWRs, streamflow measurements are needed. The simplest
measurement may be a staff gage placed in the stream, while more complicated measurements
may involve weirs and permanent gaging stations with recorders and telemetry giving
instantaneous water depth measurements (stage). Since rivers and streams meander and change
courses, and because of ice, debris, and new beaver dams, frequent flow measurements must be
made to ensure that a river stage accurately correlates to the amount of water in the stream.
Stream flow measurements must be made every 4-6 weeks and require 1-2 hours of time to
complete.
In order for watermasters to effectively and efficiently practice compliance monitoring which will result in increased streamflows for salmon, they need to know where all the diversion points are located. Information collected during the inventory effort will include identification of push-up dams, unscreened diversions, sites where diversions could be moved to hydrologically connected ground water and uses not covered by existing water rights. This will be used to: work with water users in finding methods to divert water which will produce less impact on fish; identify the quantity of water needed to meet existing uses which are not covered by existing water rights; and to increase streamflows by regulating off illegal uses and working with users to cooperatively increase efficiencies.
Corresponding Measures:
3. Restoring Streamflows: Tools and Incentives
Following is a discussion of numerous measures that will provide for incremental additions of
streamflows to meet our flow objectives.
Regional Efficiency Standards
A broad understanding of what constitutes efficient water use has historically been a difficult
concept upon which to regulate. Water rights grant the user the amount of water which can be
beneficially used to meet a specific purpose. Watermasters restrict the amount of water diverted
when they discover clearly wasteful uses, such as sprinklers spraying roads and excessive tail
water at the end of ditches and canals. Stopping inefficient uses results in less water being
diverted, and, therefore, more water is left in the stream to meet instream demands, such as for
fish, as well as for other water users. Yet, regionally developed efficiency standards which will
form the basis for identifying waste in the context of applying water for beneficial use remains
unaccomplished to date. Varying agricultural practices and regional conditions virtually mandate
that this effort be undertaken collaboratively on a local basin-oriented basis.
By December 1, 1997, interdisciplinary working groups will be formed in the basins identified by ODFW and WRD as key to needing streamflow improvements to recover salmon. These working groups will develop basin specific efficiency standards by June 30, 1999. WRD will use these standards first to promote voluntary conservation efforts, and then as the basis for identifying waste in connection with compliance monitoring.
WRD is currently evaluating water use in Trail Creek (Rogue Basin) to establish a more efficient water management program which could result in more water being left instream.
Corresponding Measure:
Agricultural Water Conservation Program
The Agricultural Water Conservation Program rules (OAR Chapter 690, Division 86) prescribe
the standards for the preparation of water management plans. Irrigation districts proposing to
transfer certain water rights within the district are required to prepare these conservation plans.
Any agricultural water supplier participating in the water transfer provisions is also required to
submit an annual report describing the progress to date in implementing the water management
and conservation plan. Under the rules, districts are required to evaluate a range of water
conservation alternatives and to schedule implementation of any alternatives which are
determined to be feasible
Many irrigation districts are also required to prepare conservation plans under federal law. The Water Resources Department has a cooperative program with the U.S. Bureau of Reclamation to assist districts in the preparation of plans and to encourage the implementation of conservation projects which increase streamflows. Three irrigation districts in the Rogue Basin are required to prepare water conservation plans under the provisions of the Reclamation Reform Act (Section 210b).
Corresponding Measure:
Municipal Water Conservation Program
Municipal water conservation is an evolving way to meet future water demands and is being
increasingly recognized by community water suppliers as an important tool. Municipal water
suppliers are encouraged to prepare water management plans, (as per OAR Chapter 690, Division
86), but are not required to do so unless a plan is prescribed by a condition of a water use permit.
Municipal water conservation plans involve a comprehensive study of water supply, water
demand, and demand management. The goal of this program is to promote water savings as a
viable source of water that can be counted on to help meet future demands.
Plans are typically due within one year of permit issuance. Absent a permit requirement, but where community actions could have significant effect upon stream flow, the Department makes it a high priority to assist communities in plan preparation. This includes communities in core salmon habitat areas. Water management plan rules require communities to consider environmental, as well as economic costs when considering new water supplies. This has resulted in a greater understanding of environmental issues and a broadening of water supply options. Importantly, it also results in greater protection for salmon, as dependance upon instream flow is reduced.
WRD rules require that communities evaluate, on equal footing, demand-side measures (water conservation) along with supply-side means. This has resulted in communities reducing their reliance upon instream flows or not seeking additional appropriative water rights. As part of its measures, the Department will seek out collaborative partnerships with municipalities in core areas to develop conservation strategies.
Corresponding Measure:
Instream Transfers and Leases
Instream water rights provide an effective way of protecting instream flows which are vital to
maintaining and enhancing salmon habitat. However, instream water rights are a relatively new
concept in the century old system of prior appropriations. As a result, most instream water rights
are junior in priority to out-of-stream water rights. However, there are opportunities in Oregon to
restore and protect instream flows by transferring or leasing senior, out-of-stream rights. In
1987, Oregon passed legislation (ORS 537.348) allowing any person to purchase, lease, or
receive as a gift any existing water right or portion thereof for conversion to an instream water
right.
Water rights may be transferred to instream rights either permanently or temporarily. Permanent transfers are just that, permanent. Temporary transfers to instream use are accomplished by way of a lease agreement and a transfer application, and may not exceed a period of two years.
WRD and ODFW are working in partnership with interested entities to facilitate opportunities to protect and enhance instream flows by transferring and leasing senior, out-of-stream rights. One such groups is the Oregon Water Trust, a private nonprofit organization formed in 1993. The Trust takes a free-market approach to restoring and protecting critical stream habitat for fish and wildlife, and works with water right holders who are willing to sell, lease, or gift all or a portion of their water right for instream flows. The Trust works with ODFW in identifying critical streams where salmon would benefit the most from increased flows. WRD provides assistance to the Trust in processing water right transfers and leases by giving these application priority over pending transfers. WRD has also worked with the Trust to streamline the leasing process.
Instream transfers and leases provide a method for the State to incrementally increase streams flows. Transfers and leases also provide the opportunity to strategically address flow problems on specific stream reaches. Existing water rights can be acquired and converted to instream water rights on stream reaches that are in need of additional flows for salmon restoration.
Corresponding Measure:
Water Rights Forfeiture
Approximately 90 percent of the communities seeking new water rights are required to develop
and implement a water management plan. Generally, communities are required to develop plan
if they are seeking more than 0.01 cfs; have more than 500 people, or if there are salmon present,
or other in-stream resources of concern.
As part of its measures, the Department will seek to cancel water right holders wishing to retain current water rights which are at risk of forfeiture for non-use by facilitating lease agreements for instream flows.
Corresponding Measure:
Public Outreach and Information
Effective public outreach and education are critical to the success of any the actions and
measures outlined in this restoration plan. In order to bring about long-term change in water use,
the public must have accessible information. WRD realizes that many of the programs that
protect or restore streamflows and address fish passage and screening rely on a strong
commitment to educating water users. The Department conducts this on-the-ground education
through a network of field and regional staff with central office coordination. These staff work
directly with water users to inform them of alternatives that can help restore salmon habitat.
