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DateNameCompanyComment
06/27/2025Brian PosewitzWaterWatch of OregonThe application proposes to divert water from Two Mile Creek at three points of diversion and to convey that water to a 93.2 acre-foot reservoir away from the stream channel. According to the watermaster, the proposed reservoir will injure existing water rights unless diversions are limited to December through March. According to ODFW, the proposed reservoir will have a significant detrimental impact on existing fishery resources – which include Coho and Chinook salmon, winter steelhead, lamprey and cutthroat trout – unless diversions are limited to February and March. ODFW’s analysis assumes the reservoir will be away from the stream channel such that there is no dam, reservoir or obstruction in Two Mile Creek that obstructs fish passage or requires flow in the creek to pass through a pool of impounded water. Under ORS 537.409, the application needs to be denied if the proposed use will injure existing water rights or have a significant detrimental impact on existing fishery resources. This application should therefore be denied or, if not, conditioned as follows: 1. Diversions should be limited to February and March based on ODFW’s advice. There should also be a rate limitation on diversions to prevent the applicant from diverting too much water at one time during the limited storage season and thereby injuring existing water rights, including the instream water right referenced in ODFW’s comments, or reducing flows below levels necessary to protect fish. According to the WARS, net water available in February and March (at 80% exceedance) is 7.3 cfs and 3.55 cfs, respectively. If the applicant decided to fill its 93 acre-foot reservoir in one day, it would require diverting at a rate of approximately 47 cfs, which illustrates the need for a limit on the rate of diversion. 2. Any permit should be explicitly conditioned to require that the reservoir be located outside the stream channel and that no dam, reservoir or other artificial obstruction be located in the creek or impede fish migration or impact flows outside the permitted storage season. These are assumptions of the analysis that should be included in the permit. 3. Any permit should requires measurement and reporting to ensure compliance with the limited storage season, volume limitations and other permit conditions. Thank you for considering these comments.