To: Co-Chair Walker, Co-Chair Jenson
Members of the Ways and Means Natural Resources Subcommittee
From: John DeVoe, WaterWatch of Oregon
Teresa Huntsinger, Oregon Environmental Council
Brett Swift, American Rivers
Tom Wolf, Oregon Council Trout Unlimited
Bill Bakke, Native Fish Society
Mark Riskehahl, Northwest Environmental Defense Center

Date: March 31, 2009

Subject: Oregon Water Resources Department (WRD) Budget for 2009-2011, Proposed 20% and 30% Reduction to 2009-2011 Essential Budget Level

Thank you for your leadership during this challenging economic time. The listed organizations represent thousands and thousands of Oregonians from across the state who care deeply about Oregon’s waters. Basic management of Oregon’s water resources is one of the states most critical environmental and economic challenges. Eighteen out of nineteen of Oregon’s river basins are already over appropriated from the late spring to the early fall. At the same time, population growth and climate change are increasing the pressure on Oregon’s waterways and aquifers. Unfortunately, the state is also facing tough economic times. However, despite the challenging economic and budgetary climate, Oregon must make an adequate investment in water management if the state is to move forward towards addressing this challenge.

Accordingly, we believe that the base budget of the WRD should remain intact to the maximum extent possible. The WRD is already understaffed for the essential jobs it must perform. The WRD continues to operate with reduced capacity in key areas and under the damaging effects of multiple budget cuts during the 1990s and earlier in this decade.

While we recognize the need for fiscal restraint in this climate, Oregon’s economy and environment require at least minimal water management capacity to address the challenges presented by the intersection of climate change, economic and population growth and the needs of aquatic habitat and aquatic species. Unless we can find balance in these areas and provide capacity for WRD to manage the state’s water resources, all interests are going to lose.

Oregon has already granted over 85,000 water rights to date. Given the overappropriated state of most rivers in Oregon, as well as the increasing understanding of the connections between surface and groundwater, we believe the state should focus its attention on retaining those positions that are necessary to manage already existing water rights and to develop the scientific information necessary to inform sound surface and groundwater management, allocation and reallocation decisions. To shortchange the management and scientific capacity of the WRD in favor of continued processing of consumptive use applications and other transactions, as some have urged, is short sighted, and could cause irreparable harm to Oregon’s rivers and streams.

Assuming some cuts may be required, we respectfully request that the Committee prioritize retaining key water management, science, field service, regulatory and streamflow restoration positions over the more traditional transactional functions (i.e. water right permitting) when analyzing the proposed cuts. These identified functions are key to proper management of what is arguably the state’s most valuable resource – water.  Options already exist to provide funds for more transactional positions, including increased reliance on reimbursement authority or increased fees to support the necessary positions (currently the WRD only recovers 30% of the cost of application processing and currently there is no fee for water or the ongoing cost of water right administration, which theoretically never ends due to the perpetual nature of almost all water rights).

While we urge the Committee to keep the WRD’s budget whole, to the extent it must make cuts we urge the Committee to retain the following positions identified on the 20% and 30% reduction lists:

Proposed  20% Reduction of WRD 2009-2011 Essential Budget Level: 

1. The Oregon Plan Positions (four): Among other things, these positions administer the instream water right transfer work of the state, work that is absolutely critical to the recovery of Endangered Species Act listed species and restoring waterways suffering from the excesses and imbalances of historic water policy in Oregon. Climate change only increases the need for this capacity. These positions are critical to both the instream resources that benefit from water being returned to Oregon’s rivers and streams, and the many water users (irrigation districts and others) that rely on them to transfer and/or temporarily lease their water instream.  Whether these positions are fully funded under the WRD budget or funding is distributed between WRD and OWEB, these positions should be retained.

2.  The Water Availability Modeler position: This position ensures the accuracy of computer modeling used to determine if “wet” water is actually available to satisfy a proposed new use of water. While this sounds arcane, it is essential to prevent further overallocation of the state’s waterways and aquifers. The water availability modeler’s work is relied upon for many water allocation and reallocation decisions, as well as policy development. For instance, under the Oregon Water Code, water right applicants cannot obtain a water right unless there is “water available”. This position is critical to making that determination. Retaining this position is of critical importance to the proper management of Oregon’s waters.   Without this capacity, there will likely be even more contentious conflicts over water and increased pressure on the public values and ecosystem services provided by our waterways.

3. The Salem and Northwest Region Measurement Technicians and four Hydrographic Water Measurement Technician positions (Eastern, Southwest, South Central, North Central)(six positions): What gets measured gets managed. The 20% reduction scenario includes the proposed elimination of six positions that provide the WRD with critical streamflow data that is used in the WRD’s day-to-day management activities. The hydrographic team prepares streamflow, reservoir and precipitation data, as well as providing support to streamflow gauging efforts. Surface water flows in Oregon are overallocated statewide. Elimination of these positions will have a negative affect across a broad spectrum of water users— instream, irrigation districts, individual farms, cities and industry alike. Given limited water resources, as well as the new challenges resulting from population growth and climate change, it is imperative that this program remains whole. We cannot sacrifice limited measurement capacity if we ever hope to manage Oregon’s waters properly.

4. The Water Use Reporting Staff Position: This position is essential for the WRD to make use of the water use reporting data generated by water users across Oregon. Reporting and use of reporting data are essential to proper management of the state’s waters. We cannot address the effects of climate change and population growth or plan for Oregon’s water future if we do not understand patterns of water use across Oregon.

5. The Information Technology Processor Position:  This position maintains information for public use on the Department’s website. Without this position, the public will have little meaningful access to data and information that is essential for the public to understand how the waters of the state are being managed and allocated. Because all water from all sources of supply in Oregon belongs to the public, the public must have access to information about this most public of Oregon resources.

Proposed  30% Reduction of WRD 2009-2011 Essential Budget Level:  Of the nineteen positions identified to be cut under the 30% reduction scenario, five are of critical concern to the conservation groups named on this letter.   These include:

1.  Watermaster District 14 and the Northwest and Eastern Region Assistant Watermasters (three positions):  Retaining these positions should be of the highest priority. There are over 85,000 water rights in Oregon. Currently, less than 40 watermasters are tasked with managing these water rights on the ground. During the late 1980’s and early 1990’s local governments provided funding for as many as 40 assistant watermasters, who were hired to manage water and protect senior water rights. Today, less than 20 locally-funded watermasters remain. At the same time, demands on department field staff have increased. The number of new water rights issued has increase by over 15%, customer contracts and expectations are increasing, and the demand for accurate scientific streamflow and groundwater data for regulation to protect senior water rights and to address new and changing water demands in increasing.

2.  Ground Water Geologist and Ground Water Hydrogeologist (two positions): Nearly all rivers in Oregon are overallocated during the late spring, summer and early fall months. As a result, over the past decade the state has seen a large increase in groundwater applications for new uses. At the same time, there has been increasing concern about the effect of new groundwater pumping on existing senior surface and groundwater rights, hydraulically connected river flows and aquifer health. The groundwater staff positions are critical to ensuring the protection of our state’s groundwater resources, as well as the water right holders and rivers that rely on it.

Again, we cannot overstate the importance of funding the WRD to the fullest extent possible.  To the extent the state is forced to make cuts, we urge the Committee to consider the retention of the key water management, science, field service, regulatory and streamflow restoration positions identified above. Proper water management is essential to Oregon’s water future. We will shortchange Oregon’s environment and economy if we cannot make minimal investments in the WRD and balanced water management for the state.