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DateNameCompanyComment
07/31/2025Sarah LiljefeltDunn Carney LLPTo Whom It May Concern: My office represents the Applicant for Application G-19463, Athena-L, LLC. I am submitting these comments to the Initial Review issued June 27, 2025 on behalf of the Applicant. Overall, it appears that several errors in the Groundwater Review conducted February 10, 2025 led to negative findings in the Initial Review. Such errors are outlined below for further analysis and correction. Context for Application G-19463 Water Right Certificate 83608 is already associated with Applicant’s property, and allows use of groundwater from Well CLAC 12603 for irrigation. Application G-19463 merely proposes to allow irrigation outside of the typical irrigation season to allow propagation of year-round nursery plants at the property. OWRD has permitted year-round irrigation in other contexts where applicants explain the need for year-round irrigation, but the Applicant is willing to update the proposed use to “nursery operations use” if that would be preferred. The Groundwater Review states, “If a permit is issued, it should include a provision that prohibits simultaneous use with Certificate 83608, or if used in combination with Certificate 83608, the combined maximum rate not to exceed 0.39 cfs (175 gpm).” The author of the Groundwater Review seems to overlook the fact that the proposed season of use does not overlap with the season of use authorized by Certificate 83608. Rather, Application G-19463 requests a new water right during the period when Certificate 83608 cannot be used. The Capacity of the Resource is Not at Issue The Groundwater Review states, “The well log of the POA (CLAC 12603) reports a yield of 370 gpm, indicating the proposed rate of use of 0.039 cfs (~175gpm) is likely within the capacity of the groundwater resource. Water levels are steady (see Water Level Measurements in Nearby Wells). There are four observation wells within a mile of the POA, all with recent water level data. There have been declines in the past, but the most recent data indicate water levels are steady or increasing.” Thus, based on the steady or even increasing water levels in the area of the property, the proposed water use is obviously within the capacity of the resource. However, the Groundwater Review then goes on to confuse groundwater interference with nearby users with the capacity of the resource. The issue of well-to-well interference is addressed next, but it suffices to state here that interference is separate from the capacity of the resource issue. Moreover, please note that Application G-19463 was filed with OWRD before the new Groundwater Allocation Rules went into effect, so the Application must be analyzed under the regulations that were existing at the time the Application was filed. ORS 536.031. Groundwater Interference is Unlikely to Occur The Applicant currently uses groundwater from Well CLAC 12603 for irrigation under Certificate 83608. Such use of groundwater has been ongoing since the permit was issued in 1962 without a single complaint, to our knowledge, of interference between Well CLAC 12603 and any other well. Application G-19463 simply proposes to extend the season of use for Certificate 83608. Such extended season of use would occur during the late fall and winter, when the demand for water is lowest, and consequently when water supply is highest. Since no interference has occurred between Well CLAC 12603 and nearby wells during the height of the irrigation season, it is unreasonable to assume and conclude that interference will occur during the short season of use proposed by Application G-19463. Conclusion For the reasons stated above, Preliminary Determination No. 6 in the Initial Review should be revised to state that the proposed use of water in Application G-19463 is within the capacity of the resource. Consequently, OWRD must propose approval of the Application.
07/31/2025Sarah LiljefeltDunn Carney LLPTo Whom It May Concern: My office represents the Applicant for Application G-19463, Athena-L, LLC. I am submitting these comments to the Initial Review issued June 27, 2025 on behalf of the Applicant. Overall, it appears that several errors in the Groundwater Review conducted February 10, 2025 led to negative findings in the Initial Review. Such errors are outlined below for further analysis and correction. Context for Application G-19463 Water Right Certificate 83608 is already associated with Applicant’s property, and allows use of groundwater from Well CLAC 12603 for irrigation. Application G-19463 merely proposes to allow irrigation outside of the typical irrigation season to allow propagation of year-round nursery plants at the property. OWRD has permitted year-round irrigation in other contexts where applicants explain the need for year-round irrigation, but the Applicant is willing to update the proposed use to “nursery operations use” if that would be preferred. The Groundwater Review states, “If a permit is issued, it should include a provision that prohibits simultaneous use with Certificate 83608, or if used in combination with Certificate 83608, the combined maximum rate not to exceed 0.39 cfs (175 gpm).” The author of the Groundwater Review seems to overlook the fact that the proposed season of use does not overlap with the season of use authorized by Certificate 83608. Rather, Application G-19463 requests a new water right during the period when Certificate 83608 cannot be used. The Capacity of the Resource is Not at Issue The Groundwater Review states, “The well log of the POA (CLAC 12603) reports a yield of 370 gpm, indicating the proposed rate of use of 0.039 cfs (~175gpm) is likely within the capacity of the groundwater resource. Water levels are steady (see Water Level Measurements in Nearby Wells). There are four observation