Oregon Water Resources Department
Electronic Public Comments
Application: S 88820
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Name
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Comment
Spencer Sawaske
Oregon Department of Fish and Wildlife
This is a jointly issued public comment by the Oregon Department of Fish and Wildlife and the Oregon Department of Environmental Quality. The Oregon Department of Fish and Wildlife (ODFW) and Oregon Department of Environmental Quality (DEQ) support the Required 25 Percent Instream Flow Protection (RIFP or 25% instream requirement) for water storage projects funded through the Oregon Water Resources Department (OWRD) Water Project Grants and Loans funding opportunity. ODFW provided consultation on the timing and rate of instream water release, as outlined in rule (OAR 690-093-0110(3)), and understands that OWRD is currently developing water right conditions based on this consultation. During the collaborative consultation process, ODFW requested water temperature data be collected by the grantee as a condition of the water right permit to minimize any unintended impacts to water quality and fish life in an area with sensitive, threatened, or endangered species and known temperature excesses. Unfortunately, OWRD was unable to incorporate ODFW’s water temperature monitoring request under the consultation process due to limitations related to required monitoring under Division 93. Therefore, ODFW and DEQ are providing these additional comments on the secondary water right application under the public interest review to further clarify how the proposed release can be conditioned to protect the public interest (OAR 690-310-0120). In order to demonstrate the environmental benefits of the 25% instream requirement for releases from Painted Hills Reservoir into Bridge and Bear Creeks for instream uses, and prevent impairment of the public interest related to protection of commercial and game fishing, wildlife, and water quality (i.e., the specific public interests under ORS 537.170(8) that would be affected by the proposed use per OAR 690-310-0120(a)(A)), ODFW and DEQ recommend the following condition be added to the permit issued for S-88820: “The permittee shall collect water temperature data for the first five years of the project operation to determine if and when the temperature of released water is greater than the receiving stream’s water temperature. Hourly water temperature data shall be collected from Bridge Creek both upstream and downstream of the discharge point and from the reservoir outflow pipe during the release period. The data shall be submitted by the end of each calendar year to ODFW and DEQ for analysis. If the 5 years of data indicate that there are repeated instances when the released water is warmer than Bridge Creek water (based on daily maximum and average values), ODFW and DEQ will notify the Oregon Water Resources Department (Department) of the findings and work with the Department to determine a revised release strategy for the Required 25 Percent Instream Flow Protection requirement. This revised release strategy shall remain in the permit and subsequent certificate file for the life of the project funded under the Water Supply Development Grant and Loan Program.” Without this condition, the public interest may be impaired by the reservoir releases contributing warmer water to Bridge Creek, and thereby, further impairing water quality in an area with known temperature excesses and cold-water dependent species already listed as sensitive, threatened, or endangered (i.e., specifically how the identified public interest would be affected per OAR 690-310-0120(a)(B)). Thank you for the chance to comment. We look forward to further collaboration on this project and many more to come. Sincerely, Spencer Sawaske, PhD, Hydrologist Oregon Department of Fish and Wildlife Don Butcher, Basin Coordinator Oregon Department of Environmental Quality