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• 91. [Image] ESA basics: 30 years of protecting endangered species

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  	Citation × Citation Citation Abstract Copy Title: ESA basics: 30 years of protecting endangered species Year: 2004, 2006, 2005 Electronic resource; Title from title screen; Title: ESA basics: 30 years of protecting endangered species Year: 2004, 2006, 2005 Electronic resource; Title from title screen; Close

• 92. [Image] Klamath Federal Reclamation Project : Oregon-California

  	- 7' -, > \ UNITED STATES DEPARTMENT OF THE INTERIOR B U R E A U O F R E C L A M A T I O N U N I T E D S T A T E S G O V E R N M E N T P R I N T I N G O F F I C E W A S H I N G T O N : 1936 FEDERAL RECLAMATION ...
  	Citation × Citation Citation Abstract Copy Title: Klamath Federal Reclamation Project : Oregon-California Author: United States. Bureau of Reclamation Year: 1936, 2005 - 7' -, > \ UNITED STATES DEPARTMENT OF THE INTERIOR B U R E A U O F R E C L A M A T I O N U N I T E D S T A T E S G O V E R N M E N T P R I N T I N G O F F I C E W A S H I N G T O N : 1936 FEDERAL RECLAMATION PROJECT OREGON - CALIFORNIA n )> >> GENERAL STATEMENT THEKla m- ath reclamation project comprises practically all of the agricultural land in the Klamath Basin, except a small area adjacent to Upper Klamath Lake, and is situated in southern Oregon and northern California. The extent of the area irrigated, or that may be irrigated by reason of Bureau of Reclamation activities, is approxi-mately 140,000 acres. This includes about 20,000 acres suitable only for pasture and approximately 12,000 acres of good land in the Tule Lake division not yet opened for settlement. Within the older developed sections of the project the soil is mostly of a sandy loam . type that is particularly suitable for growing potatoes and summer vegetables as well as all of the ordinary crops that thrive in a cool, tem-perate climate. The price of this type of land ranges from $ 100 to $ 200 per acre. The water- right cost, which origi- Klamath Falls, Oregon, the prolect office headquarters nally was about $ 55 per acre, is approximately half paid up. The balance has an average of about 25 years to run without interest. Operation and maintenance costs usually run about $ 1.25 an acre per annum. I R R I G A B L E L A N D S The Tule Lake division of the project, which will eventually comprise about 32,000 acres of agricultural land and about 5,000 acres of thin soil land good only for pasture, carries a construction charge of $ 88.35, with 40 years in A! Klamath : desert. Looking~ southwest up Lan Valley from a point 4 miles west of Lorella, Ore which to pay without interest. No payments have been required to date, but the Secretary of the Interior will soon issue public notice announcing the commencement of pay-ments, which will be approximately $ 2.20 per acre each year. In addition to the construction charge, there is an operation and maintenance charge which will probably run between $ 1.50 and $ 2 un acre a year. These lands are of lacustrian origin and are very fertile. They are particularly adapted to the growth of small grains, alfalfa, and pasture grasses. Patented land in this division sells for $ 50 to $ 100 per acre. Patented lands in private ownership, where of goc; d quality, well improved and conveniently situated, can be purchased for from $ 150 to $ 200 per acre. Good lands not so well improved nor so desirably located sell at around $ 100 per acre. There is very little undeveloped, privately owned good land on the project. Small tracts of 5, 10, or 20 acres, located along paved highways and within 6 to 8 miles of Klamath Falls, are obtainable at from $ 200 to $ 400 per acre. W A T E R S U P P L Y The Klamath project is ! ortunate in having an abundant water supply for all lands susceptible of irrigation. The map on the inside of the back cover page shows the location of the three reservoirs and their immediate proximity to the lands they serve. The irrigable project lands lie between elevations of 4,035 and 4,070 feet above sea level and occupy the Klamath Basin and the Valley of Lost River, situated in south central Oregon and north central California, about 150 miles east of the Pacific coast. The average annual pre-cipitation is 12.51 inches. SCHOOLS Klamath County schools are run on the county unit basis Public School in Klamath Falls and are fully up to standard. Busses run at county expense transport rural children to and from school, and there is no lost time on account of bad weather. Within the county there are 9,242 children of school age, 4,107 of these within the city of Klamath Falls. The high school enrollment for Klamath Falls is 1,156, and for the remainder of the county is 459. There are 9 high schools in the county that employ 62 teachers. The grade schools employ 185 teachers, of whom' 76 are in the city of Klamath Falls. : let of concrete flume, Canal C, of the main project structures R E C R E A T I O N No part of the United States affords more interesting and attractive recreational areas than are found near at hand and in all directions from the Klamath project. From 1 to 2 hours in any kind of an automobile is sufficient to land one on the banks of a cold mountain stream inhabited by many wary trout or alongside the shores of any one of a half dozen crystal lakes, where boating and bathing may be enjoyed to the full. Some of the lakes that are conven-iently located with reference to the project, and where many summer camps as well as extensive hotel and camp accommodations already exist, are Upper Klamath Lake, Lake of the Woods, Crater Lake, Diamond Lake, Crescent I., ake, Ode11 Lake, and Paulina Lake. The most distant of the lot, Paulina Lake, can be reached in 3 hours' driving from Klamath Falls. Some of the important recreational areas lying in convenient distances from the project are shown in the ilh~ strationsa ccompanying this chapter. The principal water supply is in Upper Klamath Lake, where regulation provides a possible storage of about 524,800 acre- feet, and this with the natural inflow insures the lands served from this source an adequate water supply at all times. Under the terms of the contract dated February 24, 1917, between the United States and the California- Oregon Power Co., the power company was given the right to regulate the outflow of Upper Klamath Lake, subject to existing rights and the prior rights of the Klamath project for water for irrigation. To regulate the outflow, the company, in 1921, constructed the Link River Dam at a cost of about $ 310,000. Storage for the lands on the west side of Langell Valley and a portion of the lands in the Horsefly irrigation district is provided by Clear Lake Reservoir. This reservoir, lying just across the line in California, is the source of Lost River and has a total capacity of 454,000 acre- feet, most of which was made available during 1931 by the construction of a channel from the outlet works to the deeper portion of the reservoir, a distance of about 6 miles. The reservoir is also used for flood storage for the protection of lands in the Tule Lake division. Gerber Reservoir, on Miller Creek, a tributary of Lost River, has a storage capacity of 94,000 acre- feet and fur-nishes a water supply for the lands on the east side of Lost River in the Langell Valley division. This reservoir also provides for the storage of flood water for the protection of lands in the Tule Lake division. Water from Upper Klamath Lake is diverted to the main or " A" canal from the east side of Link River, the outlet of the lake, several hundred feet below the lake and a few I I / Klamath River near Klamath Falls k River diversion dam Alfalfa field near Malin, Oreg. Two cuttings are grown, which yield 2- 4 tons per acre on the older project lands, and 3- 6 in Tule Lake section hundred feet above Link River Dam. Water for all lands in the main and pumping divisions and for a portion of the lands in the Tule Lake division are diverted through the " A" canal. Additional water for the lands in the Tule Lake division is diverted from the Klamath River, through the Lost River diversion channel ( reversing the direction of flow), and spilled into Lost River, frcm which it is diverted to the " J" canal at a point about 3 miles southeasterly from Merrill, Oreg. At this point the river level is raised about 12 feet by means of the lower Lost River diversion dam, a concrete structure of the Ambursen type, with a crest length of 204 feet. The Lost River diversion channel leads off from Lost River at a point about 10 miles southeast of Klamath Falls, Oreg., immediately above a hollow U- shaped concrete dam which raises the river level about 23 feet. Prior to the Irrigating a 65- acre field of potatoes; showing application of m irrigation season the flow of Lost River is diverted to the Klamath River and wasted; however, after the spring flood flow of Lost River has passed and water for irrigation in the Tule Lake division is required, the flow of Lost River is ~ assed through the dam and down to the " J" canal. This flow is augmented, when demand is heavy, from Klamath River as indicated ahve. Lands on the east side of Langell Valley division are served by the north canal, which diverts water from Miller Creek at the Miller Creek Dam, located about 6 miles below Gerber Dam. At this point the water surface in Miller Creek is raised by placing flashboards against wooden trestles, the grade of the canal and that of the stream being substan-tially the same elevation. The lands on the west side of Lost River in the Langell Valley division are served by the West Canal, which diverts water from Lost River at the Malone Dam, located about 42 miles southeasterly from Klamath Falls, Oreg. At this point the level of Lost River is raised about 18 feet by means of an earth diversion dam. Clear Lake Reservoir provides storage for the West Canal. TOWNS Klamath Falls, Merrill, Malin, and Bonanza are project towns, the first named being the principal city in southern, Oregon east of the Cascades. It has a population of approximately 16,000 and is the distributing center for a large territory. Klamath County has a population of 32,400, one- half residing in the city of Klamath Falls and perhaps 4,000 more in suburban districts only a few miles away. Merrill and Malin are small towns within the irrigated area with populations of six or seven hundred each. In Klamath Basin are some 1,800 farms and approximately as many farm families. LUMBERING Approximately 30 mills and box factories are in operation, this district being the largest manufacturing center of box shook in the United States. The Klamath district contains the heaviest stand of yellow pine left in the United States. Throughout the spring, summer, and fall all lumber com-panies maintain large pay rolls both in the plants and in the lumber camps. Lumber contributes greatly to the heavy traffic originating at K! amath Falls, making this city the second largest shipping point in Oregon. The majority of the mills and box factories are located in or near Klamath Falls. T R A N S P O R T A T I O N Two main- line railways, the Southern Pacific and Great Northern, enter Klamath Falls and traverse the project throughout its longest dimension. Hard- surfaced highways radiate from Klamath Falls in all directions, connecting with Portland, Sun Francisco, and Salt Lake. These high-ways supplemented by county market roads penetrate all sections of the project, with the result that few farms are more than a mile from a hard- surfaced outlet. CLIMATE The Klamath Basin has a remarkably pleasant and healthful climate. Winters are not cold, and summers are not hot. Precipitation, which amounts to about 12): inches a year on the average, falls mainly from November to April. Late and early frosts are to be expected, and occasionally light frosts occur even in the summer months. me on the Main division of the project A G R I C U L T U R E The principal crops grown are potatoes, alfalfa, small grains, and vegetables. The yield of small grains in the Tule Lake area is unusually high. Oats frequently make 100 bushels per acre; barley runs from 60 to 80; and any good wheat field will thresh out more than 40 bushels per acre. Potatoes, when conditions are right, are par excelience the big money crop. A good yield of tubers is considered to be around 150 sacks of U. S. No. 1' s per acre, and every year a few fields are reported with yields of double that amount. The price for potatoes is unstable, depending on the market demand, and ranges from about 50 cents to $ 1.50 a sack. The quality of Klamath potatoes on the Sun Francisco market is recognized as the best, and the price usually ranges from 10 to 20 cents a sack higher than is paid for Washington and Idaho production. Flock of 6,000 turkeys being fattened for market L I V E S T O C K Cattle. On account of its geographical location, sur-rounded as it is with immense areas of sagebrush plateaus and forest ranges, the Klamath project is, and probably always will be, essentially a stock country. Its cheap forage, abundant water and mild winters offer ideal con-ditions for the wintering of range stock and the fattening of mature animals for market. Favorable feeding- in- transit rates for both grass and feed lot cattle have resulted in the fattening, locally, of thousands of range and outside cattle. The beef industry alone returns approximately $ 900,000 annually. There are several killing and manu-facturing plants located in Klamath Falls. Sheep. Approxinately 150,000 ewes are maintained in the Klamafh Basin with an average annual output of about three- quarters of a million dollars. From 75,000 to 100,000~ lambs~ afraet tened for market each year on the project. Sun Francisco js the principal market. licken ranch. The production of eggs chickens is an important industry A project Holstein dairy her Dairying. The dairying industry is increasing steadily on the project. There are now about 8,000 milk cows in the district. Klamath Falls, with its large industrial popu-lation, furnishes a good market for milk, butter, and cheese. Two local cooperative cheese manufacturing plants and four privately owned creameries operate in the district. The value of the dairy industry is approximately $ 600,000 annually. Local dairy prices for butterfat are maintained at l> e to 2 cents above the State average cwing to the favored position of the project-- half- way between Portland and Sun Francisco. This district offers many opportunities for increased dairying production, as costs are compara-tively low and climatic conditions are favorable. Ewes and lambs on Tule Lake leased lands OREGON - CALIFORNIA MAP NO. 27606 Scale of Miles 1 -- 0 1 2- 3 4 6 1 Title: Klamath Federal Reclamation Project : Oregon-California Author: United States. Bureau of Reclamation Year: 1936, 2005 - 7' -, > \ UNITED STATES DEPARTMENT OF THE INTERIOR B U R E A U O F R E C L A M A T I O N U N I T E D S T A T E S G O V E R N M E N T P R I N T I N G O F F I C E W A S H I N G T O N : 1936 FEDERAL RECLAMATION PROJECT OREGON - CALIFORNIA n )> >> GENERAL STATEMENT THEKla m- ath reclamation project comprises practically all of the agricultural land in the Klamath Basin, except a small area adjacent to Upper Klamath Lake, and is situated in southern Oregon and northern California. The extent of the area irrigated, or that may be irrigated by reason of Bureau of Reclamation activities, is approxi-mately 140,000 acres. This includes about 20,000 acres suitable only for pasture and approximately 12,000 acres of good land in the Tule Lake division not yet opened for settlement. Within the older developed sections of the project the soil is mostly of a sandy loam . type that is particularly suitable for growing potatoes and summer vegetables as well as all of the ordinary crops that thrive in a cool, tem-perate climate. The price of this type of land ranges from $ 100 to $ 200 per acre. The water- right cost, which origi- Klamath Falls, Oregon, the prolect office headquarters nally was about $ 55 per acre, is approximately half paid up. The balance has an average of about 25 years to run without interest. Operation and maintenance costs usually run about $ 1.25 an acre per annum. I R R I G A B L E L A N D S The Tule Lake division of the project, which will eventually comprise about 32,000 acres of agricultural land and about 5,000 acres of thin soil land good only for pasture, carries a construction charge of $ 88.35, with 40 years in A! Klamath : desert. Looking~ southwest up Lan Valley from a point 4 miles west of Lorella, Ore which to pay without interest. No payments have been required to date, but the Secretary of the Interior will soon issue public notice announcing the commencement of pay-ments, which will be approximately $ 2.20 per acre each year. In addition to the construction charge, there is an operation and maintenance charge which will probably run between $ 1.50 and $ 2 un acre a year. These lands are of lacustrian origin and are very fertile. They are particularly adapted to the growth of small grains, alfalfa, and pasture grasses. Patented land in this division sells for $ 50 to $ 100 per acre. Patented lands in private ownership, where of goc; d quality, well improved and conveniently situated, can be purchased for from $ 150 to $ 200 per acre. Good lands not so well improved nor so desirably located sell at around $ 100 per acre. There is very little undeveloped, privately owned good land on the project. Small tracts of 5, 10, or 20 acres, located along paved highways and within 6 to 8 miles of Klamath Falls, are obtainable at from $ 200 to $ 400 per acre. W A T E R S U P P L Y The Klamath project is ! ortunate in having an abundant water supply for all lands susceptible of irrigation. The map on the inside of the back cover page shows the location of the three reservoirs and their immediate proximity to the lands they serve. The irrigable project lands lie between elevations of 4,035 and 4,070 feet above sea level and occupy the Klamath Basin and the Valley of Lost River, situated in south central Oregon and north central California, about 150 miles east of the Pacific coast. The average annual pre-cipitation is 12.51 inches. SCHOOLS Klamath County schools are run on the county unit basis Public School in Klamath Falls and are fully up to standard. Busses run at county expense transport rural children to and from school, and there is no lost time on account of bad weather. Within the county there are 9,242 children of school age, 4,107 of these within the city of Klamath Falls. The high school enrollment for Klamath Falls is 1,156, and for the remainder of the county is 459. There are 9 high schools in the county that employ 62 teachers. The grade schools employ 185 teachers, of whom' 76 are in the city of Klamath Falls. : let of concrete flume, Canal C, of the main project structures R E C R E A T I O N No part of the United States affords more interesting and attractive recreational areas than are found near at hand and in all directions from the Klamath project. From 1 to 2 hours in any kind of an automobile is sufficient to land one on the banks of a cold mountain stream inhabited by many wary trout or alongside the shores of any one of a half dozen crystal lakes, where boating and bathing may be enjoyed to the full. Some of the lakes that are conven-iently located with reference to the project, and where many summer camps as well as extensive hotel and camp accommodations already exist, are Upper Klamath Lake, Lake of the Woods, Crater Lake, Diamond Lake, Crescent I., ake, Ode11 Lake, and Paulina Lake. The most distant of the lot, Paulina Lake, can be reached in 3 hours' driving from Klamath Falls. Some of the important recreational areas lying in convenient distances from the project are shown in the ilh~ strationsa ccompanying this chapter. The principal water supply is in Upper Klamath Lake, where regulation provides a possible storage of about 524,800 acre- feet, and this with the natural inflow insures the lands served from this source an adequate water supply at all times. Under the terms of the contract dated February 24, 1917, between the United States and the California- Oregon Power Co., the power company was given the right to regulate the outflow of Upper Klamath Lake, subject to existing rights and the prior rights of the Klamath project for water for irrigation. To regulate the outflow, the company, in 1921, constructed the Link River Dam at a cost of about $ 310,000. Storage for the lands on the west side of Langell Valley and a portion of the lands in the Horsefly irrigation district is provided by Clear Lake Reservoir. This reservoir, lying just across the line in California, is the source of Lost River and has a total capacity of 454,000 acre- feet, most of which was made available during 1931 by the construction of a channel from the outlet works to the deeper portion of the reservoir, a distance of about 6 miles. The reservoir is also used for flood storage for the protection of lands in the Tule Lake division. Gerber Reservoir, on Miller Creek, a tributary of Lost River, has a storage capacity of 94,000 acre- feet and fur-nishes a water supply for the lands on the east side of Lost River in the Langell Valley division. This reservoir also provides for the storage of flood water for the protection of lands in the Tule Lake division. Water from Upper Klamath Lake is diverted to the main or " A" canal from the east side of Link River, the outlet of the lake, several hundred feet below the lake and a few I I / Klamath River near Klamath Falls k River diversion dam Alfalfa field near Malin, Oreg. Two cuttings are grown, which yield 2- 4 tons per acre on the older project lands, and 3- 6 in Tule Lake section hundred feet above Link River Dam. Water for all lands in the main and pumping divisions and for a portion of the lands in the Tule Lake division are diverted through the " A" canal. Additional water for the lands in the Tule Lake division is diverted from the Klamath River, through the Lost River diversion channel ( reversing the direction of flow), and spilled into Lost River, frcm which it is diverted to the " J" canal at a point about 3 miles southeasterly from Merrill, Oreg. At this point the river level is raised about 12 feet by means of the lower Lost River diversion dam, a concrete structure of the Ambursen type, with a crest length of 204 feet. The Lost River diversion channel leads off from Lost River at a point about 10 miles southeast of Klamath Falls, Oreg., immediately above a hollow U- shaped concrete dam which raises the river level about 23 feet. Prior to the Irrigating a 65- acre field of potatoes; showing application of m irrigation season the flow of Lost River is diverted to the Klamath River and wasted; however, after the spring flood flow of Lost River has passed and water for irrigation in the Tule Lake division is required, the flow of Lost River is ~ assed through the dam and down to the " J" canal. This flow is augmented, when demand is heavy, from Klamath River as indicated ahve. Lands on the east side of Langell Valley division are served by the north canal, which diverts water from Miller Creek at the Miller Creek Dam, located about 6 miles below Gerber Dam. At this point the water surface in Miller Creek is raised by placing flashboards against wooden trestles, the grade of the canal and that of the stream being substan-tially the same elevation. The lands on the west side of Lost River in the Langell Valley division are served by the West Canal, which diverts water from Lost River at the Malone Dam, located about 42 miles southeasterly from Klamath Falls, Oreg. At this point the level of Lost River is raised about 18 feet by means of an earth diversion dam. Clear Lake Reservoir provides storage for the West Canal. TOWNS Klamath Falls, Merrill, Malin, and Bonanza are project towns, the first named being the principal city in southern, Oregon east of the Cascades. It has a population of approximately 16,000 and is the distributing center for a large territory. Klamath County has a population of 32,400, one- half residing in the city of Klamath Falls and perhaps 4,000 more in suburban districts only a few miles away. Merrill and Malin are small towns within the irrigated area with populations of six or seven hundred each. In Klamath Basin are some 1,800 farms and approximately as many farm families. LUMBERING Approximately 30 mills and box factories are in operation, this district being the largest manufacturing center of box shook in the United States. The Klamath district contains the heaviest stand of yellow pine left in the United States. Throughout the spring, summer, and fall all lumber com-panies maintain large pay rolls both in the plants and in the lumber camps. Lumber contributes greatly to the heavy traffic originating at K! amath Falls, making this city the second largest shipping point in Oregon. The majority of the mills and box factories are located in or near Klamath Falls. T R A N S P O R T A T I O N Two main- line railways, the Southern Pacific and Great Northern, enter Klamath Falls and traverse the project throughout its longest dimension. Hard- surfaced highways radiate from Klamath Falls in all directions, connecting with Portland, Sun Francisco, and Salt Lake. These high-ways supplemented by county market roads penetrate all sections of the project, with the result that few farms are more than a mile from a hard- surfaced outlet. CLIMATE The Klamath Basin has a remarkably pleasant and healthful climate. Winters are not cold, and summers are not hot. Precipitation, which amounts to about 12): inches a year on the average, falls mainly from November to April. Late and early frosts are to be expected, and occasionally light frosts occur even in the summer months. me on the Main division of the project A G R I C U L T U R E The principal crops grown are potatoes, alfalfa, small grains, and vegetables. The yield of small grains in the Tule Lake area is unusually high. Oats frequently make 100 bushels per acre; barley runs from 60 to 80; and any good wheat field will thresh out more than 40 bushels per acre. Potatoes, when conditions are right, are par excelience the big money crop. A good yield of tubers is considered to be around 150 sacks of U. S. No. 1' s per acre, and every year a few fields are reported with yields of double that amount. The price for potatoes is unstable, depending on the market demand, and ranges from about 50 cents to $ 1.50 a sack. The quality of Klamath potatoes on the Sun Francisco market is recognized as the best, and the price usually ranges from 10 to 20 cents a sack higher than is paid for Washington and Idaho production. Flock of 6,000 turkeys being fattened for market L I V E S T O C K Cattle. On account of its geographical location, sur-rounded as it is with immense areas of sagebrush plateaus and forest ranges, the Klamath project is, and probably always will be, essentially a stock country. Its cheap forage, abundant water and mild winters offer ideal con-ditions for the wintering of range stock and the fattening of mature animals for market. Favorable feeding- in- transit rates for both grass and feed lot cattle have resulted in the fattening, locally, of thousands of range and outside cattle. The beef industry alone returns approximately $ 900,000 annually. There are several killing and manu-facturing plants located in Klamath Falls. Sheep. Approxinately 150,000 ewes are maintained in the Klamafh Basin with an average annual output of about three- quarters of a million dollars. From 75,000 to 100,000~ lambs~ afraet tened for market each year on the project. Sun Francisco js the principal market. licken ranch. The production of eggs chickens is an important industry A project Holstein dairy her Dairying. The dairying industry is increasing steadily on the project. There are now about 8,000 milk cows in the district. Klamath Falls, with its large industrial popu-lation, furnishes a good market for milk, butter, and cheese. Two local cooperative cheese manufacturing plants and four privately owned creameries operate in the district. The value of the dairy industry is approximately $ 600,000 annually. Local dairy prices for butterfat are maintained at l> e to 2 cents above the State average cwing to the favored position of the project-- half- way between Portland and Sun Francisco. This district offers many opportunities for increased dairying production, as costs are compara-tively low and climatic conditions are favorable. Ewes and lambs on Tule Lake leased lands OREGON - CALIFORNIA MAP NO. 27606 Scale of Miles 1 -- 0 1 2- 3 4 6 1 Close

