Oregon Water Resources Department
Electronic Public Comments
Application: R 87660
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Name
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Comment
Brian Posewitz
The application is incomplete, and should be rejected, because it fails to contain information sufficient to show: (a) the use will not have a significant detrimental impact on existing fishery resources; or (b) will not injure existing water rights. Reviews from ODFW and the watermaster do not appear to be included with the application as required by Noble v. OWRD, Clackamas County Circuit Court Case No. 10010159. According to the application, the reservoir is in the stream channel. Therefore, even if there are no fishery resources on the source stream, as the applicant claims, the reservoir may adversely increase water temperatures in downstream waters where fish are present by increasing thermal exposure and releasing warmed water downstream if water flows in the source stream during warmer months. Prohibiting releases will not solve the problem because that will contribute to warming through downstream flow reduction. Thus, if there is flow in the source stream in warmer months, the reservoir should be moved off-channel. The reservoir also may adversely impact downstream waters depending on associated land uses and whether they expose the water to warming by removing riparian shading, increase erosion and/or allow pesticides, fertilizers, herbicides, etc., to enter the watershed. If a permit is granted with a limited season of use, the applicant should be required to measure inflow and outflow to verify no water is being stored outside the season of use.