MANAGER’S REPORT

12 June. 2007

 

The irrigation season has now reached full season levels and delivery activities have leveled off in the field.  Recent rains have been welcomed as the below average snowpack has now reduced natural flows available in the Deschutes River and demand has been running high for all irrigation districts. Demand from the Deschutes has been above average as the NUID pumps had not been operational, and that demand has resulted in significant reduction to the water levels in Wickiup Reservoir.  This situation forecasts very low levels in Wickiup for the fall and will likely reduce the opportunity for hydroelectric production at the COID SPP this winter.

 

Development pressure on District staff and resources continues at a high rate despite the reported “slow down” in residential housing permits in Central Oregon.  Both the cities of Bend and Redmond are involved with significant transportation and utility infrastructure projects that need a lot of coordination and involvement by the District, and commercial development continues particularly in Redmond.  A lot of this activity involves the District waterways, and particularly the main canals.

 

Slightly over 200,000 Steelhead fry were introduced in Whychus Creek on May 6th and 12th and officially began the process of reintroducing a species with the full legal protection of the Endangered Species Act.  Steelhead fry will continue to be released every year going forward into Whychus Creek and beginning in the spring of 2008 the Crooked River.  Any activity that can harm, impair, or kill a protected species is subject to both criminal and civil penalties under Federal and State law.  With this potential liability looming over the irrigation districts in the area, the Deschutes Basin Board of Control has been actively working with NOAA Fisheries and received a letter of prosecutorial discretion.  This letter was issued by NOAA and states that as long as the irrigation districts continue to complete and pursue conservation measures (place water in stream) then NOAA will not pursue any litigation against the 7 irrigation districts.  The reintroduction is anticipated to last decades along with the ESA.

 

Another major event occurred this past month, as LUBA (State of Oregon Land Use Board of Appeals) rendered their decision on the Thornburgh Destination Resort application that was approved by Deschutes County but had been appealed.  COID had filed as an intervener in the matter in order to protect the District’s and patrons’ interest in the water rights and to enable the basin to have reliable planning and a supply of water for patrons and municipalities.  The technicalities were numerous but all items pertaining to the water were upheld by LUBA in the District’s favor.

The opportunities pursued this past month include, but are not limited to:

·        The Oregon State Legislature continues to be very active in the water, land use, and renewable energy arenas.  Basically all bills favored by COID and the Oregon Water Resource Congress (OWRC) pertaining to the encouragement of hydroelectric production on properly fish screened irrigation canals have passed or are expected to pass with minimal negative impact from amendments.  There is similar progress on the federal level also.  There is still pending activity in the legislature on Measure 37 land use activities and with a number of bills pertaining to water – see below.  It is unclear at this time whether or not there will be any negative impacts to the District but the situation is being fully monitored.

o       Exempt Groundwater wells and permitting

o       Measurement requirements on all river or stream diversions

o       Reporting requirements on pesticide use for public entities

·        Both the NUID and Deschutes River Conservancy legislative bills have been introduced in the US Senate and US House.  Other federal efforts pertaining or impacting irrigation districts are monitored by COID through its participation in the OWRC and the National Water Resources Association (NWRA).

·        The 2007 Farm Bill activity in Washington, DC is picking up steam.  COID in conjunction with the Oregon Water Resource Congress is heavily involved with lobbying for expanded provisions for irrigation districts under the proposed Regional Watershed Enhancement Program as part of the established EQIP. The District will continue to be active in this process and monitor the Bill’s progress as it makes its way through the congressional approval process which will likely take until the fall.

·        The City of Redmond moves forward with the planning and implementation of its new Urban Growth Boundary. COID is a member of the TAC (Technical Advisory Committee) overseeing the master planning requirements and infrastructure issues as Redmond grows. Issues currently under discussion include reconciling District easements with city roads, establishment of trails and public safety in the Northwest and Highway areas of the new UGB.

·        COID is in active conversations with Oregon State Parks on acquiring a 10 acre parcel for the placement of the Juniper Ridge Hydro Project. 

·        COID management and the union bargaining unit have come to general terms on the renewal of the collective agreement.  It is expected to have the agreement formalized within the next 20 days.

·        The District is actively pursuing a new hire for the Siphon Power Project.  This hire is being pursued for operational flexibility and to assure reliability of operations going forward.  There have been a few staff changes within the field staff this past month.

