Minimum Streamflow Discussion August 23, 2012 Introductions Background & Current Authorities Conversion Process – Methodology – Contract – Change of Character of use Adopted - Coast Fork & Calapooia Comparisons MPSF / BiOp flow / mean monthly flows Next Steps Willamette Basin Minimum Perennial Streamflow Conversions Live stream flows without stored water components have been converted Of the 23 Minimum Perennial Streamflows with stored water components; two have been resolved – Coast Fork Willamette River 1997 – Calapooia River 1991 Minimum Perennial Streamflows ORS 536.300 & 536.340 Information required by ORS 537.346 for Conversion of stored water MPSF Identified method to determine the specific quantity of water released from storage to satisfy the stored water component of the in-stream water right. Contract for the release of the stored water Example options for methodology Water management using fixed flows – MPSF – BiOp Flows Flows identified for beneficial use according to habitat needs for life stage of target species for example: – Instream Flow Incremental Methodology (IFIM) – Physical Habitat Simulation (PHABSIM) Goals of Basin Review (Reservoir Study) Authorize a full range of beneficial uses (including anadromous fishery and water quality needs, municipal and industrial water supply, recreation). Develop an operational agreement for low-flow years. Determine appropriate institutional arrangements. Investigate options to improve reservoir refill and reduce downstream erosion during reservoir drawdown. Address municipal and industrial water demands and constraints. Willamette River BiOp Willamette Fish Recovery Plan Both list conversion of MPSF Several of the Willamette Action Team for Ecosystem Restoration technical teams have flow, fish passage and habitat as responsibilities The North and South Santiam Rivers have had a flow assessment for fish needs Conversion Process Gather information and develop a draft Proposed Final Order as required by ORS 537.343 (needs methodology) Review by Water Resources Commission as required by ORS 537.346 Conversion of MPSF to in-stream water rights; special provisions for Willamette Basin Allow for a contested case under ORS 537.170 Issue Final Order Issue Instream Water Rights Certificate (needs transfer & contract) Implications for Operations Timing of reservoir fill Recreation facilities Power production Need for greater coordination Live stream flow rights junior to the MPSF 6/22/64 priority date Conservation Pool Certificates R 29397 (1954 Senior to MPSF) – – – – – Cottage Grove Dorena Fern Ridge Lookout Point Detroit R 49396 (1968 Junior to MPSF) – – – – – – Hills Creek Cougar Blue River Fall Creek Foster Green Peter Other issues to address Existing water right certificates – A change of character of use will be needed Pending reservations of water – Agriculture – Municipal & Industrial Analysis of potential injury to existing water rights Would a contract for the instream water right require a NEPA process? Next Steps