By Mateusz Perkowski | Dec. 11, 2025 | Capital Press
Water board will take testimony, but says it has grounds to deny application.
Oregon water regulators are proposing to again reject a new irrigation reservoir in the Willamette Valley, though they plan to hear additional arguments before making a final decision.
The Oregon Water Resources Commission has unanimously instructed a state agency to prepare a draft order denying the East Valley Water District’s request to build the 12,000-acre-foot reservoir, which would inundate about 400 acres of land along Drift Creek near Silverton.
The commission determined that even though other “public interest factors” don’t weigh against the proposal, the impairment of a senior in-stream water right is “sufficient to require denial.”
However, supporters and opponents of the project will be able to submit written arguments and engage in oral arguments at a future meeting of the commission next year.
The decision is in response to a ruling from the Oregon Supreme Court earlier this year, which found that the commission had previously rejected the proposal without considering all seven public interest factors, as required by state water law.
Kirk Maag, an attorney for the East Valley Water District, urged the commission to give the project a fresh look and truly examine each of the seven public interest factors in relation to each other before reaching a decision.
“Some comments this morning suggest that denying the application may be a foregone conclusion and that the commission just needs to show its work,” Maag said. “But I would encourage each of you to carefully consider the public interest factors for the purpose of deciding whether the proposed use of water is in the public interest.”
Brian Posewitz, attorney for the nonprofit WaterWatch of Oregon, which opposes the reservoir, said he’ll submit detailed arguments against the proposal for the “formal process” planned by the commission.
“I think we’re fine with the process you’ve outlined and the motion that you’ve adopted today,” Posewitz said.
Supreme Court Ruling
The Oregon Water Resources Commission originally denied East Valley Water District’s application in 2019 after deciding the project would impermissibly harm an existing in-stream water right meant to protect cutthroat trout by “drowning” the fish’s habitat in the creek.
However, that decision was partially overturned in August by the Oregon Supreme Court, which ruled that the commission had only considered one public interest factor in reaching its decision — the protection of existing water rights — while state law required it to evaluate six other factors as well.
Specifically, the ruling said the commission must consider all seven public interest factors in evaluating such proposals, including its implications for economic development, flood and drainage control, water waste prevention, the highest beneficial use of water, the amount of water available, and certain state water resource policies.
Though the East Valley Water District prevailed on this matter, the state’s highest court rejected one of its key arguments.
The irrigation district claimed that in evaluating a proposal’s impact on existing water rights, the commission must only consider the effects on water quantity, not the purpose of the water right — which, in this case, involved the preservation of fish habitat.
The Oregon Supreme Court said this argument overlooked the fact that water rights confer not only a certain quantity of water, but the ability to put it to a beneficial use.
“In other words, the nature or purpose of the use stated in a water-right certificate is a distinct, integral aspect of a water right entitled to protection,” the ruling said. The location of the proposed reservoir has further fueled controversy over the application, as the farmers who stand to gain additional irrigation water would not lose any of their own land to flooding from the project.
Farmers whose properties would be submerged by the reservoir have joined environmental groups in opposing the project, which the state government also argued against in court proceedings.
This article originally appeared in the Dec. 11, 2025 issue of the Capital Press.