wells within a mile of the POA, all with recent water level data. There have been declines in the past, but the most recent data indicate water levels are steady or increasing.” Thus, based on the steady or even increasing water levels in the area of the property, the proposed water use is obviously within the capacity of the resource. However, the Groundwater Review then goes on to confuse groundwater interference with nearby users with the capacity of the resource. The issue of well-to-well interference is addressed next, but it suffices to state here that interference is separate from the capacity of the resource issue. Moreover, please note that Application G-19463 was filed with OWRD before the new Groundwater Allocation Rules went into effect, so the Application must be analyzed under the regulations that were existing at the time the Application was filed. ORS 536.031. Groundwater Interference is Unlikely to Occur The Applicant currently uses groundwater from Well CLAC 12603 for irrigation under Certificate 83608. Such use of groundwater has been ongoing since the permit was issued in 1962 without a single complaint, to our knowledge, of interference between Well CLAC 12603 and any other well. Application G-19463 simply proposes to extend the season of use for Certificate 83608. Such extended season of use would occur during the late fall and winter, when the demand for water is lowest, and consequently when water supply is highest. Since no interference has occurred between Well CLAC 12603 and nearby wells during the height of the irrigation season, it is unreasonable to assume and conclude that interference will occur during the short season of use proposed by Application G-19463. Conclusion For the reasons stated above, Preliminary Determination No. 6 in the Initial Review should be revised to state that the proposed use of water in Application G-19463 is within the capacity of the resource. Consequently, OWRD must propose approval of the Application.
07/31/2025Sarah LiljefeltDunn Carney LLPTo Whom It May Concern: My office represents the Applicant for Application G-19463, Athena-L, LLC. I am submitting these comments to the Initial Review issued June 27, 2025 on behalf of the Applicant. Overall, it appears that several errors in the Groundwater Review conducted February 10, 2025 led to negative findings in the Initial Review. Such errors are outlined below for further analysis and correction. Context for Application G-19463 Water Right Certificate 83608 is already associated with Applicant’s property, and allows use of groundwater from Well CLAC 12603 for irrigation. Application G-19463 merely proposes to allow irrigation outside of the typical irrigation season to allow propagation of year-round nursery plants at the property. OWRD has permitted year-round irrigation in other contexts where applicants explain the need for year-round irrigation, but the Applicant is willing to update the proposed use to “nursery operations use” if that would be preferred. The Groundwater Review states, “If a permit is issued, it should include a provision that prohibits simultaneous use with Certificate 83608, or if used in combination with Certificate 83608, the combined maximum rate not to exceed 0.39 cfs (175 gpm).” The author of the Groundwater Review seems to overlook the fact that the proposed season of use does not overlap with the season of use authorized by Certificate 83608. Rather, Application G-19463 requests a new water right during the period when Certificate 83608 cannot be used. The Capacity of the Resource is Not at Issue The Groundwater Review states, “The well log of the POA (CLAC 12603) reports a yield of 370 gpm, indicating the proposed rate of use of 0.039 cfs (~175gpm) is likely within the capacity of the groundwater resource. Water levels are steady (see Water Level Measurements in Nearby Wells). There are four observation wells within a mile of the POA, all with recent water level data. There have been declines in the past, but the most recent data indicate water levels are steady or increasing.” Thus, based on the steady or even increasing water levels in the area of the property, the proposed water use is obviously within the capacity of the resource. However, the Groundwater Review then goes on to confuse groundwater interference with nearby users with the capacity of the resource. The issue of well-to-well interference is addressed next, but it suffices to state here that interference is separate from the capacity of the resource issue. Moreover, please note that Application G-19463 was filed with OWRD before the new Groundwater Allocation Rules went into effect, so the Application must be analyzed under the regulations that were existing at the time the Application was filed. ORS 536.031. Groundwater Interference is Unlikely to Occur The Applicant currently uses groundwater from Well CLAC 12603 for irrigation under Certificate 83608. Such use of groundwater has been ongoing since the permit was issued in 1962 without a single complaint, to our knowledge, of interference between Well CLAC 12603 and any other well. Application G-19463 simply proposes to extend the season of use for Certificate 83608. Such extended season of use would occur during the late fall and winter, when the demand for water is lowest, and consequently when water supply is highest. Since no interference has occurred between Well CLAC 12603 and nearby wells during the height of the irrigation season, it is unreasonable to assume and conclude that interference will occur during the short season of use proposed by Application G-19463. Conclusion For the reasons stated above, Preliminary Determination No. 6 in the Initial Review should be revised to state that the proposed use of water in Application G-19463 is within the capacity of the resource. Consequently, OWRD must propose approval of the Application.
