Now when cities seek to tap into lakes,
rivers or streams, fish may have something to say about it

By Gwyneth Gibby
Corvallis Gazette-Times
June 24, 2007
Water. We use about 408 billion
gallons every day in the United States, according to the U.S. Geological
Survey. That’s over 1,000 gallons a day for every citizen. We use it
to make electricity, to irrigate crops, we bathe in it and use it to
make lemonade and beer.
In 2005, the Oregon legislature decided if there was one creature by
which to measure the health of our rivers and lakes, it was a fish.
Since then, fish such as steelhead, chinook, chub and lamprey must be
considered when people get permission from the state to use water.
There are about 100
municipalities, including Corvallis, Salem and Adair Village, whose
water use permits are up for extension. Permits are granted for limited
amounts of water and for limited spans of time, and periodically they
must be reviewed by the Oregon Water Resources Department.
Now fish that are listed as
“sensitive,” “threatened” or “endangered” by either the
state or the federal government must be taken into account in approving
those water permits. The Oregon Department of Fish and Wildlife is
charged with making sure listed fish “persist,” or survive.
It’s an unprecedented situation in Oregon, and only two of the cities
or water districts applying for extensions to their permits are moving
ahead to see if they are approved. All others have placed their
applications on hold, waiting to see what happens.
The “persistence of fish” is not a legal term, so ODFW, the League
of Oregon Cities and environmental groups such as Water Watch of Oregon
have all contributed their opinions about what it should mean. Rick
Kepler at ODFW said the listed fish are already in jeopardy. So for them
to survive over a period of years, their environment must show some
improvement, not just maintain the status quo.
Willie Tiffany, from LOC, said that definition puts an undue burden on
cities who need to grow and serve their residents.
“(Municipalities) withdrawing water, if there is any impact, you’d
have to put water back,” Tiffany said, if they use the ODFW
definition. “Bucket for bucket.“
That’s just not possible for cities that are expanding.
The two applicants moving ahead are the Tualatin Valley Water District
and a group of eight permit-holders on the Clackamas River. The TVWD
needs water and needs it now, so its permit extension became a test case
to see how the competing interests would sort themselves out and still
comply with the law. TVWD is on the brink of getting approval.
“We’ll be getting all of the signatures to approve the agreement,
hopefully within a couple of days,” Dwight French, an administrator at
Water Resources Department, said Friday.
That will mean TVWD can move ahead with plans to use an additional 130
million gallons of water per day. The process hasn’t been smooth
sailing. After months of negotiation, TVWD has agreed to adjust its
withdrawal of water from the Willamette according to a designated level
of flow that fish require to spawn at designated times of the year. If
the flow goes down below a certain level, then TVWD has to decrease the
amount of water it uses.
“If the river is down by 8 percent,” said Debbie Colbert of Water
Resources, “then the water district will have to decrease its usage by
8 percent.“
There is a ceiling of 20 percent. Measurements of flow will be taken
monthly at Salem, according to Colbert. She said TVWD asked to be able
to manage their own usage rather than have the state do it. They believe
if they know the parameters, they can adjust to meet them.
That’s all very well for TVWD. They have an alternate water source
from the city of Portland if the Willamette gets low. But cities like
Corvallis don’t have the same back-up supply.
“We don’t, and that was one of my concerns,” said Tom Penpraze,
utilities division manager for Corvallis. “We do have the Rock Creek
water supply, but when we need it the most, in the summer, it dries
up.“
Corvallis wants to be able to use up to 31.5 million more gallons per
day than the 26.7 million it currently uses. Penpraze has asked the
state to extend the permit to the year 2075. If Corvallis is forced to
reduce water withdrawals because of low flow in the Willamette, the city
could be in a bind and water rationing could be the result sometime in
the future. But Corvallis is fine for now.
So Penpraze watches and waits to see what happens in the TVWD case.
But the situation in Adair Village, which also draws its water from the
Willamette, is more urgent. Adair’s water treatment plant and pipes
were built during World War II when the city was Camp Adair. Tests have
shown that as much as 45 percent of the treated water from their plant
is not making it to consumers because of leaks. A recent study by a firm
of consulting engineers estimates it will cost Adair $11 million to
build a new plant to meet existing need.
And Adair is planning to grow. It recently voted to extend its urban
growth boundary adding as many as 600 new homes and has been taking
steps to clean up the Boise-Cascade industrial property for future use.
Both of those projects would use more water than is now available with
the aging system.
One solution is to follow the model of the water districts on the
Clackamas River. There, eight municipalities and districts with permits
have gotten together to create a plan on a basin-wide scale, according
to Colbert. Those regional solutions to water management may be the wave
of the future.
Adair now uses about 1.9 million gallons of water a day. It has a
permit, under review by Water Resources, to allow it to use almost 53
million gallons, much more than its projected need.
“We have an opportunity to become a regional water supplier,” said
Adair Mayor Bill Currier.
Both Albany and Corvallis have expressed interest in collaborating with
Adair to develop its permit. Albany has been active in that effort,
particularly to provide water for North Albany.
And Adair needs money to build a new plant. With a population of about
920, the city can’t come up with $11 million on its own.
“Most likely we would partner with a neighbor such as the City of
Albany to fund a new facility,” Currier said. And soon. “Hopefully
we can make some kind of agreement within 60 days.”
An additional requirement for permit extensions is for cities to develop
and present water conservation plans. Penpraze said Corvallis is ahead
of the game there, because the city has been developing conservation
plans for years even though they were not required by the state.
Adair has kicked into high gear to develop and plan, with meetings set
for July to consult with engineers and possible partners.
In the meantime, all eyes are on the Willamette River and the Tualatin
Valley Water District. And on the fish.
Gwyneth Gibby can be reached at 758-9548 or gwyneth.gibby@lee.net.
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