Oregon Coastal Salmon Restoration Initiative |
WRD 1 (also involves ODFW,
DEQ, ODA): Additional Public Interest Review to Protect Salmon
Summary of Measure:
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 any 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 that could impact sensitive, threatened,
or endangered fish habitat and condition these applications to
protect this habitat.
Responsible Staff:
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
Summary of Measure:
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.
Responsible Staff:
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:
An ongoing process.
Work Schedule:
WRD will begin soliciting input from ODFW district biologists
in April 1997.
WRD 3 (also involves ODFW,
OSP): Coordinated Monthly Field Meetings
Summary of Measure:
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:
Fulfill ISWRs.
Objective:
Hold monthly meetings with appropriate field staff to coordinate
data collection, compliance monitoring, and local factors relating
to ISWRs.
Responsible Staff:
Northwest and Southwest Regional Managers.
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.
WRD 4: Issuance of Instream
Water Rights
Summary of Measure:
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.
Responsible Staff:
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.
WRD 5: Update Water Availability
Model
Summary of Measure:
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 water rights at the flow levels granted.
Objective:
Restrict further out-of-stream appropriations to those times
when instream water rights are met and there is still available
water for out-of-stream appropriation.
Responsible Staff:
Water Rights Manager and the Field and Technical Services Division
Administrator.
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.
WRD 6: Identify Unmet Instream
Flow Needs
Summary of Measure:
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.
WRD 7 (also involves OSP):
Coordinated Enforcement Plan
Summary of Measure:
WRD and OSP will enter into a formal agreement for coordinating
compliance monitoring and ongoing consideration of local factors
directly bearing on fish habitat concerns.
Background:
There is a need to prioritize resources to augment compliance
monitoring and assistance to landowners with water right concerns.
Goal:
To protect instream and out-of-stream water rights from unpermitted
consumptive uses, while also working with landowners to resolve
permit problems.
Objective:
Increase communication among the relevant agencies, and clearly
identify the role of OSP in monitoring compliance with the state
water code.
Responsibilities:
The Northwest and Southwest Region Managers will be responsible
for implementing this plan.
Results:
Increased enforcement presence in critical stream reaches.
Funding:
Funding for this measure is included in the base budget.
Future:
Increased level of ongoing coordination.
Work Schedule: WRD and OSP field personnel will enter into a Coordinated Enforcement Plan by September 1, 1997.
WRD
8: Increased Compliance Monitoring
Part 1
Summary of Measure:
Increased compliance monitoring activities, based in part on
the priority areas identified by the OCSRI 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.
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 streamflows by eliminating illegal diversions of water
from coastal streams.
Objective:
Bring water uses in the area into compliance with Oregon water
law.
Responsible Staff:
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 ongoing 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.
Part 2
Summary of Measure:
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 fi