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DateNameCompanyComment
 Annette Henry Lake Abert is one of four hypersaline lakes in North America and provides a unique habitat for waterbirds, including the Eared Grebe (Podiceps nigricollis), which is the most abundant grebe in the North America. The Eared Grebe is essentially flightless for most of the year and is one of the most inefficient fliers among birds; flight is almost exclusively used for long-distance migration. This species prefers to swimming to flying. Eared Grebes make a postbreeding/molt migration from breeding areas in the interior of western North America to hypersaline lakes in the Great Basin and it is at these lakes the birds molt and stage for several months to prepare for their subsequent migration to wintering areas south. After arrival to the saline lakes, the birds undergo the most dramatic change in body composition known in birds. Breast and heart muscles atrophy, and birds become flightless. And then shortly before departure to their wintering grounds, these changes are reversed and heart and breast muscle increase in size, and reduce their digestive organs for the southbound migration. The Eared Grebe is one of a few species that is able to exploit the superabundant prey that thrive in the highly saline lakes, brine shrimp and alkali flies. Hypersaline lakes are few and far between in North America and are critical habitat for the Eared Grebe. There rarity makes each one an exceedingly valuable resource. Continued drought in the western United States is reducing the water levels in the hypersaline lakes; lower lake levels result in less area for birds to rest on the water. As lakes shrink, the salinity of the lakes will increase to levels that are toxic to brine shrimp and flies. The toxic levels will result in no food for the birds. Eventually, the level will cease to serve as a resource for wildlife. The drought is beyond our control. On the other hand, diverting water from the Chewucan River Basin is something we can control. Any diversions that can be halted need to be halted to help Lake Abert during the drought. We need to understand and respect that Lake Abert is an irreplaceable resource for waterbirds and an important part of Oregon’s heritage that needs to be continued into perpetuity. Thank you, Annette Henry Ornithologist/Marine Biologist
 Dan MorseOregon Natural Desert AssociationTo Whom It May Concern: Oregon Natural Desert Association (ONDA) is is a non-profit, public interest organization with more than 4,500 members and supporters dedicated to the conservation of eastern Oregon’s public lands. Founded in 1989, ONDA’s mission is to protect, defend, and restore Oregon’s high desert. ONDA has a long history of involvement in the management of public lands and waters in Lake County and we have a continuing interest in healthy, functioning ecological systems in and around Abert Lake. We agree with the Department that Abert Lake's brine shrimp fishery and the wildlife values of the lake “represent a high market and present demand for the water flowing from the Chewaucan River into Lake Abert.” (3-17-2015 PFO (withdrawn), p. 6). These values should receive full consideration as the Department evaluates the new extension application, especially in light of assurances at the time the permit was issued that inflow to the lake would be protected. We urge the Department to fully consider the ecological importance of Abert Lake in its decisions on this water permit and look forward to working with the Department and others to appropriately resolve the issues. Please maintain ONDA on the contact list for all correspondence related to this permit extension application. Sincerely, Dan Morse Conservation Director Oregon Natural Desert Association
 Robert Van Kirk I recommend that the amended application for extension of time be denied because: 1) the original conditions and of the permit have not been met and cannot be met in the future, so there is no need for the permit; and 2) the value of water to public wildlife resources downstream in Lake Abert is greater than the apparent value of water associated with the permit. The original permit specifies that the designated beneficial uses are wildlife habitat and irrigation. Conditions for maintenance of wildlife habitat were specified in a lease agreement between the permit holder and the U.S. Fish and Wildlife Service (USFWS). This lease was attached to the original permit, and compliance with that agreement was a condition of issuance of the permit. Based on documentation provided in the current extension request, the USFWS cancelled that lease agreement in 1995 because of revocation of the original USACOE 404 permit and because “the lease agreement, which was intended to provide for