WRD1, 24, and 31 (also involves ODFW, ODA, DEQ)
ADDITIONAL PUBLIC INTEREST REVIEW TO PROTECT SALMON
FULL TITLE: All applications for a new water right in coastal basins must undergo a review for impacts to fish. This review is conducted to ensure that the new uses, if approved, are conditioned in a way to avoid negative impact to the habitat of sensitive, threatened or endangered fish species. (Since coho are currently listed as a state sensitive species, they are covered by these rules.)
BACKGROUND: The statewide Division 33 rules were designed to protect the essential habitat of sensitive, threatened and endangered fish species in Oregon. These rules provide for an interagency group to review proposed water uses and make recommendations, either denying the application due to fish impacts or granting the application with appropriate conditions to avoid degrading essential habitat of sensitive, threatened or endangered fish.
The interagency team consists of the state representatives of the Departments of Fish and Wildlife (ODFW), Water Resources (WRD), Environmental Quality (DEQ), and Agriculture (ODA).
The interagency team receives copies of all of WRD's initial reviews of water right applications and a copy of the application map for all applications in the coastal area. If ODFW or DEQ identify additional restrictions necessary to guard against the loss of essential habitat, the other interagency team members have an opportunity to review and comment on the proposed additional restrictions.
The review team makes all recommendations within the time limits prescribed in the water right application review process. WRD coordinates the activities of the interagency review team to ensure timely and consistent action.
GOAL: Ensure that issuing new water rights does not result in a net loss or loss of essential habitat of sensitive, threatened or endangered fish species.
OBJECTIVE: Review all applications which could impact sensitive, threatened, or endangered fish habitat and condition these applications to protect this habitat.
RESPONSIBILITIES: The Water Rights and Adjudication Division Administrator will be responsible for coordinating the implementation of the Division 33 rules. Local WRD watermasters, ODFW district biologists, and staff from the Habitat Conservation Division of ODFW, Water Quality Division of DEQ, and Natural Resource Division of ODA will be involved in reviewing the applications.
RESULTS: The conditioning of individual applications to protect sensitive, threatened and endangered fish species habitat.
FUNDING: Funding for this measure is included in the base budget.
FUTURE: The Department receives approximately 50 applications statewide for new water uses each month. All of the applications in the coastal areas will be reviewed, as well as applications for other areas containing sensitive, threatened or endangered fish species habitat.
WORK SCHEDULE: The interagency team will review and condition a pending water right application within 45 days of the initial review of a water right application.
WRD 2 (also involves ODFW)
TRANSFER REVIEW FOR FISH CONCERNS
FULL TITLE: WRD will solicit input from ODFW district biologists on any transfers in coastal streams to ensure that instream rights and values are being protected.
BACKGROUND: While all new water right applications must undergo a public interest review, an additional public interest review is not allowed for transfers which are changing the point of diversion or use. However, transfers do undergo a review to ensure that they do not injure existing instream or out-of-stream water rights. By soliciting input from ODFW district biologists, the state will protect instream and fishery values by assuring water right transfers will not adversely impact instream water rights.
GOAL: Protect instream water rights from negative impact as a result of water right transfers.
OBJECTIVE: Ensure that no instream water right is injured by the transfer of another water right.
RESPONSIBILITIES: The Northwest Region Manager will supervise this process.
RESULTS: Eliminate negative impacts to instream water rights resulting from water right transfers.
FUNDING: Funding for this measure is included in the base budget.
FUTURE: This is an on-going process.
WORK SCHEDULE: WRD will begin soliciting input from ODFW district biologists in April, 1997.
WRD3 (also involves ODFW, OSP)
COORDINATED MONTHLY FIELD MEETINGS
FULL TITLE: WRD, ODFW and OSP field personnel will initiate monthly meetings to coordinate data collection, compliance monitoring and consideration of local factors directly bearing on fish habitat concerns.
BACKGROUND: By developing a prioritization for enforcing instream water rights (ISWRs) and holding monthly meetings to ensure that the prioritization is meeting fishery needs, ISWRs will be fulfilled in accordance with the priority date of issuance.
GOAL: Ensuring ISWRs are fulfilled.
OBJECTIVE: Hold monthly meetings with appropriate field staff to coordinate data collection, compliance monitoring and local factors relating to ISWRs.
