Testimony of John DeVoe
WaterWatch of Oregon
Before the Senate Environment and Natural Resources Committee
SB 194
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 194 only if is amended to clarify that it is the 2000 Water Resources Department (WRD) Water Measurement Strategy (“Strategy”) that the WRD will implement, that all tiers of that Strategy are to be implemented over time, and that the water users required to measure under this Strategy will also be required to report water use to the WRD. We also offer amendments to codify the WRD’s current practice of requiring measurement and reporting as a condition of use on new water rights.

The current draft of SB 194: Section 1 of the current draft of SB 194 calls upon the WRD to implement the WRD Measurement Strategy as described in section 2.  However, Section 2 fails to describe the Strategy and simply directs the Water Resources Commission to set up a task force to evaluate WRD implementation of the Strategy and make recommendations as to measurement of additional significant diversions, and to identify sources of funding. Section 3 directs the WRD to report back to the Legislature on any progress by 2012.

The history behind the bill: Under direction from the Water Resources Commission, in early 2000 the WRD developed the Strategy.  Among other things, the Strategy directed the WRD to:

1. Require measurement of significant diversion in priority areas, then
2. Phase in measurement of significant diversion statewide.

It has been nearly ten years since the Strategy was adopted. In that time, the WRD has identified approximately 2,200 significant diversions in priority watersheds. WRD also identified approximately 160 such diversions that were out of compliance with permit conditions requiring measurement. Approximately 80 of these non-compliant diversions are now measuring, but the others are not. The state has not yet inventoried significant diversions outside priority areas.

The proposed amendments to SB 194: To adapt to climate change and help secure a viable water future for Oregon, the state should require measurement and reporting. Water use measurement is the cornerstone of effective water management and efficient water use. It is a basic, common-sense tool that is necessary to provide good data on water use throughout the state, to help water users stay within their legal limits and use water more efficiently, and to help the state carry out its water management responsibilities. However, short of widespread measurement and reporting, at the very least, the WRD should be fully implementing the nearly decade old Strategy. The best route to achieve this would be to set mandatory deadlines for WRD to implement the Strategy. That said, WaterWatch understands that such an approach is likely impossible given proposed agency budget cuts and the current fiscal climate. Thus, to advance the Strategy, we propose amendments to SB 194 to achieve the following:

1. Make clear that the WRD will fully implement the 2000 Water Measurement Strategy as presented to the Water Resources Commission on January 13, 2000.
2. Require reporting of measured water use under the 2000 Strategy
3. Require a report to the Legislature each session (until the Strategy is fully implemented) on the details of Strategy implementation on significant diversions in priority areas and significant diversions statewide (including efforts to inventory such diversions).
4. Codify the WRD’s existing practice of requiring measurement and reporting of new surface water, ground water and reservoir rights.

While these suggestions fall far short of achieving the full benefits of measurement, these amendments will advance full implementation of the Strategy.

Summary: What gets measured, gets managed. Water measurement is a basic, common-sense tool that is necessary to provide reliable data on water use throughout the state, to help Oregon adapt to the effects of climate change and population growth, to help water users stay within their legal limits and use water more efficiently, and to help the state carry out its statutory water management responsibilities. These are important benefits, especially in the face of climate change, as Oregon must stretch existing water supplies to ensure that enough water is available to meet future instream and out-of-stream uses.

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