Educational objectives are pursued through literature, on-line information, speaking
engagements, and personal contact with landowners, water users, local officials and public.
Corresponding Measure:
Ground Water Studies
Ground water studies aid in defining where the potential for hydrologic connection between
ground water and surface water exists. Studies can help with the prediction of potential impacts
on surface water flows, and subsequently salmon.
If a water right application is within 1/4 mile of a surface water source, the application is presumed to be hydrologically connected to surface water flows (OAR 690 Division 9). Other applications are reviewed by WRD hydro geologists to determine if the proposed withdrawal is likely to impact surface water.
Proposed ground water studies will provide WRD ground water staff and the salmon recovery effort with a working knowledge of priority area ground water/surface water interaction. This knowledge base will be a technical resource for decisions concerning ground water withdrawals as they relate to streamflow. Study results may be used to influence allocation decisions where hydrologic connections have been proven to cause injury to instream flows resulting in negative impacts on salmon.
Corresponding Measure:
Ground Water Studies (Refer to page 28)
Off-Stream Storage
In 1992, The Water Resource Commission adopted a statewide policy (OAR 690-410-080) to
encourage the development of environmentally acceptable storage projects. Off-stream storage
projects, built in swales, and other areas where a natural waterbody does not exist, provide an
opportunity for multi-purpose storage projects which will include an instream flow restoration
component. All new permit applications for storage projects, whether large or small, are subject
to interagency review under existing Department rules (OAR 690-33).
Corresponding Measure:
Off-Stream Storage (Refer to page 28)
Identification of Serious Water Management Problem Areas
The Water Resources Commission has the authority to require water users in
designated areas to measure and report annual water use through the establishment of
Serious Water Management Problem Areas (SWMPA). Under the designation,
measurement and reporting can be required for the use of water under all water rights,
even if this was not a condition of the original water right (which is the case of most
water rights certificated prior to the 1980s) (ORS 540.435,
OAR 690-85-020). In addition, Senate Bill 123 (1997) proposes to allow the Director to order any water user to measure and report water use after consulting with the local watershed councils.
While measurement and reporting do not directly require a reduction in water use, the experience of the Department in working with water users indicates that measurement and reporting does raise the water users' consciousness about the way they use water. This may lead to water being used more efficiently resulting in increased instream flows for salmon. It would also increase the knowledge of how water is used in the subbasin in conjunction with ground water studies of hydrologic connection between ground and surface water supplies. This can help ensure effective compliance monitoring resulting in increased instream flows for salmon.
Corresponding Measure:
Peak Flow Protection
Annual and semi-annual peak flows are important to salmon for access to and from
winter spawning grounds and for triggering biological responses. These peak flows
may also wash out fine sediments, thereby preventing holding pools from being filled in.
There is a concern that storage projects may capture all of the peak flows and prevent
salmon from accessing spawning grounds.
Corresponding Measure:
II. Second Parameter of Concern: Fish Passage
A. Institutional Background
Existing state laws (ORS 498.268 and 509.605) require that fish passage be provided and
maintained on all stream crossing and instream structures. Diversion or "Push-up" dams and
reservoirs have been identified to potentially disrupt fish passage.
Although, no single agency has the authority to regulate all push-up dams, in 1996, the state developed a cooperative, voluntary approach to enforcement of push-up dams with a pilot program in the Illinois Basin, the area of greatest concern. The primary state partner agencies were DSL, ODFW, WRD, and OSP. These agencies worked cooperatively with private landowners, local groups, and other state and federal agencies. The rapport and trust developed and the key involvement of the Illinois Valley Watershed Council and Soil and Water District made a potentially volatile initiative into a successful program. In 1997, a more regulatory approach will be used to resolve the remaining fish passage problems caused by push-up dams, and the program will be expanded to other areas outside the Illinois Basin.
B. Scope of Problem
Movement of fish throughout a watershed is necessary for a number of life history needs.
Upstream and downstream migration of juveniles during low summer flow is often needed to
avoid warm water temperatures. During winter, juveniles may move upstream or into side
tributaries to escape flood flows. The Botkin Report identified "impediment construction" as a
major factor leading to the decline of salmonids in western Oregon. The National Research
Council Report also concludes that migration barriers have substantially impacted fish
populations.
The primary fish passage problems relating to water diversions are caused by push-up dams in the Rogue and South Coast Basins. Not only is less water diverted in the North and Mid Coast Basins, but there is more reliance on pumps than on gravity-fed diversions. Pumps are also the primary means of diverting water in the Umpqua Basin.
Push up dams are seasonal structures used to divert water. They are usually made from gravel or other locally available material. Push-up dams can be critical migration barriers during late summer and early fall low flows. Illegal push-up dams have and continue to be a problem in some areas of coastal Oregon.
C. Remedies to Fish Passage Problems
1. Maintaining Existing Fish Passage: Public Interest Review in Issuing New Water Rights
WRD works cooperatively with ODFW to assure that any new water diversions do not create a
fish passage barrier. To ensure that any new water right permit which occurs in a fish habitat
area maintains existing fish passage, an interagency team reviews and requires barrier-free fish
passage to the specifications requested by ODFW, as part of the Division 33 review process.
Corresponding Measure:
2. Replacement of Diversion Dams
Diversion or "Push-up" dams are used to divert water. They commonly involve the annual bull-dozing of gravel to create backwater at the level that can satisfy a diversion structure even in low
water seasons. These structures--whether temporary or permanent-- can prevent fish passage, as
well as cause localized water quality or habitat problems. Since fish migrate on a seasonal basis,
not all diversion dams are fish passage barriers at all times of the year. The fish passage
problems may be easily corrected, such as rupturing the dam during the end of the irrigation
season to allow fish migration, or it may require a change in the way water is diverted. One
alternative is development of an infiltration gallery and elimination of the need for diversion
point altogether.
Regulating diversion dams has been a difficult problem since no single agency has exclusive jurisdiction.
Corresponding Measure:
3. Require Fish Passage on Ponds
In 1995, the Oregon Legislature passed House Bill 2153 which exempted some existing ponds
from permitting requirements. Once an exemption is granted, a dam is free from permitting
requirements and from regulation by WRD--so long as the storage and use do not increase over
the pre-January 1, 1995, amounts. The law was enacted out of recognition that many small,
existing ponds throughout the state have historically been unpermitted.
To be exempt the pond owner must file a registration by January 31, 1997, the pond must have existed before January 1, 1995, store less than 9.2 acre-feet of water or have a dam less than 10 feet high, and the impoundment must not harm existing water users or fish. ODFW has until August 1, 1997, to provide information to WRD on any impoundments potentially causing injury to fish runs.
Corresponding Measure:
III. Third Parameter of Concern: Direct Mortality to Salmon
A. Institutional Background
The Water Resources Department requires fish screening on all new diversions that occur in
areas where fish are present. Existing diversions are dealt with in different ways depending upon
the size of the diversions. State law requires fish screening on water diversions greater than 30
cubic feet per second (cfs), and a cost share program exists to fund screening on diversions less
than 30 cfs. ODFW is working with OSP and the Governor's Office to develop and implement
a comprehensive diversion screening compliance strategy.
