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NEWS Conservation Controversy

Local irrigation districts have a plan to conserve water in the Deschutes River and protect endangered species, but environmental groups say it isn’t enough

By Laurel Brauns

The fate of the Deschutes River is in the hands of the federal government.

The Oregon spotted frog could disappear forever. The overall health of the river has rapidly declined from 10 years of drought and over irrigation. The Wickiup Reservoir ran dry this summer. Yet, the U.S. Fish & Wildlife Service is weeks away from issuing a permit that will shield local irrigation districts from litigation if the Oregon spotted frog and other endangered species go extinct.

Since the passage of the Endangered Species Act by the federal government in 1973, environmental groups have often relied on it as one of their most effective tools for protecting natural resources such as the Deschutes River, according to Tod Heisler, rivers conservation director for Central Oregon LandWatch.

The USFWS is empowered to enforce the ESA, and this means it’s responsible for preventing irreparable damage caused by irrigation. The federal agency required eight districts in the Deschutes Basin to craft the Deschutes Basin Habit Conservation Plan, which details everything they will do to protect the imperiled wildlife in and around the river. The districts submitted it last year, and will find out if it's approved by the end of 2020. Should the USFWS give the green light, it will shield the irrigation districts from ESA lawsuits for the next 30 years—even if some animals go extinct as a result of over irrigation, Heisler said.

Irrigation from the Deschutes River

Heisler was a recent guest on the Source Weekly’s “Bend Don’t Break” podcast, explaining the importance of the HCP, his organization’s objections to it and some background on how the Deschutes River is irrigated.

Eight irrigation districts take water from the river through an elaborate series of irrigation canals, Heisler explained.

Water comes down from the mountains and is captured in three reservoirs starting in November, including Wickiup, Crane Prairie and Crescent reservoirs. The man-made lakes store water through the winter and spring. Then, irrigation districts release the dams in the summer so property owners can use the water to maintain their farms and businesses.

“The problem actually started 120 years ago when we massively over-appropriated the river… There are far more water rights that were issued by the State of Oregon than there is actually water in the river,” Heisler said.

Around the turn of the 20th Century, settlers claimed water on a first-come, first-serve basis. These agreements with the state were figuratively etched in stone and are attached to a tract of land, not a person. This means people who run hobby farms, golf courses and some agriculture operations closer to Bend have first or “senior” rights to the water, because this area was settled a few years before farms farther north, in Madras and Culver. Senior water rights holders can order junior holders to shut off water until the senior gets their full allotment. As Bend developed into a hot destination for real estate and tourism, many farms were sold off and turned into hobby ranches. Heisler

“You’ve got six districts all competing for water; none of them want to take any less. They’re all actually trying to get as much of it as they can, and this is exacerbated by a 10-year trend of drought which we all believe is climate change, so that is how you get to a situation like Wickiup this summer.”

—Tod Heisler believes it’s unfair to privilege property owners who are raising animals for fun over commercial agriculture operations, but that is how the system remains.

In the winter, the upper Deschutes from the Wickiup Reservoir to Bend is reduced to a small stream because of the dams. In the summer months, the irrigation districts open the dams and flood the river. This weakens riparian vegetation along the banks and results in severe erosion, creating lethal conditions for fish and other aquatic life, Heisler said.

“You’ve got six districts all competing for water; none of them want to take any less,” Heisler said. “They’re all actually trying to get as much of it as they can, and this is exacerbated by a 10-year trend of drought which we all believe is climate change, so that is how you get to a situation like Wickiup this summer,” Heisler said.

By Sept. 14, the Wickiup Reservoir drained to 1% of its capacity, a historic low, according to the Bureau of Reclamation. It was only 75% full at the beginning of irrigation season in March due to low snowpack and several years

Laurel Brauns

The Deschutes River below the Big Eddy rapid. The irrigation districts release a series of dams in the summer, providing water for recreation, farming and local businesses.

of drought. Typically, it is still 25% full in October when the irrigation districts turn off the canals.

Conserving water in the Deschutes Basin

COLW, the Deschutes River Conservancy and local irrigation districts have come up with a variety of water conservation solutions to address the challenges of threatened species, drought and over-appropriation. These include piping the canals, efficiency upgrades on individual farms and ranches, and paying property owners to give their water back to the river or to other farmers growing food (water marketing), said Heisler.