• 93. [Image] Recovery of wild salmonids in western Oregon forests : Oregon Forest Practices Act rules and the measures in the Oregon plan for salmon and watersheds

  	"September 8, 1999."
  	Citation × Citation Citation Abstract Copy Title: Recovery of wild salmonids in western Oregon forests : Oregon Forest Practices Act rules and the measures in the Oregon plan for salmon and watersheds Author: Independent Multidisciplinary Science Team (Or.) Year: 1999, 2005 "September 8, 1999." Title: Recovery of wild salmonids in western Oregon forests : Oregon Forest Practices Act rules and the measures in the Oregon plan for salmon and watersheds Author: Independent Multidisciplinary Science Team (Or.) Year: 1999, 2005 "September 8, 1999." Close

• 94. [Image] Water rights in Oregon : an introduction to Oregon's water laws and water rights system

  	CONTENTS THE WATER RESOURCES COMMISSION AND DEPARTMENT 1c "To serve the public by practicing and promoting wise long-term water management. " 1.¨REGON WATER LAWS 22 water management in Oregon 2.°ATER PROTECTIONS ...
  	Citation × Citation Citation Abstract Copy Title: Water rights in Oregon : an introduction to Oregon's water laws and water rights system Author: Oregon. Water Resources Dept. Year: 2004, 2005 CONTENTS THE WATER RESOURCES COMMISSION AND DEPARTMENT 1c "To serve the public by practicing and promoting wise long-term water management. " 1.¨REGON WATER LAWS 22 water management in Oregon 2.°ATER PROTECTIONS AND RESTRICTIONS 262011 managing water appropriations 3.¨BTAINING NEW WATER RIGHTS 185 gaining authorization to use water 4.¨THER WATER RIGHTS 197 authorization for water use 5.­RANSFERRING WATER RIGHTS 1c1 existing rights for new uses 6.SANCELLING WATER RIGHTS 1c5 loss of water rights through non-use 7.SONSERVATION 1c8 encouraging efficient water use 8.xINDING WATER RIGHTS 1d1 determining if you have a water right 9.°ATER DISTRIBUTION AND ENFORCEMENT 1d2 watermasters and field staff protecting rights and resources 10.«EGION OFFICES AND WATERMASTER DISTRICTS 1d4 11.xEES 1d6 APPENDIX A 1d7 other development permits WATER RIGHTS IN OREGON Title: Water rights in Oregon : an introduction to Oregon's water laws and water rights system Author: Oregon. Water Resources Dept. Year: 2004, 2005 CONTENTS THE WATER RESOURCES COMMISSION AND DEPARTMENT 1c "To serve the public by practicing and promoting wise long-term water management. " 1.¨REGON WATER LAWS 22 water management in Oregon 2.°ATER PROTECTIONS AND RESTRICTIONS 262011 managing water appropriations 3.¨BTAINING NEW WATER RIGHTS 185 gaining authorization to use water 4.¨THER WATER RIGHTS 197 authorization for water use 5.­RANSFERRING WATER RIGHTS 1c1 existing rights for new uses 6.SANCELLING WATER RIGHTS 1c5 loss of water rights through non-use 7.SONSERVATION 1c8 encouraging efficient water use 8.xINDING WATER RIGHTS 1d1 determining if you have a water right 9.°ATER DISTRIBUTION AND ENFORCEMENT 1d2 watermasters and field staff protecting rights and resources 10.«EGION OFFICES AND WATERMASTER DISTRICTS 1d4 11.xEES 1d6 APPENDIX A 1d7 other development permits WATER RIGHTS IN OREGON Close

