Oregon Water Resources Department
Electronic Public Comments
Transfer: T 12639
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Steven McCoy
Friends of the Columbia Gorge
Friends of the Columbia Gorge (“Friends”) has reviewed and submits these comments on water rights transfer application T 12639. Friends is a non-profit organization with approximately 6,000 members dedicated to protecting and enhancing the resources of the Columbia River Gorge. Our membership includes hundreds of citizens who reside in the six counties within the Columbia River Gorge National Scenic Area (“Scenic Area”). ORS 196.110 (2) states: a state agency may not take action that must be reviewed for compatibility with an acknowledged comprehensive plan or land use regulation in the Columbia River Gorge National Scenic Area until the agency determines through written findings that the action is consistent with the purposes and standards as provided in sections 3 and 6(d) of the Columbia River Gorge National Scenic Area Act, P.L. 99-663, and the interim guidelines or the scenic area management plan. The water rights transfer application that was submitted by Union Pacific in T 12639 is necessary to complete a project proposed by the railroad and denied by Wasco County on November 10, 2016. That denial is currently under appeal to the Columbia River Gorge Commission. The County denied the permit because it does not comply with the County ordinance that implements the Columbia River Gorge National Scenic Area Act. Thus, under ORS 196.110 (2), the Department must deny this water rights transfer application and any other application that would allow the project to move forward without proper land use approval. In addition, Wasco County has indicated on the Land Use Compatibility Statement (LUCS) that the permit was denied. Pursuant to OAR 690-005-0035(4)(b)(C) the permit cannot be approved and pursuant to OAR 690-005-0035(4)(d)(B) the Department must deny the permit because the local land use approvals have already been denied. Friends asks that you deny water rights transfer permit T 12639 and any other water rights permits that would facilitate the project denied by Wasco County. Thank you for your attention to this matter.