Eight irrigation districts (collectively known as the Deschutes Basin Board of Control) and the City of Prineville collaborated on the Deschutes Basin HCP, and included all of those water conservation strategies. The eight districts—which include Arnold, Central Oregon, North Unit, Ochoco, Swalley, Three Sisters, Tumalo and Lone Pine irrigation districts—promised to gradually increase the flows in the upper Deschutes in the winter months to 400 cubic feet per second over the next 20 years. (It sometimes drops to 100 CFS in the winter when the water is stored in Wickiup.) But the HCP cited no plans to cut back on flooding the river to highs of 1,800 CFS in the summer, Heisler said.

“My gripe today is that the districts are putting really all of their eggs in the ‘large canal piping’ basket,” Heisler said. “We’re talking about a century-old infrastructure system, so it needs to be updated, but it is a lot more expensive and time consuming to build pipes than it is to prioritize on-farm conservation and water marketing.”

The Central Oregon Irrigation District perspective

Craig Horrell, who heads the Central Oregon Irrigation District, estimates that up to 50% of all irrigation water in old systems is lost before it ever makes it to water patrons. Piping projects, which began in the basin in the 1990s, save water from seepage below and evaporation above, he said. COID gives 100% of the water it saves through piping back to the river, he said.

Horrell also argued that the money his district won from the federal government for piping projects was earmarked for piping only and would have just gone to a project in another region.

“Especially during COVID and hard economic times, it’s valuable to bring 130 jobs to the region,” Horrell told the Source.

Horrell also touted another big win for the agency: COID won a U.S. Bureau of Reclamation WaterSMART grant which was used to jumpstart a water marketing program begun this summer. Some patrons already traded or sold water to help the farmers in Madras who struggled to make it through the drought with their reduced water allotments this summer, Horrell said.

“As part of the grant, we’ll loan money to do on-farm improvements,” Horrell said. “We are committed to incentivizing the farmers to do better.”

Prioritizing productive farms

This is also the first year that COID had to reduce its water usage, and it shut off its water three weeks earlier than usual, Horrell said. It cut back by 20% and gave what was left to junior water rights holders, many of whom run

commercial agriculture operations in and around Madras, an area managed by the North Unit.

While there’s no public documentation of COID’s reduction, Kyle Gorman, the region manager at the Oregon Water Resources Department, confirmed with the Source that COID reduced its use by an average of 20% in August and September, which freed up water for the North Unit.

Heisler of COLW and other environmental advocates have stated that as climate change gets worse and there is less water to go around, farmers growing food in the North Unit should be prioritized over hobby farms and ranches around Bend that currently hold senior water rights.

“COID has a different business model,” Horrell said. “We have 3,600 patrons from real farmers growing agricultural crops to small farms for horses… We as a district, we don’t get to choose to say what’s more beneficial. COID produces more revenue than all of the North Unit when you include the Old Mill and other businesses.”

The irrigation districts submitted the first draft of the HCP in October 2019. USFWS received 1,500 comments from Central Oregon LandWatch supporters alone. Environmentalists argued the districts’ plans were not enough. USFWS may publish the final draft as early as Nov. 6. It will make its final decisions about whether to issue “incidental take” permits to the districts by the end of the year. These permits would allow them to continue to take actions that potentially negatively impact wildlife, even animals on the Endangered Species list.

“By signing on to [the HCP], we are accountable,” Horrell said. “It gives the districts control, which tends to make environmental interests nervous... “We are proud that we have worked in a collaborative way with all stakeholders and look forward to implementing this conservation plan to help the river and species.”

Meanwhile, Heisler and his team at COLW hope for the best. It worked with Crag Law Center, a firm with expertise on the ESA, to craft its comments on the HCP and help USFWS make an informed decision.

“People lose site of the fact that the Deschutes River is the biggest spring-fed river in the United States, with spring water that is so cold and clean,” Heisler said. “This is a national treasure... It’s one of the reasons I fell in love with it and why I want to defend it today.”

Listen to the rest of our interview with Heisler of COLW on the “Bend Don’t Break” podcast at bendsource.com

Votaciones 2020

Fue una noche de grandes triunfos, grandes derrotas, y en algunos casos, de una espera más larga para saber el resultado final. Durante la noche electoral así se colocaron las elecciones del condado, locales y estatales.

