FISHNET ALERT 1-12-96

FISH1IFR at aol.com
Sat, 13 Jan 1996 16:42:59 -0500

Dear ACN-L folks:

This is a rulemaking process that desparately needs some help
from the scientific community to make sure these protections are
good for fish. Overappropriation of water leaving only the dregs for
fish and wildlife protection is an on-going problem throughout the
western US.

Please repost this Alert to your colleagues who may be
interested. It is also a good example of one of our FISHNET Alerts,
which we do for statewide and national marine and anadromous
habitat protection issues. Our Alerts are intended to be "action
items" while FishNet News contains more general summaries,
analyses and press clippings off national wire services on issues
of similar interest. If we do not speak for the fish, who will?

Please forgive any duplicate postings.
-- Glen
Spain

PCFFA/IFR

FISHNET

fish1ifr at aol.com

===================================================

FISHNET ALERT 1-12-96

OREGON WATER RESOURCES DEPARTMENT: NOTICE OF
OPEN COMMENT PERIOD & RULEMAKING HEARINGS ON
WATER PERMIT PROTECTIONS FOR SENSITIVE,
THREATENED AND ENDANGERED FISH SPECIES

Fisheries and Conservation News from the Pacific
Coast Federation of Fishermen's Associations and the
Insititute for Fisheries Resources
===================================================
PLEASE REPOST TO YOUR NETWORKS
===================================================

IMPORTANT RULEMAKING FOR FISH IN OREGON

SUBJECT: The Oregon Water Resources Department is seeking
comments on proposed amendments to its public interest criteria
(OAR 690, Division 33) for water use applications potentially
impacting sensitive, threatened and endangered fish species. The
rules apply to applications for water rights filed after June 3, 1994.
THE COMMENT PERIOD CLOSES AT 5:00 pm, January 29,
1996. Comments must be RECEIVED by that time and date.

IMPORTANCE: Many fish species in Oregon (in particular coho
salmon) have been proposed for listing under the state or federal
endangered species act, and many more are classed by the Oregon
Dept. of Fish and Wildlife as "sensitive." The proposed rules are
the third in a series of rulemakings designed to assist in the
recovery of sensitive, threatened and endangered species. These
rules would provide guidance to applicants for water use permits on
review criteria for new water uses in areas where sensitive,
threatened or endangered fish species are located. Strong rules
would, for instance, allow the Water Resources Department to
place conditions on a water permit designed to protect fish.

The Department has determined that most coastal and many inland
water basins are overappropriated for at least part of the year,
particularly during salmon spawning seasons. In other words, there
are already more legal water withdrawal permits than there is water
available in these basins. Oregon is out of water and it is killing its
fish! Yet under Oregon's outmoded water laws, the Water Resources
Department has very little legal authority to deny additional water
permits except on weak "public interest" grounds. Saving fish which
are already classed as endangered, threatened or "sensitive" would
officially become one of the public interest grounds such permits
could be denied or conditioned upon if these rules are adopted.

There are approximately 6000 backlogged permits for water rights
which are on hold until the Department determines how to handle
these permits when too little water remains. Of these about 1500
are in coastal watersheds or streams known to contain depressed
coho salmon stocks already recommended for listing under the ESA.
Sheer lack of water in many fish bearing streams has
been identified as one of the primary factors in many
declines. Too little water also increases stream temperature and
concentrates pollution and silt from erosion. These proposed rules
are intended to allow the Water Resources Department to reserve
at least enough water for fish when all these backlogged permits
and any future permits are processed. At present, its authority to
do so is very weak!

THESE RULES ARE INTENDED TO HELP REMEDY THAT
SITUATION. UNFORTUNATELY THEY ARE UNDER
SEVERE ATTACK IN AN EFFORT TO MAKE THEM AS
WEAK AS POSSIBLE. Your help is needed to improve them and
make them effective as a way to help save Oregon's fish.

Measures taken to assure more water for fish will help not only
coho, but every other fish species in Oregon, including bull trout,
cutthroat, steelhead, chinook and many others. Strong water
allocation protections for fish in Oregon can also be used as a
model to press for better protections in California and Washington
as well as elsewhere.

PUBLIC HEARINGS AND COMMENTS: Send letters, marked
up copies of the draft rules or other materials expressing your
opinions to:

BOB RICE
Oregon Water Resources Department
158 12th Street, NE
Salem, OR 97310

Comments MUST BE RECEIVED by 5:00 PM, January 29th,
1996 in order to become part of the public record or be
considered.

PUBLIC HEARINGS WILL BE HELD THE FOLLOWING
OREGON LOCATIONS:

January 16, 1996 Burns 7:30 PM Harney County Courthouse
450 N. Buena Vista

January 17 Bend 1:00 PM Bend Armory
875 SW Simpson
Avenue

January 18 Newport 7:00 PM Lincoln County Courthouse
225 W. Olive

January 19 Salem 1:00 PM Water Resources Dept.
158 12th Street NE

FOR MORE INFORMATION OR COPIES OF THE PROPOSED
RULES: Contact Christina Nicewaner (ext. 240) at the Water
Resources Department at (503)378-8455 or 1(800)624-3199 or
Mike McCord at (541)278-5456.

ANALYSIS OF THESE RULES HAS BEEN DONE BY
WATERWATCH OF OREGON: In many ways these rules are
deficient. For WaterWatch's analsysis contact: WaterWatch, Karen
Russell, (503)295-4039 and they will be able to fax you a copy of
the proposed rules and their analysis to use as you prepare your
comments.

===================================================
END OF ALERT
===================================================