 

The challenges presenting themselves:

 

·        US Representative Oberstar (D-MN) introduced a bill in the US House titled “Clean Water Act Restoration” that if passed and signed into law would have an incredibly negative impact on all irrigation districts and patrons.  The introduced bill would extend the onerous regulatory framework of the CWA through the Army Corps of Engineers to basically all waters connected to a stream or river including farmer ponds and all irrigation canals and laterals.  An accompanying and identical bill is to be introduced by US Senator Feingold (D-WI) in the US Senate shortly.

·        Prineville continues its efforts on finding well sites that can provide additional drinking water supply for the city.  The District has been in touch with the City and its consultants on the progress the City has made, and will likely be in discussions regarding long term solutions for Prineville later this year.

·        Development and corresponding municipal infrastructure issues with the cities of Bend and Redmond are presenting challenges in the areas of our main canals.  In many instances desired crossings or roadway expansions are of great concern to the District as there are many areas of public safety concern.  The District has adopted a more aggressive position with regards to requiring piping if any crossings or impact to the canal banks is proposed with development.

·        Excavation associated with the expansion of North Canal Boulevard in Redmond precipitated extreme concern to the integrity of the canal banks and COID requested all such work discontinue until different techniques and spacing for the improvements were discussed.  An on-site meeting with City of Redmond staff, Wal-Mart engineers, PacifiCorp, and the construction Contractor was held the week of June 4th. Resolution of the COID concerns have been agreed to by all parties involved and will lead to further development of formal excavation standards to be adopted by utilities and construction firms in the areas adjacent to COID facilities. 

 

STATUS REPORT

 

Deschutes Water Alliance

·        2007 Central Oregon Water Bank targets for COID were approved by the Board in January.  The amounts of water right acres approved for mitigation and restoration were very similar to the 2006 totals, including an additional 100 acre increase in District reserves. The cities of Bend and Redmond, along with Avion Water Company are the primary mitigation members with Swalley and COID the current irrigation district members.  The DRC is also a member representing river restoration and facilitates water bank transactions.  A presentation was provided to the Arnold Irrigation District manager and legal counsel.

Status – In Process

 

 

 

David Evans & Associates

·        Assisting District on Juniper Ridge hydroelectric project

Status – Preliminary pipeline design and hydro facility completed

 

·        Assisting District on evaluating retention structures in Dry Canyon

Status – Preliminary structure size and cost estimates completed. Discussions with Remington Ranch initiated.

 

·        Assisted District in evaluation of excavation work being done along North Canal Blvd in Redmond.  Will be involved in the development of standards for electrical utilities.

Status – In Process

 

Real Estate

·        Bid schedule for partitioned 40-acre parcel near Deschutes Market Road and Hwy 97 still delayed pending a clarification of deed to property. Issue is being worked for resolution with Steve Scott, Title Company, and Legal Counsel.

Status – In Process

 

·        DesertScape, COID, and the Redmond School District are proceeding on filing for rezoning changes of the 250-acre parcel in east Redmond.  Multiple conversations and meetings with City of Redmond staff on the most productive path for approval. A major component of the ability for Redmond to evaluate the application will likely need to wait until after their Transportation System Plan (TSP) process and update is completed sometime this summer.

Status – On going developments

 

Development

 

·        Coordination agreements with Deschutes County and the City of Bend are required under Oregon Revised Statute (ORS) Chapters 195 & 197 for the establishment of new Urban Reserve and Growth Boundaries.  Both entities have begun the conversations with likely effected irrigation districts and other special districts.

Status – Preliminary discussions held, no further progress at this time

 

·        Direct communication with City of Bend and Redmond public works and planning staff on resolving issues of canal safety and impacts of development that will require piping.

Status – Preliminary discussions held, issues ongoing. Biggest hurdle is cost and which party(ies) pay.

 

·        Have initiated conversations with Special District for assessing risk associated with canal structures within the city limits of both Redmond and Bend.

Status – Initiated contact with field visit scheduled for 6/10.

 

 

ON THE RADAR SCREEN

 

·        Bull Trout Critical Habitat Final Rule amendments

·        Federal funding legislation for DWA Action Plan

·        Funding for the Habitat Conservation Plan work associated with the Steelhead reintroduction.