RESPONSIBILITIES: The Northwest and Southwest Regional Managers will be responsible for this measure.
RESULTS: Fulfillment of ISWRs in accordance with the priority dates of issuance.
FUNDING: Funding for this measure is included in the base budget.
WORK SCHEDULE: Beginning in April, 1997, WRD, ODFW and OSP field personnel will initiate monthly meetings.
WRD3 (also involves ODFW)
APPLY FOR ADDITIONAL INSTREAM WATER RIGHTS
FULL TITLE: WRD will propose to issue any future instream water rights (ISWRs), at the level requested and substantiated by ODFW, or at the estimated average natural flow level.
BACKGROUND: 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.
GOAL: Creation of additional ISWRs.
OBJECTIVE: 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.
RESPONSIBILITIES: The Water Rights and Adjudications Division Administrator will be responsible for this measure.
RESULTS: Additional instream rights.
FUNDING: Funding for this measure is included in the base budget.
WORK SCHEDULE: By December 1, 1997, ODFW will develop a plan for obtaining sufficient stream flow information for core area stream reaches where no information currently exists in order to meet statutory requirements for applying for a new ISWR. Within eight months of receiving a request for an ISWR, WRD will propose issuance of the right.
WRD5 - ISSUANCE OF INSTREAM WATER RIGHTS
FULL TITLE: WRD will certificate pending instream water right (ISWR) applications.
BACKGROUND: 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.
GOAL: Certification of the 61 pending ISWR applications.
OBJECTIVE: Resolution of the protests filed on pending ISWRs in a manner preserving essential flows for fish recovery.
RESPONSIBILITIES: The Water Rights and Adjudications Division Administrator will supervise this process.
RESULTS: Preservation of essential flows for fish recovery.
FUNDING: Funding for this measure is included in the base budget.
FUTURE: The water right process allows for protests of proposed final orders.
WORK SCHEDULE: The protests will be resolved during 1997.
WRD6 -UPDATE WATER AVAILABILITY MODEL
FULL TITLE: WRD will review and recast water availability, if necessary, to reflect the increase in the instream water right (ISWR) flow amounts actually issued, as opposed to a lower amount listed in the technical reviews.
BACKGROUND: Several hundred ISWRs were certificated at levels higher than originally proposed in the technical reviews. The water availability model may not reflect the actual amount of water certificated for these rights.
GOAL: Protect instream values at the highest possible level.
OBJECTIVE: Restrict further out-of-stream appropriations to those times when instream fish needs are fully met and there is still available water for out-of- stream appropriation.
RESPONSIBILITIES: The Water Rights Manager and the Field and Technical Services Division Administrator will be responsible for this measure.
RESULTS: Accurate ISWR levels reflected in the water availability model.
FUNDING: Funding for this measure is included in the base budget.
WORK SCHEDULE: By March 15, 1997, WRD will have reviewed and recast the water availability numbers, as necessary, to reflect the actual ISWR flow amounts.
WRD7 - IDENTIFY UNMET INSTREAM FLOW NEEDS
FULL TITLE: WRD will determine the months during which the instream water rights (ISWRs) are not being met and quantify the monthly deficit by stream reach.
BACKGROUND: The quantification of ISWR deficits is an important first step in developing priorities for restoring stream flows for fish recovery.
GOAL: Develop a prioritized list for stream flow restoration.
OBJECTIVE: Quantify the monthly deficit in streams with unmet ISWRs.
RESPONSIBILITIES: The Field and Technical Services Administrator will supervise this process.
RESULTS: A comprehensive understanding of which ISWR are not being met and the quantities of the monthly deficits for each stream reach.
FUNDING: Funding for this measure is included in the base budget.
WORK SCHEDULE: By June 1, 1997, WRD will determine the months during which the ISWRs are not being met and quantify the monthly deficit by stream reach.
WRD9 (ALSO INVOLVES OSP)
COORDINATED ENFORCEMENT PLAN
FULL TITLE: WRD and OSP field personnel will initiate monthly meetings to coordinate data collection, compliance monitoring and on-going consideration of local factors directly bearing on fish habitat concerns.
BACKGROUND: There is a need to prioritize resources to ensure that instream water rights are being fulfilled.
GOAL: Ensure instream water rights are fulfilled in accordance with the priority date of issuance.
OBJECTIVE: Increase communication among the relevant agencies.
