By Gloria Coleman | Aug. 3, 2024 | Roseburg News-Review
WaterWatch of Oregon, Native Fish Society, The Steamboaters, Umpqua Watersheds, The North Umpqua Foundation, James V. McCarthy and Kirk Blaine submitted a motion to intervene and support the Oregon Department of Fish and Wildlife (ODFW) in the civil lawsuit against the Winchester Water Control District and associated contractors June 6th.
The lawsuit was filed in Oct. 2023 in Douglas County Circuit Court by the Oregon Department of Fish and Wildlife for $27.6 million for the role Winchester Water Control District, TerraFirma Foundation Systems and DOWL, LLC, had in the loss of juvenile Pacific lamprey during the summer 2023 repairs on the Winchester Dam.
Lawyers in this case and Winchester Water Control District Board President Ryan Beckley did not respond to requests from The News-Review for more information.
“Intervenors’ interests will be affected by this proceeding because this matter will determine whether (and to what extent) the defendants are held accountable for causing a significant loss of Pacific lamprey and impacts to the overall ecosystem of the North Umpqua River. Intervenors are organizations and individuals that work and volunteer to protect water quality, wild fish — including Pacific lamprey, and their habitats,” the June 6th motion from the proposed intervenors read.
The motion ending by saying that the proposed intervenors are prepared to fully fund and implement the complete removal of the Winchester Dam at no financial cost to the defendants if allowed to participate in the case.
The judge heard the motion in July and a status hearing on the judge’s decision is scheduled for Aug. 16th.
Intervenors listed reasons to join in the case in their declarations submitted to the court.
“The entire North Umpqua River ecosystem is what makes this river special,” Blaine wrote in his declaration. “This ecosystem is why I currently reside in Douglas County and why I choose to spend so much time utilizing the watershed. Any harm done to the ecosystem harms my enjoyment of the resource, including the massive lamprey kill that occurred in the summer of 2023. The massive kill of Pacific Lamprey during the summer of 2023, harmed me and my direct interest in the North Umpqua River.”
He explained in the letter how he has been working on conservation issues regarding wild, native fish for five years in Oregon. He works to restore the North Umpqua River’s ecosystem and on many other projects with The Steamboaters, and comments on how it was concerned with the repair project in 2023 and had shared those concerns with the Oregon Department of Fish and Wildlife.
Carloni’s declaration said supporters of Umpqua Watersheds (UW) rely on the staff to uphold the watershed’s mission by advocating.
“The massive lamprey-kill in 2023 galvanized their interest and expectation that UW would intervene to make sure that 1.) the people of Oregon are adequately compensated by the dam owners and contractors for the loss of wildlife, and 2.) that environmentally sound solutions are found to eliminate the impact of the Winchester Dam on fish runs and water quality of the North Umpqua River in the future,” Carloni’s declaration said.
Defendants responded in a joint response June 24th, arguing that the proposed intervenors did not have legally protectable interest in the case just because they have a general public interest in protecting fish and other wildlife.
“They have no legally protected rights that will be affected by the litigation. Their interests in the protection of wildlife will be fully represented by the State, as discussed above. Additionally, they can continue advocating for removal of the dam in the public and political arenas, where all stakeholders will have opportunities to participate. WaterWatch can continue seeking removal of the dam in its federal suit, as well,” the response read.
This article originally appeared in the Aug. 3rd, 2024, issue of the Roseburg News-Review. Photo by Will Geschke.