Protect and Restore Free Flowing Oregon Rivers

Since 2008, WaterWatch of Oregon has been involved in a fascinating and compelling case to stop the excessive withdrawal of water on Oregon’s lower Clackamas River, a backyard river in Portland that still supports imperiled runs of salmon and steelhead. At stake: The future of four runs of already imperiled fish in the river which would be further affected by the amount of water being proposed for withdrawal.

The background of this ongoing case: Municipalities (including Lake Oswego and Tigard) are seeking entitlements to withdraw water at a rate of flow of 160 cubic feet per second from the lower Clackamas River through eight water permits. This is in addition to the similar amount they already withdraw. If approved, in total, these municipalities would be allowed to take about half of the dry season flow of the lower Clackamas. WaterWatch challenged Oregon’s proposed approval in January of 2008 on the grounds that such a withdrawal would endanger the lives of fish and wildlife and not comply with the law.

In 2014, the Oregon Court of Appeals ruled in WaterWatch’s favor that Oregon’s proposed approval lacked substantial evidence and substantial reason demonstrating that imperiled fish could continue to persist in the lower Clackamas if so much water was removed. The Oregon Water Resources Department (WRD) was tasked to either provide evidence to support its decision to allow cities to withdraw so much water or, alternatively, come up with a new plan.

A second appeal was filed by WaterWatch in December 2018 after WRD drew up a new plan that we believe still puts the fish in peril. In late October 2019, WaterWatch prepared and filed its opening brief as regards this most recent legal development. Please stay tuned for more developments as this case moves forward!