B. Scope of Problem
Juvenile and some adult salmon are often killed by contact with unscreened water intake or
diversion structures because they lack the swimming ability necessary to avoid entrainment,
mechanical damage or subsequent dislocation from the aquatic environment. Another means of
direct mortality is the elimination of spawning or rearing area caused by the inundation of a
reservoir.
The National Research Council Report indicates that "unscreened water diversions constitute a potential migration blockage if downstream migrating juvenile salmon are entrained in diverted water. They report that Nichols (1990) identified 1,300 unscreened water diversions on coastal rivers that potentially affected salmon-rearing streams. The Botkin Report concluded that irrigation diversions could be a potentially important factor contributing to the decline of salmonids.
C. Remedies for Fish Screening
1. Requiring Fish Screening on New Diversions: Public Interest Review in Issuing New
Water Rights
WRD works cooperatively with ODFW to assure that all new water diversions which occurs in
fish habitat areas have adequate fish screening. To ensure adequate fish screening, an
interagency team reviews and requires fish screening to the specifications requested by ODFW,
as part of the Division 33 review process.
Corresponding Measure:
2. Screening of Diversions
ODFW has an existing fish screening program to address diversions less than 30 cfs and is
providing technical assistance to water diverters, and is working with OSP to ensure enforcement
of state law which requires screening on diversions greater than 30 cfs.
Corresponding Measures:
D. Remedies Against Direct Habitat Loss
Salmon habitat can be lost by the inundation of spawning and rearing grounds from reservoirs.
Although this sort of loss is generally associated with large storage projects, small projects can
also have a cumulative effect on the loss of habitat. To address these concerns, WRD has
developed a storage policy (OAR 690-410-080) and an interagency review of all proposed
storage projects (OAR 690-33).
Corresponding Measures:
Tie to Monitoring Strategy
Measuring Progress of the Coastal Salmon Restoration Initiative through the Monitoring
Program
There are two main tiers of monitoring necessary for successful restoration of the coastal salmon:
implementation monitoring, and a comprehensive monitoring strategy.
Implementation Monitoring
The purpose of implementation monitoring is to track the accountability of agencies in following
through on proposed actions. Some actions, such as development of the Division 33 rules which
protect sensitive, threatened, and endangered fish species habitat have already been completed.
Other actions are not yet completed, or in the case of the Division 33 rule implementation, are
on-going tasks. The accountability of these actions are in the agency workplans.
Comprehensive Monitoring Strategy
In the comprehensive monitoring strategy, the state will monitor to see that the factors of decline
are being halted and reversed, and that the state's comprehensive recovery strategy is producing
the desired biological results. The CSRI Monitoring Team will track the overall accountability
of the plan, and will measure changes in salmon populations and in the environmental conditions
necessary to support salmon populations. An adaptive management approach will be used to
allow for responding to new information. Although, the overall monitoring strategy is evolving,
the cooperative approach to data-sharing and standardization of data formats has been laid. For
instance, streamflow monitoring protocols are being developed to ensure a specified accuracy
level, which while being cost-effective will produce the necessary data to see if streamflows
levels are increasing.
A more detailed description of Oregon's comprehensive monitoring strategy can be found in the CSRI Coordinated Monitoring Program.
The state is responding to the challenge of protecting the public interest in terms of instream protections as evidenced by our strategies for protecting, maintaining, and restoring flows. The overall goal is for the recovery of coastal salmon populations.
I. FACTOR OF DECLINE: Inadequate streamflows to complete salmonid life history
Upstream migration of adult salmon can be prevented by shallow water resulting from inadequate flow. As flow increases, more gravel is covered and becomes suitable for spawning. Flows required for incubation are generally assumed to be similar to those needed for spawning. Streamflows affect juvenile rearing by altering food production, cover, and availability of microhabitat. Seaward migration of smolts is triggered by the occurrence of flows suitable for downstream passage.
A. OVERARCHING BIOLOGICAL OBJECTIVE: To protect and maintain the existing streamflows in areas providing significant salmon habitat value.
| Objective IA-1: | Ensure that the issuance of additional out-of-stream water rights will not adversely affect streamflows that provide significant salmon habitat value. |
MEASURE 1: WRD (also involves ODFW, DEQ, ODA)
ADDITIONAL PUBLIC INTEREST REVIEW TO PROTECT SALMON
In June 1996 the Water Resources Commission adopted the OAR Chapter 690, Division 33 rules. All applications for new water rights in the coastal basins must undergo a review by an interagency team for adverse impacts to fish habitat. The purpose of this review is to either deny the application because of impacts to fish habitat or grant the application with appropriate conditions that protect the habitat of sensitive, threatened or endangered fish species.
Implementation of the Division 33 rules is an ongoing action that is funded in base level budget of ODFW, WRD, DEQ, and ODA.
In the spring of 1996, before the Division 33 rules were adopted, a similar interagency team process was used to review and condition approximately 1,200 water right applications (in coastal streams) that were part of a water right application backlog reduction effort.
The Division 33 rules (Attachment 1) clarify and expand the public interest review of new water use applications. An interagency team composed of ODFW District Biologists, WRD Watermasters, and staff from the headquarters offices of ODFW, WRD, DEQ and ODA reviews and comments on all pending coastal applications to ensure that sensitive, threatened or endangered fish species habitat is protected by appropriately conditioning the proposed water right or denying the application if it cannot be conditioned to protect fish habitat.
In the spring of 1996, before the Division 33 rules were adopted, a similar interagency team process was used to review and condition each of the approximately 1,200 pending water right applications. Attachment 2 provides a summary of the conditions imposed on these applications. Attachment 3 provides a list of the interagency review conditions imposed on applications, which include additional restrictions on the time period when water can be used, requiring water use measurement and reporting, totalizing flow meters, special reservoir conditions, and fish screening and passage requirements.
Some applicants protested the restrictions placed on their applications as part of the interagency review during the backlog effort. As of January 1997, however, only 40 protests remain. All 40 of these protests are in the Umpqua Basin, and all but eight of the protested applications are junior to ISWRs, so water availability already significantly restricts those potential uses.
Adequacy of measures to meet objective:
Prior to the late 1980s, water rights were issued for an entire year, or irrigation season, and were
primarily restricted by basin programs or statutory withdrawals. Since then a water availability
model has been developed which limits the issuance of new water rights to only those months
when water is available to meet all existing rights, including instream water rights (ISWRs). In
many coastal areas, water availability limits the issuance of new rights to the non-summer
months, and sometimes to only the winter months. Additionally, a special public interest review
conducted by an interagency team, which includes ODFW District Biologists, has been
formalized by rule to ensure that any new water rights granted in coastal areas are appropriately
conditioned to protect sensitive, threatened, or endangered fish habitat.
| Objective IA-2: | Ensure that water right transfers do not adversely affect streamflows that support significant salmon habitat value. |
MEASURE 2: WRD (also involves ODFW)
WATER RIGHT TRANSFER REVIEW FOR FISH CONCERNS
Beginning in April 1997, WRD shall solicit input from ODFW District Biologists on any transfers in coastal streams to ensure that instream rights are being protected.
