MANAGER’S REPORT

8 January. 2008

As one year ends and a new year begins it is always useful to have some reflection on the past, but be thoughtful and oriented for the future.  There are a number of challenges and opportunities for the District heading into 2008 that will require attention, energy and resources that go beyond just delivering water to the headgates.  While the District may seemingly be the same kind of operation as in the past, the increased pace of urban and rural development, increasing administrative and environmental regulations, the politics and emotions of water in the arid West, and changing values of the area’s growing population is dramatically impacting the business.  The District must recognize the changing landscape in which it operates and prepare itself to adapt for a future likely very different than its past.  Failure to assess the future and proactively adapt and plan will over time decrease the opportunities available to the District and its patrons, and increasingly place the District in a reactive and less fortunate position.

OPPORTUNITIES

The good news is that the District is in relatively good shape in a number of ways as we head further into this new century.  A primary factor of benefit is the relative large size of the acreage and patron base.  COID is the 3rd largest irrigation district in Oregon with over 44,000 irrigated acres, and it has the state’s largest patron base of over 3,600 deliveries.  The large amount of acreage and size of the patron base allows for a solid foundation to deal with change due to the financial benefits of economies of scale.  Both operational and administrative costs are spread over a large base so that impact to the District from the changes mentioned above has a limited impact to a single patron.  This is not the case with the smaller irrigation districts.  The projected population increases over the next 25-50 years in Central Oregon is estimated to ultimately impact up to 6,000 irrigated COID acres representing approximately 15% of the District.  The same population forecasts translate into a much larger negative impact of 30-60% of the acreage base for the smaller districts.  This could ultimately force the question of their sustainability as increasing costs in running their district burden a decreasing number of patrons to the point it is not cost effective to do so.

COID is also blessed with a number of significant assets that if utilized wisely can be used for present and future benefit.  The most valuable District asset at present is the hydroelectric generation facility called the Siphon Power Project (SPP).  Since hydroelectric production started in 1989, several millions of dollars of revenue have been provided to the District that has significantly offset the need to increase the assessments to the patrons.  In 2007 alone, the surplus revenue provided by SPP to the District’s operational and maintenance expenses was in excess of $400,000 or equivalent to $9.39+ per acre of assessment.  An equivalent surplus was also generated during 2007 to be used for the 2008 budget also.  In addition, SPP surplus revenue has also paid for a number of capital projects that have benefited the District facilities over the years.  While the SPP does not generate a surplus every year, its bond will be paid off in 2013 and the surplus would be more dependable.  In addition, the District is evaluating additional hydroelectric opportunities within its canal network.  Additional revenue generated from sources other than the patron assessment is an area receiving Board focus.

Additional assets include a sizable amount of acreage owned by the District.  This acreage was mostly conveyed to the District during the great Depression in the 1930s from failure to pay the District assessment.  A lot of the acreage carries no meaningful market value at present, but could become valuable over time.  There are however a few individual pieces of COID owned property that could provide significant value and cash to the District.  One such parcel is located in east Redmond and part of this parcel is under an option to buy with a developer for $10 million.  It has been envisioned by the Board that proceeds of this sale, as with other past land sales, will go to the Endowment Fund.  The Endowment Fund balance is currently at $1.5 million and generates annual investment income in excess of $70,000.  The Board’s stated objective is to continue to fund the Endowment and utilize the investment income to offset future assessment increases.  It must be mentioned that recent years have also been years of relatively low inflation.  If this trend continues then pressure on assessments will be moderate, but if inflation accelerates then the pressure on moderate assessment levels will increase. 