management of the property for wildlife, no longer serves its intended purpose.” Because adherence to the conditions of the lease was a condition for issuance of the permit and because the lease has been withdrawn by the USFWS, this condition of the original permit cannot be met. The extension request provides no indication that a new lease agreement with USFWS will be pursued. Therefore, neither the condition of the original permit nor its originally intended use for wildlife habitat can be met. Thus, there is no need for an extension. Until recent years, Lake Abert has supported a commercially viable brine shrimp fishery and provided habitat for hundreds of thousands of resident and migratory birds. A combination of drought and increased consumptive use of water upstream appears to have resulted in desiccation of the lake to the point where it has not been able to support these resources in recent years. Regardless of the degree to which drought versus water use has resulted in decline of Lake Abert, the lake, and the commercial and public resources it supports, will be negatively impacted even further by increased consumptive use of water upstream, as would occur if the referenced water right is fully perfected. Given that the respective permit holders have already filed several extensions and that 22 years have expired since the original deadline for putting the water to full beneficial use, it is apparent that the value of the water claimed under permit S 51164 must not be of critical economic importance to the permit holder(s). As stated in the Proposed Final Order, dated 3/17/2015 (withdrawn 4/6/2015), “commercial business and wildlife habitat needs represent a high market and present demand for the water flowing from the Chewaucan River into Lake Abert.” If the Water Resources Department has come to this conclusion at the same time that the permit holder has had 25 years to put water to beneficial use and has as yet been unable to do so, it seems reasonable to conclude that the resources that can be supported by Lake Abert outweigh the value of the private resources that can be supported by the water claimed under the referenced permit. For these two reasons, I recommend denying the application for extension. My interest in this issue is both personal and professional, although I am submitting these comments as a private individual and not on behalf of my employer or any other institution or organization with which I am affiliated. Personally, I have visited Lake Abert once or twice each year since the late 1970s and have enjoyed watching birds and looking at the fascinating geology of the area. I have also explored the larger Chewaucan River watershed and am aware of its natural history and fish and wildlife resources. Professionally, I have a Ph.D. in mathematical biology and am trained in the statistical and mathematical modeling of ecological systems. As Research Director for a nonprofit organization, a private consultant, and a university professor (Professor Emeritus of Mathematics at Humboldt State University), I have been active in the science and management of water resources and aquatic ecosystems since 1994. I have done most of my work in semi-arid landscapes of the western U.S. and have served as a consultant to the U.S. Fish and Wildlife Service, U.S. Forest Service, U.S. Bureau of Reclamation, Idaho Department of Water Resources, Idaho Department of Fish and Game, and numerous nongovernmental organizations. I have published 29 peer-reviewed papers, most related to management of fisheries and water resources. Most often, my consulting work involves surface water-groundwater interactions and water-rights administration in irrigated landscapes of the western U.S. Although I have not studied the hydrology and water management of the Chewaucan River basin and Lake Abert in detail, my cursory knowledge of Lake Abert and experience in other, similar basins suggests that some combination of climate factors and increased consumptive use of water upstream have resulted in decline of Lake Abert. Consumptive use of water for agriculture is increasing throughout the western U.S., despite, and often because of, increases in irrigation efficiency. Nothing I have read about the Chewaucan River watershed suggests that it is any different than any other watershed in the western U.S. Regardless of who or what is to “blame” for the current state of Lake Abert, it is apparent that any increased consumptive use of water will not benefit the lake, and it is also apparent that more monitoring of water use in the basin and careful hydrologic analysis is needed to definitively determine the cause of decline of the lake, as well as to predict potential future condition of the lake. Thank you for considering my comments in this matter.