While all new water right applications must undergo a public interest review, an additional pubic interest review is not allowed for transfers which are changing the point of diversion or use of the original right. However, transfers do undergo a review to ensure that there is not injury to existing instream or out-of-stream water rights. By directly soliciting input from ODFW District Biologist the state protects instream and fishery values by ensuring that no water right transfers will adversely impact instream water rights. The Department will also ensure that all new points of diversion will be appropriately screened.
Adequacy of measures to meet objective:
ODFW District Biologists will be commenting on water right transfers, to ensure that instream
water rights will not be injured by the transfer of a consumptive water right. Unscreened
diversion structures will also be replaced by appropriately screened structures at new points of
diversion. This provides the fullest protection possible under law.
| Objective IA-3: | Ensure that existing ISWRs are fulfilled in accord with priority date of issuance. |
MEASURE 3: WRD (also involves ODFW, OSP)
COORDINATED MONTHLY FIELD MEETINGS
Beginning in April 1997, WRD, ODFW, and OSP field personnel will initiate monthly meetings to coordinate data collection, compliance monitoring, and ongoing status of local factors directly bearing on fish habitat concerns.
Adequacy of measures to meet objective:
By developing a prioritization for enforcing ISWRs and holding monthly meetings to ensure that
the prioritization is meeting fishery needs, ISWRs are ensured to be fulfilled in accord with the
priority date of issuance.
Note: Also see Measure 10 under Biological Objective IB-2.
| Objective IA-4: | Establish ISWRs on streams, rivers, and lakes that can provide significant salmon habitat values in order to protect existing streamflow amounts. |
MEASURE 4: ODFW (also involves WRD)
APPLY FOR ADDITIONAL INSTREAM WATER RIGHTS
ODFW will review existing flow requirement information to identify if there are any available flow recommendations for core area streams, and by December 1997, shall apply for an ISWR on all core area stream reaches that do not have existing or adequate ISWRs for which flow recommendation information exists.
By December 1, 1997, ODFW will develop a plan for obtaining sufficient streamflow information for core area stream reaches where no information currently exists in order to meet statutory requirements for applying for a new ISWR.
WRD will propose to issue any future ISWRs, at the level requested and substantiated by ODFW, or at the estimated average natural flow level within eight months of receiving the application.
ODFW may have existing data for flow recommendations on stream reaches for which it has not yet applied for an ISWR. The ISWRs for which ODFW has applied for to date were selected as high and medium priority reaches prior to recent declines in salmon populations and the CSRI.
The plan ODFW will develop for obtaining streamflows requirements for core area stream reaches will include data collection, analysis, development of flow recommendations and applications of ISWRs, as well as strategies for obtaining funding and staff necessary to complete the measures.
MEASURE 5: WRD
ISSUANCE OF INSTREAM WATER RIGHTS
Since 1995, WRD certificated 497 of the 558 ISWRs requested by ODFW. These rights have been certificated at the flow level requested by ODFW, or at the estimated average natural flow level. Proposed Final Orders have been issued on the remaining 61 pending applications and are the subject of protests filed by entities objecting to proposed rights. These protests will be resolved in 1997 in a manner preserving essential flows for fish recovery.
The issuance of ISWRs ensures that future appropriations will only be allowed when there is sufficient water to meet instream fish needs.
MEASURE 6: WRD
UPDATE WATER AVAILABILITY MODEL
By March 15, 1997, WRD shall review and recast the water availability model to reflect the ISWR flow amounts actually issued.
Several hundred ISWRs were certificated at flow levels higher than originally proposed by WRD in its initial technical reviews. The water availability model may not reflect the actual amount for which these rights were certificated. By making sure that the water availability model reflects the higher ISWR amounts, further out-of-stream appropriations will be restricted to those times when instream fish needs are fully met and there is still available water for out-of-stream appropriation. This measure ensures that fish instream habitat values are protected at the highest possible level.
Adequacy of measures to meet objective:
ODFW is taking advantage of existing data to apply for new ISWRs on water bodies which
provide significant salmon habitat. ODFW is also taking the next steps of determining where
instream flow needs are not being met and developing a workplan to establish ISWRs in those
areas. WRD is ensuring that the full flow value awarded to ISWRs is counted when determining
whether junior appropriations can be allowed.
B. OVERARCHING BIOLOGICAL OBJECTIVE: Restore streamflows in areas providing significant salmon habitat value which is dependent on flow by securing incremental additions to existing streamflow amounts on a prioritized basis and according to an established schedule.
| Objective IB-1: | Identify areas providing significant salmon habitat which is highly dependent on flow restoration, and establish a schedule for restoring identified flow amounts. |
MEASURE 7: WRD
IDENTIFY UNMET INSTREAM FLOW NEEDS
By June 1, 1997, WRD shall determine the months during which the ISWRs are not being met and shall quantify the monthly deficit by stream reach as indicated by current measurement data or water availability modeling.
The quantification of ISWR deficits is an important first step in developing priorities for restoring streamflows for fish recovery.
MEASURE 8: ODFW
IDENTIFY INSTREAM FLOW PRIORITIES
By October 1, 1997, ODFW will prioritize the areas where fish habitat is most dependent on restoration of streamflows, and will establish a schedule for annual incremental restoration of flows over time in cooperation with WRD.
The greatest fishery benefit due to increasing streamflows will occur by prioritizing those stream reaches where additional water is most important for fish recovery, and setting targeted amounts for increasing flows each year over time.
| Objective IB-2:. | Ensure compliance with existing water right laws on a ranked priority basis with the objective of increasing stream amounts. |
MEASURE 9: WRD (also involves OSP)
COORDINATED ENFORCEMENT PLAN
By September 1, 1997, WRD and OSP will enter into an enforcement plan that will establish a formal prioritization and scope of services OSP officers will provide to the WRD field programs.
This plan will not alter the enforcement policies of WRD, but will integrate OSP into the Department's programs in a manner designed to enhance and coordinate current efforts.
MEASURE 10: WRD
INCREASED COMPLIANCE MONITORING
In 1996, as part of the CSRI, WRD opened two new branch offices, one each in Newport and Florence and increased its presence in the Tillamook office.
In 1996, a reprioritization of staff from outside the coastal area resulted in an additional 15 person-days/month of monitoring and enforcement activities occurring in the North and Mid Coast Basins. This added enforcement will continue.
The Governor's recommended budget includes funding for one additional watermaster, a field water rights specialist, and a hydrographer/hydrologist for the Southwest Region along with contract money for water rights inventory work;, and one additional field water rights specialist in the Northwest Region.
Prior to the grant funds and salmon effort, a watermaster would spend one day per month in the Department's Tillamook office. With the help of grant funds, WRD staffing in the Tillamook office increased. Staff working out of the Tillamook office inventoried water use, provided water right information, and assisted the public with water use issues. The results of this added enforcement will be shown in the annual enforcement report which will be presented to the Water Resources Commission in spring of 1997. The increased field presence in the North Coast Basin identified a number of locations where water was used for domestic, and lawn and garden irrigation without a water right.
WRD will increase its enforcement capabilities by increasing the number of watermasters and field personnel, thereby decreasing the area for which each watermaster is responsible. This will result in more water being left instream for salmon in areas where it will mean the most because of the intimate knowledge of individual basin uses and needs field staff develop by working with landowners, district biologists, and watershed groups.