CHALLENGES

The challenges that present themselves to the District as it looks towards its future are many.  Earlier discussion in this report mentioned urban and rural development and its potential negative ramifications to the District assessment base.  While development can be forecasted with reasonable accuracy and numbers for planning purposes, the additional challenges below do not carry defined numbers and are more difficult to forecast.  These include the increasing impact of administrative and legal regulations on operations including the Endangered Species Act and the Clean Water Act in particular.  Additional operational requirements include noxious weed control, pesticide/herbicide free waters, water right beneficial usage monitoring, and increasing involvement in local, state and federal legislative efforts.  All of these items drive costs up to the District and are anticipated to only increase over time. 

The Endangered Species Act (ESA), Clean Water Act (CWA) and changing values with the growing urban populations of Central Oregon are all driving the need for the irrigation districts to improve their water efficiencies and leave more water in the Deschutes River.  This means projects to conserve water, primarily piping, where the water that is lost through seepage in the canals is no longer “lost” in transport to the headgates and can be kept instream.  Conserved water projects are desirable because it does not reduce the water right at the headgates and places water instream to meet the environmental requirements for habitat and species.    The ESA carries the heaviest penalties and consequences if not addressed.  Earlier manager reports have commented on this situation with the reintroduced Steelhead above the Pelton-Round Butte Complex.  The Habitat Conservation Plan (HCP) process will begin in 2008 and when completed in a few years will provide COID with the numeric targets of water it must place instream.  COID has been very active in identifying high water loss areas of the irrigation system and will begin prioritizing these conservation projects for funding.  COID will continue to seek out federal and state grants to accomplish these projects, but will likely need to use its own funds also.

The evolving requirements under the CWA are in process and will likely require increased instream water levels also.  The coming establishment by the Oregon Department of Environmental Quality (DEQ) of water pollution standards on the Deschutes River will place additional pressure on District operations.  The primary pollution standard of notice is with temperature.  The lower flows in the Middle Deschutes River due to irrigation district diversions do increase the water temperature above the preliminary levels set by DEQ.  Coordinated studies are currently being conducted by a number of federal and state agencies with local stakeholder participation to evaluate these standards, but it is not known at present to what level river flows will need to be maintained to meet the temperature standard.

The possibility exists that mandated environmental requirements will compete for limited operational and maintenance assessment dollars in the future to a greater degree than today.  It is the Board’s and Manager’s perspective and position that wisely utilizing the assets mentioned above will enable the District to accomplish the requirements of above while still maintaining moderate assessment levels.

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Winter stock runs were completed last month with the next runs scheduled, weather permitting, for the CO Canal January 2 – 5 and the Pilot Butte Canal January 7 – 11.  The snow pack has increased well over the last few weeks of December and the projected La Nina weather appears to be holding true.  Reservoirs are still filling close to last year, but if the precipitation of the past few weeks continues as expected then perhaps increased winter flows in the Deschutes will materialize.

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

·        COID is participating in the Technical Advisory Committee (TAC) formed to discuss and work with the City of Bend and Deschutes County on Bend’s UGB and URA expansion process.

·        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 continues.  While the House of Representatives has passed their version of the Farm Bill, the US Senate is still working on their version.  The latest version has now passed the Senate Agriculture Committee.  It is anticipated that a final version will not be voted on by the Senate until early 2008.  COID in conjunction with the Oregon Water Resource Congress is heavily involved with making its views known for expanded provisions for irrigation districts under the proposed Regional Watershed Enhancement Program as part of the established EQIP program.

·        A Master Agreement with Crook County is underway to address both entities’ authorities and requirements for road development and improvement projects.

·        Reinitiated discussions with PacifiCorp regarding the expiration of the lease on the Cline Falls land and evaluation of COID taking over the small hydroelectric facility already on site.  Several steps need to be evaluated with regards to the facility including state and federal licensing requirements and costs of upgrade.  To date the evaluation of licensing requirements on the state side are minimal, and a formal determination application to FERC for federal licensing is in process. Once the licensing issues are resolved then a more formal evaluation of upgrade and transfer of facilities costs will be undertaken.

