MEMORANDUM u WATER TO: Water Resources Commission 3t23d-- RESOURCES FROM: /.!~ir DEPARTMENT SUBJECT: Agenda Item ~une5, 1992 Water Resources Commission meeting cuaand Nestucca Rivers scenic waterwav flows for Diack findings Background The Oregon Supreme Court decision, Diack vs. Ciry of Portland, requires that the Commission must find that recreation, fish and wildlife uses in the scenic waterway will not be impaired before issuing new water rights in areas above or tributary to a scenic waterway. A "Diack flow" fact sheet explaining the decision and how it is implemented is attachment 5. / Staff has completed the final in a series of eight reports on streamflows in state scenic waterways. The Commission has approved scenic waterway flows for the Grande Ronde, Wallowa, Minam, Owyhee, McKenzie, Little North Santiam, North Fork of the Middle Fork of the Willamette, Waldo Lake, Rogue, Illinois, Elk, Clackamas, bw Sandy, Deschutes, Metolius, John Day and Klamath Scenic Waterways. Flows supporting recreation, fish and wildlife uses on the North Umpqua and Nestucca Scenic Waterways are shown in Attachment 1. The Scenic Waterway flow assessment report is Attachment 2. The Commission directed staff to hold public meetings in areas affected by scenic waterway flow assessments. Accordingly, public workshops were held on April 8 in Tillamook and April 9 in Roseburg. Representatives from the "Friends of the Nestucca" and Tillamook County Soil and Water Conservation District attended the Tillamook workshop and representatives from the Steamboaters, the Western Oregon Livestock Association, the Oregon Farm Bureau, Douglas County, US Forest Service and Pacific Power and Light attended the workshop in Roseburg. In addition, interagency briefings were held in Tillamook on April 8, 1992 and Roseburg on April 9 to review the assessment process and discuss any issues and concerns. Representatives of the Bureau of Land Management, US Forest Service, Oregon Parks and Recreation Department, Oregon Department of Fish and Wildlife, McMinnville Water and Light, Tillamook and Douglas Counties, and OSU Extension attended the interagency meetings. Agency and public comments were used in revising the assessment. An analysis of public comments can be found in Attachment 3. Written comments comprise Attachment 4. 3850 IJclrtlnnd RJ NE Salcm, OR 97310 (503) 378-3739 FAX (50.1) 378-8130 Agenda Item D Oregon Water Resources Commission Meeting of June 5, 1992 Page 2 of 4 Discussion The scenic waterway flow assessment documents flow ranges &at support current scenic waterway uses and values. The Commission wuld use this information for making findings on pending and future water right applications in or upstream from scenic waterway reaches, these areas are known as "Diuck"areas. Currently the City of McMinnville is the only applicant with any permit pending in the Nestucca "Diack"area. There are eleven water use permits pending in the North Umpqua "Diuck"area from three private landowners and one federal agency. The flows for recreation, fish and wildlife in the scenic waterways vary by use and season. The major flow-dependent uses are recreation and fisheries. Flows supporting existing levels of recreation were identified through literature review and interviews with experts. Flows identified for fish life and aquatic habitat were taken from Oregon Department of Fish and Wildlife studies, instream water rights, or instream water right applications. The North Umpqua scenic waterway reach is also designated as a National Wild and Scenic River in the same area listed as the Lower North Umpqua Section of the assessment. Pursuant to the federal law, the Umpqua National Forest and the Roseburg District of the Bureau of Land Management are formulating management plans for the federally designated portion of the River. These agencies shared information from current and past planning efforts for the scenic 4 waterway flow assessment. Because of the scenic waterway flow assessment, Pacific Power and Light has included the Water Resources Department in their agency work group which is examining the Federal Energy Regulatory Commission hydroelectric license on the North Umpqua which is due to expire in 1995. If new information becomes available through this process the Commission will be informed. The Upper North Umpqua River, Nestucca River and Walker Creek are not included in the National Wild and Scenic River system. However, resource information was shared by the federal agencies and used to write the assessment. Evaluation a) Scenic Waterway Flows: In general, for each scenic waterway section, the assessment identifies a range of flows which support current recreational uses and fish and wildlife habitat. Streamflow statistics, fish and recreation flows and recommended scenic waterway flows are displayed in Attachment 1. Agenda Item D Oregon Water Resources Commission Meeting of June 5, 1992 Page 3 of 4 Lower North Umpqua River: Recommended scenic waterway flows on the Lower North Umpqua