Oregon Water Coalition 2009 Annual Meeting

For the Oregon Water Coalition’s 2009 Annual Membership Meeting and Water Conference, Laura A. Schroeder, Cortney D. Duke, and Therese A. Ure will present a two hour seminar covering two main topics including:

1) Ground Water
a) Critical Ground Water
b) Division 33 Rules
c) Peak Flows

2) New Legislation
a) SB 1069
b) Long Term Planning
c) Columbia River Mitigation

The conference will be on Tuesday, January 27, 2009, from 8:30 AM to 1:15 PM at the Hermiston Conference Center. 415 S. Highway 395, Hermiston Oregon.

For registration and more information contact 541-567-6151




What would you do if you couldn’t use 2,4-D?

2,4-D is a herbicide commonly used to attack broad leafed plants, but it is less harmful to grasses. In agricultural applications, herbicide is applied to wheat, small grains, sorghum, corn, rice, sugar cane, low-till soybeans, orchards, rangeland, and pasture. Others mix it with other herbicides or pesticides for application onto non-producing lands such as roadsides, lawn turf and forestry. 2,4-D is one of the widest used herbicides in its class for weed control.

On November 6, 2008, the Natural Resource Defense Council (NRDC) filed a petition with the Environmental Protection Agency (EPA) requesting the EPA to revoke the use of 2,4-D via revoking all tolerances and canceling all registrations for the pesticide. NRDC believes that the petitioned action would create proper compliance with the safety standards of the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) and the Federal Food Drug and
Cosmetic Act (FFDCA), section 408, as amended by the Food Quality Protection Act (FQPA) of 1996.

You can submit comments to this petition that must be received by the EPA on or before January 23, 2009. Send comments to the EPA: 1) via following the links to submit comments online through the Federal eRulemaking Portal: http://www.regulations.gov, or 2) mail to: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.

Reference Docket No. EPA-HQ-OPP-2008-0877 on all comment submission to the EPA.

For more information go to: http://www.epa.gov/fedrgstr/EPA-PEST/2008/December/Day-24/p30527.htm




Removal-Fill Training

The Oregon Department of State Lands is holding a series of workshops covering the administrative rules pertaining to Removal and Fill permitting. These workshops will be very useful for anyone requiring a Removal-Fill permit within wetlands and waters of Oregon. To see a schedule of the time and place of the workshops please visit http://www.oregon.gov/DSL/docs/removal_fill_rule_hearings_nov2008.pdf




Statewide Water Roundtable: White Paper

Throughout the fall of 2007, facilitators from Oregon State University, private business and Representative Jackie Dingfelder, Chair of the House Energy and Environmental Committee,  conducted a series of roundtable meetings throughout the State of Oregon to discuss Oregon’s current water needs and priorities with water users and citizens of this state. The stated purpose of these meetings was to idenitify Oregon’s water issues, opportunities and threats as viewed by water users, water purveyors, local governments, environmental groups and citizens, with an eye toward developing an Oregon plan for long-term water supply. The Governor’s office, the Oregon Legislature and the Oregon Water Resources Commission were all represented at these  meetings.

The facilitators of these meetings have prepared a synopsis of the “findings” from each  roundtable held this fall. You can find and review the synopsis here: http://water.oregonstate.edu/roundtables/docs.htm




Bureau of Reclamation: Water for America River Basin Studies

The Bureau of Reclamation recently announced they are seeking letters of interest from non-Federal entities throughout the western states to conduct river basin or sub-basin studies.  The Bureau is conducting the studies as part of the Water for America initiative. The Basin studies are to be cost-shared on a 50/50 basis with state, tribal and local partners. Letters of interest must be received by regional Reclamation offices by February 4, 2009.

For more information  including regional office information please see: www.usbr.gov/wfa




Water Right: Application to Certificate

Applicants obtain water rights through Oregon Water Resources Department (OWRD) in a process dictated by statute and rule.  There are three general phases to obtaining water rights:

  1. Water Right Application
  2. Water Right Permit
  3. Water Right Certificate

The administrative process undertaken by OWRD from the application stage to the certificate stage is detailed and specifically governed by the applicable rules. Because the process can be extremely time consuming – taking at least 6 – 8 months to obtain a permit after submission of an application and 10 -15 years to obtain a certificate after perfection of a permit - it is important for an applicant to understand the rules and time-lines involved. Understanding the process can help “speed” the process along.  For a complete discussion of the administrative process and applicable time-lines please go to: http://www.water-law.com/resources/OregonProcessing.html




Boardman to Hemingway: Meeting in Ontario

A meeting was held on Monday, November 3rd wherein many landowners were educated on many issues surrounding the B2H high powered transmission project.