Increased field presence in the area will result in increased streamflow monitoring, ability to work with water users to find new ways to divert water which will produce less impact on fish, facilitating instream leasing opportunities, and regulation of illegal uses.
In 1995, the most recent year for which data is available, the Northwest and Southwest Regions of WRD (coastal areas plus the Willamette and Sandy Basins) (Map 1) pursued regulation on 50 uses to protect instream water rights, 67 illegal uses, and 51 uses to protect senior out-of-stream rights (May 3, 1996, WRC Enforcement Report). These regions regulated for instream purposes and illegal uses more than any other regions.
Compliance monitoring is important to salmon because it will identify where water is being taken without a water right or in excess of existing water rights. Field staff will act to ensure that water once diverted illegally will remain in the stream to satisfy other water rights including instream rights for fish.
Adequacy of measures to meet objective:
The Department is ensuring compliance with existing water rights law in a number of ways
including adding two new field offices in Newport and Florence, significantly increasing the
hours of the Tillamook field office, and having the Governor's recommended budget include
additional field positions. Even before these enhanced enforcement measures were put in place,
the coastal offices already had the highest number of enforcement actions in the state for
enforcing instream water rights and enforcement against illegal uses of water. Coordinating
work with OSP will further enhance these efforts.
| Objective IB-3: | Ensure that adequate flow measurement and monitoring data collection occurs, is disseminated and used to support restoration of flows in key areas. |
Bonnie has the pages above this for the factors
MEASURE 11: WRD
INSTALLATION OF MONITORING STATIONS
In 1996, WRD installed approximately 40 staff gages on priority streams and the core habitat areas identified by the OCSRI Science Team.
By June 1, 1998, WRD and ODFW will identify the location, type and number of gaging stations necessary to adequately monitor priority streams and the core habitat areas where flow levels are the greatest concern. Installation of new monitoring sites will begin in the fall of 1997. This includes the installation of three new continuous recording gages with telemetry which will be added to the North, South, and Mainstem Coquille Rivers.
By June 1, 1999, with the cooperation of federal partners, gaging equipment will be installed and monitored at the core habitat locations identified as having habitat most dependent on flow restoration for recovery of salmon runs.
By June 1, 2001 all stations identified as necessary to support recovery efforts will be installed.
Measurement of streamflow is critical for monitoring and protecting ISWRs and salmon habitat. This hydrographic data provides historic or background information to compare with current information as we work to improve conditions for salmon. Additionally, measuring devices are essential for enforcement and protection of senior rights, including instream water rights. A simple way to monitor flows involves the installation of staff gages which measure the stream stage or elevation. When calibrated with repeated cross-sectional flow measurements, staff gages provide a means to establish a record of stream flow. If the staff gages indicate that instream flows are not being met the watermaster can regulate accordingly, protecting instream flows that may be needed for salmon.
Telemetry allows for remote monitoring by Department field staff. This will allow verification of existing stream flow and alert the watermaster when there is a need to regulate in order to protect senior rights, including instream flow for salmon.
MEASURE 12: WRD
INVENTORY WATER DIVERSIONS
In 1996, approximately 2,000 miles of streams were inventoried for water diversions. Approximately 98 percent of the North Coast Basin core area streams were surveyed.
By July 30, 1997, water use inventory in the core area streams and stream segments in the South Coast and Rogue Basins will begin, and will be completed by June 30, 1998.
By June 30, 2004, WRD will complete the inventory of all streams in the South Coast and Rogue Basins if contract dollars for water rights inventory are continued.
In 1996, WRD digitized water right maps identifying the location of all permitted water diversions for the entire coast from California to Washington.
In 1996, WRD purchased three additional global positioning systems (GPS), to facilitate accurate location of the points of diversions. These units will be used in future inventories.
In 1996, twelve stream walkers were hired using grant funds to locate points of diversion on streams in the North Coast Basin. The Governor's Recommended Budget includes $98,000 to hire ten temporary summer employees as stream walkers for two summers to inventory water use from critical streams in the South Coast and Rogue Basins.
Information collected during the inventory effort will include identification of push-up dams, unscreened diversions, sites where diversions could be moved to hydrologically connected ground water and uses not covered by existing water rights. This will be used to: work with users in finding methods to divert water which will produce less impact on fish, and to increase streamflows by regulating illegal uses and working with users to cooperatively increase efficiencies.
Effective compliance monitoring by watermasters requires an accurate inventory of all diversions. A report addressing these issues including subsequent water right cancellations, transfers, and new filings is being prepared and will be available in the spring of 1997.)
The digitized water right maps involved electronically mapping over 26,000 points of diversion and the associated water use. These maps identify both the place of water use and the associated diversion points (where known). These maps are available to resource agencies upon request. Prior to this effort, watermasters manually traced the water right map information onto base maps. This effort required many months to create and update. Now, watermasters and assistant watermasters can create maps for water use management within a short period of time. Time saved is used to work with the customers and manage water use. Stream inventories will both verify and improve the accuracy of the Department's water right mapping data base, and identify illegal uses which diminish flows at critical seasons of the year.
MEASURE 13: WRD (also involves ODFW)
DISSEMINATION OF STREAMFLOW DATA
By November 1, 1997, WRD and ODFW will develop a plan to ensure that streamflow measurement information is readily available to appropriate federal, state and local entities, as well as the general public, so that wise resource management decisions may be made.
Adequacy of measures to meet objective:
In 1996, 40 new staff gages were installed. In 1997, a true assessment of the need for and
location of 40 additional staff gages, and full measuring stations will be assessed, prioritized,
and installed in part. Additionally, over 2,000 miles of stream were inventoried for diversions in
1996, including nearly all of the core habitat areas in the North Coast Basin. Additional funding
for inventory diversions in all core areas in the Department's South Coast Region is included in
the Governor's recommended budget for the 1997-99 biennium, and completion of inventorying
all streams for diversions in the South Coast and Rogue Basins is proposed by 2004. This will
ensure adequate flow measurement and monitoring data is being collected, digitized, and
disseminated to the public and all entities involved in salmon recovery efforts.
| Objective IB-4: | Provide technical assistance and appropriate incentives to existing water right holders with the objective of increasing streamflow amounts in a manner consistent with Objective IB-1. |
MEASURE 14: WRD
DEVELOPMENT OF REGIONAL EFFICIENCY STANDARDS
By December 1, 1997, interdisciplinary working groups will be formed in the basins identified by ODFW and WRD as key to needing streamflow improvements to recover salmon. These working groups will develop basin specific efficiency standards by June 30, 1999. WRD will use these standards first to promote voluntary conservation efforts, and then as the basis for identifying waste in connection with compliance monitoring.
WRD is currently evaluating water use in Trail Creek (Rogue Basin) to establish a more efficient water management program which could result in more water being left instream.