• 95. [Image] The Oregon plan for salmon and watersheds

  	KCAMATH FALLS. QREEON THE OREGON PLAN FOR SALMON AND WATERSHEDS The purpose of the Oregon Plan for Salmon and Watersheds ( the " Oregon Plan") as stated in the Plan and reaffirmed in this Executive Order ...
  	Citation × Citation Citation Abstract Copy Title: The Oregon plan for salmon and watersheds Author: Oregon. Office of the Governor Year: 1999, 2005, 2004 KCAMATH FALLS. QREEON THE OREGON PLAN FOR SALMON AND WATERSHEDS The purpose of the Oregon Plan for Salmon and Watersheds ( the " Oregon Plan") as stated in the Plan and reaffirmed in this Executive Order is to restore Oregon's wild salmon and trout populations and fisheries to sustainable and productive levels that will provide substantial environmental, cultural, and economic benefits and to improve water quality. The Oregon Plan is a long- term, ongoing effort that began as a focused set of actions by state, local, tribal and private organizations and individuals in October of 1995. The Oregon Plan first addressed coho salmon on the Oregon Coast, was then broadened to include steelhead trout on the coast and in the Lower Columbia River, and is now expanding to all at- risk wild salmonids throughout the state. The Oregon Plan addresses all factors for decline of these species, including watershed conditions arid fisheries, to the extent those factors can be affected by the state. The Oregon Plan was endorsed and funded by the Oregon Legislature in 1997 through Oregon Senate Bill 924 ( 1 997 Or. Laws, ch. 7) and House Bill 3700 ( 1 997 Or. Laws, ch.' 8). The Oregon Plan is described in two principal documents: " The Oregon Plan," dated March 1997, and " The Oregon Plan for Salmon and Watersheds, Supplement I - steelhbad," dated January 1998. As used in this Executive Order, + the Oregon Plan also incorporates the Healthy Streams Partnership ( Oregon Senate Bill 101 0, 1 993- Or. Laws, ch. 263). The Oregon Plan is a cooperative effort of state, local, federal, tribal and private organizations and individuals. Although the Oregon Plan contains a strong foundation of protective regulations -- continuing existing regulatory programs and speeding the implementation of others - an essential principle of the Plan is the need to move beyond prohibitions and to encourage efforts to improve conditions for salmon through non- regulatory means. Many of the most significant contributions to the Oregon Plan are private and quasi- governmental efforts to protect and . restore salmon on working landscapes, including efforts by watershed councils. Salmon and trout restoration requires action and sacrifice across the entire economic and geographic spectrum of Oregon. The commercial and sport fishing industries in Oregon have been heavily affected by complete or partial closures of fisheries. The forest industry operates under the Oregon Forest Practices Act, and has contributed substantially to salmon recovery through habitat restoration projects on private lands and by funding a large pan of the state recovery efforts. The agriculture and mining industries are also taking actions that will protect and restore salmon and trout habitat and improve water quality ( including financial support of restoration efforts by the mining industry). Urban areas are developing water conservation programs, spending funds for wastewater treatment improvements to reduce point source pollution, reducing non- point source pollution and reducing activities that degrade riparian areas. All citizens of Oregon share responsibility for declining populations of wild salmon and trout, and it is important that there be both a broad commitment to reversing these historic trends and a sense that the burdens of restoration are being shared by all of society. It is also important that there be independent scientific oversight of the Oregon Plan. This oversight is being provided by the Independent Mutidisciplinary Science Team ( IMST), established under Oregon Senate Bill 924 ( 1 997 Or. Laws, ch. 7). ~ d'ditional legislative oversight for the Oregon Plan is being provided by the Joint Legislative Committee on . Salmon and Stream Enhancement ( the " Joint Committee!'). Under the federal Endangered Species Act ( ESA) the U. S. Fish & Wildlife Service . . ( F& WS) and the National Marine Fisheries Service ( NMFS) are responsible for identifying species that are threatened or endangered, and for developing programs to conserve and recover lhose species. F& WS and NMFS have now listed salmonids under the ESA on the entire Oregon Coast, the lower Columbia River ( including most of the Portland metropolitan area). the la math River basin, and in the upper Columbia and Snake River basins. More listings are expected within the next year. To date, the F& WS and NMFS generally have not had the resources to develop and implement effective recovery plans for fisheries. In addition, in many areas a large proportion of the habitat that list'ed'salmonids depend on is located on private lands, where the regulatory tools under the ESA are relatively ' ill- defined and indirect. Finally, federal agencies alone, even if they take an active regulatory approach. to recovery, will not restore listed salmonids. The federal ESA may work to prohibit certain actions, but there is simply too much habitat on private lands for restoration to succeed without pro- active involvement and incentives for individuals, groups, and local governments to take affirmative actions to restore habitat on working landscapes. In April, 1997 the State of Oregon and NMFS entered into a Memorandum of Agreement ( MOA) under which the State agreed to continue existing measures under the March 1997 Oregon Plan and to take certain additional actions to protect and restbre coho salmon on the Oregon Coast. On May 6, 1997, NMFS determined that the Oregon Coast Evolutionarily Significant Unit ( ESU) of coho salmon did not warrant listing as a threatened or endangered species under the ESA. On June 2, 1998, the US. District Court for Oregon ordered NMFS to reconsider its decision without taking into account any parts of the Oregon Plan or MOA that are not " current enforceable measures." The U. S. District Court for Oregon also held that the MOA was speculative, due to the fact that it provided for termination by either party on thirty days notice, and that therefore the MOA could not be considered by NMFS ' in its listing decision. Under court order, NMFS reconsidered its decision without taking into account the application in the future of the harvest and hatchery measures contained in the Oregon Plan, or the habitat improvement programs being undertaken under the Oregon Plan, or the commitments made by the State of Oregon in the MOA for improvement of applicable habitat measures. Accordingly, NMFS listed Oregon Coast .. . coho as threatened undefthe ESA on or about October 2, 1998. - The MOA provided for the State of Oregon to take actions necessary to ensfie that - Oregon Coast coho did not warrant listing as a threatened or endangered species under the federal ESA. Now that Oregon Coast coho are listed as a threatened species as a- result of the U. S. District Court's order, the central purpose of the MOA has been eliminated. Due to the uncertainties created by the District Court's decision and the increasing extent of salmonids listed or proposed for listing under the federal ESA, it is important that the status of the State of Oregon's substantive commitments under the MOA and the purpose of the Oregon Plan be clarified. Through this Executive Order, the State of Oregon reaffirms its intent to play the leading role in protecting and restoring Oregon Coast coho and other salmonids. through the implementation of the Oregon Plan. This Executive Order provides the framework and direction for state agencies to implement ( to the extent of their authorities) the Oregon Plan in a timely and effective manner. This Executive Order also provides a framework for extending the state's efforts beyond a focus on Oregon Coast coho, to watersheds and fisheries statewide. Consistent with the principle of adaptive management, this Order applies the experience gained to date in implementing the Oregon Plan to provide additional detailed direction to state agencies. Finally, this Executive Order establishes a public involvement process to prioritize continuing efforts under the Oregon Plan. NOW THEREFORE, IT IS HEREBY ORDERED AND DIRECTED: ( 1) Overall Direction ( a) Agencies of the State of Oregon will, consistent with their authorities, fully implement the state agency efforts described in the Oregon Plan and in this Executive Order. ( b) The overall objective for state agencies under the Oregon Plan and this Executive Order is to protect and restore salmonids and to improve water quality. ( c) The Governor will, in cooperation with the Joint Committee, IMST, affected state agencies, watershed councils, and other affected local entities and persons develop and implement, a process to set biological and habitat goals and objectives to protect and restore salmonids on a basin or regional basis as soon as practicable. Once these goals and objectives are established, they will be used by state agencies . . . to evaluate their regulatory and non- regulatory programs and measures relating to the protection and re'storation of salmonids. Through this on- going evaluation, state agencies will determine any changes to their programs or measures that may be necessary to meet the biological and habitat goals and objectives. In the interim, the following objectives in subsections ( d) and ( e) shall apply to agencies' implem'entation of the OregGn Plan and this Executive Order. . . ( d) Actions that state agencies take, fund and/ or authorize that are primarily for a purpose other than restoration of salmonids or the habitat they depend upon will, considering the anticipated duration and geographic scope of the actions: ( A) to the maximum extent practicable minimize and mitigate adverse effects of the actions on salmoni. ds or the habitat they depend on; and ( 8) not appreciably reduce the likelihood of the survival and recovery of salmonids in the wild. ( e) State agencies will take, fund and/ or authorize actions that are primarily for the purpose of restoring salmonids or the habitat they depend upon, including actions implementing the Oregon Plan, with the goal of producing a conservation benefit that ( if taken together with comparable and related actions by all persons and entities within the range of the species) is likely to result in sustainable population levels of salmonids in the foreseeable future, and in population levels of salmonids that provide substantial environmental, cultural and economic benefits to Oregonians in the long term. ( f) With the broadening of the Oregon Plan,' prioritizing all agency actions according to coho core areas is no longer appropriate. Each state agency participating in the Oregon Plan, in consultation with ODFW and other partners involved in the implementation of the Plan and through a public involvement process, will modify their existing work programs in the Oregon Plan to prioritize agency measures to protect and restore salmonids in a timely and effective manner. The work programs will continue to identify key specific outcomes, refine and improve designations of priority areas, and establish completion dates. These modifications will be submitted to the , Governor, the Joint Committee, and to the appropriate boards and commissions as soon as possible, but in no event later than June 1, 1999. Progress reports on action plans will be submitted to the Governor, the Joint Committee, and to the appropriate boards and commissions on an annual basis. In prioritizing their efforts,' state agencies shall consider how to maximize conservation -, benefits for salmonids and the habitat they depend on within limited resources and - . whether their- actions are likely to increase populations of salmonids in the foreseeable future. I p ( g) State agencies will work cooperatively with landowners, local entities and other persons taking actions to protect or restore salmonids. ( h) As the Oregon Plan grows in geographic scope and . in intensity of activity,' there is a growing need to streamline and prioritize state agency activity at the . regional level. One proposal has been to organize state natural resource agency field operations along hydrologic units. Therefore, state agencies will consider this proposal and, through the collective efforts of state agency directors, develop an organization plan that focuses state agency field effort on the activities and areas of highest priority under the Oregon Plan. ( i) State. agencies will continue to encourage and work with agencies of the U. S. government to implement the federal measures described in the Oregon Plan.. In addition, the state agencies will work with the federal government to develop additional means of protecting and restoring salmonids. Where appropriate, state agencies will request that federal agencies obtain incidental take permits under Section 7 of the federal ESA for state actions that ace funded or authorized by a , federal agency. ( j) State agencies will help support efforts to evaluate watershed conditions, and to develop'specific strategic plans to provide for flood management, water quality improvement, and salmonid restoration in basins around the state, including the Willamette basin through the Willamette Restoration Initiative. ( k) The IMST will continue to provide oversight to ensure the use of the best scientific information available as the basis for implementation of and for adaptive changes to the Oregon Plan. State agencies will ensure that the IMST receives data and other information reasonably required for its functions in a timely manner. The Governor's Natural Resources Office ( GNRO) has requested that the IMST's initial priority be review of the freshwater habitat needs of coho and the relationship between population levels, escapement levels, and habitat characteristics. The GNRO also will continue to request that the IMST annually review monitoring results and identify where the Oregon Plan warrants change for scientific or technical reasons and make recommend& ions to the appropriate agency on those adjustments that appear necessary. Agencies will report their responses to any recommendations by . . the IMST to the Governor and to the Joint Committee. Any other changes identified by the IMST as necessary to achieve properly functioning riparian and aquatic habitat conditions required to, protect and restore salmonids will be forwarded to the appropriate governmental entity for its consideration of the adoption of new, changed, or supplemental measures as rapidly as possible while providing for public involvement: Each state agency, by June 1, 1999, will ratify a monitoring team charter through an interagency memorandum. A draft of the charter is contained in the 1998 Oregon Plan Annual Report. ( I) Monitoring is a key element of the Oregon Plan. Each state agency will actively support the monitoring strategy described in the Oregon Plan. Each affected agency will participate on the monitoring team to coordinate activities and integrate analyses. Each agency will implement . an appropriate monitoring program to assess the effectiveness of their programs and measures in meeting the objectives set forth in the Oregon Planon an annual basis. In addition, agencies with regulatory programs that are included in the Oregon Plan will determine levels of compliance with regulatory standards and identify and act on opportunities to improve compliance levels: ( m) If information gathered regarding the effectiveness of measures in the Oregon Plan shows that existing strategies within state control are not achie, ving expected improvements and objectives, the agency( ies1 responsible for those measures will seek appropriate changes in their regulations, policies, programs, r-measures and other areas of the Oregon Plan, as required to protect and restore coho and other sal'monids. Such modification or supplementation will be done as rapidly as possible, consistent with public involvement. ( n) Agencies are using geographically- referenced data in their efforts under the Oregon Plan, and will be using Geographic Information Systems ( GIs) in the analysis of these , data. In doing so, the State GIs Plan, developed by the Oregon Geographic lnformation Council ( OGIC) ( see Executive Order 96- 40) will be followed, with specific adherence to the Plan guidance on data documentation, coordination and data sharing. The agency with primary responsibility for gathering and updating the specific data will be responsible for meeting the requirements of the Plan, and to ensure coordination- with OGIC, the State Service Center for GIs and other' cooperating agencies. In addition, state agencies will cooperate with the Governor's Watershed Enhancement Board ( GWEB), Soil and. Water Conservation Districts ( SWCDs), local waters$ ed councils, landowners and others in making these essential data available. ( 0) Geographically- based strategies to assess and achieve habitat needs and adequate escapement levels will be used, and the state agencies will continue with the development of standardized watershed assessment protocols, including a -- cumulative effects assessment. State agencies will also continue with the development of habitat restoration guides to evaluate and direct habitat restoration efforts. ( 2) Continuation and Expansion of Existing Efforts. Without limiting the generality of section ( l)( a) of this Executive Order, the following subsections of this Executive Order describe some of the many efforts in the Oregon Plan where the initial phase of work has been completed, and where efforts will be continued. ( a) The Oregon Fish & Wildlife Commission ( OFWC), the Oregon Department of Fish & Wildlife ( ODFW), and the Pacific Fishery Management Council ( PFMC) are managing ocean and terminal fisheries according to the measures set forth in the Oregon Plan ( ODFW I- A. l and Ill- A. l). These measures set a maximum mortality rate ( resulting from other fisheries) for any of four disaggregated stocks of coho of fifteen percent ( 1 5%) under poor ocean conditions. In 1997, the mortality rate. from harvest is estimated to have been between nine and eleven percent ( 9- 1 1 %). ODFW and OFWC will continue these measures in state waters, and will actively support continued implementation of the ocean harvest measures by the PFMC ( Amendment 13 to the Council's salmon management plan) until and unless a different management regime agreeable to NMFS is adopted. ( b) The OFWC and ODFW will ensure that the fish hatchery measures set forth in the Oregon Plan are continued by the OFWC and ODFW. ODFW is marking all hatchery coho on the Oregon Coast. This marking will allow increased certainty in estimating hatchery stray rates beginning in 1999. Available data on hatchery stray rates for coho and steelhead are being provided to NMFS on an annual basis. The number of hatchery coho released is estimated to have been 1.7 million in 1998 - substantially below the level called for in the Oregon Plan. This number will be reduced to 1.2 million in 1999. In addition, ODFW has, and will continue to provide. annual reports regarding: ( i) the number of juvenile hatchery coho that are released by brood year, locations and dates of release, life stage, and broodstock origin; ( ii) the number of adult coho taken for broodstock for each hatchery, the location and date of collection, and the origin ( hatchery or natural); ( iii) the number of hatchery coho . . estimated to have spawned in natural habitat by basin; ( iv) the estimated percentage of hatchery coho% the total natural spawning population; and ( v) the mortality of naturally- spawning coho resulting from each fishery. NMFS may provide comments about hatchery prograk affecting coho to ODFW, with any concerns to be resolved between NMFS and ODFW. - - ( c) ln addition to recent modifications to hatchery practices and programs, a new vision is needed for how Oregon will utilize hatcheries in the best and most effective manner. Therefore, the ODFW and the OFWC shall engage in a process to create a strategic plan for fish hatcheries in Oregon over the next decade ( including state and federally- funded hatcheries, private hatcheries, and the STEP program). The essential elements of this process are as follows: ( i) Impartial analysis - conduct an impartial analysis of the scientific bases, and the social and economic effects of Oregon hatchery programs utilizing existing analyses and review where feasible, but conducting new analyses if necessary; ( ii) Review the Wild Fish Management Policy ( WFMP) - because the future plan for hatcheries in Oregon is dependent on implementation of the WFMP, ODFW shall conduct a science and stakeholder review to determine if this significant policy should be revised and shall make any revision by July 2000; ( iii) Frame alternative strategies -- convene a group of stockholders to . frame alternative strategies, including outcomes and descriptions, of how hatcheries will be used in Oregon over the next decade ( these strategies will address the use of hatcheries for wild fish population recovery including supplementation, research and monitoring, public education, and sport and commercial fishing opportunities); ( iv) Public review and selection of a strategy -- the OFWC shall, after public review and ' ;-'-!