 David B. Herbst University of California, Sierra Nevada Aquatic Research LaboratoryDavid B. Herbst, PhD Sierra Nevada Aquatic Research Laboratory University of California 1016 Mt Morrison Road Mammoth Lakes, CA 93546 September 16, 2015 Comments on Rivers End Ranch water impoundment permit renewal To whom it may concern: I am a research scientist with the University of California and for nearly 40 years have studied the ecology of saline lakes of the western United States, including Lake Abert, Oregon. I obtained my PhD at Oregon State University in 1986. I have expertise and first-hand knowledge of how changing lakes levels and salinity affect aquatic life and have described the range of conditions that promotes or impairs the health of the organisms that inhabit this lake and serve as food resources to the hundreds of thousands of waterfowl and shorebirds that depend on this lake. I oppose renewal of the permit to RER on the following grounds: • Lake Abert is exceedingly rare among lake environments of the world, and has become depleted in water and degraded in health due in part to impoundment of the Chewaucan River at RER. • This lake is valuable not only as a rare ecosystem but for the abundant birds that visit annually and the recreational tourism offered by the spectacle of this iconic salt lake. It harbors abundant populations of brine flies (Ephydra hians), brine shrimp (Artemia species) and other invertebrates that require certain conditions of salinity and can then sustain many species of migratory and breeding birds. • While drought is a recent exacerbation of the lack of water, the loss of upstream inflow to irrigation and impoundment are unquestionably the major contributors to the receding and drying of the lake over time. Along with this come toxic concentrations of salts accumulating. • Yes, the lake has been dry in the past as a result of regional drought (1930s), but even if higher flows resume under wetter conditions, this lake would remain threatened by the diversions of upstream flow. This is not simply a flow-through, and the RER reservoir does not and cannot replace the ecological values downstream in Lake Abert. It does not represent an equivalent wildlife value. • There is precedent for protection of the ecological values of saline lakes under the public trust doctrine as established by the courts and water regulation authorities as established at Mono Lake, California, a similar lake. • The lake needs protection from these uncertainties and limitations on natural inflow, and there should at least be minimum flow requirements for the lower river and the lake that permit Abert to reach its potential to be a healthy and productive place for aquatic wildlife and a cherished resource to the people of Oregon and legacy of the American west. For these reasons, the extension of this permit should be denied in full. Sincerely, David B. Herbst, PhD
 Seager Trent Dear Macahelle Bamberger and OWRD, Please accept my comments on Permit S51164. The River's End Ranch (RER) has applied for an extension to develop their water rights, which includes impoundment of the Chewaucan River before it reaches Lake Abert. The Chewaucan River is part of an endrorheic system, meaning it is part of a closed basin where water does not flow out. Lake Abert depends upon that water to allow its unique ecosystem of a hyper-saline lake, to persist. Millions of migratory birds depend upon the lake for their fall migration, which is from July through October. The BLM and researchers estimate 3.25 million birds use the lake, including over 350,000 in a single count on the lake. The freshwater inflow from spring snow melt or runoff is critical to Lake Abert to allow the food web to function properly, starting with brine fly hatch and the algal species that they feed upon. The freshwater inflow also assures that the lake will not be too saline to allow brine fly hatch to occur. These two food types are critical to the migratory birds, many of which use Abert to complete their moult and put on fat reserves before continuing to their wintering grounds. I began studying birds at Lake Abert in 1994, part of a contract with Western Washington University and the BLM. As part of the BLM's designation of Lake Abert as an ACEC, they set standards for nesting and migratory bird numbers to both show the importance of the lake and to assure that any future development would not allow those numbers to drop below baseline levels. In addition to documenting densities of nesting Loggerhead Shrikes and Burrowing Owls, I conducted waterbirds counts of all the waterfowl, waterbirds, and shorebirds on Lake Abert. I have continued those counts into 2015, along with many other volunteers including ODFW and BLM staff (coordinated by East Cascades Audubon Society). In the last few years, instead of hundreds of thousands or millions of birds using the lake, there have been zero waterbirds and few shorebirds. The birds are restricted to the north end where there are freshwater seeps coming out onto the now salt playa. There is no functioning lake for the migratory birds to use. A key piece of the BLM's designation of Lake Abert as an ACEC was to assure that the lake remained a functioning ecosystem based on lake levels above 4252 feet. They cited and counted upon Oregon's own publication, where ODFW agreed (1992 Keister's report) that any future water rights should not allow the lake to drop below this critical level. Since the RER impoundment, Lake Abert has dropped below 4252 feet. In