For more information on the meeting, follow this link: http://www.argusobserver.com/articles/2008/11/04/news/doc49108e808f901907365579.txt

Schroeder Law Offices was in attendance at this meeting and urged landowners to participate in submitting comments to the Bureau of Land Management and Oregon Department of Energy. Comments are due (and must be received by) November 14th and should be submitted to both agencies at the following addresses:

Boardman to Hemingway Project
Attn: Lucas Lucero
Bureau of Land Management
4701 N. Torrey Pines Drive
Las Vegas, NV 89301
Fax: (702) 515-5010
B2HComments@blm.gov

Boardman to Hemingway Project
Attn: Adam Bless
Oregon Department of Energy
625 Marion St. NE
Salem, OR 97301
Fax: (503) 373-7806
Adam.bless@state.or.us

For more information, or legal assistance in drafting comments, contact our office at 503-281-4100.




Water Rights Bootcamp

To get a working basic knowledge of water law in Oregon, consider attending a Water Law Bootcamp. Laura Schroeder teaches an all day educational water law seminar for free. The sponsoring organization, usually Water for Life, provides coffee and lunch and charges less than 25% of other similar continuing education accredited seminars.

As a former educator with a major in Theatre, Laura makes the day not only educational, but fun and entertaining! The day is filled with information on the history of water law; the prior appropriation doctrine; obtaining permits, extensions, transfers, and certificates; avoiding forfeiture and abandonment; and general due diligence tips related to water marketing.




Implications of Fort Vannoy

By Laura Schroeder 

After Ft Vannoy, permits or appurtenant water right certificates inside irrigation districts or organization are subject to third party determinations. Both landowners and irrigation districts/organizations should take action now to determine their own fates as to those permitted uses and water rights diverted, delivered, and/or in the name of the district or organization.

From the perspective of the landowner, SLO suggests that the landowner insist on a water delivery contract from the irrigation district/organization that allows the landowner the most control possible to lease, amend, transfer, or sell the permitted use or water right without irrigation district/organization intervention. SLO can work with landowners to create a form of appropriate water delivery contract for this purpose and negotiate with the district organization for its execution.

From the perspective of the irrigation district/organization, this is the appropriate time for the irrigation district/organization to update its bylaws and rules and regulations. The bylaws, rule and regulations should set out clearly a process to put the landowner/water right holder’ rights on notice of the rights and responsibilities between the parties as to water use leases, amendments, transfers, or sales for those water rights diverted, delivered, and in the name of the irrigation district/organization. SLO can work with the irrigation districts/organizations to provide the necessary legal documents and guide the irrigation districts/organizations under the statutes applicable for the adoption of bylaws, rules and regulations for this purpose.




The Boardman to Hemingway (B2H) Transmission Line Project may affect your property interests!

The B2H Project will construct a new high power (500 kilovolt) electric transmission line over 298 miles of private and public lands throughout North-Central to Eastern Oregon and Idaho. The B2H Project is currently scheduled to begin construction in 2011 and begin service in 2012. Between now and 2011, the project is undergoing the permitting and engineering phases. There are opportunities to participate and submit written comments!

This project will affect landowners’ property interests. Approximately 86% of the project crosses private land. The other 14% is land managed by the Bureau of Land Management, the United States Forest Service, the States of Oregon and Idaho, and other various public entities. In the last month, approximately 800 landowners received a mailing from Idaho Power providing notice of the project. These landowners hold property interests in the “notification zone.” Idaho Power will work to acquire easements, and or rights-of-way (ROW) with the private landowners. In some cases, Idaho Power may purchase the land in fee simple. If these options fail, Idaho Power will acquire easements and ROW through eminent domain.

The ROW will be approximately 250 feet wide, however, the proposed corridors, including alternate corridors, maintain a 2 mile width for evaluation purposes. The average distance between the 100 to 190 feet tall lattice steel towers and H-frame steel power structures will be 1200 to 1300 feet. The amount of land affected during construction includes 13,500 acres whereas the land affected during operation will include 7,550 acres. During the scoping meeting, each landowner is encouraged to provide written comment to question and discuss the limitations of these identified corridors. The landowner knows best!