&%; f$'. i comment, adopt a strategic plan to guide development of future hatchery programs, incorporating the strategy developed and adopted in accordance with subpart ( iii) of this paragraph. ( d) Criteria and guidelines directing the design of projects that may affect fish passage have been established in a Memorandum of Understanding ( MOU) between the Oregon Department of Transportation ( ODOT), ODFW, the Oregon Department of Forestry ( ODF), the Oregon Department of Agriculture ( ODA), the Division of State Lands ( DSL) and the Federal Highway Administration. These guidelines apply to the design, construction and consultations of projects affecting fish passage. Under the MOU, projects requiring regulatory approvals that follow these criteria and guidelines are expedited. Oregon agencies will continue to provide technical assistance to ensure that the criteria and guidelines are applied appropriately in restoration projects, as well as any other projects that may affect fish passage through road crossings and similar structures. ODFW will work with state agencies, local governments, and watershed councils to ensure that Oregon's standards for fish passage set forth in Exhibit A to the MOU are understood and are implemented. - ( e) Fish presence, stream habitat, road and culvert surveys have been conducted for roads within ODOT jurisdiction and county roads in coastal basins, the Lower Columbia basin, the Willamette basin, and the Grande Ronbe/ lmnaha basins. Among the results of these surveys is the finding that culvert barriers to fish passage affect a substantial quantity of salmonid habitat. For example, surveys of county and state highways in western Oregon found over 1,200 culverts that are barriers to passage. As a result, ODOT is placing additional priority on restoring fish access. For 1998, ODOT repaired or replaced 35 culverts restoring access to 101 miles of salmonid habitat. For 1999, the Oregon Transportation Commission will be asked to fund approximately $ 4.0 million for culvert modification. ODOT and the Commission will continue to examine means to speed restoration of fish passage and to coordinate priorities with ODFW. ( f) Draft watershed assessment protocols have been developed and are being field tested. Beginning in 1999, SWCDs, watershed councils and others will be able to use the protocols as the basis for action plans to identify and prioritize opportunities to protect and restore salmonids. Watershed action plans have already been completed in a number of basins including the Rogue, Coos, Coquille and Grande Ronde. State agencies will work to support these watershed assessments and plans to the maximum extent practicable. Where watershed action plans have been developed under the protocols, GWEB will ensure that projects funded through the Watershed Improvement Grant Fund are consistent with watershed action plans, and other state agencies will work with SWCDs and watershed councils to ensure that activities they authorize, fund or undertake are consistent with watershed action plans to the maximum extent practicable. ( g) The State of Oregon has developed interim aquatic habitat restoration and enhancement guidelines for 1998. State agencies involved with restoration activities ( ODFW, ODF, DSL, ODA, DEQ, and GWEB) will continue to develop and refine the interim guidelines for final publication in April 1999. The guidelines will be applied in restoration activities funded or authorized by state agencies. The purpose of ' the guidelines will be to define aquatic restoration and to identify and encourage aquatic habitat restoration techniques to restore salmonids. . . ( h) ODA and O ~ hFave each entered into a Memorandum of Understanding with the Oregon Department'of Environmental Quality relating to the development of . Total Maximum Daily Loads ( TMDLs) and Water Quality Management Area Plans ( WQMAPs). O Dw~ ill adopt. a nd implement WQMAPs ( through the Healthy Streams Partnership) and ODF , will review the adequacy of forest practices rules to meet water quality standards. ODF and ODA will evaluate the effectiveness of these measures in achieving water quality standards on a regular basis and implement any changes required to meet the standards. ( i) Agencies are implementing a coordinated monitoring program, as described in the Oregon Plan. This program includes technical support and standardized protocols for watershed councils, stream habitat surveys, forest practice effectiveness monitoring, water withdrawal monitoring, ambient water quality monitoring, and biotic index studies, as well as fish presence surveys and salmonid abundance and survival monitoring in selected subbasins. State agencies are also' working to coordinate monitoring efforts by state, federal, and local entities, including watershed councils. State agencies will work actively to ensure that the monitoring measures' in the Oregon Plan are continued. - .. ( j) GWEB has put into place new processes for identifying and coordinating the delivery of financial and technical assistance to individuals, agencies, watershed councils and soil and water conservation districts as they implement watershed ' restoration projects to improve water quality and restore aquatic resources. Over $ 25 ' million has been distributed for watershed restoration projects in the last ten years. During the present ( 1 997- 99 biennium) GWEB has awarded over $ 1 2 million dollars in f- state and federal funds for technical'assistance and watershed restoration activities to implement the Oregon Plan. GWEB and state agencies will continue to seek financial resources to be allocated by GWEB for watershed restoration activities at the local and. statewide levels. ( k) State agencies will continue to encourage, support and work to provide incentives for local, tribal, and private . efforts to implement the Oregon Plan. In addition, state agencies will continue to provide financial assistance to local entities for projects to protect and restore salmonids to the extent consistent with their budgetary and legal authorities, and consistent with their work programs in the Oregon Plan. To the. maximum extent practicable, state agencies will also provide technical assistance and planning tools to provide local conservation groups to assist in and target watershed restoration efforts. These efforts ( during 1996 and 1997) are reported in " The Oregon. Plan for Salmon and Watersheds: Watershed Restoration Inventory, 1998." ~ u s c afe w of the important efforts that have been completed include: ( A) Eighty- two watershed councils have joined with forty- five Soil and Water Conservation Districts as well as private and public landowners to implement on- the- ground projects' to protect and restore salmonids. During 1996 and 1997, a reported $ 27.4 million was spent on 1,234 watershed restoration projects on non-federal lands. Both the amount spent and the number of projects represent significant increases ( of over 300 percent) over prior years. In 1996- 97, watershed councils, SWCDs and other organizations and individuals completed: ( i) 138 stream fencing projects, involving at least 301 miles of streambank; ( ii) 196 riparian area planting projects, involving at least 11 1 miles of streams; and ( iii) 458 instream habitat improvement projects. . . . ( B) Private and state forest landowners are implementing key efforts under the Oregon Plan, including the road risk and remediation program ( ODF- 1 and 2). Under this effort in 1996 and 1997, close to 4,000 miles of roads'have been surveyed to identify risks that the roads may pose to salmonid habitat. As the risks are identified, they are then prioritized for remediation following an established. protocol. Already, 52 miles of forest roads have been closed, 843 miles of road repair and reconstruction projects to - protect salmonid habitat have been completed, and an additional 14 miles of roads have been decommissioned or relocated.. In addition, 530 culverts have been replaced, upgraded or installed for fish passage purposes, improving access to a reported 146 stream miles. ( C) Organizations working in Tillamook County have developed the I ." J aw#~ t Tillamook County Performance Partnership. The Partnership is implementing the \*. Tillamook Bay National Estuary Program by addressing water quality, fisheries, floodplain management and economic development in the county. Among the actions that the Partnership has already accomplished are: ( i) the closure of seven miles of degraded forest roads and the rehabilitation of 469 miles of roads to meet current standards, at a cost of $ 1 8 million; ( ii) the fencing of 53 miles of streambank, and the construction of three cattle bridges and 100 alternative cattle watering sites, at a cost of $ 214,000; and ( iii) the completion of 24 instream restoration projects and 34 barbs protecting 4,200 feet of streambank, at a cost of $ 1.3 million dollars. ( D) The Confederated Tribes of the Grande Ronde Community of Oregon have completed a forest management plan that establishes standards for the protection of aquatic resources that are comparable to those found in the Aquatic Conservation Strategy ' of the Northwest Forest Plan. . % ( E) A combination of funding from the Oregon Wildlife Heritage Foundation and the National Fish and Wildlife Heritage Foundation ( private, non- profit organizations) is provi, ding support for seven biologists to design restoration projects. These projects are prioritized based on stream surveys, and are carried out with the voluntary participation and support of landowners. A ten- year monitoring plan has been funded- and implemented to determine project effectiveness: ( F) The Oregon Cattlemen's Association has implemented its WESt Program that is designed to help landowners better understand their watersheds and stream functions through assessments and monitoring. h he WESt Program brings landowners together along stream reaches, and offers a series of workshops, conducted on a site specific basis, free of charge. The workshops include riparian ecology, setting goals and objectives, Proper Functioning Condition ( PFC), data. collection and monitoring. Over 25 workshops have been held, with attendance ranging from 5 to 30 landowners per workshop. The WESt Program is sponsored by the Oregon Cattlemen's Association, DEQ, Oregon State University, and GWEB. ( G) Within the Tillamook State Forest road network 1,902 culverts have been replaced or added to'improve road drainage and to disconnect storm water runoff from roads reducing stream sediment impacts. Additionally, some of these culverts also improved fish passage at stream crossings. In this process, ODF has also replaced six culverts with bridges improving fish passage to approximately four miles of stream. The Tillamook State Foresl in conjunction with many partners, such F-as the Association of Northwest Steelheaders, G W EB, Simpson Timber Company, Tillamook County, the FishAmerica Foundation, Hardrock Construction Company, the Oregon Wildlife Heritage Foundation, the F& WS, the Oregon Youth Conservation Corps, Columbia Helicopters and Terra Helicopters, has also recently completed instream placement of over 400 rootwads, trees and boulders at a cost of $ 300,000 for habitat enhancement. ( 3) Key Agency Efforts. Continuation and completion of the following state agency efforts is critical to the success of the Oregon Plan. State agencies will make continuation or completion ( as appropriate) of the following efforts a high priority. ( a) The State of Oregon and the US. Department of Agriculture have entered into a Conservation Reserve Enhancement Program ( CREP). This cost- share program, one of the first of its kind, . will be used to reduce the impacts of agricultural practices through water quality. add habitat improvement. The objectives of the CREP are to: ( i) provide incentives'for farmers and ranchers to establish riparian buffers; ( ii) protect - . and restore at least 4,000 miles of stream habitat by providing up to 95,000 acres of riparian buffeis; ( i4) restore up to 5,000 acres of wetlands that will benefit salmonids; and ( iv) provide a mechanism for farmers and ranchers to comply with Oregon's ,- Senate Bill 101 0 ( 1 993 Or. Laws, ch. 263). ( b) ODF will work with non- industrial forest landowners to'administer the Stewardship Incentive Program and the Forest Resources Trust programs to protect and restore riparian and wetland areas that benefit salmonids. ( c) The Oregon Board of Forestry will determine, with the assistance of an advisory committee, to what extent changes to forest practices are needed to meet state water quality standards and to protect and restore salmonids. A substantial body of information regarding the effectiveness of current practices is being . developed. This information includes: ( i) the IMST report regarding . the role of forest practices and forest habitat in protecting and restoring salmonids; and ( ii) a series of - monitoring projects that include the Storms of 1996 study, a riparian areas study, a stream temperature study, and a road drainage study. Using this information, as well as other available scientific information including scientific information from NMFS, the advisory committee will make recommendations to the Board at both site and watershed scales on threats to salmonid habitat relating to sediment, water temperature, freshwater habitat needs, roads and fish passage. Based on the advisory committee's recommendations and other scientific information, the Board will make every effort to make its determinations by June 1999. The Board may . . determine that the most effective means of achieving any necessary changes to . - d;.~ .;* i;. z . I:@;.. %- .~ + k forest practices is through regulatory changes, statutory changes or through other programs . including programs to create incentives for forest landowners. In the event that the Board determines that legislative changes. are necessary to carry out its determinations, the Board will transmit any recommendations for such changes to the . Governor and to the Joint Committee at the earliest possible date. ( d) Consistent with administrative rule, and statutory and constitutional mandates for the management of state forests, ODF State Forest management plans will include an aquatic conservation strategy that has a high likelihood of protecting and restoring properly functioning aquatic habitat for salmonids on state forest lands. ( e) ODF will present to NMFS a Habitat Conservation Plan ( HCP) under Section 10 of the federal ESA that includes the Clatsop and Tillamook State Forests. ODF has already completed scierkific review and has public review underway for this draft HCP. The scientific and public review comments will be considered by ODF in . . completing the draft HCP. The draft HCP will be presented to NMFS by June 1999. An HCP for the ~ jliotSt tate Forest was approved by the US. Fish & Wildlife Service in 1995. In October af 1997, ODF and DSL forwarded the Elliott State Forest HCP to NMFS with the request that it be reviewed to determine whether it has a high likelihood of protecting and restoring properly functioning aquatic habitat conditions on state forest lands necessary to protect and restore salmonids. Based on discussions surrounding the NMFS review, ODF and DSL will determine what revisions, if any, are required to the Elliott HCP and/ or Forest Management Plan to ensure a high likelihood of protecting and restoring properly functioning aquatic habitat for salmonids. ( f) Before the OFWC adopts and implements fishery regulations that may result in taking of coho, ODFW will provide NMFS with'all available scientific information and analyses pertinent to the proposed regulation where the harvest measures are not under the jurisdiction of the PFMC, including results of the Oregon Plan monitoring and evaluation program. This information, together with the proposed regulation and supporting analysis, will be provided at least two weeks prior to the OFWC's action, to give NMFS time to review and comment on the proposed regulations. ( g) ODFW will evaluate the effects of predation on salmonids, and . will . work with . affected federal agencies to determine whether changes to programs and law relating to predation are warranted in order to protect and restore salmonids. P ( h) Under Oregon Senate Bill 101 0 ( 1 993 Or. Laws, ch. 2631, ODA will adopt Agricultural Water Qualify Management Area Plans ( AWQMAPs) for Tier I and Tier ll watersheds by the end of 2002. The AWQMAPs will be designed and implemented to meet load allocations for agriculture needed to achieve state water quality . . standards. In addition, ODA will work with ODFW, DEQ, GWEB, SWCDs, federal . agencies and watershed councils to determine to what extent additional measures related to achieving properly functioning riparian and aquatic habitat on agricultural lands are needed to protect and restore salmonids, giving attention first to priority areas identified in. the Oregon Plan. In the event ODA is unable to reach a consensus regarding such measures, ODA will ask the IMST to review areas of substantive ' scientific disagreement and to'make recommendations to ODA regarding how they should be resolved. In the event that legislative changes are needed to implement such measures, ODA will transmit any recommendations for such changes to. the Governor and to the Joint Committee at the earliest possible date. In addition, any measures identified as rieeded by ODA will be implemented at the earliest practicable time. * . ( i) ODFW will expedite its applications for instream water rights and OWRD will process such applications promptly where flow deficits are identified as adversely affecting salmonids, and where such rights. are not already in place. The Oregon - water Resources Department ( OWRD) and the Oregon Water Resources Commission ( OWRC) will- also seek to facilitate flow restoration targeted to streams identified by OWRD and ODFW as posing the most critical low- flow barriers to salmonids. In addition, where necessary, OWRD will continue to work with the Oregon State Police to provide enforcement of water use. Where illegal water uses are identified, OWRD will ensure outcomes consistent with maintenance and restoration of flows. ( j) The Oregon Environmental Quality commission ( EQC). and DEQ will evaluate and will make every effort to utilize their authorities to continue to provide additional protection to . priority areas ( as determined under section 1 ( f) of this Executive Order), including in- stream flow protection under state law, and antidegradation policy under . the federal Clean Water Act ( including Outstanding Resource Waters designations . and high quality waters designations). . ( k) DSL has proposed to adopt changes to its Essential Salmonid Habitat rules that will provide additional protection for spawning and rearing areas of anadromous salmonids. In addition, ODFW and DSL will consult with the OWRC to determine where it is necessary to administratively close priority areas ( including ' work under General Authorizations) to fill and removal activities in order to protect salmonids. . . DSL, ODFW, ODF and ODA also will work together to identify means of regulating the . uy- w :.-:: st. removal of organic material ( such as large woody debris) from streams where such removal would adversely affect salmonids and would not be contrary to other agency mandates. ( I) DSL will seek the advice of the IMST regarding whether gravel removal affects gravel and/ or sediment budgets in a manner that adversely affects salmonids. ( m) The Department of Land Conservation and ~ e v e l o p r n e n t ' ( ~ ~ acn~ d ) th, e Land Conservation- and Development Commission ( LCDC) will evaluate and, to the extent feasible, speed implementation of existing Goal 5 requirements for riparian corridors. ( n) DLCD, DEQ, ODF, ODA, ODFW, and DSL and their respective boards and commissions will evaluate and implement programs to protect and restore riparian vegetation for the purposes of achieving statewide water quality standards and . . protecting and restoring a aquatic habitat for salmonids. ' ( 0) DLCD, with, the assistance of DSL and ODFW, and in consultation with coastal cities and counties, shall review the requirements of Statewide Planning Goal i 6 as they pertain to estuarine resources important to the restoration of salmonids, and shall, report its findings to LCDC for its consideration. ( p) The Oregon State Police will work to facilitate the existing cooperative relationship with the NMFS Office of ~ a Ewnfo rcement, as well as tomaintain cooperation with other enforcement entities, in order to enhance law enforcement, public awareness and voluntary compliance related to harvest, habitat and other issues addressed in the Oregon Plan. ( q) The Oregon Parks and Recreation Department will continue to work to p. rovide information and education to the public on salmon and steelhead needs through park programs and interpretive aids. ( r) The Oregon Marine Board will work to ensure fish friendly boating and to develop boating facilities that protect salmonids. ( s) State natural resource agencies will continue, to the extent feasible, to support watershed councils by providing technical assistance to develop watershed assessments, restoration plans and to develop watershed priorities to benefit 7- salmonids. In addition, state natural resource agencies will work'on a larger . .:.... watershed scale to develop basin- wide restoration priorities. ( 4) Future Modifications; Public Involvement for the Oregon Plan Generally. The GNRO will solicit public co'mments and input from participants in the Oregon Plan regarding whether there are refinements or changes to the Plan and/ or the organizational framework for implementing the Plan that are necessary or desirable based on the experience gained over the past three years, or resulting from the widespread listings and proposed listings of salmon and trout under the federal ESA. Based on this public involvement, the GNRO will provide a report and recommendations to the Governor and the Joint Committee regarding whether modifications are necessary to the Oregon Plan in order to protect and restore coho and other salmonids. ( 5) Definitions. For purioses'of this Executive Order: . . ( aj The " Oregon Plan" means the Oregon Coastal Salmon Recovery lnitiative, dated March 1991, and the Steelhead. Supplement, dated January 1998. " Oregon Plan," as used in this Order, is intended to be consistent with the definition of the' Oregon Coastal Salmon Recovery lnitiative in Oregon Senate Bill 924 ( 1997 Or. Laws, .- cti. 7), and to include the Healthy Streams Partnership ( 1 993 Or. Laws, ch. 263). -. - ( b) " Protect" has the meaning given in section ( l)( d) of this Executive Order. ( c) " Restore" has the meaning'given in section ( l)( e) of this Executive Order. Restore necessarily includes actions to manage salmonids to provide for adequate escapement levels, and actions to increase the quantity and improve the quality of properly functioning habitat upon which salmonids depend. ( d) " Coho" means native wild coho salmon found in rivers and lakes along the Oregon Coast. ( el " Salmonids" means native wild salmon, char and trout in the State of Oregon. ( 6) Effective Date; Relation to Federal ESA. This Executive Order will take effect on the date that it is filed with the Secretary of State. The State of Oregon will continue to work with NMFS to determine the appropriate relationship between the Oregon Plan and NMFS's efforts under the federal ESA. Done at Salem, Oregon, this $ day of & ~ 4 y , 1999. ha26 . ~ it& er, M. D. Suz adnd .