A broad understanding of what constitutes efficient water use has historically been a difficult concept upon which to regulate. Water rights grant the user the amount of water which can be beneficially used to meet a specific purpose. Watermasters restrict the amount of water diverted when they discover clearly wasteful uses, such as sprinklers spraying roads and excessive tail water at the end of ditches and canals. Stopping inefficient uses results in less water being diverted, and, therefore, more water is left in the stream to meet instream demands, such as for fish, as well as for other water users. Yet, regionally developed efficiency standards which will form the basis for identifying waste in the context of applying water for beneficial use remains unaccomplished to date. Varying agricultural practices and regional conditions virtually mandate that this effort be undertaken collaboratively on a local basin-oriented basis.
MEASURE 15: WRD
AGRICULTURAL WATER CONSERVATION PROGRAM
By April 1, 1998, WRD will determine where preparation of water management and conservation plans by irrigation water users will yield increased streamflows for restoration of key habitat; and the Department will initiate a cooperative program with irrigation water users in those areas to develop water conservation plans.
No later than January 1, 1999, WRD will work with the three irrigation districts in the Rogue Basin to prepare voluntary water conservation plans, and evaluate the feasibility of conservation measures. WRD will also work with the Bureau of Reclamation, which is targeting water conservation projects to increase instream flows for salmon in Bear Creek.
The development of the agricultural water conservation plans, and collaborative work with the irrigation districts and Bureau of Reclamation will incrementally restore streamflows for salmon recovery.
MEASURE 16: WRD
MUNICIPAL WATER MANAGEMENT PROGRAM
By April 1, 1997, WRD will determine which municipalities have water rights in core habitat areas.
By October 1, 1997, WRD will contact the municipalities in core habitat areas and explore their willingness to prepare voluntary water management plans.
Beginning in 1997, WRD will hold an annual workshop for municipalities related to the preparation of water management plans.
Under WRD's municipal water management rules (OAR Chapter 690, Division 86), virtually all communities requesting new water rights or extensions on their current rights are required to prepare water management plans.
Approximately 90 percent of the communities seeking new water rights are required to develop and implement a water management plan. Generally, communities are required to develop plan if they are seeking more than 0.01 cfs; have more than 500 people, or if there are salmon present, or other in-stream resources of concern.
After preparing a water management plan, some cities, like the City of Ashland have concluded that they could best meet projected water demand through water conservation. The city then abandoned its plans for diverting water from the Rogue River, leaving instream flows for salmon.
While the WRD lacks authority to mandate plans from cities not requesting new rights or extensions, the Department will staff an effort to engage key municipalities in the planning process in a collaborative, voluntary effort to support the salmon recovery effort.
MEASURE 17: WRD (also involves ODFW)
INSTREAM TRANSFERS AND LEASES
The State is committed to continuing its effort to pursue partnerships, with entities such as the Oregon Water Trust, to protect and enhance streams flows that are vital to salmon restoration. In addition, the State is also engaged in its own efforts to protect stream flows by working with individual water right holders to convert out-of-stream rights to instream uses. This is occurring in conjunction with the other streamflow restoration measures as part of the effort to meet the long-term streamflow objectives established by ODFW through incremental increases.
Efforts to facilitate lease agreements to augment instream flows will be pursued by the Department according to the prioritization established by ODFW in Objective IB-1.
The first instream water right lease was completed in 1992. Since that time, 50 additional leases have been signed throughout the state, with Oregon Water Trust involvement in 34 of these leases. In 1996, there were 15 instream leases issued on coastal streams adding 4.6 cfs to instream flows.
MEASURE 18: WRD
WATER RIGHT FORFEITURE
By January 1, 1998, identify rights in core habitat areas identified as highly dependent on flow restoration which are subject to forfeiture for non-use and institute cancellation proceedings.
By June 1, 1998, and each year thereafter, identify rights which may be nearing the five-year period of non-use within the next calendar year, (at which time they will become subject to cancellation). Seek voluntary cooperation of water right holders to transfer or lease the rights for instream use to avoid forfeiture and increased streamflow amounts.
A water right can be forfeited if there is documented non-use of the right for five continuous years. This results in the unused water being put back into the system for appropriation. If water rights in danger of being forfeited are leased for instream use, instream flows can be enhanced for salmon while allowing the holder of the right to avoid forfeiture.
MEASURE 19: WRD
PUBLIC OUTREACH AND INFORMATION
In February, 1997, WRD introduced revised and enhanced on-line computer services, allowing the public to produce maps showing the location of water rights, including instream rights, on a specified areas of stream or basin. Information such as water availability, current streamflows, and water right locations and information on use are also available via on-line services.
WRD has hired new staff trained and equipped to produce state-of-the-art educational materials on programs and initiatives such as the CSRI. This staff is also being shared with the Governor's Office and other agencies for coastal salmon publications and related materials.
WRD will continue to assist in developing a compendium of salmon-based educational providers and programs, such as educational symposia to establish and coordinate salmon restoration educational programs statewide, educational programs offered by non-government groups such as Oregon Trout's "Salmon Watch" program and curricula offered through schools, civic groups and government agencies. In February 1997, WRD produced an educational brochure for livestock management in riparian areas and use of off-stream water supplies.
Effective public outreach and education are critical to the success of all of the measures outlined in the state's restoration plan. In order to bring about long-term change in water use, the public must have accessible information. WRD realizes that many of the programs that protect or restore streamflows and address fish passage and screening rely on a strong commitment to educating water users.
MEASURE 20: WRD
GROUND WATER STUDIES
By January 1, 1998, WRD will complete a ground water monitoring plan and scope of work according to salmon recovery priorities in the Rogue and South Coast Basins.
By July 1, 1999, work accomplished in the top priority areas will include installation of monitoring sites for ground water levels and surface water/ground water interaction, geologic mapping as it relates to ground water, and assembly and verification of all existing ground water data.
Quantifying ground water supplies and identifying surface and ground water relationships is important to salmon recovery because it will prevent the inadvertent allocation of ground water which is hydrologically connected to surface water and would thereby cause injury to instream flows resulting in a negative impact on salmon. It will also provide an opportunity to use non-hydrologically connected ground water to enhance stream flows by eliminating existing surface water use in favor of ground water. This measure is dependent on funding included in the Governor's recommended budget.
MEASURE 21: WRD
OFF-STREAM STORAGE
WRD field staff will continue to provide technical assistance to locate and encourage the development of multi-purpose off-stream storage facilities. These storage projects will augment low flows for fishery benefit and will not result in the inundation or impairment of fish habitat.
MEASURE 22: WRD
SERIOUS WATER MANAGEMENT PROBLEMS AREAS
By January 1, 1998, WRD will complete an evaluation of whether Serious Water Management Problems Areas (SWMPA) designations would provide an effective method in increasing streamflows in high priority areas as indicated by ODFW's list of priority streams for increasing streamflows. (See measure for Identifying Instream Flow Priorities, p. __.) This management tool allows the Department to adopt a rule requiring measurement and reporting of water use by all permit holders in a designated area. If it is determined that SWMPA designation, which enables WRD to require measurement and annual reporting of water use, will help increase streamflows, then WRD will initiate rulemaking to make the designation in localized areas where flow restoration is key to the recovery effort.
By March 1, 1998, recommendations on adoption of rules will be made to the Water Resources Commission. WRD will also monitor the effects on water use and streamflows resulting from the designations and, as a long term measure, will consider designation of additional SWMPAs if the anticipated increases in streamflow are realized.