RESPONSIBILITIES: The Northwest and Southwest Region Managers will be responsible for this plan.
RESULTS: Monthly meetings.
FUNDING: Funding for this measure is included in the base budget.
FUTURE: Increased level of on-going coordination.
WORK SCHEDULE: WRD and OSP field personnel will initiate monthly meeting beginning in April, 1997.
WRD10 - INCREASED COMPLIANCE MONITORING
PART 1
FULL TITLE: Increased compliance monitoring activities, based in part on the priority areas identified by the CSRI Science Team (composed primarily of ODFW and NMFS biologists).
BACKGROUND: The watermasters responsible for the Mid- and North Coast basins must also cover the area between the Coast Range and the Cascades. Historically, the watermasters have regulated more activities due to insufficient stream flows outside of the coastal basins. This has resulted, over time, in the development of numerous small "illegal" uses in the Mid- and North Coast basins.
In the summer of 1996, new watermaster branch offices were established in Newport and Florence, and the presence in the Tillamook branch office was significantly increased. As a result of reprioritization of staff from outside the coastal area, an additional 15 person-days/month of monitoring and enforcement activities are occurring in the North and Mid-Coast Basins. This added enforcement will continue.
GOAL: Increase stream flows by eliminating all illegal diversions of water from coastal streams.
OBJECTIVE: Bring water uses in the area into compliance with Oregon water law.
RESPONSIBILITIES: Watermasters in districts 1, 2 and 16 (North and Mid Coast and Willamette Basins) are to identify all tasks and ensure that the highest priority tasks are accomplished within their respective districts. The watermasters will coordinate with local interests to maintain regular office hours and to advise the public of the hours and locations where the watermaster and water right records are located. The watermasters will also spend a percentage of their time becoming familiar with the coastal basin portions of their districts.
RESULTS: Fewer incidents of illegal water use.
FUNDING: Funding for this measure is included in the base budget.
FUTURE: This is an on-going activity. Little change is anticipated until work priorities are adjusted.
WORK SCHEDULE: Coastal Basin watermasters in the Mid- and North Coast Basins are to spend a minimum of two work days per month on activities related to the coastal basins. One of the days the watermaster is to be available to provide information to local customers and watershed councils. The other day is to be spent collecting water flow and water use data and regulating illegal uses.
WRD10 - INCREASED COMPLIANCE MONITORING
PART 2
FULL TITLE: WRD has identified the need, and is seeking funding, for six additional field staff to monitor instream flows and water diversions, prevent illegal use and contribute to public outreach.
BACKGROUND: The state is divided into five regions and 17 watermaster districts. Each region includes three to four watermaster districts. Increasing water management in coastal basins will require hiring more staff. Six watermaster districts contain parts of the coastal basins. A majority of the historic workload in three of the six districts has been outside of the coastal basins. The Governor's recommended budget includes funding and authorization for 11 positions, including one watermaster, and five field water right technicians which will monitor stream flows, provide technical data and prevent illegal uses.
GOAL: The goal is to increase the public's understanding of water use and water rights to increase stream flows for salmon.
OBJECTIVE: The objective is to increase the field presence and have more staff available to find ways to improve water use efficiencies, monitor water right conditions and collect stream flow data all for the purpose of increasing stream flows.
RESPONSIBILITIES: Once approved, the region manager will follow hiring procedures. The region manager will assign work and see that the work is completed consistent with WRD policies and procedures.
RESULTS: The results will be less occurrences of illegal water use and an increase in protected stream flow for fish and aquatic life.
FUNDING: The Governor's recommended budget includes funding for these six new positions, as well as contract money for water rights inventory work.
FUTURE: No action will occur until funding is secured in the 1997-99 budget.
WORK SCHEDULE: The six positions will not be filled until after funding is approved. The earliest hiring may take place is July 1, 1997.
WRD11 - INSTALLATION OF MONITORING STATIONS
FULL TITLE: WRD has identified the need for additional monitoring stations and analysis positions. WRD plans to install additional gages and add telemetry to gaging stations, which will enhance WRD's capability to monitor instream flows on coastal streams.
BACKGROUND: The quantity of water flowing at the instream water right location cannot be easily determined. Measurement of stream flow is critical for monitoring and protecting instream water rights (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.
