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DateNameCompanyComment
 Charles MessnerMessner Inc.As a landowner in Lake County, I am responding to the Oregon Water Resources Department Public Notice of Water Use Request, dated February 7, 2023 (the "Public Notice") With regard to the Instream Water Rights (ISWR) on page 6-8 of the Public Notice at this point in time the information provided to me as a landowner is insufficient for me to make any meaningful determination as to the potential impact to me, or any land that I have permission to use. However, I would add that the base data that the Oregon Department of Fish and Wildlife (ODFW) is relying on to claim for ISWR is fundamentality flawed and certainly not reflective of the current "Estimated Average Natural Flow”. Given that the very basis for the ISWR application is flawed, in good consideration I cannot provide my consent to any further processing of the applications filed by ODFW. Finally, I would add that as a Lake County Resident and Landowner, I have always collaborated with the County, State and Federal Agencies in partnership and cooperation. In regards to the ISWR, the State and Federal Agencies need to provide current and accurate data in order for landowners to effectively assess the impact of the ISWR. Please delay any proceedings on these instream water rights until January 2024 giving the landowners and county and state agencies time to assess collaboratively.
 Paul HouretHouret Cattle Company, Inc.March 9, 2023 To: Oregon Water Resources Department Re: Public Comment for Application IS-89313, IS-89314, IS-89317, IS-89309, IS-89311, IS-89316, IS- 89318, IS-89307, IS-89310, IS-89335 This letter is a formal protest in regard to in stream water rights (INWR) being filed by ODFW in Lake County. As a rancher and landowner in several locations in the county this proposed action will directly affect my operation. Farming and ranching are the lifeblood of Lake County, and water is the most valuable commodity that we have at our disposal. If you were to spend time here you would find that ranchers and farmers manage their water in a way that benefits their operation and in turn wildlife, waterfowl and fish. Water and water rights are at the core of the economic strength of the region. I consider the main flaw in this proposal is the data the decision is based on. At a meeting I attended in the fall of 2022 in Lakeview, one of the state leaders from ODFW stated that the ISWR application was based on stream flows gathered in the 1970’s. This data is greatly flawed and needs to be recalculated if this application is to go forward. As someone who is greatly impacted by these actions, I urge you to pause this process until correct stream flow data can be collected, preferably by an independent source. Correct decisions are made with correct data. Also, at the same meeting as mentioned above, an ‘’option B’’ was discussed. This option would allow for a collaboration between landowners and ODFW to discuss a middle ground that would satisfy the needs of both parties. At the meeting, the representative from ODFW agreed to this option but this soon changed when ODFW went ahead and filed their ISWR. I would like to see “option B” re-visited to see if an agreement and compromise could be reached. Thank you, Paul Houret
 Donald Shullanberger To: Oregon Water Resources Department Re: Public Comment for Applications IS-89313, IS-89314, IS-89317, IS-89309, IS-89311, IS-89316, IS-89318, IS-89307, IS-89310, IS-89335 The Lake County Commissioners would like to provide the following comments for the proposed ISWR applications listed under these streams within Lake County. Lake County lies in the rain shadow of the Cascade Range within a series of closed-basin watersheds. This region of Oregon is solely dependent on winter snow pack to feed stream flow and lake fill. Water availability and reliability is unpredictable as cycles of drought are not uncommon. The county is currently experiencing its third year of exceptional drought conditions, placing great challenges and hardship on the communities and species that rely so heavily on water. Unique to the closed basins of Lake County are endemic fish species. These fish species have evolved to become morphologically and genetically distinct, adapting to alkaline waters and fluctuating flows. Key to the survival of these species is connectivity to upstream refuge habitat during periods of drought. Limiting factors impacting population distribution and abundance include road infrastructure with perched culverts, irrigation diversions, and channel modifications that have degraded stream function and valued habitat. Our local land and water agencies, in particular the Lake County Umbrella Watershed Council (LCUWC) and the Lakeview and Fort Rock Soil and Water Conservation Districts (SWCDs) have done an amazing job treating our landscapes and improving water resources. From 2005 to present, the two partners have secured and spent over $12.4 million towards 54 stream projects that address fish passage, aquatic habitat, and riparian improvements, as well as irrigation efficiencies. Landowners have been willing to work with our local agencies, including local ODFW specialists, to achieve these important improvements. Between the LCUWC and the SWCDs, there is currently $916,264 in grant money earmarked for six Warner Valley stream projects and $737,903 focused on three Goose Lake Valley projects. Both funding numbers focus 80% of the funding towards materials and construction, much of which is spent with local contractors and construction companies. This demonstrates our economic reliance on these