While measurement and reporting do not directly require a reduction in water use, there is anecdotal evidence that imposing such a requirement does raise the water users' consciousness about the way they use water leading to water being used more efficiently; thereby resulting in increased instream flows for salmon. It would also increase the knowledge of how water is used in a particular subbasin and could lead to increased regulation through more effective compliance monitoring which could also result in increased instream flows for salmon. (See the "Increased Compliance Monitoring" discussion on page __ for more information on how improved compliance monitoring could result in improved flows for salmon.)
Adequacy of measures to meet objective:
The Doctrine of Prior Appropriation makes restoring streamflows much harder than protecting
current flows. Given the constraints of prior appropriation, incremental additions of streamflows
will be accomplished through enforcement of water rights, data collection and inventories, and a
series of tools to restore streamflows, including: (1) regional efficiency standards, (2) agricultural
water conservation program, (3) municipal water conservation program, (4) instream transfers
and leases, (5) prioritizing rights in danger of being forfeited for instream leasing, (6) public
outreach and information, (7) using ground water to augment instream flows, (8) using stored
water to augment instream flows, and (9) declaring Serious Water Management Problem Areas.
The measures listed in this section when taken together will incrementally increase the streamflows for prioritized stream reaches in a manner consistent with Biological
Objective IB-1.
| Objective IB-5: | Preserve peak flows which are necessary for access to and from winter spawning grounds, for triggering biological responses, and for habitat maintenance. |
MEASURE 23: WRD (also involves ODFW)
PEAK FLOW PROTECTION
By September 1, 1997, WRD and ODFW shall jointly develop a policy on implementation of WRD Division 33 rules to ensure that peak flows are available for triggering the biological responses and coho access to and from winter spawning grounds.
Annual and semi-annual peak flows are important to salmon for access to and from winter spawning grounds and for triggering biological responses. These peak flows may also wash out fine sediments, thereby preventing holding pools from being filled in. Permitting processes must ensure that storage projects do not capture all peak flows, or prevent salmon from accessing spawning grounds. Division 33 rules referenced in earlier measures can ensure adequate consideration of this issue at the time individual projects are permitted.
Adequacy of measures to meet objective:
WRD and ODFW are jointly developing a policy to ensure that peak flows will be protected.
II. FACTOR OF DECLINE: Obstructions to fish passage necessary to access habitat during critical life stages
Discussion of Factor: Salmonoid survival requires relatively barrier-free passage for fish migrating upstream and down, and locally for all life stages as necessary to obtain food or cover. Artificial structures designed to divert or store water can create insurmountable barriers to these fish movements.
A. OVERARCHING BIOLOGICAL OBJECTIVE: Eliminate obstructions to fish passage necessary to access key habitat for critical life stages of salmon.
| Objective IIA-1: | Protect and maintain existing barrier-free passage to access habitat during critical salmon life stages. |
MEASURE 24: WRD (also involves ODFW, ODA, DEQ)
ADDITIONAL PUBLIC INTEREST REVIEW TO PROTECT SALMON
All new permit applications in coastal areas require barrier-free fish passage where there are fish present, to the specifications requested by ODFW. The Department's Division 33 rule process (protection of sensitive, threatened, and endangered fish habitat) and the review of the 1,200 pending water rights prior to adoption of the Division 33 rules ensure that this occurs. (See the section Maintaining Streamflows, (p. __), for additional information on the
Division 33 public interest review process.)
Adequacy of measures to meet objective:
WRD requires fish passage wherever ODFW indicates that fish are present in coastal basins.
The Department's Division 33 rules ensure that ODFW District Biologists will review and
comment on new water right applications thereby ensuring that fish passage is required as part of
any new water diversion where fish are present.
| Objective IIA-2: | Restore adequate fish passage at diversion and push-up dam structures where it does not presently exist. |
MEASURE 25: WRD (also involves DSL)
MODIFICATION OR REPLACEMENT OF DIVERSION DAMS
WHICH INTERFERE WITH FISH PASSAGE
In 1996, an interagency effort was initiated to resolve fish passage problems associated with diversion or "push-up" dams, as well as other concerns such as erosion, stream channel changes, and disruption of spawning and riparian habitat. A pilot project targeted the Illinois River Drainage, which has historically relied on push-up dams for diverting water for agricultural use.
As part of the Illinois project, owners were given an opportunity, as well as financial support, to voluntarily resolve push-up dam passage problems. Remaining structures which continue to pose fish passage concerns will be addressed in 1997 in a more structured, regulatory approach that is coordinated and prioritized by involved agencies based on fishery concerns. The program will be expanded to other areas in the Rogue and South Coast Basins in 1997 with completion of a proposed implementation schedule by September 1, 1997.
By March 30, 1997, an "Interagency Action Plan -- Southwest Region Push-Up Dams" report will be completed and submitted to NMFS. This plan is the model for future efforts.
The cooperating agencies and organizations include: DSL, ODFW, WRD, OSP, DEQ, ODA, Illinois Valley Watershed Council, Soil and Water Conservation District, Rogue Valley Council of Governments, Bureau of Reclamation, Natural Resource Conservation Service, and GWEB. The stakeholders include private landowners, the Oregon Water Trust and the Sportsman Conservation Groups.
The action plan implemented by the agencies began in the summer of 1996, when streams in the basin were surveyed using aircraft, and ground-truthed to determine structure locations and the degree of impedimentation of fish passage. DSL and WRD reviewed their records and determined which structures were permitted.
Four of 26 structures were found in compliance with removal and fill regulations (15 percent). The Soil and Water Conservation District and Illinois Valley Watershed Council contacted property owners with diversion structures, and efforts were made to obtain willing compliance by October, 1996. WRD expedited requests for changes in points of diversion and from surface to ground water, where doing so was deemed appropriate to end use of the structures. Three gravel dams were eliminated through the installation of infiltration galleries, and permit applications were made for two push-up dams which do not present fish passage problems.
Exact estimates on the number of miles with increased fish access due to the 1996 actions are not yet available, but this type of quantitative information is expected in the final report being developed on the push-up dams.
MEASURE 26: ODFW
COOPERATIVE REMOVAL OF BARRIERS
ODFW will continue identifying and working with owners of water diversion structures blocking fish passage to encourage compliance, and will ask OSP to assist as necessary.
Pursue removal of artificial fish passage barriers. Despite long-standing legal requirements to provide passage, many barriers still exist. ODFW will promote installation of passage capability cooperatively, but will also work with OSP to identify where regulatory enforcement for compliance is needed.
Adequacy of measures to meet objective:
Potentially, the most significant fish passage problems in many basins are caused by diversion
"push-up" dams. In 1996, the state initiated interagency approach to resolving fish passage
problems caused by these dams. A pilot project of this effort in the Illinois Basin is proceeding
with success, and is being expanded to other basins. Basin by basin efforts by agency field staff
is necessary to collaboratively work with landowners to address fish passage concerns.
| Objective II-3: | Maintain and restore adequate fish passage on all exempt ponds and permitted reservoirs located in habitat areas. |
MEASURE 27: WRD
REQUIRE FISH PASSAGE ON PONDS
In 1996, WRD required fish passage, by-pass flows, and fish screening on all 3,400 coastal ponds in fish habitat areas filed under a statute passed in 1995 (House Bill 2153).
