Testimony of John DeVoe, WaterWatch of Oregon

Before the Senate Environment and Natural Resources Committee 

SB 193

February 10, 2009

Chair Dingfelder, members of the Committee, my name is John DeVoe. I am the Executive Director of WaterWatch of Oregon. Founded in 1985, WaterWatch is a non-profit river conservation group dedicated to the protection and restoration of natural flows in Oregon’s rivers. WaterWatch works to ensure that enough water is protected in Oregon’s rivers to sustain fish, wildlife, recreation and other public uses of Oregon’s waterways. We also work for balanced water laws and policies. WaterWatch has hundreds of members across Oregon who care deeply about our waterways, fish and wildlife and the effects of water laws and policies on these resources.

WaterWatch urges the Committee to support SB 193 only if it is amended to include the Oregon Department of Fish and Wildlife (ODFW) as a top tier planning agency. 

What the bill does: SB 193 directs the Water Resources Department (WRD) to develop an integrated state water resources strategy. The bill directs WRD to consult with the Department of Environmental Quality (DEQ) to develop this strategy and to develop data on an ongoing basis that forecasts Oregon’s water needs, including but not limited to in-stream, underground water, human consumption and water supply needs. The bill calls for WRD and DEQ to adopt the strategy through rules promulgated by the Water Resources Commission and the Environmental Quality Commission. These commissions also review the strategy every five years.

SB 193 should be amended to include ODFW as a top tier planning agency: ODFW is the state expert on the instream needs of fish and wildlife, possessing biological expertise that is absent at WRD and DEQ. ODFW has many roles with respect to water that distinguish ODFW from other state agencies. ODFW has been the primary agency in the application and defense of instream water rights, applying for over 900 such rights statewide. ODFW analyzes and/or comments on nearly all water allocation and reallocation decisions by the WRD, including the issuance of new water rights, transfer applications and determining fishery needs under municipal extensions. ODFW participates in nearly all WRD Rules Advisory Committees, as well as legislative task forces and/or work groups dealing with water. Moreover, ODFW is involved in most regional planning efforts regarding water supply, mitigation and other issues. Importantly, ODFW provides guidance on peak flow protection that should be incorporated into any discussion on future water supplies.  

ODFW’s extensive involvement in water issues set it apart from other state agencies. If Oregon is committed to developing a truly integrated state water strategy, the agency with the expertise on instream needs and values and the biological needs of fish and wildlife must be treated as a first tier agency, with powers and responsibilities equal to WRD and DEQ. We urge the Committee to adopt the attached amendments. 

Contact:
John DeVoe, WaterWatch of Oregon, 503-295-4039, john (at) waterwatch (dot) org

Kimberley Priestly, WaterWatch of Oregon, 503-295-4039, kjp (at) waterwatch (dot) org

Dave Moskowitz, Confluence Consulting, 971-235-8953, dmosk (at) confluenceconsultingnw (dot) com