Because this project traverses both public and private lands, two review procedures will occur simultaneously. These processes include National Environmental Protection Act (NEPA) compliance at the federal level via an environmental impact statement (EIS). BLM will be the lead agency in charge of the EIS. On a local level, the Oregon Department of Energy, Energy Facility Siting Council (ODOE-EFSC) reviews the Notice of Intent (NOI) received from Idaho Power. The NOI is then noticed to the public and persons can submit their written comments to the NOI which is available on the project website. The NOI was submitted on August 28, 2008.
-Public Written Comments to the EIS Scoping phase are due on November 14, 2008, and can be submitted to the Federal Project Manager, Lucas Lucero at 4701 N. Torrey Pines Dr., Las Vegas NV 89130.
-Public Written Comments to the ODOE-EFSC are also due on November 14, 2008, and can be submitted to the Energy Facility Analyst for ODOE, Adam Bless at 625 Marion St. NE, Salem OR 97301.

Transmission lines over private property do affect property values and options. Humans and animals are sometimes affected when living under or near transmission lines. Health and safety issues must be considered in light of the public need for these transmission lines.

Public information and scoping meetings are being held in October from 4:00 pm to 7:00 pm at the following locations. You are encouraged to attend!
• October 21: Marsing, Idaho (Marsing American Legion Comm. Cntr, 126 N. Bruneau Hwy)
• October 22: Ontario, Oregon (Four Rivers Cultural Cntr, 676 S.W. 5th Ave)
• October 23: Baker City, Oregon (Baker County Fairgrounds, 2610 Grove St.)
• October 28: Island City, Oregon (OSU Agricultural Service Cntr, 10507 N. McAlister Rd.)
• October 29: Pendleton, Oregon (Pendleton Convention Cntr, 1601 Westgate)
• October 30: Boardman, Oregon (Port of Morrow Riverfront Cntr, 2 Marine Dr.)

For more information, copy and paste this link in your brower: http://www.boardmantohemingway.com/default.aspx

At Schroeder Law Office we are versed in navigating through the permitting process, submitting comments to BLM and ODOE, and protecting property interests. Submitting comments is an imperative part in protecting your property interests. Please contact our office if you have any questions or desire to employ our assistance.




Statewide Water Roundtable: Salem Meeting

This fall, facilitators from Oregon State University, private business and Representative Jackie Dingfelder, Chair of the House Energy and Environmental Committee, have conducted a series of roundtable meetings throughout the State of Oregon to discuss Oregon’s current water situation with water users and citizens of this state. The stated purpose of these meetings has been to idenitify Oregon’s water issues, opportunities and threats as viewed by water users, water purveyors, local governments, environmental groups and citizens, with an eye toward developing an Oregon plan for long-term water supply. The Governor’s office, the Oregon Legislature and the Oregon Water Resources Commission have all been activity involved and represented at these meetings.

We encourage you to attend and participate the last meeting in the roundtable series on Tuesday, October 21 in Salem Oregon.  The meeting will be begin at noon and adjourn at 6:00 pm and is free of charge to attend. For more information please visit: http://water.oregonstate.edu/roundtables/




Recreation Contracts: An opportunity for owners of water storage facilities

Throughout the arid West, water users, state agencies and federal agencies have constructed reservoirs and ponds of varying size and capacity to store water for a variety of uses. Many irrigation districts or other water delivery organizations have acquired sizable reservoirs that were initially constructed by the Bureau of Reclamation or another federal agency for the storage of irrigation water.  These reservoirs create unique recreational opportunities for the citizens of the state who enjoy the use of these reservoirs for camping, fishing, boating and swimming.  In most circumstances, the recreational use occurring is promoted or encouraged by one or more state agency, though the state agency has no ownership interest in the facility.  

Owners of such facilities have a unique opportunity to enter into a recreational use contract(s) with the appropriate state agency to allow the recreational use. Recreational use contracts are beneficial to owner and operators of these facilities to protect the interests of the water organizations and users who use the water for irrigation and to maximize the fiscal opportunities to the organization.

Contracts for recreational use should include terms addressing:

1.Approved recreational uses and extent of recreational use;

2. Liability for injuries caused by recreational use;

3. Protection of stored irrigation water;

4. Duties and obligations regarding maintenance and repair work;

5. Reimbursement for maintaining a “minimum pool”.

These are a few, among many other, terms that should be included in a recreational use contract. Owners considering this action should consult legal counsel before entering a contract of this kind.