By August 1, 1997, ODFW will comment on fishery concerns which may remain on any of the pond registration applications.
The vast majority of pre-existing ponds filed under House Bill 2153 are off-channel, but in-channel ponds are also covered under the law.
WRD is working with ODFW to identify the type of information needed to show that existing ponds harm fish and should not be exempt. These ponds will not be exempted, and will undergo both the normal public interest review process and the Division 33 review process which applies to new water right applications.
Adequacy of measures to meet objective:
WRD has required fish passage on all of the approximately 3,400 coastal ponds, which have filed
for exemption under 1995 House Bill 2153, and ODFW is preparing to comment on those ponds
which are adversely impacting fish.
III. FACTOR OF DECLINE: Direct mortality of salmon
Discussion of Factor: Unscreened water diversions have the potential to kill many young salmon, and some adults. Another means of direct mortality is the elimination of spawning or rearing area caused by the inundation of a reservoir.
A. OVERARCHING BIOLOGICAL OBJECTIVE: Prevent direct mortality of juvenile salmon caused by entrainment in water intake structures.
| Objective IIIA-1: | Ensure all existing diversions intake structures are appropriately screened to prevent mortality. |
MEASURE 28: ODFW
SCREEN DIVERSIONS LESS THAN 30 CFS
The existing cost share program to screen diversions less than 30 cfs is progressing steadily. ODFW will continue this program, and estimate that most screens can be installed within 15 to 20 years, as long as land owners remain voluntarily participate. With additional funding, fully funded installation would be possible and the completion time would be 7 to 10 years.
Screening diversions less than 30 cfs prevents entrainment of salmon. The existing cooperative cost share program for fish screening is focused in Mid and North Coast Basins this biennium, but will include the Rogue and South Coast areas after the end of the Watershed Health program in Measure 30.
Funding from the WRD Water Development Loan Fund and the Governor's Watershed Enhancement Board may be available to accelerate the installation of all the needed screens.
MEASURE 29: ODFW
WATERSHED HEALTH FUNDS FOR SOUTH COAST FISH SCREENING NEEDS
Utilize Watershed Health funds (one time carry over of $200,000) to meet fish screening needs for small and medium diversions in Rogue and South Coast Basins.
This is a fully funded program and is receiving great local participation. Unless refunded, reverts to Measure 29 on completion.
MEASURE 30: ODFW
SCREENING OF WATER DIVERSIONS GREATER THAN 30 CFS
During the spring of 1997, ODFW will identify and inventory all water diversions over 30 cfs in the CSRI area. The inventory process will include locating the actual physical water diversion, and an on-site visit by ODFW and OSP personnel to inspect fish screening devices.
ODFW will provide technical assistance to the large water diverters which are currently out of compliance with state law regarding their fish screening devices.
State law requires screening of water diversions greater than 30 cfs. Cooperative approaches are preferred, but ODFW will work with OSP as necessary to speed compliance.
Adequacy of measures to meet objective:
ODFW has an existing cost-share program for fish screening diversions less than 30 cfs, and is
working with OSP to require fish screening of diversions greater than 30 cfs. Incremental
increases in screening the smaller diversions will occur, but timing is highly dependent on
funding alternatives.
| Objective IIIA-2: | Ensure that all new water right permits are appropriately conditioned to prevent mortality. |
MEASURE 31: WRD (also involves ODFW, DEQ, ODA)
ADDITIONAL PUBLIC INTEREST REVIEW TO PROTECT SALMON
All new permit applications in coastal areas require fish screening where there are fish present, to the specifications requested by ODFW. The Division 33 rule process (protection of sensitive, threatened, and endangered fish habitat) and the review of the 1,200 pending water rights prior to adoption of the Division 33 rules ensure that this occurs. (See the section Maintaining Streamflows, (p. __), for additional information on the Division 33 public interest review process.)
Adequacy of measures to meet objective:
WRD requires fish screening wherever ODFW indicates that fish are present. The Division 33
rules ensure that ODFW District Biologists will review and comment on new water right
applications thereby ensuring that fish screening is required as part of any new water diversion
where fish are present.
B. OVERARCHING BIOLOGICAL OBJECTIVE: Prevent direct mortality of salmon due to loss of habitat by reservoirs.
| Objective IIIB-1. | Ensure that any new reservoirs are environmentally responsible and do not have a net negative impact on salmon. |
MEASURE 32: WRD
PROTECTION AGAINST DIRECT HABITAT LOSS
All new permit applications for storage projects, whether large or small, are subject to an interagency public interest review for impacts to sensitive, threatened, or endangered fish species habitat under existing Department rules (OAR 690-33). Small ponds, exempt from permit requirements, are also subject to review by the Oregon Department of Fish and Wildlife.
Inundation of spawning or rearing grounds caused by large reservoirs can cause major loss of salmon habitat. Some loss of habitat may also be associated with the cumulative effects of numerous, smaller, in-channel ponds.
Few large reservoirs have been constructed in the coastal basins because of hydrologic and geologic limitations, environmental concerns and economic considerations. Future consideration of proposed projects will include Division 33 interagency review to ensure protection of fish habitat concerns.
Adequacy of measures to meet objective:
Hydrologic and geologic limitations dictate that it is unlikely that many large reservoirs will be
constructed in the coastal basins. Those reservoirs that are proposed must undergo a Division 33
review to ensure that the reservoir will not harm salmon.
Citations
ORS 537.336 - Instream Water Rights Purpose
ORS 537.348 - Instream Water Right Leasing and Transfers
ORS 537.455 to 537.500 - Instream Water Rights
ORS 540.435 - Serious Water Management Problem Areas
ORS 540.572 to 540.578 - Water Conservation Plans
OAR 690-09 - Ground Water
OAR 690-33 - Sensitive, Threatened and Endangered Fish
OAR 690-85-020 - Serious Water Management Problem Areas
OAR 690-86 - Water Conservation Plans
OAR 690-310-120 - Public Interest
OAR 690-410-080 - Statewide Storage Policy
1995 House Bill 2153 - Ponds
1995 Senate Bill 674 - Water Right Processing
1997 Senate Bill 123 - Measurement and Reporting
Reclamation Reform Act (Section 210b) - Water Conservation Plans
Additional Relevant Information Available for Reviewing the Plan(1)
1 Unless otherwise indicated the contact person for this material is Bob Rice, WRD, (503) 378-8455, ext. 238
Maps showing the location of core habitat streams, instream water rights, and gaging stations
May 3, 1996 WRC Enforcement Report "Informational Report on 1995 Field Regulation and Enforcement Activities"
October 17, 1996 WRC Instream Report "Informational Report on Instream Water Use 1995 Water Year (October 1, 1994 - September 30, 1995)
Water Right Application Process Flow Chart
WRD World Wide Web Site: http://www.wrd.state.or.us
ORS Chapters 498 and 509 on Fish Passage and Fish Screening - Contact person Roy Elicker, ODFW, (503) 872-5252, ext. 5411
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Created March 4, 1997
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