By Jim McCarthy | WaterWatch Newsletter Editor
The end of 2017 brought great news for a river prized by anglers, boaters, and nature enthusiasts from around the world. The Oregon Court of Appeals upheld a final order denying the Willamette Water Company’s controversial application for a permit to withdraw 34 cubic feet per second (22 million gallons per day) from the McKenzie River.
WaterWatch sparked the review process by challenging the permit application in March of 2010. Since then, thanks to your support, we have been there every step of the way to defend the McKenzie against this harmful proposal.
Under Oregon law, Oregon’s waters belong to the public – not to private water companies hoping to profit by monopolizing the resource for future sale. Despite this, Willamette Water Company proposed to lock up a large amount of McKenzie River water, but failed to identify any committed customers, could not complete the water development project in the time allowed, and failed to apply for needed land use approvals for developing the water project. The company also challenged the fish protection conditions recommended by the Oregon Department of Fish and Wildlife and proposed by the Oregon Water Resources Department.
In 2014, the Oregon Water Resources Commission found that Willamette Water Company’s proposal was illegal because the company was attempting to tie up a large block of water for undefined future sale, rather than proposing to use the water beneficially as required by law, and because the company had failed to apply for needed land use approvals for its project. The appellate court agreed with the Commission that the permit had been properly denied because the company could not develop the permit in a timely manner.
The permit application drew considerable local media attention and inspired community concern regarding one of the public’s most valuable resources – water – in one of the state’s most iconic waterways. The McKenzie’s renowned beauty, along with the fish and wildlife it supports, in turn sustain jobs and economic activity in the region. The company now has the option to seek review in the Oregon Supreme Court. If they do, WaterWatch will be there to defend the McKenzie.
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