Time to Create Water Management Plans

With food prices at all time highs, agricultural market prices rising, and water rights at a premium, now is the time to plan for the future.  We suggest that water users create and update water management plans with an eye to water rights security, stability, and development.  A water management plan will analyze the current state of the water rights designated and appurtenant to property or other boundary and will provide a tool to consider options for their use, development or marketing.  One can begin this work by emailing Kelley Wesson for a water rights authorization packet.




Wind Power; Is it Worth It for the Landowner?

One can’t help but notice the increasing amount of wind-generation farms that are being installed throughout Oregon, Washington and the U.S.  At first glance, wind energy seems like a great idea with many people looking to jump on the bandwagon.  It provides clean renewable energy and helps stabilize energy costs and our nation’s dependence on foreign fuel sources.  However, it is not as simple as it may seem and careful feasibility and due diligence analysis must be made to determine if wind energy is right for you and your land.

There are three categories of systems that are available:

1.  Small Scale – for your own residential or commercial (office or farm) facility. These are small wind generation towers. These help to offset the individual owner’s utility costs.
Some of these systems allow the owner to be hooked up to the power grid, wherein any extra power the owner currently generates is fed directly to the grid.  Later when the owner needs power, they can take back from the grid at no-cost and use the credit on the power they previously supplied to the grid. This system is known as net metering. The owners power meter will actually track in both positive and negative directions.  Of course the owner doesn’t have to be connected to the grid and thus their power generation would be used at that moment in time unless additional equipment, like batteries, are installed to capture that generation – the stand alone system.
These smaller systems cost anywhere from $10,000 to $80,000 installed. They generally produce around 10 kilowatts (kW) to 25 kW in generating capacity, and can be up and running in about a year.

2.Community Program – group of landowners come together to install mid-sized wind generation towers and the power created is spread amongst the group.

3.  Large Scale and Utility Scale – wind farms that generate power to sell to distributors like PGE, Pacific Power, and Idaho Power for a profit.  These are the systems that usually produce 10 megawatts (“MW”) or more.  The cost is anywhere from $800,000 to $1,200,000 per turbine, in a multiple turbine system, and can be up and running in about five years, from first idea to completed construction.

Leasing the wind rights on your land to a developer is a viable option if you are not interested in going through the development process, and can provide you as the landowner with $3,000 to $4,000 per year for one 1.4 MW turbine, using .5 acre footprint that is spread over 50-75 acres of land.  Of course profit will be based on the amount of wind produced by that turbine, thus you want to make sure you have “windy land.”

The level of due diligence required to determine cost/benefits and feasibility will change depending on which system you are interested in.  The key things to remember and look at when assessing any of these systems are: goals including leasing versus developing, wind resources, amount of available land, energy needs or interconnection to the power grid, permitting through local and state governments, capital contributions available and amount of risk you are willing to assume, government grants and incentives and tax incentives and consequences.  There are different ways to structure these projects to make it worth the investment and minimize risks, but like property, each project is unique.  It is important to spend the time and money up-front in researching the opportunities and feasibility of any new business opportunity.

While the costs may ward off many potential developer candidates in prime site locations, there are several grants available for all systems including financing for the feasibility study.  There are also several different incentive programs available for project costs, taxes and production.  The range of these programs is great and should be considered specific to the proposed system.   With these grants and incentives, it can turn an $80,000 project into $10,000 project with a positive return on investment.  Thus with careful time and consideration spent up front, a landowner or company could turn this clean renewable energy resource into a profitable venture.




Oregon Food Manufacturing

While much of Oregon’s manufacturing industry as a whole continues to decline, food manufacturing has maintained a rather steady presence over the past 50 years.

Oregon Business Magazine recently published findings made by WorkSource Oregon that show that the industry has continued to support over 20,000 jobs in the state throughout all the ups and downs of the economy.  WorkSource’s website currently reports the figure to be at 23,200, up 0.4% over the last year, while manufacturing as a whole is down by nearly 4.0%. 

To view the article, click on the following link:

http://www.oregonbusiness.com/.docs/action/detail/rid/33278/pg/10002

For more information and statistics regarding Oregon’s economy, check out the following sites:

WorkSource Oregon.

http://www.worksourceoregon.org and http://www.qualityinfo.org

Northwest Food Processors Association.

http://www.nwfpa.org




Irrigation District is Holder of Water Rights Subject to Transfer

Written by Dominic Corollo

In early July 2008 the Oregon Supreme Court ruled that the party with an ownership interest in a certificated water right is the party who initiates and completes the statutory steps necessary to acquire the water right and certificate.  It is not necessarily the person who physically puts the water to beneficial use, or owns the land to which the water right is appurtenant.