~. ow& end DEPUTY SECR~ ARYOF - STATE Title: The Oregon plan for salmon and watersheds Author: Oregon. Office of the Governor Year: 1999, 2005, 2004 KCAMATH FALLS. QREEON THE OREGON PLAN FOR SALMON AND WATERSHEDS The purpose of the Oregon Plan for Salmon and Watersheds ( the " Oregon Plan") as stated in the Plan and reaffirmed in this Executive Order is to restore Oregon's wild salmon and trout populations and fisheries to sustainable and productive levels that will provide substantial environmental, cultural, and economic benefits and to improve water quality. The Oregon Plan is a long- term, ongoing effort that began as a focused set of actions by state, local, tribal and private organizations and individuals in October of 1995. The Oregon Plan first addressed coho salmon on the Oregon Coast, was then broadened to include steelhead trout on the coast and in the Lower Columbia River, and is now expanding to all at- risk wild salmonids throughout the state. The Oregon Plan addresses all factors for decline of these species, including watershed conditions arid fisheries, to the extent those factors can be affected by the state. The Oregon Plan was endorsed and funded by the Oregon Legislature in 1997 through Oregon Senate Bill 924 ( 1 997 Or. Laws, ch. 7) and House Bill 3700 ( 1 997 Or. Laws, ch.' 8). The Oregon Plan is described in two principal documents: " The Oregon Plan," dated March 1997, and " The Oregon Plan for Salmon and Watersheds, Supplement I - steelhbad," dated January 1998. As used in this Executive Order, + the Oregon Plan also incorporates the Healthy Streams Partnership ( Oregon Senate Bill 101 0, 1 993- Or. Laws, ch. 263). The Oregon Plan is a cooperative effort of state, local, federal, tribal and private organizations and individuals. Although the Oregon Plan contains a strong foundation of protective regulations -- continuing existing regulatory programs and speeding the implementation of others - an essential principle of the Plan is the need to move beyond prohibitions and to encourage efforts to improve conditions for salmon through non- regulatory means. Many of the most significant contributions to the Oregon Plan are private and quasi- governmental efforts to protect and . restore salmon on working landscapes, including efforts by watershed councils. Salmon and trout restoration requires action and sacrifice across the entire economic and geographic spectrum of Oregon. The commercial and sport fishing industries in Oregon have been heavily affected by complete or partial closures of fisheries. The forest industry operates under the Oregon Forest Practices Act, and has contributed substantially to salmon recovery through habitat restoration projects on private lands and by funding a large pan of the state recovery efforts. The agriculture and mining industries are also taking actions that will protect and restore salmon and trout habitat and improve water quality ( including financial support of restoration efforts by the mining industry). Urban areas are developing water conservation programs, spending funds for wastewater treatment improvements to reduce point source pollution, reducing non- point source pollution and reducing activities that degrade riparian areas. All citizens of Oregon share responsibility for declining populations of wild salmon and trout, and it is important that there be both a broad commitment to reversing these historic trends and a sense that the burdens of restoration are being shared by all of society. It is also important that there be independent scientific oversight of the Oregon Plan. This oversight is being provided by the Independent Mutidisciplinary Science Team ( IMST), established under Oregon Senate Bill 924 ( 1 997 Or. Laws, ch. 7). ~ d'ditional legislative oversight for the Oregon Plan is being provided by the Joint Legislative Committee on . Salmon and Stream Enhancement ( the " Joint Committee!'). Under the federal Endangered Species Act ( ESA) the U. S. Fish & Wildlife Service . . ( F& WS) and the National Marine Fisheries Service ( NMFS) are responsible for identifying species that are threatened or endangered, and for developing programs to conserve and recover lhose species. F& WS and NMFS have now listed salmonids under the ESA on the entire Oregon Coast, the lower Columbia River ( including most of the Portland metropolitan area). the la math River basin, and in the upper Columbia and Snake River basins. More listings are expected within the next year. To date, the F& WS and NMFS generally have not had the resources to develop and implement effective recovery plans for fisheries. In addition, in many areas a large proportion of the habitat that list'ed'salmonids depend on is located on private lands, where the regulatory tools under the ESA are relatively ' ill- defined and indirect. Finally, federal agencies alone, even if they take an active regulatory approach. to recovery, will not restore listed salmonids. The federal ESA may work to prohibit certain actions, but there is simply too much habitat on private lands for restoration to succeed without pro- active involvement and incentives for individuals, groups, and local governments to take affirmative actions to restore habitat on working landscapes. In April, 1997 the State of Oregon and NMFS entered into a Memorandum of Agreement ( MOA) under which the State agreed to continue existing measures under the March 1997 Oregon Plan and to take certain additional actions to protect and restbre coho salmon on the Oregon Coast. On May 6, 1997, NMFS determined that the Oregon Coast Evolutionarily Significant Unit ( ESU) of coho salmon did not warrant listing as a threatened or endangered species under the ESA. On June 2, 1998, the US. District Court for Oregon ordered NMFS to reconsider its decision without taking into account any parts of the Oregon Plan or MOA that are not " current enforceable measures." The U. S. District Court for Oregon also held that the MOA was speculative, due to the fact that it provided for termination by either party on thirty days notice, and that therefore the MOA could not be considered by NMFS ' in its listing decision. Under court order, NMFS reconsidered its decision without taking into account the application in the future of the harvest and hatchery measures contained in the Oregon Plan, or the habitat improvement programs being undertaken under the Oregon Plan, or the commitments made by the State of Oregon in the MOA for improvement of applicable habitat measures. Accordingly, NMFS listed Oregon Coast .. . coho as threatened undefthe ESA on or about October 2, 1998. - The MOA provided for the State of Oregon to take actions necessary to ensfie that - Oregon Coast coho did not warrant listing as a threatened or endangered species under the federal ESA. Now that Oregon Coast coho are listed as a threatened species as a- result of the U. S. District Court's order, the central purpose of the MOA has been eliminated. Due to the uncertainties created by the District Court's decision and the increasing extent of salmonids listed or proposed for listing under the federal ESA, it is important that the status of the State of Oregon's substantive commitments under the MOA and the purpose of the Oregon Plan be clarified. Through this Executive Order, the State of Oregon reaffirms its intent to play the leading role in protecting and restoring Oregon Coast coho and other salmonids. through the implementation of the Oregon Plan. This Executive Order provides the framework and direction for state agencies to implement ( to the extent of their authorities) the Oregon Plan in a timely and effective manner. This Executive Order also provides a framework for extending the state's efforts beyond a focus on Oregon Coast coho, to watersheds and fisheries statewide. Consistent with the principle of adaptive management, this Order applies the experience gained to date in implementing the Oregon Plan to provide additional detailed direction to state agencies. Finally, this Executive Order establishes a public involvement process to prioritize continuing efforts under the Oregon Plan. NOW THEREFORE, IT IS HEREBY ORDERED AND DIRECTED: ( 1) Overall Direction ( a) Agencies of the State of Oregon will, consistent with their authorities, fully implement the state agency efforts described in the Oregon Plan and in this Executive Order. ( b) The overall objective for state agencies under the Oregon Plan and this Executive Order is to protect and restore salmonids and to improve water quality. ( c) The Governor will, in cooperation with the Joint Committee, IMST, affected state agencies, watershed councils, and other affected local entities and persons develop and implement, a process to set biological and habitat goals and objectives to protect and restore salmonids on a basin or regional basis as soon as practicable. Once these goals and objectives are established, they will be used by state agencies . . . to evaluate their regulatory and non- regulatory programs and measures relating to the protection and re'storation of salmonids. Through this on- going evaluation, state agencies will determine any changes to their programs or measures that may be necessary to meet the biological and habitat goals and objectives. In the interim, the following objectives in subsections ( d) and ( e) shall apply to agencies' implem'entation of the OregGn Plan and this Executive Order. . . ( d) Actions that state agencies take, fund and/ or authorize that are primarily for a purpose other than restoration of salmonids or the habitat they depend upon will, considering the anticipated duration and geographic scope of the actions: ( A) to the maximum extent practicable minimize and mitigate adverse effects of the actions on salmoni. ds or the habitat they depend on; and ( 8) not appreciably reduce the likelihood of the survival and recovery of salmonids in the wild. ( e) State agencies will take, fund and/ or authorize actions that are primarily for the purpose of restoring salmonids or the habitat they depend upon, including actions implementing the Oregon Plan, with the goal of producing a conservation benefit that ( if taken together with comparable and related actions by all persons and entities within the range of the species) is likely to result in sustainable population levels of salmonids in the foreseeable future, and in population levels of salmonids that provide substantial environmental, cultural and economic benefits to Oregonians in the long term. ( f) With the broadening of the Oregon Plan,' prioritizing all agency actions according to coho core areas is no longer appropriate. Each state agency participating in the Oregon Plan, in consultation with ODFW and other partners involved in the implementation of the Plan and through a public involvement process, will modify their existing work programs in the Oregon Plan to prioritize agency measures to protect and restore salmonids in a timely and effective manner. The work programs will continue to identify key specific outcomes, refine and improve designations of priority areas, and establish completion dates. These modifications will be submitted to the , Governor, the Joint Committee, and to the appropriate boards and commissions as soon as possible, but in no event later than June 1, 1999. Progress reports on action plans will be submitted to the Governor, the Joint Committee, and to the appropriate boards and commissions on an annual basis. In prioritizing their efforts,' state agencies shall consider how to maximize conservation -, benefits for salmonids and the habitat they depend on within limited resources and - . whether their- actions are likely to increase populations of salmonids in the foreseeable future. I p ( g) State agencies will work cooperatively with landowners, local entities and other persons taking actions to protect or restore salmonids. ( h) As the Oregon Plan grows in geographic scope and . in intensity of activity,' there is a growing need to streamline and prioritize state agency activity at the . regional level. One proposal has been to organize state natural resource agency field operations along hydrologic units. Therefore, state agencies will consider this proposal and, through the collective efforts of state agency directors, develop an organization plan that focuses state agency field effort on the activities and areas of highest priority under the Oregon Plan. ( i) State. agencies will continue to encourage and work with agencies of the U. S. government to implement the federal measures described in the Oregon Plan.. In addition, the state agencies will work with the federal government to develop additional means of protecting and restoring salmonids. Where appropriate, state agencies will request that federal agencies obtain incidental take permits under Section 7 of the federal ESA for state actions that ace funded or authorized by a , federal agency. ( j) State agencies will help support efforts to evaluate watershed conditions, and to develop'specific strategic plans to provide for flood management, water quality improvement, and salmonid restoration in basins around the state, including the Willamette basin through the Willamette Restoration Initiative. ( k) The IMST will continue to provide oversight to ensure the use of the best scientific information available as the basis for implementation of and for adaptive changes to the Oregon Plan. State agencies will ensure that the IMST receives data and other information reasonably required for its functions in a timely manner. The Governor's Natural Resources Office ( GNRO) has requested that the IMST's initial priority be review of the freshwater habitat needs of coho and the relationship between population levels, escapement levels, and habitat characteristics. The GNRO also will continue to request that the IMST annually review monitoring results and identify where the Oregon Plan warrants change for scientific or technical reasons and make recommend& ions to the appropriate agency on those adjustments that appear necessary. Agencies will report their responses to any recommendations by . . the IMST to the Governor and to the Joint Committee. Any other changes identified by the IMST as necessary to achieve properly functioning riparian and aquatic habitat conditions required to, protect and restore salmonids will be forwarded to the appropriate governmental entity for its consideration of the adoption of new, changed, or supplemental measures as rapidly as possible while providing for public involvement: Each state agency, by June 1, 1999, will ratify a monitoring team charter through an interagency memorandum. A draft of the charter is contained in the 1998 Oregon Plan Annual Report. ( I) Monitoring is a key element of the Oregon Plan. Each state agency will actively support the monitoring strategy described in the Oregon Plan. Each affected agency will participate on the monitoring team to coordinate activities and integrate analyses. Each agency will implement . an appropriate monitoring program to assess the effectiveness of their programs and measures in meeting the objectives set forth in the Oregon Planon an annual basis. In addition, agencies with regulatory programs that are included in the Oregon Plan will determine levels of compliance with regulatory standards and identify and act on opportunities to improve compliance levels: ( m) If information gathered regarding the effectiveness of measures in the Oregon Plan shows that existing strategies within state control are not achie, ving expected improvements and objectives, the agency( ies1 responsible for those measures will seek appropriate changes in their regulations, policies, programs, r-measures and other areas of the Oregon Plan, as required to protect and restore coho and other sal'monids. Such modification or supplementation will be done as rapidly as possible, consistent with public involvement. ( n) Agencies are using geographically- referenced data in their efforts under the Oregon Plan, and will be using Geographic Information Systems ( GIs) in the analysis of these , data. In doing so, the State GIs Plan, developed by the Oregon Geographic lnformation Council ( OGIC) ( see Executive Order 96- 40) will be followed, with specific adherence to the Plan guidance on data documentation, coordination and data sharing. The agency with primary responsibility for gathering and updating the specific data will be responsible for meeting the requirements of the Plan, and to ensure coordination- with OGIC, the State Service Center for GIs and other' cooperating agencies. In addition, state agencies will cooperate with the Governor's Watershed Enhancement Board ( GWEB), Soil and. Water Conservation Districts ( SWCDs), local waters$ ed councils, landowners and others in making these essential data available. ( 0) Geographically- based strategies to assess and achieve habitat needs and adequate escapement levels will be used, and the state agencies will continue with the development of standardized watershed assessment protocols, including a -- cumulative effects assessment. State agencies will also continue with the development of habitat restoration guides to evaluate and direct habitat restoration efforts. ( 2) Continuation and Expansion of Existing Efforts. Without limiting the generality of section ( l)( a) of this Executive Order, the following subsections of this Executive Order describe some of the many efforts in the Oregon Plan where the initial phase of work has been completed, and where efforts will be continued. ( a) The Oregon Fish & Wildlife Commission ( OFWC), the Oregon Department of Fish & Wildlife ( ODFW), and the Pacific Fishery Management Council ( PFMC) are managing ocean and terminal fisheries according to the measures set forth in the Oregon Plan ( ODFW I- A. l and Ill- A. l). These measures set a maximum mortality rate ( resulting from other fisheries) for any of four disaggregated stocks of coho of fifteen percent ( 1 5%) under poor ocean conditions. In 1997, the mortality rate. from harvest is estimated to have been between nine and eleven percent ( 9- 1 1 %). ODFW and OFWC will continue these measures in state waters, and will actively support continued implementation of the ocean harvest measures by the PFMC ( Amendment 13 to the Council's salmon management plan) until and unless a different management regime agreeable to NMFS is adopted. ( b) The OFWC and ODFW will ensure that the fish hatchery measures set forth in the Oregon Plan are continued by the OFWC and ODFW. ODFW is marking all hatchery coho on the Oregon Coast. This marking will allow increased certainty in estimating hatchery stray rates beginning in 1999. Available data on hatchery stray rates for coho and steelhead are being provided to NMFS on an annual basis. The number of hatchery coho released is estimated to have been 1.7 million in 1998 - substantially below the level called for in the Oregon Plan. This number will be reduced to 1.2 million in 1999. In addition, ODFW has, and will continue to provide. annual reports regarding: ( i) the number of juvenile hatchery coho that are released by brood year, locations and dates of release, life stage, and broodstock origin; ( ii) the number of adult coho taken for broodstock for each hatchery, the location and date of collection, and the origin ( hatchery or natural); ( iii) the number of hatchery coho . . estimated to have spawned in natural habitat by basin; ( iv) the estimated percentage of hatchery coho% the total natural spawning population; and ( v) the mortality of naturally- spawning coho resulting from each fishery. NMFS may provide comments about hatchery prograk affecting coho to ODFW, with any concerns to be resolved between NMFS and ODFW. - - ( c) ln addition to recent modifications to hatchery practices and programs, a new vision is needed for how Oregon will utilize hatcheries in the best and most effective manner. Therefore, the ODFW and the OFWC shall engage in a process to create a strategic plan for fish hatcheries in Oregon over the next decade ( including state and federally- funded hatcheries, private hatcheries, and the STEP program). The essential elements of this process are as follows: ( i) Impartial analysis - conduct an impartial analysis of the scientific bases, and the social and economic effects of Oregon hatchery programs utilizing existing analyses and review where feasible, but conducting new analyses if necessary; ( ii) Review the Wild Fish Management Policy ( WFMP) - because the future plan for hatcheries in Oregon is dependent on implementation of the WFMP, ODFW shall conduct a science and stakeholder review to determine if this significant policy should be revised and shall make any revision by July 2000; ( iii) Frame alternative strategies -- convene a group of stockholders to . frame alternative strategies, including outcomes and descriptions, of how hatcheries will be used in Oregon over the next decade ( these strategies will address the use of hatcheries for wild fish population recovery including supplementation, research and monitoring, public education, and sport and commercial fishing opportunities); ( iv) Public review and selection of a strategy -- the OFWC shall, after public review and ' ;-'-!