River exceed the average flow in August and September. Flows for these months were determined from the current ODFW instream water right application. Upper North Umpqua River: No scenic waterway flows are recommended. No data are available on flow-dependent recreation or fish and wildlife needs. It is likely that there is not any significant flow-dependent recreation in this area. In order to make findings in this area a study by ODFW or others to determine fish and wildlife needs would be required. Nestucca River: Recommended scenic waterway flows exceed the average flow in August and September. Flows for these months were determined from the current ODFW instream water right application. Walker Creek: No scenic waterway flows are recommended. No data are available on flow- dependent recreation or fish and wildlife needs. It is likely that there is not any significant flow- dependent recreation in this area. In order to make findings in this area a study by ODFW or others to determine fish and wildlife needs would be required. b) Public Comment: Comments from the public on information gathered for the assessment were mixed. Many felt the flows were too high. Others contended that further development of municipal storage on the Nestucca would be detrimental. Some felt that the comment period on scenic waterway flows should be lengthened. Some felt the data were faulty and encouraged trespassing. Others felt that the out-of-stream uses should have a reservation. The US Forest Service suggests waiting until further studies connected with the Wild and Scenic River Management plan and the FERC relicensing effort are completed. Public comments are addressed in Attachment 3. Summation Staff has identified flows needed to support recreation, fish and wildlife in the North Umpqua and Nestucca Scenic Waterways. Approving use of identified flows will assist the Commission in making findings on pending applications and future water rights. Most of the pending water use applications in the Umpqua Basin are the Bureau of Land Management. The application by the McMinnville Water and Light is the only pending application in the Nestucca Basin. The proposed flows would allow these storage applications to be processed. Agenda Item D Oregon Water Resources Commission Meeting of June 5, 1992 Page 4 of 4 Staff recommends that the Commission approve the North Umpqua, Nestucca and Walker Creek scenic waterways flow assessment and the use of the recommended scenic waterway flows in Attachment 1 for making findings pursuant to the Scenic Waterway Act. Attachments: 1) Flow Tables for Scenic Waterways 2) Draft North Umpqua and Nestucca Rivers Scenic Waterway Assessment 3) Workshop Comment Analysis 4) Written Comments 5) "Diack flow" factsheet Bill Fujii 378-8455 ex 286 May 19, 1992 Attachment 1 Table 1 FLOW DATA FOR THE LOWER NORTH UMPQUA RIVER SCENIC WATERWAY Mean Monthlv Flow (cfs measured Above Copeland Creek (gage # 14316500) Minimum Maximum Avenge Flow for Recrution Flow Rclimi~ry Flow Flow Fishery Scenic Waterway Rows 1 March 1 873 1) May 1 1070 11 October 758 I November 805 I December 803 Attachment 1 d Table 2 FLOW DATA FOR THE LOWER NORTH UMPQUA RIVER SCENIC WATERWAY Mean Monthly Flow (cfs) measured Above Rock Creek (gage #14317500) Minimum Maximum Avenge Flow for Recrration Flow Preliminary Flow Flow Flow Fishery Scenic Waterway Flowa January 818 7200 3860 lo20 800 - 6700 3300 Febn~ry 1340 7160 3980 lo20 800 - 6700 3300 March 1400 7260 3710 lo20 800 - 6700 3400 April 1320 6060 3560 lo20 800 - 6700 2900 May 1180 4500 2980 lo20 800 - 6700 2200 Junc 833 4960 1870 lo20 800 - 6700 1800 July 696 1630 1120 lo20 800 - 6700 1020 Auguat 588 1 100 920 lo20 800 - 6700 1020 September 588 997 890 lo20 800 - 6700 1 020 Oclober 649 1590 1070 lo20 800 - 6700 1020 November 65 1 6210 2490 lo20 800 - 6700 1700 December 943 10300 3960 1 020 800 - 6700 3500 Recreation flows are calculated and rounded to the nearest 100 cfs. Attachment 1 Table 3 FLOW DATA FOR THE NESTUCCA SCENIC WATERWAY Mean Monthly Flow (cfs) measured at Beaver (gage #14303600) Minimum Maximum Average Flow for Recmlion Flow Preliminary Flow Flow Flow Filhery Scenic Watcnvay Flows January 273 4890 21 10 250 500 - 2500 lo00 Februnry 453 2980 1920 250 500 - 2500 lo00 March 634 2830 1600 250 500 - 2500 lo00 April 469 1640 1030 250 500 - 2500 lo00 May 285 1190 560 2501183 2501183 June 183 917 3 20 123 123 July % 542 170 123 123 L August 49 25 1 100 12.3 123 September 53 412 1SO 250 250 October 91 842 320 250 250 November 209 3980 1500 250 500 - 2500 loo0 December 257 4440 2630 250 500 - 2500 loo0 ATTACHMENT 2 DRAFT WESTERN OREGON SCENIC WATERWAYS FLOW ASSESSMENT LOWER NORTH UMPQUA RIVER UPPER NORTH UMPQUA RIVER NESTUCCA RIVER WALKER CREEK OREGON WATER RESOURCES DEPARTMENT Table of Contents Introduction 1 Section I: Lower North Umpqua River 4 Section II: Upper North Umpqua River 16 Section 111: Nestucca River 18 Section IV: Walker Creek 24 Draft May 11, 1992 INTRODUCTION A) PURPOSE In 1988, the Oregon Supreme Court (Diack vs.