State and federal agencies increasingly are requiring mitigation measures in connection with new water
uses to protect surface water flows for fish or to improve water quality. In the Deschutes Basin in Central Oregon,
for example, the Oregon Water Resources Department requires applicants for new groundwater rights to mitigate
for the potential impacts to surface water by replacing a specified amount of surface water. The Deschutes
groundwater mitigation rules can be viewed at
Oregon Administrative Rules.
The replacement water, or "mitigation," can be provided in a number of ways including:
- Arranging for the transfer of an existing water right to in-stream flow purposes.
- Employing conservation measures to reduce the amount of water used under an existing water right.
- Developing an artificial groundwater recharge or aquifer storage and recovery (ASR) project to
store winter flows for summer recovery.
- Obtaining a secondary permit to use stored water from an existing surface reservoir.
- Purchasing mitigation credits from an approved bank, such as the Deschutes Water Exchange in the Deschutes
Basin.
For more information on mitigation in the Deschutes Basin see the Deschutes
Water Exchange's Web site, www.deschutesrc.org/dwe.htm, which
contains updated answers to frequently asked questions and a guide to
the mitigation process for those seeking to develop new groundwater
permits.
Mitigation also is being required by the National Oceanic and Atmospheric Administration (NOAA) Fisheries
in cases where development of a water supply will
result in harm or "take" of an endangered fish species. This mitigation
can be accomplished through a Flow Replacement Plan. Such a plan may consist of purchasing existing water rights and transferring
them to a stream, participating in a program to convert high water use
crops to low water use crops, or contributing to a
watershed improvement project.
We have developed this area of the Web site to assist you in identifying
opportunities to satisfy mitigation or flow replacement plan
requirements. Clicking here will
take you to a screen that will ask you a few questions that will help us
determine what mitigation opportunity best fits your need. We also can
provide you with information about how to comply with the new mitigation
requirements or determine if the mitigation rules apply to you and
what your options are. Someone from our office will contact you or you
may call us at (503) 239-8799. There is no charge for this
service.
If you are in the Deschutes Basin, you may make a direct inquiry
regarding mitigation opportunities by contacting the Deschutes Resources Conservancy via e-mail at
info@deschuteswe.org or
by calling (541) 382-5186. The Oregon Water Trust also may have water
rights that can be purchased for flow replacement or mitigation
purposes. It can be reached at: www.owt.org.
We are working to identify programs or projects that may be available
to meet all or a portion of your flow replacement or mitigation
requirements. Eventually we will provide a list of programs
throughout the state and hope that this Web site can be a clearinghouse
for mitigation and flow replacement opportunities.
If you work for an
organization or you may be interested in listing an
opportunity on this Web site, please send us an e-mail. We would like to
explore ways to connect you with those who have a need for mitigation.