&%; f$'. i comment, adopt a strategic plan to guide development of future hatchery programs, incorporating the strategy developed and adopted in accordance with subpart ( iii) of this paragraph. ( d) Criteria and guidelines directing the design of projects that may affect fish passage have been established in a Memorandum of Understanding ( MOU) between the Oregon Department of Transportation ( ODOT), ODFW, the Oregon Department of Forestry ( ODF), the Oregon Department of Agriculture ( ODA), the Division of State Lands ( DSL) and the Federal Highway Administration. These guidelines apply to the design, construction and consultations of projects affecting fish passage. Under the MOU, projects requiring regulatory approvals that follow these criteria and guidelines are expedited. Oregon agencies will continue to provide technical assistance to ensure that the criteria and guidelines are applied appropriately in restoration projects, as well as any other projects that may affect fish passage through road crossings and similar structures. ODFW will work with state agencies, local governments, and watershed councils to ensure that Oregon's standards for fish passage set forth in Exhibit A to the MOU are understood and are implemented. - ( e) Fish presence, stream habitat, road and culvert surveys have been conducted for roads within ODOT jurisdiction and county roads in coastal basins, the Lower Columbia basin, the Willamette basin, and the Grande Ronbe/ lmnaha basins. Among the results of these surveys is the finding that culvert barriers to fish passage affect a substantial quantity of salmonid habitat. For example, surveys of county and state highways in western Oregon found over 1,200 culverts that are barriers to passage. As a result, ODOT is placing additional priority on restoring fish access. For 1998, ODOT repaired or replaced 35 culverts restoring access to 101 miles of salmonid habitat. For 1999, the Oregon Transportation Commission will be asked to fund approximately $ 4.0 million for culvert modification. ODOT and the Commission will continue to examine means to speed restoration of fish passage and to coordinate priorities with ODFW. ( f) Draft watershed assessment protocols have been developed and are being field tested. Beginning in 1999, SWCDs, watershed councils and others will be able to use the protocols as the basis for action plans to identify and prioritize opportunities to protect and restore salmonids. Watershed action plans have already been completed in a number of basins including the Rogue, Coos, Coquille and Grande Ronde. State agencies will work to support these watershed assessments and plans to the maximum extent practicable. Where watershed action plans have been developed under the protocols, GWEB will ensure that projects funded through the Watershed Improvement Grant Fund are consistent with watershed action plans, and other state agencies will work with SWCDs and watershed councils to ensure that activities they authorize, fund or undertake are consistent with watershed action plans to the maximum extent practicable. ( g) The State of Oregon has developed interim aquatic habitat restoration and enhancement guidelines for 1998. State agencies involved with restoration activities ( ODFW, ODF, DSL, ODA, DEQ, and GWEB) will continue to develop and refine the interim guidelines for final publication in April 1999. The guidelines will be applied in restoration activities funded or authorized by state agencies. The purpose of ' the guidelines will be to define aquatic restoration and to identify and encourage aquatic habitat restoration techniques to restore salmonids. . . ( h) ODA and O ~ hFave each entered into a Memorandum of Understanding with the Oregon Department'of Environmental Quality relating to the development of . Total Maximum Daily Loads ( TMDLs) and Water Quality Management Area Plans ( WQMAPs). O Dw~ ill adopt. a nd implement WQMAPs ( through the Healthy Streams Partnership) and ODF , will review the adequacy of forest practices rules to meet water quality standards. ODF and ODA will evaluate the effectiveness of these measures in achieving water quality standards on a regular basis and implement any changes required to meet the standards. ( i) Agencies are implementing a coordinated monitoring program, as described in the Oregon Plan. This program includes technical support and standardized protocols for watershed councils, stream habitat surveys, forest practice effectiveness monitoring, water withdrawal monitoring, ambient water quality monitoring, and biotic index studies, as well as fish presence surveys and salmonid abundance and survival monitoring in selected subbasins. State agencies are also' working to coordinate monitoring efforts by state, federal, and local entities, including watershed councils. State agencies will work actively to ensure that the monitoring measures' in the Oregon Plan are continued. - .. ( j) GWEB has put into place new processes for identifying and coordinating the delivery of financial and technical assistance to individuals, agencies, watershed councils and soil and water conservation districts as they implement watershed ' restoration projects to improve water quality and restore aquatic resources. Over $ 25 ' million has been distributed for watershed restoration projects in the last ten years. During the present ( 1 997- 99 biennium) GWEB has awarded over $ 1 2 million dollars in f- state and federal funds for technical'assistance and watershed restoration activities to implement the Oregon Plan. GWEB and state agencies will continue to seek financial resources to be allocated by GWEB for watershed restoration activities at the local and. statewide levels. ( k) State agencies will continue to encourage, support and work to provide incentives for local, tribal, and private . efforts to implement the Oregon Plan. In addition, state agencies will continue to provide financial assistance to local entities for projects to protect and restore salmonids to the extent consistent with their budgetary and legal authorities, and consistent with their work programs in the Oregon Plan. To the. maximum extent practicable, state agencies will also provide technical assistance and planning tools to provide local conservation groups to assist in and target watershed restoration efforts. These efforts ( during 1996 and 1997) are reported in " The Oregon. Plan for Salmon and Watersheds: Watershed Restoration Inventory, 1998." ~ u s c afe w of the important efforts that have been completed include: ( A) Eighty- two watershed councils have joined with forty- five Soil and Water Conservation Districts as well as private and public landowners to implement on- the- ground projects' to protect and restore salmonids. During 1996 and 1997, a reported $ 27.4 million was spent on 1,234 watershed restoration projects on non-federal lands. Both the amount spent and the number of projects represent significant increases ( of over 300 percent) over prior years. In 1996- 97, watershed councils, SWCDs and other organizations and individuals completed: ( i) 138 stream fencing projects, involving at least 301 miles of streambank; ( ii) 196 riparian area planting projects, involving at least 11 1 miles of streams; and ( iii) 458 instream habitat improvement projects. . . . ( B) Private and state forest landowners are implementing key efforts under the Oregon Plan, including the road risk and remediation program ( ODF- 1 and 2). Under this effort in 1996 and 1997, close to 4,000 miles of roads'have been surveyed to identify risks that the roads may pose to salmonid habitat. As the risks are identified, they are then prioritized for remediation following an established. protocol. Already, 52 miles of forest roads have been closed, 843 miles of road repair and reconstruction projects to - protect salmonid habitat have been completed, and an additional 14 miles of roads have been decommissioned or relocated.. In addition, 530 culverts have been replaced, upgraded or installed for fish passage purposes, improving access to a reported 146 stream miles. ( C) Organizations working in Tillamook County have developed the I ." J aw#~ t Tillamook County Performance Partnership. The Partnership is implementing the \*. Tillamook Bay National Estuary Program by addressing water quality, fisheries, floodplain management and economic development in the county. Among the actions that the Partnership has already accomplished are: ( i) the closure of seven miles of degraded forest roads and the rehabilitation of 469 miles of roads to meet current standards, at a cost of $ 1 8 million; ( ii) the fencing of 53 miles of streambank, and the construction of three cattle bridges and 100 alternative cattle watering sites, at a cost of $ 214,000; and ( iii) the completion of 24 instream restoration projects and 34 barbs protecting 4,200 feet of streambank, at a cost of $ 1.3 million dollars. ( D) The Confederated Tribes of the Grande Ronde Community of Oregon have completed a forest management plan that establishes standards for the protection of aquatic resources that are comparable to those found in the Aquatic Conservation Strategy ' of the Northwest Forest Plan. . % ( E) A combination of funding from the Oregon Wildlife Heritage Foundation and the National Fish and Wildlife Heritage Foundation ( private, non- profit organizations) is provi, ding support for seven biologists to design restoration projects. These projects are prioritized based on stream surveys, and are carried out with the voluntary participation and support of landowners. A ten- year monitoring plan has been funded- and implemented to determine project effectiveness: ( F) The Oregon Cattlemen's Association has implemented its WESt Program that is designed to help landowners better understand their watersheds and stream functions through assessments and monitoring. h he WESt Program brings landowners together along stream reaches, and offers a series of workshops, conducted on a site specific basis, free of charge. The workshops include riparian ecology, setting goals and objectives, Proper Functioning Condition ( PFC), data. collection and monitoring. Over 25 workshops have been held, with attendance ranging from 5 to 30 landowners per workshop. The WESt Program is sponsored by the Oregon Cattlemen's Association, DEQ, Oregon State University, and GWEB. ( G) Within the Tillamook State Forest road network 1,902 culverts have been replaced or added to'improve road drainage and to disconnect storm water runoff from roads reducing stream sediment impacts. Additionally, some of these culverts also improved fish passage at stream crossings. In this process, ODF has also replaced six culverts with bridges improving fish passage to approximately four miles of stream. The Tillamook State Foresl in conjunction with many partners, such F-as the Association of Northwest Steelheaders, G W EB, Simpson Timber Company, Tillamook County, the FishAmerica Foundation, Hardrock Construction Company, the Oregon Wildlife Heritage Foundation, the F& WS, the Oregon Youth Conservation Corps, Columbia Helicopters and Terra Helicopters, has also recently completed instream placement of over 400 rootwads, trees and boulders at a cost of $ 300,000 for habitat enhancement. ( 3) Key Agency Efforts. Continuation and completion of the following state agency efforts is critical to the success of the Oregon Plan. State agencies will make continuation or completion ( as appropriate) of the following efforts a high priority. ( a) The State of Oregon and the US. Department of Agriculture have entered into a Conservation Reserve Enhancement Program ( CREP). This cost- share program, one of the first of its kind, . will be used to reduce the impacts of agricultural practices through water quality. add habitat improvement. The objectives of the CREP are to: ( i) provide incentives'for farmers and ranchers to establish riparian buffers; ( ii) protect - . and restore at least 4,000 miles of stream habitat by providing up to 95,000 acres of riparian buffeis; ( i4) restore up to 5,000 acres of wetlands that will benefit salmonids; and ( iv) provide a mechanism for farmers and ranchers to comply with Oregon's ,- Senate Bill 101 0 ( 1 993 Or. Laws, ch. 263). ( b) ODF will work with non- industrial forest landowners to'administer the Stewardship Incentive Program and the Forest Resources Trust programs to protect and restore riparian and wetland areas that benefit salmonids. ( c) The Oregon Board of Forestry will determine, with the assistance of an advisory committee, to what extent changes to forest practices are needed to meet state water quality standards and to protect and restore salmonids. A substantial body of information regarding the effectiveness of current practices is being . developed. This information includes: ( i) the IMST report regarding . the role of forest practices and forest habitat in protecting and restoring salmonids; and ( ii) a series of - monitoring projects that include the Storms of 1996 study, a riparian areas study, a stream temperature study, and a road drainage study. Using this information, as well as other available scientific information including scientific information from NMFS, the advisory committee will make recommendations to the Board at both site and watershed scales on threats to salmonid habitat relating to sediment, water temperature, freshwater habitat needs, roads and fish passage. Based on the advisory committee's recommendations and other scientific information, the Board will make every effort to make its determinations by June 1999. The Board may . . determine that the most effective means of achieving any necessary changes to . - d;.~ .;* i;. z . I:@;.. %- .~ + k forest practices is through regulatory changes, statutory changes or through other programs . including programs to create incentives for forest landowners. In the event that the Board determines that legislative changes. are necessary to carry out its determinations, the Board will transmit any recommendations for such changes to the . Governor and to the Joint Committee at the earliest possible date. ( d) Consistent with administrative rule, and statutory and constitutional mandates for the management of state forests, ODF State Forest management plans will include an aquatic conservation strategy that has a high likelihood of protecting and restoring properly functioning aquatic habitat for salmonids on state forest lands. ( e) ODF will present to NMFS a Habitat Conservation Plan ( HCP) under Section 10 of the federal ESA that includes the Clatsop and Tillamook State Forests. ODF has already completed scierkific review and has public review underway for this draft HCP. The scientific and public review comments will be considered by ODF in . . completing the draft HCP. The draft HCP will be presented to NMFS by June 1999. An HCP for the ~ jliotSt tate Forest was approved by the US. Fish & Wildlife Service in 1995. In October af 1997, ODF and DSL forwarded the Elliott State Forest HCP to NMFS with the request that it be reviewed to determine whether it has a high likelihood of protecting and restoring properly functioning aquatic habitat conditions on state forest lands necessary to protect and restore salmonids. Based on discussions surrounding the NMFS review, ODF and DSL will determine what revisions, if any, are required to the Elliott HCP and/ or Forest Management Plan to ensure a high likelihood of protecting and restoring properly functioning aquatic habitat for salmonids. ( f) Before the OFWC adopts and implements fishery regulations that may result in taking of coho, ODFW will provide NMFS with'all available scientific information and analyses pertinent to the proposed regulation where the harvest measures are not under the jurisdiction of the PFMC, including results of the Oregon Plan monitoring and evaluation program. This information, together with the proposed regulation and supporting analysis, will be provided at least two weeks prior to the OFWC's action, to give NMFS time to review and comment on the proposed regulations. ( g) ODFW will evaluate the effects of predation on salmonids, and . will . work with . affected federal agencies to determine whether changes to programs and law relating to predation are warranted in order to protect and restore salmonids. P ( h) Under Oregon Senate Bill 101 0 ( 1 993 Or. Laws, ch. 2631, ODA will adopt Agricultural Water Qualify Management Area Plans ( AWQMAPs) for Tier I and Tier ll watersheds by the end of 2002. The AWQMAPs will be designed and implemented to meet load allocations for agriculture needed to achieve state water quality . . standards. In addition, ODA will work with ODFW, DEQ, GWEB, SWCDs, federal . agencies and watershed councils to determine to what extent additional measures related to achieving properly functioning riparian and aquatic habitat on agricultural lands are needed to protect and restore salmonids, giving attention first to priority areas identified in. the Oregon Plan. In the event ODA is unable to reach a consensus regarding such measures, ODA will ask the IMST to review areas of substantive ' scientific disagreement and to'make recommendations to ODA regarding how they should be resolved. In the event that legislative changes are needed to implement such measures, ODA will transmit any recommendations for such changes to. the Governor and to the Joint Committee at the earliest possible date. In addition, any measures identified as rieeded by ODA will be implemented at the earliest practicable time. * . ( i) ODFW will expedite its applications for instream water rights and OWRD will process such applications promptly where flow deficits are identified as adversely affecting salmonids, and where such rights. are not already in place. The Oregon - water Resources Department ( OWRD) and the Oregon Water Resources Commission ( OWRC) will- also seek to facilitate flow restoration targeted to streams identified by OWRD and ODFW as posing the most critical low- flow barriers to salmonids. In addition, where necessary, OWRD will continue to work with the Oregon State Police to provide enforcement of water use. Where illegal water uses are identified, OWRD will ensure outcomes consistent with maintenance and restoration of flows. ( j) The Oregon Environmental Quality commission ( EQC). and DEQ will evaluate and will make every effort to utilize their authorities to continue to provide additional protection to . priority areas ( as determined under section 1 ( f) of this Executive Order), including in- stream flow protection under state law, and antidegradation policy under . the federal Clean Water Act ( including Outstanding Resource Waters designations . and high quality waters designations). . ( k) DSL has proposed to adopt changes to its Essential Salmonid Habitat rules that will provide additional protection for spawning and rearing areas of anadromous salmonids. In addition, ODFW and DSL will consult with the OWRC to determine where it is necessary to administratively close priority areas ( including ' work under General Authorizations) to fill and removal activities in order to protect salmonids. . . DSL, ODFW, ODF and ODA also will work together to identify means of regulating the . uy- w :.-:: st. removal of organic material ( such as large woody debris) from streams where such removal would adversely affect salmonids and would not be contrary to other agency mandates. ( I) DSL will seek the advice of the IMST regarding whether gravel removal affects gravel and/ or sediment budgets in a manner that adversely affects salmonids. ( m) The Department of Land Conservation and ~ e v e l o p r n e n t ' ( ~ ~ acn~ d ) th, e Land Conservation- and Development Commission ( LCDC) will evaluate and, to the extent feasible, speed implementation of existing Goal 5 requirements for riparian corridors. ( n) DLCD, DEQ, ODF, ODA, ODFW, and DSL and their respective boards and commissions will evaluate and implement programs to protect and restore riparian vegetation for the purposes of achieving statewide water quality standards and . . protecting and restoring a aquatic habitat for salmonids. ' ( 0) DLCD, with, the assistance of DSL and ODFW, and in consultation with coastal cities and counties, shall review the requirements of Statewide Planning Goal i 6 as they pertain to estuarine resources important to the restoration of salmonids, and shall, report its findings to LCDC for its consideration. ( p) The Oregon State Police will work to facilitate the existing cooperative relationship with the NMFS Office of ~ a Ewnfo rcement, as well as tomaintain cooperation with other enforcement entities, in order to enhance law enforcement, public awareness and voluntary compliance related to harvest, habitat and other issues addressed in the Oregon Plan. ( q) The Oregon Parks and Recreation Department will continue to work to p. rovide information and education to the public on salmon and steelhead needs through park programs and interpretive aids. ( r) The Oregon Marine Board will work to ensure fish friendly boating and to develop boating facilities that protect salmonids. ( s) State natural resource agencies will continue, to the extent feasible, to support watershed councils by providing technical assistance to develop watershed assessments, restoration plans and to develop watershed priorities to benefit 7- salmonids. In addition, state natural resource agencies will work'on a larger . .:.... watershed scale to develop basin- wide restoration priorities. ( 4) Future Modifications; Public Involvement for the Oregon Plan Generally. The GNRO will solicit public co'mments and input from participants in the Oregon Plan regarding whether there are refinements or changes to the Plan and/ or the organizational framework for implementing the Plan that are necessary or desirable based on the experience gained over the past three years, or resulting from the widespread listings and proposed listings of salmon and trout under the federal ESA. Based on this public involvement, the GNRO will provide a report and recommendations to the Governor and the Joint Committee regarding whether modifications are necessary to the Oregon Plan in order to protect and restore coho and other salmonids. ( 5) Definitions. For purioses'of this Executive Order: . . ( aj The " Oregon Plan" means the Oregon Coastal Salmon Recovery lnitiative, dated March 1991, and the Steelhead. Supplement, dated January 1998. " Oregon Plan," as used in this Order, is intended to be consistent with the definition of the' Oregon Coastal Salmon Recovery lnitiative in Oregon Senate Bill 924 ( 1997 Or. Laws, .- cti. 7), and to include the Healthy Streams Partnership ( 1 993 Or. Laws, ch. 263). -. - ( b) " Protect" has the meaning given in section ( l)( d) of this Executive Order. ( c) " Restore" has the meaning'given in section ( l)( e) of this Executive Order. Restore necessarily includes actions to manage salmonids to provide for adequate escapement levels, and actions to increase the quantity and improve the quality of properly functioning habitat upon which salmonids depend. ( d) " Coho" means native wild coho salmon found in rivers and lakes along the Oregon Coast. ( el " Salmonids" means native wild salmon, char and trout in the State of Oregon. ( 6) Effective Date; Relation to Federal ESA. This Executive Order will take effect on the date that it is filed with the Secretary of State. The State of Oregon will continue to work with NMFS to determine the appropriate relationship between the Oregon Plan and NMFS's efforts under the federal ESA. Done at Salem, Oregon, this $ day of & ~ 4 y , 1999. ha26 . ~ it& er, M. D. Suz adnd .~. ow& end DEPUTY SECR~ ARYOF - STATE Close