fact, the lake has dropped to such low levels to be considered dry and certainly below a functioning ecosystem capable of supporting millions of migratory birds. As such, I conclude that the March 17, 2015 Proposed Final Order (now withdrawn) correctly found that “[t]he commercial business and wildlife habitat needs represent a high market and present demand for the water flowing from the Chewaucan River into Lake Abert.” (PFO, p. 6). Due to the lake’s rare ecosystem and the resulting important benefits it provides to migrating birds, these water demands far outweigh any use of the water by Rivers End Ranch to grow hay or maintain its private reservoir. The value of Lake Abert to the State of Oregon is vastly greater than any goods or services coming from granting the extension. The lake, which is Oregon's 5th largest, is the only large hyper-saline lake in the Pacific Northwest. Because of its high invertebrate production, it is critical habitat to millions of migratory birds which are protected under the Migratory Bird Treaty Act. It has had the largest numbers of nesting snowy plovers, a species listed as threatened by the Sate of Oregon. Lake Abert is only one of three post-breeding, foraging and staging habitats in the world for the Wilson's Phalarope (over 300,000 counted at a single time on the lake). For these reasons, WRD should deny the extension. The extension should be denied because the permit is not being used for the purpose for which it was originally issued, n service of a cooperative wildlife project. Despite the fact that significant public funds were expended to implement this project, Rivers End Ranch is not using the permit for its intended purpose. The need for the permit no longer exists. In an extension order, WRD can evaluate “the continued need for the permit.” OAR 690-315-0050(5)(c). Here, as demonstrated by the cancellation of the US Fish and Wildlife Service lease agreement due to the ranch disturbing Native American artifacts and burial grounds, combined with the ranch’s failure to implement the conditions of either the draft lease agreement or the US Fish and Wildlife Service lease agreement (or apparently any similar conditions), the need for the permit as part of the cooperative wildlife project no longer exists. The extension should be denied in full. The revised extension application confirms that water use has not occurred in compliance with the permit conditions derived from the Draft Lease Agreement. (Exhibit B). There is not good cause to issue the extension and WRD should deny the extension in full. Please let me know if you have any questions, and thank you for the opportunity to comment. Sincerely, Trent Seager Newport, Oregon
 Ron Larson, PhD WRD’s March 17, 2015 Proposed Final Order (now withdrawn) correctly found that “[t]he commercial business and wildlife habitat needs represent a high market and present demand for the water flowing from the Chewaucan River into Lake Abert.” (PFO, p. 6). Due to the lake’s rare ecosystem and the resulting important benefits it provides to migrating birds, these water demands far outweigh any use of the water by Rivers End Ranch to grow hay or maintain its private reservoir. Therefore, WRD should deny the extension. The value of Lake Abert to the State of Oregon is vastly greater than any goods or services coming from granting the extension. The lake, which is Oregon's 5th largest, is the only large hyper-saline lake in the Pacific Northwest. Because of its high invertebrate production, it is home to 81 species of water birds, most of which are migratory and thus are protected under the Migratory Bird Treaty Act. It has had the largest numbers of nesting snowy plovers, a species listed as threatened by the Sate of Oregon. Lake Abert is only one of three post-breeding, foraging and staging habitats in the world for the Wilson's Phalarope, which is a small shorebird that must double its weight before making a 5,000 mile nonstop flight to South America. Because of the outstanding ecological value of the Lake Abert ecosystem, the Bureau of Land Management has designated the land around the lake as an "Area of Critical Ecological Concern." Furthermore, the lake has outstanding scenic value and tourist dollars are important to the State. For these reasons, WRD should deny the extension. The extension should be denied because the permit is not being used for the purpose for which it was originally issued—in service of a cooperative wildlife project. Despite the fact that significant public funds were expended to implement this project, Rivers End Ranch is not using the permit for its intended purpose. The need for the permit no longer exists. In an extension order, WRD can evaluate “the continued need for the permit.” OAR 690-315-0050(5)(c). Here, as demonstrated by the cancellation of the US Fish and Wildlife Service lease agreement due to the ranch disturbing Native American artifacts and burial grounds, combined with the ranch’s failure to implement the conditions of either the draft lease agreement or the US Fish and Wildlife Service lease agreement (or apparently any similar conditions), the need for the permit as part of the cooperative wildlife project no longer exists. The extension should be denied in full. The revised extension application confirms that water use has not occurred in compliance with the permit conditions derived from the Draft Lease Agreement. (Exhibit B). There is not good cause to issue the extension and WRD should deny the extension in full.