Staff will be needed to conduct actual stream flow measurements at either staff gage or recording station sites. Actual measurements need to be conducted every four to eight weeks. Measuring at this frequency will produce a record of flow with an accuracy of between 5 and 15 percent. Less frequent measurements produces a less reliable record. Average time at the gaging site for one person to conduct a stream flow measurement ranges between one hour at low flow to two hours at high flow, not counting travel to and from the site.
GOAL: Ensure that adequate flow measurement and monitoring data collection occurs and is used to support restoration of flows in key areas.
OBJECTIVE: Measure existing stream flows at instream water right locations, for management purposes at instream water right locations.
RESPONSIBILITIES: Region managers, with input from other natural resource agencies, will identify sites where gages and recording stations are needed. Field and Technical Services Division Administrator will pursue funding opportunities.
RESULTS: Stream flow data from sites determined to be of high priority for fish protection.
FUNDING: A hydrographer/hydrologist position is included in the Governor's recommended budget. The Legislature will consider this request in the 1997 session. Remaining funding will rely on the base budget and federal partnerships.
FUTURE: With funding provided in the Governor's recommended budget, and in conjunction with federal partners, at least one hydrologist will conduct a review of the necessary stream gagging information needed for monitoring instream flows.
WORK SCHEDULE: By June 1, 1997, WRD and ODFW will identify the location, type and number of gagging stations necessary to adequately monitor priority streams and the core habitat areas where flow levels are the greatest concern. Depending on funding, 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.
WRD12 - INVENTORY WATER DIVERSIONS
FULL TITLE: For the 1997-99 biennium, WRD will seek funding to hire 10 stream walkers to inventory diversions in the Southwest Region. Also, additional Global Positioning System (GPS) equipment may be purchased next biennium to accelerate locating and mapping diversion points.
BACKGROUND: 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 stream flows 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. 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.
GOAL: Identify and regulate illegal water use to increase stream flow for fish and aquatic life, as well as provide technicians with equipment for accurate mapping of water use information.
OBJECTIVE: Obtain sufficient funding to hire staff to inventory water diversions and water use, starting with the highest priority streams and stream segments and to purchase GPS instruments for use by field technicians. Existing staff will use the information collected to better manage water use on those streams.
RESPONSIBILITIES: Field and Technical Services Administrator will pursue funding opportunities. When funding is obtained, the Southwest Region Manager will hire temporary employees to inventory water diversions beginning with streams which have the highest potential to impact the recovery of salmon. The administrator of the Water Resources Department Field and Technical Services Division will purchase GPS equipment. Oversight of the field work will be from the Northwest and Southwest Region managers.
RESULTS: Inventoried streams and accurate GIS maps depicting water use information for use by the science team and others.
FUNDING: 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. Funds for GPS equipment have been requested as part of the Governor's recommended budget to the Legislature. A portion of the funds come from the supplies and services that accompany position funding, and a portion will come from funds requested for summer stream walkers.
FUTURE: If the budget proposal is approved, temporary staff will be hired, the equipment will be purchased, and the GPS units will be used to map water resource features.
WORK SCHEDULE: 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.
WRD 13 (also involves ODFW)
DISSEMINATION OF STREAM FLOW DATA
FULL TITLE: WRD and ODFW will develop a plan to ensure that stream flow measurement information is available to appropriate federal, state and local entities, as well as the general public.
BACKGROUND: Current stream flow data is needed for resource managers to make wise resource decisions.
GOAL: Support wise water resource management decisions.
OBJECTIVE: Provide federal, state and local agencies, and the public with stream flow measurement information.
RESPONSIBILITIES: The Field and Technical Services Division Administrator will be responsible for this measure.
RESULTS: Dissemination of current stream flow data to resource managers.
FUNDING: Funding for this measure is included in the base budget.
WORK SCHEDULE: By November 1, 1997, WRD and ODFW will develop a plan to ensure that stream flow measurement information is available to appropriate federal, state and local entities, as well as the general public.
WRD14 - DEVELOPMENT OF REGIONAL EFFICIENCY STANDARDS
FULL TITLE: Development of regional efficiency standards as a means of restoring instream flows for salmon.
BACKGROUND: 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 inefficient uses. Stopping inefficient uses results in less water being diverted, and therefore, more water is left in the stream to meet instream demands.
GOAL: Increased water in streams for instream uses, such as fish.
