Nov. 7, 2024
WaterWatch of Oregon was at the Oregon Supreme Court today for oral arguments to defend our victory last year at the Court of Appeals on an instream water right on Drift Creek, a tributary of the Pudding and Molalla rivers.
These arguments are the latest in a case dating back to 2014, when WaterWatch protested the East Valley Water District (EVWD) proposal to build a 70-foot dam and 12,000 acre-foot reservoir on Drift Creek to store water for irrigation. In addition to other impacts, the project would undermine an existing instream water right that requires protection of “stream flows [in Drift Creek] for cutthroat trout for migration, spawning, egg incubation, fry emergence, and juvenile rearing.”
Last November the Court of Appeals affirmed an earlier decision by the Oregon Water Resources Commission that denied the permit for the proposed dam and reservoir, and recognized that instream water rights protect streamflows and their designated purpose throughout the reach specified in the water right, rather than just a quantity of water measured at the mouth of the stream.
At EVWD’s request, the Supreme Court agreed to review the Court of Appeals decision and heard oral arguments today after reviewing briefs filed by WaterWatch and other parties to the case, and “friend of court” briefs filed by several non-party organizations and Tribal governments.
In addition to defeating the purpose of the instream water right for cutthroat trout, the proposed dam and reservoir on Drift Creek would harm the habitat of other fish, including Pacific lamprey, winter steelhead, spring Chinook salmon and Coho salmon. Pacific lamprey are listed as “sensitive” under state law and have important cultural significance to Native Americans, while winter steelhead and spring Chinook salmon are listed as “threatened” under the federal Endangered Species Act.
As we continue our work to protect and restore instream flows for Oregon’s rivers, fish, wildlife, and communities we need your help! Make a one-time gift today to support WaterWatch of Oregon.