 Doug HeikenOregon Wild Oregon Wild PO Box 11648 | Eugene OR 97440 | 541-344-0675 | fax 541-343-0996 dh@oregonwild.org | http://www.oregonwild.org/ 15 Sept 2015 TO: Oregon WRD VIA: http://apps.wrd.state.or.us/apps/wr/wrinfo/wr_details.aspx?snp_id=49736 CC: machelle.a.bamberger@wrd.state.or.us Subject: Comments on S-51164 - the Revised Rivers End Ranch application for extension of time to develop surface water permit Dear WRD: Please accept the following comments from Oregon Wild concerning the Revised Rivers End Ranch application for extension of time to develop surface water permit S-51164. Oregon Wild represents over 15,000 members and supporters who share our mission to protect and restore Oregon’s wildlands, wildlife, and water as an enduring legacy. Oregon Wild is very interested in maintaining the ecological and recreational values associated with the abundant waterfowl that visit Abert Lake. This lake is widely known as a mecca for waterfowl and these waterfowl depend on a food chain that starts with water that has the proper salinity to support brine shrimp and brine flies. Over-appropriation of water (likely in combination with the drought) in the closed Abert Lake Basin is causing the salinity of Abert Lake to become far too salty for brine shrimp and brine flies. It is critical that OWRD address the low water levels at Lake Abert when making a decision on the River's End Ranch application to extend the permit. We believe that OWRD must take into consideration the special character of this closed basin and the effect of water levels on salinity that supports the extraordinary habitat value and natural resource value Lake Abert represents for both migratory and nesting birds. WRD’s March 17, 2015 Proposed Final Order (now withdrawn) correctly found that “[t]he commercial business and wildlife habitat needs represent a high market and present demand for the water flowing from the Chewaucan River into Lake Abert.” (PFO, p. 6). Due to the lake’s rare ecosystem and the resulting important benefits it provides to migrating birds, these water demands far outweigh any use of the water by Rivers End Ranch to grow hay or maintain its private reservoir. Abert Lake is an Important Bird Area. BLM recognizes Abert Lake as an Area of Critical Environmental Concern (ACEC). The lake has also been proposed as a Western Hemisphere Shorebird Reserve Network site. The Oregon’s Comprehensive Wildlife Conservation Strategy recognizes Lake Abert as a Northern Basin and Range Ecoregion Conservation Opportunity Areas. Lake Abert is largest saline lake in Pacific Northwest and one of most important shorebird habitats in the Intermountain West. The Conservation Strategy also recognizes the economic importance of Lake Abert as an important nature-based recreational area. http://www.dfw.state.or.us/conservationstrategy/docs/document_pdf/b-eco_nb.pdf With all these special values at stake, WRD should deny the extension. The extension should be denied because the permit is not being used for the purpose for which it was originally issued—in service of a cooperative wildlife project. Despite the fact that significant public funds were expended to implement this project, Rivers End Ranch is not using the permit for its intended purpose. The need for the permit no longer exists. In an extension order, WRD can evaluate “the continued need for the permit.” OAR 690-315-0050(5)(c). Here, as demonstrated by the cancellation of the US Fish and Wildlife Service lease agreement due to the ranch disturbing Native American artifacts and burial grounds, combined with the ranch’s failure to implement the conditions of either the draft lease agreement or the US Fish and Wildlife Service lease agreement (or apparently any similar conditions), the need for the permit as part of the cooperative wildlife project no longer exists. The extension should be denied in full. The revised extension application confirms that water use has not occurred in compliance with the permit conditions derived from the Draft Lease Agreement. There is not good cause to issue the extension and WRD should deny the extension in full. Thank you for the opportunity to comment. Sincerely, /s/ Doug Heiken