The challenges presenting themselves:

·        The State of Oregon has filed a petition for review of the Oregon Court of Appeals Ft Vannoy decision to the Oregon Supreme Court.  The next step is to wait and see if the Supreme Court decides to accept the petition.  This will likely be known within a few months.

·         A report on the Deschutes Basin Mitigation Program will be presented to the Oregon Water Resource Commission in January 2008.  This report will provide data and information on instream flows in the Deschutes River.  The instream flows that will receive particular attention will be the flows at the Culver Gauge as these flows are to be protected from “excess” ground water withdrawal.  While not on the Commission’s agenda but is being discussed amongst basin stakeholders is the issue of the cap on mitigation permits to be issued by OWRD.  The cap is at 200 cfs cumulative for any groundwater permits as a condition of the Mitigation Program.  OWRD has received applications in excess of the 200 cfs cap and there are questions arising from this condition and how is OWRD going to address the issue.  At this point, applications received above the 200 cfs cap are being accepted but not acted upon by OWRD.  There will likely be pressure in the coming months for the Commission to address the mitigation cap to increase the cap.

STATUS REPORT

 Deschutes Water Alliance

·        Deschutes Water Alliance Water Bank is continuing to allocate urbanized water rights from the COID and Swalley irrigation districts to the cities of Bend and Redmond, Avion Water and the DRC.  COID 2007 targets were met by COID.  Bank members met near the end of November for discussion of 2008 targets of supply and demand.  The COID Board will review and take action on the 2008 targets in the January Board meeting.  The Water 2025 grant for the bank is now finished and a final report was sent to the Bureau of Reclamation.

·        Discussions are underway to prepare and formalize an Inter-Governmental Agreement between the governmental parties associated with the Bank.

Status – On going

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 – Landowner contacted COID regarding potential crossing of Dry Canyon in Powell Butte area and transfer of water rights to west side of canyon.  Opportunity may exist to build small retention structure and eliminate any tailwater flows continuing down canyon towards the Crooked River.  Grant sources being researched for project.

 ·        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 – Standard Operating Procedures in development. Follow up discussion with PacifiCorp to be scheduled.

·        Cooperative evaluation of potential 50-100 acre re-regulating structure on Central Oregon Canal with Audia-Gordon LLC.  Geotechnical work and elevation specifications are underway.

Status – On Hold, No progress

Real Estate

·        A Quiet Title action was successfully resolved in COID’s favor on the partitioned 40-acre parcel near Deschutes Market Road and Hwy 97 and a few other parcels along the Pilot Butte Canal in Bend.  The Real Estate Committee after consultation with Steve Scott requested an updated appraisal from the September 2005 report.  The Board will then evaluate options after receipt of the updated appraisal.

Status – In Process

·        DesertScape and COID executed a new option agreement for acreage in east Redmond.  DesertScape, COID and the Redmond School District are proceeding on filing for rezoning changes of the 250-acre parcel in east Redmond. The draft Redmond TSP has been received but only included the COID 250 acre parcel under its current OSPR zoning.  A second TSP is being pursued to assess the traffic loading with the COID 250 acre parcel under its proposed zoning as filed with the City of Redmond under the Master Plan.   

Status – In Process

·        Surveying and Conditional Use permitting is being pursued for COID owned lands along Teal Road.  Once completed the Board will evaluate for declaring surplus depending on market conditions and financial requirements of the District.

 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.  City of Bend legal counsel has filed testimony that an agreement with COID is not necessary, but COID and Deschutes County legal counsels have filed testimony that an agreement is necessary and required.  COID and Swalley have committed to City of Bend planning staff a first draft of the 195 agreement desired.

Status –   Discussions held and ongoing

 ·        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 – In Process.  Preliminary discussions held, issues ongoing, no resolution expected for some time.  Redmond and COID met in December and agreed to schedule regular coordination meetings going forward, likely on a semi-annual basis.

 

 ON THE RADAR SCREEN

            ·        Bull Trout Critical Habitat Final Rule amendments

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