 In a unanimous decision, the Court’s decision in Fort Vannoy Irrigation District v. Water Resources Commission that likely sent many irrigation districts sighing with relief, and some irrigators reeling.  Specifically at issue in the case was whether the petitioner, Ken-Wal Farms, Inc., was a “holder” of a water use “subject to transfer” as provided in ORS 540.510.  The transfer statues require a change in use or place of use be made by the “holder” of the water right.

In November 1999, Ken-Wal Farms applied to the Oregon Water Resources Department (OWRD) to transfer and consolidate the points of diversion associated with five certificated water rights to just two locations. The two new proposed points of diversion were owned and operated exclusively by Ken-Wal Farms and would not require any water to be delivered through Fort Vannoy’s facilities. Fort Vannoy protested the proposed change, arguing that the District was the “holder” and proper applicant for transfer of the certificates at issue.  In denying the protest, the Oregon Water Resources Commission (OWRC) concluded that the “holder” of the water right is “the owner of the land to which the right is appurtenant.”  OWRD ultimately issued a final order affirming the determination of OWRC allowing the transfer.

The District appealed the decision of OWRC to the Court of Appeals. The Court of Appeals reversed the decision. Supreme Court affirmed in the decision of the Court of Appeals earlier this month.

 Both courts rejected the notion that Ken-Wal Farms was the “holder” of the right despite Ken- Wal’s arguments that it was the holder of the certificate because (1) it is the party putting the water to beneficial use; and (2) owns the land where the certificated water is authorized for beneficial use.  Instead, after review of the legislative intent and statutory histoy the Supreme Court held that the District holds the ownership interest in the certificated water right making it the proper applicant for a transfer because it was the District who (1) applied for the water permits and submitted all the required paperwork to OWRD; (2) constructed the irrigation works that conveyed the water; and (3) requested the issuance of the water right certificates from OWRD. 

The Supreme Court’s decision also spoke to the trustee relationship between irrigation districts and their patrons.  The Court found that Ken-Wal Farms puts water to beneficial use as the agent of the District. In turn, the District holds the water right in trust for its patrons, rather than as the owner of the water right. The Court noted that a trust implies two estates – on legal and the other equitable. The Court found that the district hold legal title to the water right as trustee and the members hold equitable title as the beneficiaries. Appling the usual tenants of trust law to the facts, the Court reasoned that allowing individual patrons to make decisions affecting the management of the district would run afoul of the trust relationship.

What is not entirely clear from the Fort Vannoy decision is how it may affect other ownership issues. For instance, it is not clear how the Fort Vannoy principals would be applied to a situation where a water right is appurtenant to lands owned by multiple landowners, when or when no special district or other trust relationship is not involved.  However, the Court’s discussion about the trust relationship between an irrigation district and patrons gives strong authority for future arguments in favor of district management over water rights it delivers within its boundaries.  The Fort Vannoy decision effectively bifurcates the ownership interests one can have in a water right, thus, time will tell how the Department will now evaluate those ownership interests in other contexts.

            To read the entire opinion, see:

                        http://www.publications.ojd.state.or.us/S055356.htm

    




OWRD Announces Grant Program

The Oregon Water Resources Department recently announced that the Department has $1.6 million available for funding under the Water Conservation, Reuse and Storage Grant Program.  Under the Program, OWRD will match up to $500,000 in funding from another source for each project.  The intent of the Program is to encourage feasibility studies and environmental analysis to investigate “innovative water conservation and reuse programs and environmentally sound storage projects.”  Applications are due September 1, 2008, and to be eligible applicants must have funding from a source other than the Program secured or in the process of being secured.  The Oregon Legislature established the Program in SB 1069 during the 2008 Session.




Quagga Mussel Poses Threat to Western Water Systems

By Dominic Corollo

The House Subcommittee on Water and Power held a hearing adressing concerns over the impacts of invasive quagga mussels on Tuesday, June 24, 2008.

The hearing, entitled “The Silent Invasion: Finding Solutions to Minimize the Impacts of Invasive Quagga Mussels on Water Rates, Water Infrastructure and the Environment,” particularly focused on the threat the quagga mussels pose to water and power systems in the west.

The quaaga mussel is related the better-known zebra mussel.  Both species are thought to have been introduced to North America around 1988 from ballast water in ships from Eastern Europe entering the Great Lakes.  Since their introduction, both mussels have proliferated in the northern regions of the Midwest and have been documented in several western states, including California and Nevada.  Most scientists believe that quaggas have spread to new water bodies from the hulls of recreational boats.  In the right humidity and temperature range, the mussels can live up to a month out of water.