OBJECTIVE: Reduce the amount of water being diverted by restricting inefficient use of water.
RESPONSIBILITIES: The Northwest and Southwest Region Managers will supervise development of efficiency standards.
RESULTS: More efficient use of water.
FUNDING: Funding for this work is included in the base budget.
FUTURE: WRD is evaluating water use in Trail Creek, in the Rogue Basin, to establish a more efficient water management program. The result could be more water being left in the stream, to supply water rights with junior priority dates, including instream water rights.
WORK SCHEDULE: By November 1, 1997, interdisciplinary working groups will be formed in the basins needing stream flow improvements to recover salmon. By June 30, 1999, these groups will have developed basin-specific efficiency standards.
WRD 15 - AGRICULTURAL WATER CONSERVATION PROGRAM
FULL TITLE: WRD will develop agricultural water conservation plans, and work with the irrigation districts and Bureau of Reclamation to incrementally restore stream flows for salmon recovery.
BACKGROUND: 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).
GOAL: Restore stream flows for salmon recovery.
OBJECTIVE: Determination of whether water management and conservation plans by irrigators would yield increased stream flows and assistance in development of water conservation plans in appropriate cases.
RESPONSIBILITIES: The Resource Management Division Administrator will supervise this program.
RESULTS: The development of water conservation plans, where such plans are found to be an appropriate way to increase stream flows.
FUNDING: Funding for this program is included in the base budget.
FUTURE: On-going.
WORK SCHEDULE: By April 1, 1998, WRD will determine if the preparation of water management and conservation plans by irrigation water users will yield increased stream flows. If an increase is found, WRD will initiate a cooperative program with irrigation water users in those areas to develop water conservation plans. By 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 16 - MUNICIPAL WATER CONSERVATION PLANS
FULL TITLE: Communities located in core habitat areas will receive the highest priority for assistance on water conservation plans.
BACKGROUND: The Water Resources Commission has adopted rules which prescribe a process and standards for the development of water management and conservation plans. Virtually all communities requesting new water rights or extensions on their current rights are required to prepare water management plans. The planning process is intended to prompt municipal water suppliers to evaluate the feasibility of alternatives intended to improve water use efficiency. The Department provides assistance and technical advice to municipalities preparing the plans and has developed a variety of planning aids.
GOAL: Assist communities in core habitat areas to develop water management and conservation plans.
OBJECTIVE: Provide technical assistance and advice on water management and conservation planning to community water suppliers.
Assist communities in core habitat areas to identify and evaluate measures to reduce water use and the impacts of their diversions on stream flows.
RESPONSIBILITIES: The Municipal Water Conservation Specialist will respond to requests for assistance from municipal and other community water suppliers. If the number of requests for assistance exceeds the capacity of the existing staff to respond, priority will be placed on working with communities in core habitat areas. In addition, alternatives for assigning additional staff to the project will be considered by the Resource Management Division Administrator.
RESULTS: The development of water management and conservation plans by community water suppliers will minimize the impacts of municipal diversions on stream flows and may result in increased stream flows.
FUNDING: Funding for this measure is included in the base budget.
FUTURE: Community water conservation plans are contingent upon local communities requesting this assistance.
WORK SCHEDULE: WRD will provide community water suppliers with assistance on water management and conservation planning after municipal and other community water suppliers request assistance.
WRD 17 (also involves ODFW)
INSTREAM TRANSFERS AND LEASES
FULL TITLE: Place priority on processing instream water right transfers and leases that benefit fish.
BACKGROUND: Summer flows in many streams are no longer sufficient to provide fish habitat or passage. One method to increase stream flows is leasing or transferring existing water rights to instream uses.
GOAL: Place a high priority on processing water right leases and transfer applications which propose to increase stream flows in salmon habitat areas.
OBJECTIVE: Work with the applicants to ensure that applications are complete when they are submitted. Provide a final decision on all instream water right lease and transfer applications within 180 days of receiving the application.
RESPONSIBILITIES: The Northwest Region Manager will work with staff to place a high priority on processing water right transfer applications which propose transfers to instream uses.
RESULTS: Track pending transfer applications to ensure that a final decision is made within 180 days of receipt.
FUNDING: Funding for this measure is included in the base budget.