projects, as well as the ecological benefits they provide. Landowners are now reluctant to commit to these projects since ODFW gave notice of intent to file for ISWRs this past summer. This intent to file and the resulting stalemate in project work not only delayed or canceled important stream improvements, but has also resulted in less jobs created to complete the projects, and strained relationships with landowners that have been a vital part of LCUWC and SWCD success. Lake County hosted one of the state leaders from ODFW this last fall where 36 local landowners came to discuss potential ISWR requests at that time. It was very much appreciated that ODFW made this effort to come visit in person. We also had Representative Mark Owens there to help with discussions and potentially lead to options that ODFW and local landowners could work with which we have called “Option B.” Option B would allow for collaboration with ODFW and landowners to come up with a solution other than filing for ISWR to meet the needs of both. ODFW initially agreed to this collaboration to come up with a solution but soon changed direction and filed ISWR’s instead. ODFW has agreed to request to OWRD to put the ISWR’s on administrative hold to continue those discussions. The County intends to have future discussions with ODFW to see where we could agree. One of the issues we continue to hear is that the landowners are looking at the estimated average natural flow described in each of the applications. We understand that this is a model and the model was run from 1958 through 1987 using streamflow estimates from that time period to come up with an average. The estimated average is nowhere near reality in today’s streams being discussed. An example is IS-89313 Drake Creek where the model shows an estimated streamflow in July of 7.63 cfs to a low in January of 6.69 cfs. Drake Creek was extremely low due to drought and lack of snow pack. Instream water rights are not being met particularly in the summer months. The commissioners hear of examples like this across the county. The reason for this example is that when we go to discuss with landowners about options that we could discuss with ODFW concerning instream flows, we need a baseline that is true to real conditions to start with for average natural flow so that everyone is on the same page. Instead, we have a highly inflated estimated average natural flow that does not correlate with what is in today’s streams in Lake County. The ISWR applications we have received for Lake County show that OWRD is using these estimated average natural flows to determine what an allowable instream use would be. Decisions are only as good as the information that you have available. According to OAR 635-400-0015 (10)(b) Instream flow requirements greater than 70 percent or less than 30 percent of the naturally occurring stream flows or water surface elevations for any given time period shall be evaluated for appropriateness of the requirement in relation to naturally occurring stream flows or water surface elevations. Because a recent and accurate assessment has not been done, it calls into question the validity of the data collected and how it applies to OAR 635-400-0015, and therefore also its appropriateness to the current situation. Lake County would like to see OWRD help with this situation to provide new numbers to come up with current cfs flow numbers that would give the County a new baseline to then discuss protecting instream flows. This information would be extremely valuable in collaborating with ODFW to further discuss an Option B in lieu of an ISWR. Lake County would like to continue with the administrative hold on these ISWR so that we can work to together towards other solutions other than an ISWR. Lake County does not support the ISWR applications currently up for review. We feel that the economic impacts would be significant and the proposed use will impair or be detrimental to the public interest. Without water, agriculture cannot survive especially in our high elevation, closed basin watershed so dependent on winter snowpack. We appreciate this opportunity to provide comment and are available for further conversations if needed. Sincerely, Barry Shullanberger James Williams Mark Albertson Chair Vice Chair Commissioner
 Justin & Jayna Ferrell As a landowner in Lake County I am responding to the Oregon Water Resources Department Public Notice of Water Use Request, dated February 7, 2023 (the "Public Notice") With regard to the Instream Water Rights (ISWR) on page 5-9 of the Public Notice at this point in time the information provided to me as a landowner is insufficient for me to make any meaningful determination as to the potential impact to me, or any land that I have permission to use. However I would add that the base data that the Oregon Department of Fish and Wildlife (ODFW) is relying on to claim for ISWR is fundamentality flawed and certainly not reflective of the current "Estimated Average Natural Flow”. Given that the very basis for the ISWR application is flawed, in good consideration I cannot provide my consent to any further processing of the applications filed by ODFW. Finally, I would add that as a Lake County Resident and Landowner, I have always collaborated with the County, State and Federal Agencies in partnership and cooperation. In regards to the ISWR, the State and Federal Agencies need to provide current and accurate data in order for landowners to effectively assess the impact of the ISWR. Please delay any proceedings on these instream water rights until January 2024 giving the landowners and county and state agencies time to assess collaboratively.