• 96. [Image] Klamath irrigation district suit bill. Hearings, sixty-ninth Congress, first session

  	CONTENTS Page. Bill S. 3189 2 Bill H. R. 9493 3 Letter from Secretary of the Interior 3 Statement of- Lawrence A. Liljeqvist, assistant attorney general of Oregon 7, 87,101 Herman Phleger, counsel ...
  	Citation × Citation Citation Abstract Copy Title: Klamath irrigation district suit bill. Hearings, sixty-ninth Congress, first session Author: United States. Congress. Senate. Committee on Irrigation and Reclamation Year: 1926, 2004 CONTENTS Page. Bill S. 3189 2 Bill H. R. 9493 3 Letter from Secretary of the Interior 3 Statement of- Lawrence A. Liljeqvist, assistant attorney general of Oregon 7, 87,101 Herman Phleger, counsel for California-Oregon Power Co 19 Fred D. Fletcher, attorney at law, 16 Loomis Building, Klamath Falls, Oreg 50 R. E. Bradbury, director Klamath irrigation district, Klamath Falls, Oreg 65 P. W. Dent, assistant commissioner, Bureau of Reclamation, Depart ment of Interior 82 Documents and telegrams in favor of bill 106 Telegrams opposed to bill 123 Telegrams and documents opposed to interference with present contracts- 126 Letter and opinion of attorney general of Oregon to Hon. N. J. Sinnott 29 Section 5791, Oregon Laws 33 Chapter 5, Laws of Oregon, 1905, ceding act 34 Contract between United States and California-Oregon Power Co. of February 24, 1917 35 Letter of attorney of Klamath irrigation district to Hon. N. J. Sinnott 39 Statement of Klamath irrigation district 66 Title: Klamath irrigation district suit bill. Hearings, sixty-ninth Congress, first session Author: United States. Congress. Senate. Committee on Irrigation and Reclamation Year: 1926, 2004 CONTENTS Page. Bill S. 3189 2 Bill H. R. 9493 3 Letter from Secretary of the Interior 3 Statement of- Lawrence A. Liljeqvist, assistant attorney general of Oregon 7, 87,101 Herman Phleger, counsel for California-Oregon Power Co 19 Fred D. Fletcher, attorney at law, 16 Loomis Building, Klamath Falls, Oreg 50 R. E. Bradbury, director Klamath irrigation district, Klamath Falls, Oreg 65 P. W. Dent, assistant commissioner, Bureau of Reclamation, Depart ment of Interior 82 Documents and telegrams in favor of bill 106 Telegrams opposed to bill 123 Telegrams and documents opposed to interference with present contracts- 126 Letter and opinion of attorney general of Oregon to Hon. N. J. Sinnott 29 Section 5791, Oregon Laws 33 Chapter 5, Laws of Oregon, 1905, ceding act 34 Contract between United States and California-Oregon Power Co. of February 24, 1917 35 Letter of attorney of Klamath irrigation district to Hon. N. J. Sinnott 39 Statement of Klamath irrigation district 66 Close