The quagga is a both a prolific feeder and breeder.  They rapidly filter algae out of the water, thereby altering the food chain and severely impacting ecosystems.  In addition to thriving off the nutrients in the water, the mussels rapidly reproduce and attach to both soft and hard surfaces, causing significant economic impact by clogging water intake structures, interfering with flows, decreasing pumping capacities, and impairing water quality.  At the hearing, aquatic specialist Dr. Charles O’Neill of Cornell University reported to the Committee that the impact of the quagga mussel has been felt across 23 states to the magnitude of $1 billion and $1.5 billion.  Dr. O’Neill explained that roughly one-half of the financial burden has been borne by the electric power generation industry, while the drinking water industry has paid out nearly one-third of the total cost. 

Researchers are still trying to develop effective methods for controlling the quagga mussel where it has already been established.  Thus, many states have implemented programs designed to increase public awareness and slow the spread of the mussel into new bodies of water.  In 2002, Oregon established the Invasive Species Council to address issues relating invasive species and the Oregon State Marine Board has a Clean Marina Program that encourages boaters to thoroughly clean their boats to prevent the transfer of invasive species between water bodies.  Fortunately, Oregon has yet to document the quagga anywhere in the state, but the mussel has already found its way into certain waters in California and Nevada. 

The quagga was first documented in the west in January 2007 when it was discovered in Lake Mead.  Since that time, the mussel has been recorded throughout the Lower Colorado system, including into California.  The Statesman Journal reports that the Southern California Metropolitan Water Authority spent $6 million last spring cleaning freshwater aqueducts of quagga mussels.

While western states are beginning to ramp up efforts to slow the mussel’s proliferation, the Committee hearing highlights just how large of a problem the mussels are causing.  Many people realize the destructive environmental effects of invasive species, but the effects the mussels are having on water systems are bringing this issue to the national level.

For people interested in learning more about invasive species, visit Oregon Invasive Species Council’s website at:   http://www.oregon.gov/OISC/ .   The Oregon Invasive Species Summit is scheduled for July 22, 2008.  To see a short video feature about the quagga mussel see the Oregon Public Broadcasting website link at: http://www.opb.org/programs/ofg/videos/view/11-Quagga-Mussles For a special report about the quagga mussel by the Statesman Journal see: http://www.statesmanjournal.com/apps/pbcs.dll/article?AID=/20080210/INVASIVE06/802100309/1034 For information regarding Oregon’s Clean Marina Program, see: http://www.boatoregon.com/OSMB/Clean/ANS.shtml




Draining Roslyn Lake Threatens to Dry up Local Wells

The recent draining of Roslyn Lake could pose potential problems for nearby homeowners that have relied on leaks from the lake to augment their shallow wells.

The manmade lake was scheduled to be drained for some time as a necessary step in decommissioning Marmot Dam on the Sandy River. PGE warned 22 homeowners that their wells would likely be affected, but the Oregonian reports that as many as 60 could see their wells dry up. PGE denies responsibility for any costs associated with having to drill deeper wells; cost that could reach $20,000 to $30,000.

Many residents feel that they were underrepresented in the administrative process leading up to the decision to drain Roslyn Lake. Certainly, this issue appears to have received little attention.

Unfortunately, injured residents that failed to comment on the removal project could have difficulty litigating this matter. However, with the trend of decommissioning diversion dam systems similar to Marmot, the situation serves as a reminder to rural homeowners to familiarize themselves with their water rights and the vulnerabilities of their water systems.

For the Oregonian’s account, see: http://www.oregonlive.com/




Tri-State Meeting

     The Oregon Water Resources Congress (OWRC), the Washington State Water Resources Association (WSWRA) , and the Idaho Water Users Association (IWUA) met in Spokane Washington on May 16, 2008 for the first of three Tri-State Meetings to be held this year.    

 OWRC, WSWRA, and IWUA are all organizations which promote the protection and use of water rights for its members though legislative action and policy development. The memberships of these organizations are primarily irrigation districts, canal companies and other special districts which supply or control water for agricultural use.    

The next Tri-State meeting will be held in Boise Idaho in August followed by a November meeting in Portland Oregon. To learn more about these organizations and their members go to:

OWRC: http://www.owrc.org/
WSWRA: http://www.wswra.org/
IWUA: http://iwua.org/