Traducido por Jéssica Sánchez-Millar

Los resultados que se encuentran en la parte inferior, reflejan los resultados actuales de la noche del 3 de Noviembre, justo antes de que el Source Weekly fue enviado a imprenta a la media noche. Indicamos claramente a un ganador cuanfo una elección fue designada a un candidato. En aquellas candidaturas demasiado reñidas durante la noche electoral, hemos indicado el porcentaje de votos obtenidos por cada candidato. Visite nuestra página web bendsource.com y nuestras redes sociales @sourceweekly para así obtener información actualizada después de la noche electoral.

Consejo municipal de la ciudad de Bend

Posición 1 – Melanie Kebler Posición 2 – Anthony Broadman Posición 3 – Megan Perkins Posición 4 – Rita Schenkelberg

Condado Deschutes

Comisionado del condado Deschutes – Phil Chang Alguacil del condado Deschutes – L. Shane Nelson

Elecciones en el estado de Oregon

Senado de Oregon Distrito 27 – ningún resultado todavía - Eileen Kiely (D) – 50.34% / Tim Knopp (R ) 49.51% Cámara del estado de Oregon por el distrito 53 – Jack Zika Cámara del estado de Oregon por el distrito 54 – Jason Kropf Procurador del estado Oregon – Ellen Rosenblum Secretaría de Gobierno Oregon – Shemia Fagan

Representación de Oregon en Washington, D.C.

Cámara de representantes por los Estados Unidos por el distrito 2 – Cliff Bentz Senado por los Estados Unidos – Jeff Merkley Presidente por los Estados Unidos – (ningún resultado todavía)

Medidas y bonos

Bono de transporte de la ciudad de Bend – Aprobado Bono de la biblioteca del condado Deschutes – Aprobado Fin de los nuevos negocios de marihuana en el condado Deschutes County – Aprobado (los “No” votos ganan) Medidas 107, 108, 109 y 110 – Todos aprobados

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Vote 2020: Tuesday Night Election Results It was a night of big wins, big losses, and in some cases, a longer wait to find out the final result. This is where local, state and county races stood on Election Night

The results shown below reflect the most up-to-date results from the night of Nov. 3, just before the Source Weekly went to press at midnight that night. When a race was called for one candidate, we’ve indicated a clear winner. For those races too close to call on Election Night, we’ve indicated the percentage of votes going toward each candidate. Visit our website, bendsource.com, and our social media channels @sourceweekly for the most up-to-date information we have on local, county and state races.

*All results were unofficial as of Tuesday night. Bend and Deschutes County

While the Bend City Council’s races are non-partisan, it’s safe to say that the newly elected city councilors in Bend represent a “Blue Wave” for Bend. While just 73.89% of votes had been counted by press time late Tuesday night, the Council races as they stood then show progressive candidates sweeping the election.

Bend City Council Pos. 1 - Melanie Kebler

Kebler bested incumbent Justin Livingston in this race, with 61.59% of the votes to Livingston’s 38.11% Tuesday night.

Bend City Council Pos. 2 – Anthony Broadman

Broadman won handily over August Paul Johnson, with Broadman clocking in 79.91% of the votes as of Tuesday night.

Bend City Council Pos. 3 – Megan Perkins

Perkins had 53.51% of the votes over incumbent Chris Piper’s 38.22% in this race as of Tuesday night.

Bend City Council Pos. 4 – Rita Schenkelberg

Schenkelberg had 58.99% of the votes to Michael Hughes’ 31.44% Tuesday night.

Deschutes County Commissioner – Phil Chang

Democrat Phil Chang was ahead by 53.38% to incumbent Phil Henderson’s 46.53% Tuesday night.

Deschutes County Sheriff – L. Shane Nelson

Incumbent L. Shane Nelson appeared to be keeping his job as Sheriff, earning 55.60% of votes, compared to Scott Schaeir’s 44.03% as of Tuesday night.

Oregon State Races

The candidates vying for seats representing Bend and Central Oregon in the Oregon legislature saw some upsets Tuesday night, including a big win for Democratic challenger Jason Kropf in the House 54 race.

Oregon Senate District 27 – Too close to call Tuesday night.

While Democrat Eileen Kiely was ahead with 50.34% of the votes, compared to Republican Incumbent Tim Knopp’s 49.51%, the race was still close Tuesday night.

Oregon House District 53 – Jack Zika (R)

Zika, the Republican incumbent in this race, won the race this year over Democratic challenger Emerson Levy, a relative newcomer to Central Oregon.

