Minimum Streamflow DiscussionMinimum Streamflow DiscussionAugust 23, 2012August 23, 2012

IntroductionsIntroductionsBackground & Current AuthoritiesBackground & Current AuthoritiesConversion ProcessConversion Process– MethodologyMethodology– ContractContract– Change of Character of useChange of Character of use

Adopted - Coast Fork & CalapooiaAdopted - Coast Fork & CalapooiaComparisons MPSF / BiOp flow / mean Comparisons MPSF / BiOp flow / mean monthly flows monthly flows Next StepsNext Steps

Willamette Basin Minimum Willamette Basin Minimum Perennial Streamflow ConversionsPerennial Streamflow Conversions

Live stream flows without stored Live stream flows without stored water components have been water components have been convertedconverted

Of the 23 Minimum Perennial Of the 23 Minimum Perennial Streamflows with stored water Streamflows with stored water components; two have been resolvedcomponents; two have been resolved– Coast Fork Willamette River 1997Coast Fork Willamette River 1997– Calapooia River 1991Calapooia River 1991

Minimum Perennial StreamflowsMinimum Perennial StreamflowsORS 536.300 & 536.340

Information required by ORS Information required by ORS 537.346 for Conversion of stored 537.346 for Conversion of stored

water MPSFwater MPSF

Identified method to determine the Identified method to determine the specific quantity of water released specific quantity of water released from storage to satisfy the stored from storage to satisfy the stored water component of the in-stream water component of the in-stream water right.water right.

Contract for the release of the stored Contract for the release of the stored waterwater

Example options for methodologyExample options for methodology

Water management using fixed flowsWater management using fixed flows– MPSFMPSF– BiOp FlowsBiOp Flows

Flows identified for beneficial use Flows identified for beneficial use according to habitat needs for life according to habitat needs for life stage of target species for example:stage of target species for example:– Instream Flow Incremental Methodology Instream Flow Incremental Methodology

(IFIM)(IFIM)– Physical Habitat Simulation (PHABSIM) Physical Habitat Simulation (PHABSIM)

Goals of Basin ReviewGoals of Basin Review(Reservoir Study)(Reservoir Study)

Authorize a full range of beneficial uses (including Authorize a full range of beneficial uses (including anadromous fishery and water quality needs, anadromous fishery and water quality needs, municipal and industrial water supply, municipal and industrial water supply, recreation).recreation).Develop an operational agreement for low-flow Develop an operational agreement for low-flow years.years.Determine appropriate institutional Determine appropriate institutional arrangements.arrangements.Investigate options to improve reservoir refill and Investigate options to improve reservoir refill and reduce downstream erosion during reservoir reduce downstream erosion during reservoir drawdown.drawdown.Address municipal and industrial water demands Address municipal and industrial water demands and constraints.and constraints.

Willamette River BiOp Willamette River BiOp Willamette Fish Recovery PlanWillamette Fish Recovery Plan

Both list conversion of MPSF Both list conversion of MPSF

Several of the Willamette Action Team Several of the Willamette Action Team for Ecosystem Restoration technical for Ecosystem Restoration technical teams have flow, fish passage and teams have flow, fish passage and habitat as responsibilitieshabitat as responsibilities

The North and South Santiam Rivers The North and South Santiam Rivers have had a flow assessment for fish have had a flow assessment for fish needsneeds

Conversion ProcessConversion ProcessGather information and develop a draft Gather information and develop a draft Proposed Final Order as required by ORS Proposed Final Order as required by ORS 537.343 (needs methodology)537.343 (needs methodology)Review by Water Resources Commission Review by Water Resources Commission as required by ORS 537.346 Conversion of as required by ORS 537.346 Conversion of MPSF to in-stream water rights; special MPSF to in-stream water rights; special provisions for Willamette Basin provisions for Willamette Basin Allow for a contested case under ORS Allow for a contested case under ORS 537.170537.170Issue Final OrderIssue Final OrderIssue Instream Water Rights Certificate Issue Instream Water Rights Certificate (needs transfer & contract)(needs transfer & contract)

Implications for OperationsImplications for Operations

Timing of reservoir fillTiming of reservoir fill

Recreation facilitiesRecreation facilities

Power productionPower production

Need for greater coordination Need for greater coordination

Live stream flow rights junior to the Live stream flow rights junior to the MPSF 6/22/64 priority dateMPSF 6/22/64 priority date

Conservation Pool CertificatesConservation Pool CertificatesR 29397 (1954 R 29397 (1954 Senior to MPSF)Senior to MPSF)– Cottage GroveCottage Grove– DorenaDorena– Fern RidgeFern Ridge– Lookout PointLookout Point– DetroitDetroit

R 49396 (1968 R 49396 (1968 Junior to MPSF)Junior to MPSF)– Hills CreekHills Creek– CougarCougar– Blue RiverBlue River– Fall CreekFall Creek– FosterFoster– Green PeterGreen Peter

Other issues to addressOther issues to addressExisting water right certificates Existing water right certificates – A change of character of use will be A change of character of use will be

neededneeded

Pending reservations of waterPending reservations of water– AgricultureAgriculture– Municipal & IndustrialMunicipal & Industrial

Analysis of potential injury to existing Analysis of potential injury to existing water rightswater rightsWould a contract for the instream Would a contract for the instream water right require a NEPA process?water right require a NEPA process?

Next StepsNext Steps