Oregon Water Resources Department
Electronic Public Comments
Application: R 87928
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Comment
Brian Posewitz
The application should be denied because it does not show that the criteria in ORS 537.409(1) will be met. In particular, the application does not show that the reservoir will have no significant detrimental impact on existing fishery resources. To the contrary, the ODFW comments say the reservoir will have a significant detrimental impact on fishery resources (for the reasons stated in the comments). The comments say the impact can be "mitigated," but that does not establish that no significant detrimental impact will occur (it might just be lessened), which is what the statute requires. Further, mitigating the impact with an egress channel as proposed will have a separate detrimental impact of releasing warmed water from the reservoir to Elk Creek at certain times of the year. This impact is not addressed. Finally, the detrimental impact of releasing non-native species into Elk Creek is not addressed other than to say the applicant should meet with ODFW's invasive species coordinator to look for a solution. Without knowing the extent of the problem or a specific proposed solution, there is no basis to conclude that the reservoir won't have a significant detrimental impact on fishery resources by introducing non-native species to Elk Creek. Thank you for considering my comments.