 Joseph EilersMaxDepth Aquatics, Inc.I oppose granting this permit in any form. This impoundment of water on the Chewaucan River should never have been permitted. The take of water here and elsewhere along the Chewaucan River harms Lake Abert by reducing the flow of water available to the lake. Lake Abert is a public resource and the state agencies should be protecting it for the public good. If a permit is granted for the continued take of water (which I oppose), the applicant should be required to have continuously recording flow measurement devices installed to record how much water enters and exits Rivers End Reservoir. The flow monitoring should be reported to OWRD on a monthly basis (recording conducted at 15 minute intervals). Alternatively, OWRD should be funded by the applicant to conduct this monitoring.
 Cami Carder Desert Springs Trout Farm We are not currently experiencing drought conditions comparable to the dustbowl period and yet the conditions at Abert Lake are comparable to those years. This is concerning. The original conditions under which the RER permit was issued has dissipated with no hope of returning due to the public discovery that an ancient Native American Burial site on the RER had been disturbed with public funding behind the project. This was an ill planned project from the beginning. In the original lease agreement between the original permit holder and the government agencies collaborating stipulations were imposed on the RER reservoir allowances dependent on conditions. These stipulations were so important to the health of nearby ecosystems, Abert Lake Specifically, that the U.S Fish and wildlife imposed some substantial limitations on allowable RER water retentions to maintain a balance between the RER needs and the needs of Abert Lake. These stipulations are listed as a condition of the permit to appropriate public waters, paragraph 6, "The permittee shall comply with the land management and reservoir operation provisions contained in the draft lease agreement between the U.S. Fish and Wildlife Service and the permittee which is hereby referenced and made part of this agreement". This agreement was null and void when the litigation began relating to the burial site. The special provisions are listed in Section 1.1 in the lease agreement between the permitee and the USDF. There is also the question of why the permit of the lease agreement do not address circumstances where either party withdrawals interest. Without any hope of developing a viable and monitored wildlife habitat in conjunction with ODFW or the USDF the extension should be denied. With the understanding that the ranch requires an amount of water to irrigate for hay farming purposes I do not see how it is necessary or wise to spend all of those resources to maintain a reservoir with such vast amounts of water to irrigate a few pivots while neighboring ecosystems are clearly suffering for water. I believe that other ranches are using the water out of RER Reservoir for watering cattle with permission from the RER manager. I do not believe this is permitted under the permit conditions. The ranch has been known to advertise private guided fishing and hunting on the property. I have inquired about making reservations for such service without any return calls or contact what so ever. It appears there is little or no guiding business on the ranch, so again what is the usage that needs to be developed? If Abert Lake were to receive the inflow a brine shrimp industry would re-develop not only for one but two business along with large habitat benefits for the ecology and wildlife. The application for extension should be denied in full based on two facts. The original stipulations for which the permit was issued under have ceased and have no hope of returning and the ranch has proven no other beneficial use for the water in 20 years, a substantial amount of time to do so. At this point the permit to appropriate public waters for the RER is vague. Thank you for your time, C. S. C.