 Mary WoodworthAdel Water Improvement DistrictThese comments are provided by the Adel Water Improvement District in response to Oregon Department of Fish and Wildlife’s (ODFW) application (IS-89309) for instream water rights (ISWR) on a reach of Twentymile Creek. Twentymile Creek is part of the watershed that feeds into the closed Warner Lakes Subbasin, in southeastern Lake County. Adel Water Improvement District (AWID) is a water right holder that uses the water when it reaches the valley floor for agricultural irrigation and livestock watering. This creek and the others in this watershed are dependent on annual winter snowpacks, making water flows, availability, and reliability unpredictable from year to year and season to season. Over the last several years AWID has worked with Lake County Umbrella Watershed Council, Oregon Department of Fish and Wildlife (ODFW), Lakeview Soil and Water Conservation District, the United States Fish and Wildlife Service (USFWS), the Bureau of Land Management (BLM), and the United States Forest Service (USFS), to replace and upgrade the primary irrigation structures within our system. These projects were done for habitat conservation of native fish species, fish passage, fish screening and irrigation efficiency. To realize these goals the partners determined that a change to the point of diversion (POD) was necessary. This project, and the good that came with it, may not have happened, if changing that POD would have jeopardized or altered the water right due a finding of injury to a junior water right holder. We understand that, if approved, ODFW’s instream water rights will be junior to all existing water rights, the concern of the district is that if an instream water right is approved, ODFW may claim an injury if we apply for any changes to our points of diversion. The District will definitely take this into account before undertaking any projects that require a change to our water rights and will weigh the risks carefully against the conservation and efficiency benefits. AWID’s position is that the available water in this watershed has been allocated, especially on the reach applied for by ODFW. The arable land is already under production and irrigation and topography to create storage is limited. We acknowledge ODFW’s policy is to use this application to meet the goals of Oregon’s Integrated Water Resource Strategy’s instream needs. But in this rural, rugged closed basin water the application is superfluous and will create a regulatory hindrance to the conservation work that has been happening in the Warner Lakes Subbasin.
 Jason JaegerLake County StockgrowersThe purpose of these comments is to voice the Lake County Stockgrowers apprehension concerning the Oregon Department of Fish and Wildlife’s (ODFW) recent application for instream water rights, specifically concerning Twentymile Creek (Application IS-89309). Upon a cursory review of the aforementioned application, some of the methodology comes into question specifically the assessment of the estimated average natural flow. While we appreciate the need to assess the estimated natural flow, in the interest of using scientific data, we request that ODFW use actual stream flows. For many of the applications in Lake County, estimates were used, however actual stream flows are available. In streams that do not have monitoring stations, monitoring should be done to determine actual and current mean flows, especially when you consider the fact that many streams in Lake County can fluctuate wildly, especially in the spring and early summer months. Given that many of the streams have already been over adjudicated at this point, we feel that a more recent assessment of stream flows available AND stream flows needed, would be prudent. Due to the effects of climate change and subsequent changes in precipitation amounts and timing, stream flows have changed dramatically in the past 30 years. For example, in the case of Twenty Mile Creek, data that ODFW used to estimate monthly flows is markedly different than the data from the Oregon Water Resources Department. For example, ODFW states for the months of January, February, March, April, May, and June Estimated Average Natural Flows in CFS are as follows; 8.21, 20.7, 70.7, 81.6, 90.2, and 41.3 respectively. Oregon Water Resources Departments gauging station reports that in those some months looking at a 30 year average there were the following CFS; 42, 65, 136, 104, 98, 46 respectively. Looking at a 10 year average for the same data the numbers from Oregon Water Resources Departments the CFS were as follows; 22, 80, 92, 86, 65, 24 respectively. This clearly shows that Estimated Average flows have changed and therefore the amount of water requested for instream use should be reassessed to account for climate change, something that was not a factor in the original studies that were used by ODFW in determining the need for in stream water rights. According to OAR 635-400-0015 (10)(b) Instream flow requirements greater than 70 percent or less than 30 percent of the naturally occurring stream flows or water surface elevations for any given time period shall be evaluated for appropriateness of the requirement in relation to naturally occurring stream flows or water surface elevations. Because a recent and accurate assessment has not been done, it calls into question the validity of the data collected and how it applies to OAR 635-400-0015, and therefore also its appropriateness to the current situation. We also call into question the use of the Oregon Method in determining required stream flows, when according to OAR 635-400-0015, the IFIM method should be used if resources are available. Given that the data for the Oregon method was completed over 30 years ago, it would seem that since time does not seem to be the essence, a more thorough examination of the current conditions would be prudent. I light of all of the stream restoration and fish passage work that has been done in Lake County by private landowners, public land managers, and private conservation entities, the Lake County Stockgrowers believes that a more current assessment of the stream conditions, and thusly the amount of in stream water flows needed, should be reassessed. Sincerely, Jason Jaeger Lake County Stockgrowers President