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ODFW Water Right Transfer Applications and Water Exchange Application

Overview

Since 1951, the Oregon Department of Fish and Wildlife (ODFW) has held a certificated water right in Cascade Locks and is authorized to divert up to 10 cubic feet per second (cfs) of water from Little Herman Creek for its Oxbow Springs fish hatchery.

On August 27, 2010, ODFW submitted two applications to the Oregon Water Resources Department (OWRD).  One was a transfer application (T-11108) related to adding points of diversion to ODFW’s existing water right. Those points of diversion are the Middle Spring and the East Spring (part of Oxbow Springs) in Cascade Locks. The second application, for an exchange of water (T-11109), was to trade 0.5 cfs of spring water with the City of Cascade Locks for 0.5 cfs of well water. 

On April 12, 2011, ODFW modified its T-11108 transfer application from 10 cfs to 0.5 cfs. ODFW then filed a second transfer application (T-11249) on May 23, 2011, which proposed to add the two points of diversion to the remaining 9.5 cfs of ODFW’s water right. OWRD issued a preliminary determination to approve the transfers on February 27, 2012. Bark and Food & Water Watch filed a protest on this decision on March 29, 2012.

 

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Status of Transfer Applications

On June 10, 2016, an administrative law judge issued a proposed order upholding OWRD’s 2012 approval of the point of diversion transfers. OWRD has issued final orders in the transfer proceedings (Final Order for T-11108 and Final Order for T-11249). The final orders include a 60-day appeal period to the Court of Appeals. The transfers only apply to ODFW’s use of the springs and the final orders are actions separate from the exchange.  
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Exchange Process Information

For ODFW and the City of Cascade Locks to be able to trade water, ODFW must complete the exchange application process, which includes a public interest review. The exchange comment period closed in October 2010, and OWRD received about 4,500 timely comments. When the exchange process is re-started, there will be new opportunities for public participation and comment.

ODFW Website
Exchange Application T-11109 Processing History
T-11109 Map
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Media Inquiries

Diana Enright
diana.m.enright@state.or.us
503-986-0874
 
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