FUTURE: All staff involved with the processing of transfers are included in the WRD base budget. Additional staff may be added under the 1997-99 biennium if the requested application fee increase is approved.
WORK SCHEDULE: Processing of applications for water right transfers to instream uses has been assigned a high priority. Processing transfer applications is an on-going program and will continue beyond the 1995-97 biennium.
WRD18 - WATER RIGHT FORFEITURE
FULL TITLE: WRD will prioritize its enforcement of non-use based on ODFW's priority list of increasing stream flows.
BACKGROUND: A water right can be canceled 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. If water rights in danger of being forfeited are leased for instream use this will protect the right from forfeiture and restore instream flows for salmon.
GOAL: Restore instream flows for salmon.
OBJECTIVE: Lease water rights to increase instream flows.
RESPONSIBILITIES: The Northwest and Southwest Region Managers will be responsible for this measure.
RESULTS: Increased stream flows.
FUNDING: Funding for this measure is included in the base budget.
FUTURE: WRD will approach water right holders with rights that have not been used and could be forfeited in an effort to get water right holders to lease or gift their right for instream use.
WORK SCHEDULE: By January 1, 1998, WRD will identify water 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, WRD will identify rights which may be nearing the five-year period of non-use during 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.
WRD19 - PUBLIC OUTREACH AND INFORMATION
FULL TITLE: Continue public information and outreach efforts utilizing both central and field staff. This activity will provide information to the general public on restoration measures, as well as educating water users.
BACKGROUND: Public involvement is crucial to the long range success of voluntary restoration efforts. Gathering public support for these efforts will require education and information for landowners, particularly those with property that may contain salmon habitat. Informing the public of the state's action measures, policies, rules and laws governing natural resources will assist in management of the resource and enforcement of laws through increased voluntary cooperation.
GOAL: Continue outreach educational campaign that informs the general public of the need for good stewardship of land and water resources and informs the public about the CSRI measures.
OBJECTIVES:
RESPONSIBILITIES: The Public Information Officer will be responsible for coordinating the creation and distribution of agency literature.
WRD will rely on watermasters and field staff to distribute materials to land owners and water users. Field staff will provide technical advice and educational information to individuals seeking to develop water rights.
The Water Rights and Adjudication Division will distribute information directly to water right holders and applicants through periodic mailings.
RESULTS: Currently, there is no empirical method for determining the success of outreach and education efforts. However, the Department will gauge success of outreach methods based not on overall quantity of documents prepared, or mailings sent, but on the overall success of restoration efforts. This is a long-term plan that may require many years before major changes emerge. Surveys of general public's knowledge and endorsement of the CSRI will be conducted on a multi-agency level with the coordination and cooperation of the CSRI Outreach and Education Team, headed by the Director of Communications at the Department of Agriculture.
FUNDING: Funding has been included in the Governor's recommended budget for 11 field staff positions that will serve multiple roles for the agency, including public information functions.
FUTURE: Outreach efforts will be fully expanded after the completion and distribution of the final CSRI plan.
If funding is obtained for additional field staff, the agency will include some training in outreach and education methods during the orientation process. The public information office will work closely with these staff members to develop a statewide multi-region effort to promote habitat improvement through wise water management.
WORK SCHEDULE:
Job 1): Improve on-line information
Start date: Internet site improvements posted January 10, 1997
Completion date: Salmon page improvements and links posted February 2, 1997
Job 2): Create literature for Department and Governor's office
Start date: Ongoing
Job 3): Incorporate field staff
Start date: Ongoing
Job 4): Educate Water Resources Commission
Start date: Ongoing
WRD 20 - GROUND WATER STUDIES
FULL TITLE: Initiate new investigations in the coastal basins to quantify groundwater supplies and identify surface and groundwater relationships. Include a public information effort on groundwater resources.
BACKGROUND: 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.
GOAL: Gain a good understanding of the effect groundwater use has on surface water flow. In order to accomplish this, WRD will identify areas where groundwater discharges into surface water and where surface water flows into groundwater. WRD will quantify the availability of the groundwater resources.
OBJECTIVE: All of the existing information will be compiled in a central data base and organized for future reference. Using this base information, a coordinated effort will develop a comprehensive understanding of groundwater resources and the related impact on surface water in the Rogue and South Coast Basins. A coordinated surface and groundwater monitoring network will be established. These data are to be added to the WRD central data base for future analysis.