Oregon House District 54 – Jason Kropf (D)

Kropf’s win was apparent early on in this race, besting incumbent Cheri Helt (R ) following a race that was marked by a series of attack ads from Helt’s campaign. Helt announced late in the race that she would cease using attack ads— but by then it appears the damage was done. Helt conceded the race Tuesday night. Kropf, a current Bend Park and Recreation District board member, told the Source Tuesday that he would remain on the BPRD board, but was “99% sure” he would be leaving his post as Deputy District Attorney in Deschutes County.

Attorney General – Ellen Rosenblum (D)

Rosenblum took a commanding lead in this race early on.

Oregon Secretary of State – Shemia Fagan (D)

Fagan won the race over fellow Oregon legislator and Republican Kim Thatcher.

“I want to thank Senator Kim Thatcher for a hard fought race,” Fagan stated Tuesday. “I am honored that a majority of the 2.3 million Oregonians who made their voices heard in this election have put their faith in me to be a Secretary of State for every Oregonian -- by continuing to make it easier to vote in Oregon, auditing state agencies so that our resources go to the people who need it most, and helping small businesses navigate this pandemic and succeed.”

National races Oregon’s Congressional District 2 – Cliff Bentz (R)

Long a Republican stronghold, the changing demographics of Central Oregon meant some held out hope that this seat in the U.S. Congress would flip to blue. It didn’t, and on Tuesday night, Oregon’s Right to Life supporters celebrated Bentz’s win.

Oregon U.S. Senator – Jeff Merkley (D).

Merkley won this handily over QAnon supporter Jo Rae Perkins.

Darris Hurst

A voter casts a last-minute ballot Tuesday afternoon.

*U.S. President/Vice President –

Too close to call Tuesday night. Sigh. Breathe. Sleep. Repeat.

Local Bonds/Measures Deschutes County Measure 9-134 - Prohibition on New Pot Businesses

The measure garnered 58.51% "No" votes and 41.49% "Yes" votes Tuesday night, thereby maintaining a ban on new pot operations in the county. Confused by the language of this measure? You're not the only one.

Measure 9-135 – City of Bend Transportation Bond – PASSED

Important transportation projects for the City of Bend will move forward, after voters passed this transportation bond. The tax increases won’t kick in until 2022—with the idea that we’ll be beyond the worst of the economic fallout from the pandemic by then.

Measure 9-139 – Deschutes Public Library Bond – Likely passed.

The Deschutes Public Library system may be able to move forward with expansions and a new Central Library, with 52.47% of voters in favor, compared to 47.53% voting no.

State Ballot Measures

Oregon voters passed a number of historic measures this election, voting in favor of creating a program for the clinical use of psilocybin, and decriminalizing all drugs in the state.

Measure 107 – Campaign Finance Reform – PASSED

The concept of reining in campaign cash is an exciting prospect, and while this measure gets Oregon closer to that, the Oregon state legislature still has to act on it and to create legislation to actually make this happen.

Measure 108 - Vape Tax – PASSED

This measure, adding more taxes onto vaping products, was a big win for health groups. “Oregon’s passage of Measure 108 is good news for the health of Oregon’s youth, for the health of Oregonians, and for lung health,” wrote Harold P. Wimmer, National President and CEO of the American Lung Association.

As of Jan. 1, e-cigarettes in Oregon will be taxed at a rate of 65% of the wholesale sales price and Oregon’s cigarette tax will be $3.33 per pack, a $2 increase from the previous tax. Taxes on premium cigars will also go up.

Measure 109 – Clinical Use of Psilocybin – PASSED

“Even before the pandemic, one in five adults in Oregon are struggling with mental health challenges, and that number is likely higher today,” said therapist Tom Eckert, chief petitioner for Measure 109, along with his wife, Sheri. “Now we can begin the two-year process of designing a safe new therapy that raises the bar for what’s possible in successful mental health treatment,” Sheri Eckert wrote Tuesday night.

Measure 110 – Drug Decriminalization – PASSED

“With so many lives touched by addiction and our state’s failure up to this point to properly deal with the crisis, voters proved they are eager stop ruining lives and start saving them,” said Janie Gullickson, co-chief petitioner of the measure and the Executive Director of the Mental Health and Addiction Association of Oregon. “This is such a big step in moving to a health-based approach instead of criminal punishment, and we’re devoting significant new resources to help Oregonians who need it.”

Follow our ongoing coverage of the 2020 election by signing up for the Cascades Reader at bendsource.com/newsletters. We’ll have reaction from candidates and final results in the coming days, both in the Cascades Reader and on our website, bendsource.com.