07/31/2025Sarah LiljefeltDunn Carney LLPTo Whom It May Concern: My office represents the Applicant for Application G-19463, Athena-L, LLC. I am submitting these comments to the Initial Review issued June 27, 2025 on behalf of the Applicant. Overall, it appears that several errors in the Groundwater Review conducted February 10, 2025 led to negative findings in the Initial Review. Such errors are outlined below for further analysis and correction. Context for Application G-19463 Water Right Certificate 83608 is already associated with Applicant’s property, and allows use of groundwater from Well CLAC 12603 for irrigation. Application G-19463 merely proposes to allow irrigation outside of the typical irrigation season to allow propagation of year-round nursery plants at the property. OWRD has permitted year-round irrigation in other contexts where applicants explain the need for year-round irrigation, but the Applicant is willing to update the proposed use to “nursery operations use” if that would be preferred. The Groundwater Review states, “If a permit is issued, it should include a provision that prohibits simultaneous use with Certificate 83608, or if used in combination with Certificate 83608, the combined maximum rate not to exceed 0.39 cfs (175 gpm).” The author of the Groundwater Review seems to overlook the fact that the proposed season of use does not overlap with the season of use authorized by Certificate 83608. Rather, Application G-19463 requests a new water right during the period when Certificate 83608 cannot be used. The Capacity of the Resource is Not at Issue The Groundwater Review states, “The well log of the POA (CLAC 12603) reports a yield of 370 gpm, indicating the proposed rate of use of 0.039 cfs (~175gpm) is likely within the capacity of the groundwater resource. Water levels are steady (see Water Level Measurements in Nearby Wells). There are four observation wells within a mile of the POA, all with recent water level data. There have been declines in the past, but the most recent data indicate water levels are steady or increasing.” Thus, based on the steady or even increasing water levels in the area of the property, the proposed water use is obviously within the capacity of the resource. However, the Groundwater Review then goes on to confuse groundwater interference with nearby users with the capacity of the resource. The issue of well-to-well interference is addressed next, but it suffices to state here that interference is separate from the capacity of the resource issue. Moreover, please note that Application G-19463 was filed with OWRD before the new Groundwater Allocation Rules went into effect, so the Application must be analyzed under the regulations that were existing at the time the Application was filed. ORS 536.031. Groundwater Interference is Unlikely to Occur The Applicant currently uses groundwater from Well CLAC 12603 for irrigation under Certificate 83608. Such use of groundwater has been ongoing since the permit was issued in 1962 without a single complaint, to our knowledge, of interference between Well CLAC 12603 and any other well. Application G-19463 simply proposes to extend the season of use for Certificate 83608. Such extended season of use would occur during the late fall and winter, when the demand for water is lowest, and consequently when water supply is highest. Since no interference has occurred between Well CLAC 12603 and nearby wells during the height of the irrigation season, it is unreasonable to assume and conclude that interference will occur during the short season of use proposed by Application G-19463. Conclusion For the reasons stated above, Preliminary Determination No. 6 in the Initial Review should be revised to state that the proposed use of water in Application G-19463 is within the capacity of the resource. Consequently, OWRD must propose approval of the Application.
07/31/2025Sarah LiljefeltDunn Carney LLPTo Whom It May Concern: My office represents the Applicant for Application G-19463, Athena-L, LLC. I am submitting these comments to the Initial Review issued June 27, 2025 on behalf of the Applicant. Overall, it appears that several errors in the Groundwater Review conducted February 10, 2025 led to negative findings in the Initial Review. Such errors are outlined below for further analysis and correction. Context for Application G-19463 Water Right Certificate 83608 is already associated with Applicant’s property, and allows use of groundwater from Well CLAC 12603 for irrigation. Application G-19463 merely proposes to allow irrigation outside of the typical irrigation season to allow propagation of year-round nursery plants at the property. OWRD has permitted year-round irrigation in other contexts where applicants explain the need for year-round irrigation, but the Applicant is willing to update the proposed use to “nursery operations use” if that would be preferred. The Groundwater Review states, “If a permit is issued, it should include a provision that prohibits simultaneous use with Certificate 83608, or if used in combination with Certificate 83608, the combined maximum rate not to exceed 0.39 cfs (175 gpm).” The author of the Groundwater Review seems to overlook the fact that the proposed season of use does not overlap with the season of use authorized by Certificate 83608. Rather, Application G-19463 requests a new water right during the period when Certificate 83608 cannot be used. The Capacity of the Resource is Not at Issue The Groundwater Review states, “The well log of the POA (CLAC 12603) reports a yield of 370 gpm, indicating the proposed rate of use of 0.039 cfs (~175gpm) is likely within the capacity of the groundwater resource. Water levels are steady (see Water Level Measurements in Nearby Wells). There are four observation wells within a mile of the POA, all with