Records per page:
DateNameCompanyComment
08/26/2026Lisa BrownWaterWatch of OregonWaterWatch of Oregon Comments EOT Applications, Application G-15625 (Permit G-15195) & Application G-14876 (Permit G-13691) 1. The EOT applications should be denied. Applicant has failed to file a permit amendment as required in WRD’s 2025 EOT orders, and instead has simply continued to illegally pump groundwater from unpermitted wells. (See Water Use Reports for 2025). There is not good cause to allow any extension of these permits. Based on the 2025 EOT orders, Applicant’s failure to file the permit amendments to address the ongoing illegal use has resulted in the cancellation of those extensions. Therefore, we request that WRD allow a maximum C date of 10/1/2021 pursuant to the 2017 EOTs. 2. WRD should commence enforcement action against Applicant’s continued illegal pumping of groundwater from unpermitted wells. It appears that Applicant does not take seriously its illegal pumping of groundwater and this should be corrected by WRD action, including the levying of maximum fines and cancellation of the permits (see Standard Condition, Permit G-15195 (App. G-15625) at p. 4; Permit G-13691 at p. 5 (App. G-14876) for authority to cancel the permits for failure to comply with the terms). 3. The permitted and illegal wells associated with these EOT applications are located in the Eagle Creek watershed, tributary to the Clackamas River. This is not only an important salmon stream, but one that relies groundwater contributions to support its streamflow. These groundwater permits were issued prior to the adoption of the 2024 Groundwater Allocation Rules and therefore were not subject to modern standards and scientific understanding at the time of issuance. However, because the permits remain undeveloped and uncertificated after nearly a quarter century since issuance, WRD must fully consider the impacts of allowing any development under these permits on streamflows, aquifer levels and fish and wildlife. OAR 690-315-0040(a-f). If WRD considers issuing these extensions or allowing any further development under these permits, we request a full groundwater review with a focus on groundwater declines and hydraulic connectivity to any surface water. If pumping under these permits impacts the surface waters of the Eagle Creek (and downstream waters), this alone should mandate denial of these extensions. 4. In reviewing the previous EOTs, it does not appear there was good cause to issue these extensions either. The illegal use was occurring and the wells were largely constructed prior to issuance of the permits, meaning they were not development that can be counted under the permits. Further, the groundwater pumping is likely affecting flows in Eagle Creek, and likely other streams, that are in high need of streamflow restoration and that support imperiled steelhead and salmon runs. The fact that the Applicant received the EOTs none-the-less, and then failed to comply with the terms of the EOTs, lends support for the lack of good cause. 5. If any extension is granted, it should specifically prohibit any continued use of the unpermitted wells, and should not allow any further development under the existing wells. If the permits meet other standards for certification, maximum cumulative use under these permits, together with Application G-15841, should be limited to the use from the permitted wells at the expiration of the last extension in 2021, which appears to be 0.735 cfs (330 gpm). In sum, we urge WRD to deny these extensions and take enforcement action regarding the continued use of the unpermitted wells including cancelling the permits. If WRD does not cancel the permits, any use and certification should be limited to a cumulative total of no more than 0.735 cfs between Applications G-15625, G-13691 and G-15841. Thank you for considering these comments.