Opal Springs Fish Passage Project - Non-Capacity Amendment Process

Settlement Agreement Concerning License Amendment for Fish Passage at the Opal Springs Hydroelectric Project, FERC NO. 5891
Notice of availability of the Inital Consultation Document

For additional information, or to request to be put on the mailing list for updates on this project, please email fanderson@longviewassociates.com.

Updates and Recent Activity

February 7, 2012 - Joint/Public Meeting, Culver City Hall

Summary

The Deschutes Valley Water District (DVWD) has reached a Settlement Agreement (Agreement) with the National Marine Fisheries Service, the Bureau of Land Management, Fish and Wildlife Service, Bureau of Indian Affairs, the Oregon Department of Fish and Wildlife, and Trout Unlimited concerning fish passage at the Opal Springs Hydroelectric Project. DVWD is now initiating three-stage consultation in preparation for filing a license amendment.

The Agreement was sought by federal, state, and non-governmental organizations who are working to reestablish populations of anadromous fish in the upper Deschutes Basin, including Middle-Columbia Steelhead which are listed as Threatened under the Endangered Species Act (ESA). Bull trout, also listed as Threatened under the ESA, are also present in the area. This reintroduction effort began in 2007 following the relicensing of the downstream Pelton Round Butte Project, owned by Portland General Electric and the Confederated Tribes of the Warm Springs Reservation of Oregon. In agreeing to provide fish passage DVWD sought assurances that its essential project operations would remain unchanged for the balance of the current license term through 2032 and that it would be able seek outside resources to help pay for the new facilities.

Under the terms of the Agreement, the DVWD will have two years to secure outside funding and file for a license amendment from the Federal Energy Regulatory Commission (FERC). Once approved, DVWD will:

Build a fish ladder that will operate over a 3 foot range of pool elevations;
Raise the authorized pool elevation by 6 feet, using one or more inflatable control weirs to help shape downstream flows;
Implement a water credit accounting system known as the Bypass Flow Accrual Account (BFAA) that will provide for additional water, when needed, to the bypass reach to assist upstream fish passage and/or to assist downstream fish passage;
Carry out a Monitoring and Evaluation (M&E) Plan for assessing the performance of the fish passage facilities against Performance Standards; and
Follow a two-tiered adaptive management framework for reviewing M&E results and implementing additional measures, if needed.

In addition to securing ESA coverage for its facilities and operations for the duration of its current license term, the agreement allows DVWD to protect its essential operations and gain some additional generation benefits from the pool raise.

Initial Consultation Document

The next step in this process is initiating consultation with agencies and tribes. An Initial Consultation Document (ICD) was filed on December 21, 2012. At this point, interested members of the public are also being brought into the process. A Joint Meeting is being scheduled for February 7, 2012. The meeting will be held at the Culver Fire Hall at 2:00 pm. The Fire Hall is located at 200 SW 1st Street, Culver Oregon.

The ICD and the complete text of the settlement agreement can be accessed at (website). If you would like to be kept informed of upcoming public meetings, please contact Finlay Anderson at fanderson@longviewassociates.com ; (503) 335-5806.

About DVWD

DVWD provides water to approximately 4,000 residential and commercial customers in Jefferson County. Water is provided through wells that tap into deep artisan springs from the bottom of the 846 foot canyon where the Opal Springs Project is located. From there the water is pumped up to the canyon rim and distributed throughout the DVWD’s service area. The Hydroelectric Project is a vital part of the DVWD operations, which enable DVWD to keep water rate increases to a minimum. These rates in turn help local business thrive. These include bottling companies which market the Opal Springs Water, such as Earth H2O and the Opal Springs Water Company.

Background/Basin Wide Context

The project sits at the lower end of the Crooked River, in Jefferson County and currently presents an upstream passage barrier for anadromous fish which are being reintroduced to the Deschutes Basin. Bull trout are also present in the area, and are expected to utilize the facilities to access critical habitat. Upstream fish passage at the project will reconnect over 100 miles of habitat in the Crooked River, McKay Creek, and Ochoco Creek, where the Crooked River Watershed Council, the US Forest Service, Bureau of Land Management and others are completing habitat restoration and fish passage projects.

DVWD is half-way through its 50 year FERC license, which expires in 2032. Fish passage is not a requirement of the current license. As a result of this agreement, DVWD will voluntarily seek a license amendment to modify its facilities to provide for both upstream and downstream passage at the project.

Additional Information

For additional information contact:

Finlay Anderson

Senior Consultant

Long View Associates

(503) 335-5806

email: fanderson@longviewassociates.com

Gary Lytle

Hydro Operations Manager

Deschutes Valley Water District (DVWD)

(541) 546-6141

email: Fish.passage@dvwd.org