Protect and Restore Free Flowing Oregon Rivers

WaterWatch was hard at work in 2016 continuing a nearly decade-long battle for the Clackamas River and the fish that depend on it.

With an amazing team of experts and witnesses, WaterWatch went to trial in July and October 2016 to secure better protections for Clackamas River fish and to force Oregon to follow the law.

HISTORY:

In early 2008, WaterWatch challenged the Oregon Water Resources Department's decision to approve diversion of an additional 100 million gallons of water per day from the lower Clackamas River for municipal use. We asserted in part that the diversions were not conditioned to maintain the persistence of salmon and steelhead in the Clackamas listed under the state and federal Endangered Species Acts, as required by law.

In essence, while the state identified Clackamas River flow levels needed at different times of year to maintain these imperiled fish, the mechanisms proposed in the water rights to maintain these flows had little or no effect on the cities' proposed use of water if the fish flows were not met. After a trial and an appeal, the Oregon Court of Appeals agreed with WaterWatch, concluding that with regard to protecting these fish, the agency's decision lacked "both substantial evidence and substantial reason."

The court told the agency to try again.

INADEQUATE RESPONSE:

Sadly, rather than improve the rejected rationale for the clearly inadequate fish protection conditions, the state has chosen to double down in its defense of these clearly inadequate conditions. Instead of addressing the questions posed by the Court of Appeals, the state continues to gloss over the central dispute: how do the proposed conditions protect the streamflows needed for the river's struggling fish?

WaterWatch fundamentally believes that, if used wisely, there is plenty of water supply in the metro area and that any additional municipal diversions from the Clackamas River can be formulated to protect the needs of imperiled salmon and steelhead while the reasonable water needs of cities are also met. We are committed to ensuring that the Clackamas River and its fish enjoy the protections afforded by law -- even if we have to go back to the Court of Appeals to make it happen.

Your support will help us continue to protect the Clackamas River for the fish, wildlife, and people who depend on it. Thank you.