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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.

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GSI Water Solutions, Inc. and Schwabe, Williamson & Wyatt, LLP
in cooperation with the Deschutes Resources Conservancy
Copyright 2004