By Iris Chinook and Laura Mancuso | April 4, 2023 | Illinois Valley News
An agreement was reached Feb. 3rd between WaterWatch of Oregon and Q Bar X Ranch, providing for the removal of Pomeroy Dam. Installed in the 1940s, the dam has been in use by Q Bar X to divert water for irrigation for many years.
The dam has also been a focus of fish restoration efforts as it spans the entire reach of the river, creates warmer water temperatures, and does not provide for safe passage of migrating salmon. According to the American Rivers website, “A total of 1,797 dams have been removed in the U.S. since 1912. Many, perhaps most, of the more than 90,000 dams in the country are no longer serving the purpose that they were built to provide decades or centuries ago.”
A lawsuit filed June 22, 2022, on behalf of WaterWatch of Oregon and a national nonprofit organization called Earthjustice, which is dedicated to providing legal support for environmental groups, sought the protection of the critical Illinois River fish habitat.
According to a spokesperson from Q Bar X Ranch, “We didn’t have much of a choice. We were at the mercy of the laws of the State.” Oregon’s fish passage statutes (ORS 509.585(2) and ORS 509.610(3)) require the dam be removed or that adequate fish passage over the dam be provided.
Founded in 1985, WaterWatch of Oregon notes on their website it was the first organization in the West to seek structural reform of antiquated water laws to protect and restore rivers for recreational fishing and other non-industrial and agricultural uses.
The dam removal agreement, reached in early February, calls for Q Bar X Ranch and WaterWatch of Oregon to work together to remove Pomeroy Dam at no cost to Q Bar X Ranch. The agreement also provides new irrigation infrastructure for Q Bar X. “This is a good result. This is what WaterWatch of Oregon wanted all along,” said Janette K. Brimmer, senior attorney for Earthjustice’s Northwest office.
But not everyone is supportive of the Pomeroy Dam removal. Valley resident and developer Barbara Howard of Howard and Howard Investment Group, LLC, is opposed to the plans. “I have heard Q bar X Ranch and WaterWatch have reached, and signed, an agreement to remove the Pomeroy Dam,” she said. “I have concerns for our community, this town, our state park, and the environment at this time.”
“The reason for the removal of the dam is the fish ladder needs to be compliant with current standards. It is unprecedented to have an environmental group pursue a private dam owner. The Pomeroy dam is owned by Q Bar X. This agreement was signed without public input or knowledge. I would like to see the public informed on this subject every step of the way through the process. The fish ladder could be upgraded and there would be no negative impacts to the upstream spawning grounds or everyone that lives on the river,” wrote Howard in an email to the Illinois Valley News.
Howard said she met with Josephine County commissioner John West, Cave Junction city councilmember Ethan Lane, and former Josephine County commissioner Simon Hare on March 29th at Pomeroy Dam.
Councilmember Lane, who lives in Pomeroy River Estates, said he met with Howard after learning of the dam removal because it sounded like there were “too many unknowns.” According to Lane, “I was curious as to how the agreement took place between a private property owner and an environmental group.” Lane added his interest is to make sure proper channels were taken in the agreement, and he wanted to meet West and Hare at the meeting.
When asked if he thought the dam removal would change the view and ambience for Pomeroy Estate residents, Lane answered: “It’s hard to know what effects it will have on the flow of the river until we see the plans. I can tell you that I have been swimming in a hole below the dam and I have seen many fish there.”
Lane said the Savage Dam on the Rogue River and Pomeroy Dam on the Illinois River are “very different,” and that the Savage Dam shouldn’t be used as a point of reference.
Regarding the intentions of Commissioner West, Councilmember Lane said, “I think he just wants to get to the bottom of this and do what is right. His heart is in the right place.”
Illinois Valley News reached out to West for comment, but he was unavailable at the time of the paper’s deadline.
On the other side of the coin, WaterWatch of Oregon’s Southern Oregon program director Jim McCarthy said, “Offering dam removal at little to no financial cost to the landowner is WaterWatch’s standard practice for priority fish barriers such as Pomeroy Dam. According to the Oregon Department of Fish and Wildlife, Pomeroy Dam is the highest priority barrier for fish passage improvement in the entire Rogue River Basin, and among the highest priorities in all of Oregon, because depending on the season it blocks or impedes passage to over 100 miles of salmon and steelhead habitat. Pomeroy’s small reservoir heats up the water more than a free flowing river would in that stretch.”
The Illinois River is a federally-designated Wild and Scenic River and a major tributary to the Wild and Scenic Rogue River. The Illinois and Rogue are both important salmon rivers which provide high-quality spawning and rearing habitat above the Pomeroy Dam. Southern Oregon Coast Coho, listed as threatened under the federal Endangered Species Act, are present in the Illinois River.
McCarthy indicated that removal projects like Pomeroy Dam typically take 12 to 18 months to complete and that design and engineering for the project has already begun. He added, “Coho in the Illinois River are a concern because they are protected by a federal law intended to prevent the extinction of fish and wildlife. A lot of good Coho habitat in the Illinois is above this dam. The removal of Pomeroy Dam will also benefit fall chinook, Pacific lamprey, winter steelhead, cutthroat, and suckers.”
McCarthy wrote in an email, “WaterWatch has a long track record of working with private landowners in Oregon to address barriers to salmon and steelhead. Just in my decade at WaterWatch we have removed five privately owned dams in southern Oregon. We also work with irrigation districts, government entities, and institutions. We rely on expert fish biologists and engineers to design our projects and come up with the best solutions to the problems at fish barriers, but that doesn’t always mean structure removal. For example, in 2016 we worked with Gold Hill Irrigation District to end the harm their diversion dam on the Rogue River caused to salmon and steelhead. The irrigation district’s dam was modified and upgraded but is still there, just above Nugget Falls near Gold Hill. The problems for salmon and steelhead at Pomeroy Dam extend beyond the lack of a fish ladder. Meanwhile, the dam structure and its long delivery canal are a major maintenance and liability headache for the landowner. The best solution at Pomeroy is dam removal and replacement of its diversion function with properly screened pumps.”
When asked if there were any other dams slated for removal in southern Oregon, McCarthy wrote, “First, WaterWatch does not seek out publicity for our dam removal projects on private land while they are underway to protect the privacy of the landowner. We know and respect that privacy is highly valued by people living in this region, so we did not seek out this article. Second, if you are a landowner with a diversion dam on a fish-bearing river or stream that you would like to see replaced with new, more fish friendly diversion technology at no cost to you, or even just a non-functional dam on a fish bearing stream that you would like removed at no cost to you, please contact us!”
Christopher Hall, executive director for Water League, a Valley-based nonprofit engaged in the conservation and stewardship of water resources, said of the agreement, “We are so pleased an amicable resolution to this challenging problem has been achieved. It really shows the leadership that Q Bar X Ranch has provided over many years to support agriculture in balance with our natural resources. Tough decisions are always hard-won, and hats off to all involved.”
Howard disagrees with this assessment. “When you have a group that only funds one agenda to take down dams but not fund the main reason being the fish ladder it seems shady to me,” he said. “It is unprecedented to have an environmental group pursue a private dam owner.”
In conclusion, Howard said “This affects so many people on different levels here such as water rights and so on. I think studies such as environmental impact need to be made public as soon as possible. There are always positive and negative factors to consider. I do not want to see the dam removed. That is my opinion as a Pomeroy River Estates community member, and I will take the time to be involved throughout the process to ensure the best decisions are made for our town, our community and all the people it may affect.”
This article and the accompanying banner photo originally appeared in the April 4, 2023, issue of the Illinois Valley News.