A
proposed settlement of litigation related to the threatened spotted frog will
result in more water released during winter months through the dam system of
the upper Deschutes Basin.
A
coalition of five irrigation districts, the Bureau of Reclamation and two environmental
groups reached the agreement which will now go to federal District Court Judge
Anne Aiken for review and possible approval.
If
signed off by Aiken stream flows on the Deschutes River below the Wickiup dam
would be maintained at a minimum 100 cubic feet per second from mid-September
to early May. Flows currently drop as low as 20 cfs in winter months in order
to retain water behind upper river dams and capture runoff for spring and
summer irrigation.
The settlement also requires continuing regulation of flows in the basin in exchange for the environmental groups not pressing further litigation.
In
the fall of 2014 the tiny spotted frog was listed by the US Fish and Wildlife
Service as threatened under the federal Endangered Species Act. The Center for
Biological Diversity and WaterWatch of Oregon subsequently filed lawsuits dramatic
fluctuations of dam water releases would irreparably harm the frog, at times
flooding breeding areas and at others not providing adequate water.
In
March Judge Aiken turned down an injunction motion by the environmental groups
that would have severely restricted dam releases for the 2016 irrigation.
Instead she ordered parties to work on a settlement.
Even
so, water releases were restricted compared to previous years, resulting in farmers
and ranchers in the North Unit, the district with most junior water rights,
significantly curtailing growing operations.
Acting
together as the Deschutes Basin Board of Control, the irrigation districts, US
Fish and Wildlife, the Bureau of Reclamation, some conservation groups and
other stakeholders have been working to develop a habitat conservation plan
(HCP) to protect
and recover steelhead, salmon and bull trout in the basin.
In a
separate statement from the DBBC the Tumalo Irrigation District went on record
as “reluctantly” accepting the settlement, and noting that it would set back
the district’s ongoing conservation efforts by 20 years.
The
settlement is the “lesser of two evils as it avoids prolonged and
cost-prohibitive legal and environmental battles.”
TID manager
Ken Rieck emphasized that the district has been “firming-up,” or reconciling
water right information, and returning water to in-stream use for fish. The
settlement, Rieck said in the statement, would result in the loss of 42% of the
district’s stored water usage, and lead to a corresponding reduction in
delivery to district members.
On the other
hand, the attorney representing the Center for Biological Diversity, said in a
statement that, “This agreement will result in timely completion of
consultation with US Fish and Wildlife Service and other spotted-frog experts
to provide long-term protections for the frog...”
A key
provision of the 1973 Endangered Species Act is that federal agencies consult,
under Section 7, to take measures to protect listed species. Besides the US
Fish and Wildlife Service which listed the frog under the ESA, the federal Bureau
of Reclamation is the agency that owns Wickiup, Crane Prairie and Crescent dams
that control Deschutes River flows.
Previous posts regarding spotted frog ESA listing