When sufficient data have been obtained, the Rogue and South Coast Basins will be divided into appropriate study areas, priorities will be defined, and models will be developed to demonstrate how surface water is dependent on basin groundwater resources.
RESPONSIBILITIES: The Groundwater Section Manager will have primary responsibility for this program. Most of the initial work will be performed by the Southwest Region.
RESULTS: Data acquisition and organization will likely continue over a two year period. Some of the analysis may extend beyond this time period. Quarterly reports will be provided to interested individuals.
FUNDING: The Governor's recommended budget includes funding for the first two years. Sufficient funding has been requested for a project leader and related expenses. Some of the data acquisition may be performed by outside contractors.
FUTURE: After the initial data acquisition, funding requests will be made to the Legislature for the analysis and modeling portions of this project.
WORK SCHEDULE: 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.
WRD21 - OFF-STREAM STORAGE
FULL TITLE: Augment low season flows through the development of off-stream storage facilities.
BACKGROUND: 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 water body does not exist, provide an opportunity for multi-purpose storage projects which will include an instream flow restoration component.
GOAL: Increase instream flows through developing off-stream storage facilities.
OBJECTIVE: Locate sites and encourage off-stream storage facilities.
RESPONSIBILITIES: WRD staff will provide technical assistance to watershed councils and developers in siting storage facilities. Staff will be supervised from the Northwest and Southwest Region offices.
RESULTS: Augment instream flows.
FUNDING: The Governor's recommended budget includes additional field staff that will provide technical assistance.
FUTURE: All new permit applications for storage projects, whether large or small, are subject to interagency review under existing rules (OAR 690-33).
WORK SCHEDULE: Staff should be hired and available for technical assistance by September, 1997.
WRD22 - SERIOUS WATER MANAGEMENT PROBLEM AREAS
FULL TITLE: Declaring Serious Water Management Problem Areas to require water measurement and reporting in an effort to improve water management.
BACKGROUND: 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 (SWMPAs).
GOAL: Increased instream flows through adopting SWMPAs.
OBJECTIVE: Determine if declaration of SWMPAs will increase instream flows, and if so to designate SWMPAs in consultation with the CSRI Science Team and with the involvement, assistance and advice of local residents.
RESPONSIBILITIES: The Resource Management Division Administrator will supervise the development of basin program amendments.
RESULTS: The adoption of rules requiring the measurement and reporting of water use under existing rights.
FUNDING: Funding for this program is included in the base budget.
FUTURE: WRD will 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.
WORK SCHEDULE: By January 1, 1998, WRD will complete an evaluation of whether 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. If it is determined that SWMPA designation 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 23 (also involves ODFW)
PEAK FLOW PROTECTION
FULL TITLE: WRD and ODFW will jointly develop a policy to ensure that peak flows will be protected.
BACKGROUND: 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.
GOAL: Ensure peak flows are available for triggering salmon's biological responses and providing access to and from winter spawning grounds.
OBJECTIVE: Development of a joint WRD and ODFW policy to protect peak flows.
RESPONSIBILITIES: The Resource Management Division Administrator will be responsible for this measure.
RESULTS: Protection of peak flows.
FUNDING: Funding for this measure is included in the base budget.
WORK SCHEDULE: 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 salmon access to and from winter spawning grounds.
WRD 25 (also involves DSL)
MODIFICATION OR REPLACEMENT OF DIVERSION DAMS WHICH INTERFERE WITH FISH PASSAGE
FULL TITLE: Work with DSL, ODFW, and OSP to eliminate fish passage barriers caused by diversion or "push-up" dams.
BACKGROUND: 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.
GOAL: Provide barrier-free fish passage.
OBJECTIVE: Find alternate methods of diverting water, under valid water rights, which have the least impact on aquatic life and habitat. Encourage diverters of water to convert from historic methods of taking water to the least impact methods. Provide information and assist with activities such as water right transfers which assist diverts in providing barrier-free fish passage.
RESPONSIBILITIES: DSL, WRD, OSP and ODFW share responsibility for push-up dams. The Southwest Region Manager will supervise WRD field staff working with the other agencies to identify push-up dams and to provide possible solutions such as alternate diversion methods, assistance with water right transfers and water right information.
RESULTS: Barrier-free fish passage.