recent water level data. There have been declines in the past, but the most recent data indicate water levels are steady or increasing.” Thus, based on the steady or even increasing water levels in the area of the property, the proposed water use is obviously within the capacity of the resource. However, the Groundwater Review then goes on to confuse groundwater interference with nearby users with the capacity of the resource. The issue of well-to-well interference is addressed next, but it suffices to state here that interference is separate from the capacity of the resource issue. Moreover, please note that Application G-19463 was filed with OWRD before the new Groundwater Allocation Rules went into effect, so the Application must be analyzed under the regulations that were existing at the time the Application was filed. ORS 536.031. Groundwater Interference is Unlikely to Occur The Applicant currently uses groundwater from Well CLAC 12603 for irrigation under Certificate 83608. Such use of groundwater has been ongoing since the permit was issued in 1962 without a single complaint, to our knowledge, of interference between Well CLAC 12603 and any other well. Application G-19463 simply proposes to extend the season of use for Certificate 83608. Such extended season of use would occur during the late fall and winter, when the demand for water is lowest, and consequently when water supply is highest. Since no interference has occurred between Well CLAC 12603 and nearby wells during the height of the irrigation season, it is unreasonable to assume and conclude that interference will occur during the short season of use proposed by Application G-19463. Conclusion For the reasons stated above, Preliminary Determination No. 6 in the Initial Review should be revised to state that the proposed use of water in Application G-19463 is within the capacity of the resource. Consequently, OWRD must propose approval of the Application.
07/31/2025Sarah LiljefeltDunn Carney LLPTo Whom It May Concern: My office represents the Applicant for Application G-19463, Athena-L, LLC. I am submitting these comments to the Initial Review issued June 27, 2025 on behalf of the Applicant. Overall, it appears that several errors in the Groundwater Review conducted February 10, 2025 led to negative findings in the Initial Review. Such errors are outlined below for further analysis and correction. Context for Application G-19463 Water Right Certificate 83608 is already associated with Applicant’s property, and allows use of groundwater from Well CLAC 12603 for irrigation. Application G-19463 merely proposes to allow irrigation outside of the typical irrigation season to allow propagation of year-round nursery plants at the property. OWRD has permitted year-round irrigation in other contexts where applicants explain the need for year-round irrigation, but the Applicant is willing to update the proposed use to “nursery operations use” if that would be preferred. The Groundwater Review states, “If a permit is issued, it should include a provision that prohibits simultaneous use with Certificate 83608, or if used in combination with Certificate 83608, the combined maximum rate not to exceed 0.39 cfs (175 gpm).” The author of the Groundwater Review seems to overlook the fact that the proposed season of use does not overlap with the season of use authorized by Certificate 83608. Rather, Application G-19463 requests a new water right during the period when Certificate 83608 cannot be used. The Capacity of the Resource is Not at Issue The Groundwater Review states, “The well log of the POA (CLAC 12603) reports a yield of 370 gpm, indicating the proposed rate of use of 0.039 cfs (~175gpm) is likely within the capacity of the groundwater resource. Water levels are steady (see Water Level Measurements in Nearby Wells). There are four observation wells within a mile of the POA, all with recent water level data. There have been declines in the past, but the most recent data indicate water levels are steady or increasing.” Thus, based on the steady or even increasing water levels in the area of the property, the proposed water use is obviously within the capacity of the resource. However, the Groundwater Review then goes on to confuse groundwater interference with nearby users with the capacity of the resource. The issue of well-to-well interference is addressed next, but it suffices to state here that interference is separate from the capacity of the resource issue. Moreover, please note that Application G-19463 was filed with OWRD before the new Groundwater Allocation Rules went into effect, so the Application must be analyzed under the regulations that were existing at the time the Application was filed. ORS 536.031. Groundwater Interference is Unlikely to Occur The Applicant currently uses groundwater from Well CLAC 12603 for irrigation under Certificate 83608. Such use of groundwater has been ongoing since the permit was issued in 1962 without a single complaint, to our knowledge, of interference between Well CLAC 12603 and any other well. Application G-19463 simply proposes to extend the season of use for Certificate 83608. Such extended season of use would occur during the late fall and winter, when the demand for water is lowest, and consequently when water supply is highest. Since no interference has occurred between Well CLAC 12603 and nearby wells during the height of the irrigation season, it is unreasonable to assume and conclude that interference will occur during the short season of use proposed by Application G-19463. Conclusion For the reasons stated above, Preliminary Determination No. 6 in the Initial Review should be revised to state that the proposed use of water in Application G-19463 is within the capacity of the resource. Consequently, OWRD must propose approval of the Application.