• 97. [Image] The Endangered Species Act and claims of property rights "takings"

  	The Endangered Species Act and Claims of Property Rights "Takings" Summary The federal Endangered Species Act (ES A) has long been one of the major flash points in the "property rights" debate. This ...
  	Citation × Citation Citation Abstract Copy Title: The Endangered Species Act and claims of property rights "takings" Author: Meltz, Robert Year: 2005, 2008 The Endangered Species Act and Claims of Property Rights "Takings" Summary The federal Endangered Species Act (ES A) has long been one of the major flash points in the "property rights" debate. This report first outlines the ESA provisions most relevant to the act's impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of species acquired prior to listing as endangered or threatened. To date, only one of the 12 ESA-based takings decisions revealed by research has found a taking. Title: The Endangered Species Act and claims of property rights "takings" Author: Meltz, Robert Year: 2005, 2008 The Endangered Species Act and Claims of Property Rights "Takings" Summary The federal Endangered Species Act (ES A) has long been one of the major flash points in the "property rights" debate. This report first outlines the ESA provisions most relevant to the act's impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of species acquired prior to listing as endangered or threatened. To date, only one of the 12 ESA-based takings decisions revealed by research has found a taking. Close

• 98. [Image] Federal Register - Endangered and Threatened Wildlife and Plants; Opening of the Comment Period for the Proposed and Final Designation of Critical Habitat for the Klamath River and Columbia River Populations of Bull Trout

  	We, the U.S. Fish and Wildlife Service (Service), announce the opening of a public comment period on the proposed and final designation of critical habitat for the Klamath River and Columbia River populations ...
  	Citation × Citation Citation Abstract Copy Title: Federal Register - Endangered and Threatened Wildlife and Plants; Opening of the Comment Period for the Proposed and Final Designation of Critical Habitat for the Klamath River and Columbia River Populations of Bull Trout Author: U.S. Fish and Wildlife Service; Department of the Interior (Washington, D.C.) Year: 2005, 2008 We, the U.S. Fish and Wildlife Service (Service), announce the opening of a public comment period on the proposed and final designation of critical habitat for the Klamath River and Columbia River populations of bull trout [Salvelinus confluentus). Due to court action, we have determined that it would be appropriate to reevaluate the exclusions made in the final critical habitat rule. We are opening this comment period to allow all interested parties to comment simultaneously on the November 29, 2002, proposed rule (67 FR 71235) and the October 6, 2004, final rule (69 FR 59996). Copies of the proposed and final rules, as well as the economic analysis for the critical habitat designation, are available on the Internet at http://pacific.fws.gov/ bull trout or from the Portland Regional Office at the address and contact numbers below Title: Federal Register - Endangered and Threatened Wildlife and Plants; Opening of the Comment Period for the Proposed and Final Designation of Critical Habitat for the Klamath River and Columbia River Populations of Bull Trout Author: U.S. Fish and Wildlife Service; Department of the Interior (Washington, D.C.) Year: 2005, 2008 We, the U.S. Fish and Wildlife Service (Service), announce the opening of a public comment period on the proposed and final designation of critical habitat for the Klamath River and Columbia River populations of bull trout [Salvelinus confluentus). Due to court action, we have determined that it would be appropriate to reevaluate the exclusions made in the final critical habitat rule. We are opening this comment period to allow all interested parties to comment simultaneously on the November 29, 2002, proposed rule (67 FR 71235) and the October 6, 2004, final rule (69 FR 59996). Copies of the proposed and final rules, as well as the economic analysis for the critical habitat designation, are available on the Internet at http://pacific.fws.gov/ bull trout or from the Portland Regional Office at the address and contact numbers below Close

• 99. [Image] Water user's association

  	The author of this article was the Chief Engineer, United States Reclamation Service and a photo of Mr. Newell precedes the actual text of the article.
  	Citation × Citation Citation Abstract Copy Title: Water user's association Author: Newell, F.H. Year: 1906, 2005, 2004 The author of this article was the Chief Engineer, United States Reclamation Service and a photo of Mr. Newell precedes the actual text of the article. Title: Water user's association Author: Newell, F.H. Year: 1906, 2005, 2004 The author of this article was the Chief Engineer, United States Reclamation Service and a photo of Mr. Newell precedes the actual text of the article. Close

• 100. [Image] Oregon aquatic habitat restoration and enhancement guide

  	"May 1999"
  	Citation × Citation Citation Abstract Copy Title: Oregon aquatic habitat restoration and enhancement guide Author: Oregon Plan for Salmon and Watersheds Year: 1999, 2005, 2004 "May 1999" Title: Oregon aquatic habitat restoration and enhancement guide Author: Oregon Plan for Salmon and Watersheds Year: 1999, 2005, 2004 "May 1999" Close