FUNDING: WRD has included additional field staff in the Governor's recommended budget. These positions include a watermaster position, three field water right technician positions and contract money to hire stream walkers. These additional staff are needed to inventory water use and diversion methods in a timely manner and to coordinate with the field staff of the other agencies, and to assist water users in preparing water right transfer applications.
FUTURE: 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.
WORK SCHEDULE:
In 1997, a more structured regulatory approach that is coordinated and prioritized by involved agencies based on fishery concerns will address the remaining structures which continue to pose fish passage concerns in the Illinois Drainage. 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. Additional staff to be hired, if authorized and funded, in the 1997-99 biennium.
WRD27 - REQUIRE FISH PASSAGE ON PONDS
FULL TITLE: Maintain and restore adequate fish passage on all exempt
ponds and located in habitat areas.
BACKGROUND: 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.
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). 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 has notified ODFW of the type of information needed to show that existing ponds harm fish and should not be exempt.
GOAL: Eliminate fish-passage problems created by exempt ponds.
OBJECTIVE: Require the normal public interest review process and the Division 33 review process for new ponds.
RESPONSIBILITIES: The Water Rights and Adjudications Division Administrator will be responsible for this measure.
RESULTS: More permits for ponds.
FUNDING: Funding for this measure is included in the base budget.
FUTURE: WRD will respond to ODFW's concerns and not allow exempt ponds where they would harm salmon. These ponds will be required to get permits and will undergo both the normal public interest review process and the Division 33 review process which applies to new water right applications.
WORK SCHEDULE: By August 1, 1997, ODFW will comment on fishery concerns which may remain on any of the pond registration applications.
WRD32 - PROTECTION AGAINST DIRECT HABITAT LOSS
FULL TITLE: All new permit applications for storage projects are subject to an interagency public interest review for impacts to sensitive, threatened or endangered fish species. Small ponds are also subject to review by ODFW.
BACKGROUND: The major loss of salmon habitat is usually associated with the inundation of spawning or rearing grounds caused by large reservoirs. Some loss of habitat may also be associated with the cumulative effects of numerous, smaller, in-channel ponds.
Few large reservoirs have been constructed, or are likely to be constructed, in the coastal zone due to hydrologic and geologic limitations, environmental concerns and economic considerations.
GOAL: Prevent direct mortality of salmon as a result of loss of habitat due to reservoirs.
OBJECTIVE: WRD will ensure that any new reservoirs are environmentally responsible and do not have a net negative impact on salmon.
RESPONSIBILITIES: The Water Rights and Adjudication Division Administrator will be responsible for coordinating the implementation of this measure. Local WRD watermasters, ODFW district biologists, ODFW Habitat Conservation Division staff, DEQ Water Quality Division staff and ODA Natural Resource Division staff will be involved in reviewing the applications.
RESULTS: The conditioning of individual applications to protect sensitive, threatened and endangered fish species habitat.
FUNDING: Funding for this measure is included in the base budget.
FUTURE: This is an ongoing activity. All applications in the coastal areas will be reviewed to assure that fish habitat is protected.
WORK SCHEDULE: The interagency team will review and condition the pending water right applications within 45 days of the initial review of the water right application.
WRD 33 (also involves ODFW)
FILL AND REMOVAL AREA CLOSURES
FULL TITLE: Closure of fill and removal areas for the purpose of protecting and conserving water resources.
BACKGROUND: Under existing statutory authorities, the Water Resources Commission may close specified waters to the issuance of fill and removal permits under ORS 196.805. In order to close specified waters, the Commission must find that the issuance of permits would be inconsistent with the protection, conservation and best use of the waters of this state.
GOAL: Employ available administrative tools and limit activities within the bed and banks of specified waters to conserve important habitat areas and protect declining fish populations.
OBJECTIVE: Where necessary, initiate the review process, hold public hearings and prepare findings in response to requests received from ODFW.
RESPONSIBILITIES: The Resource Management Division Administrator will be responsible for this measure.
RESULTS: Closure of some waterways, in conjunction with other activities, could help protect important fish habitat areas.
FUNDING: Funding for this measure is included in the base budget.
FUTURE: Few closure requests are currently anticipated. Requests for closure may come from ODFW, but only if other management approaches prove insufficient.
WORK SCHEDULE: Work schedules will vary depending upon the number and nature of the closure requests.
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