FY 2002 Blue Mountain proposal 27020

Additional documents

TitleType
27020 Narrative Narrative
Farm Crop Enterprise Budget Response Attachment
Monitoring Methods Summary for Newsletter Response Attachment
Monitoring Methods Technical Background Response Attachment
27020 Sponsor Response to ISRP Response
27020 Powerpoint Presentation Powerpoint Presentation

Section 1. Administrative

Proposal titleGrande Ronde Subbasin Water Right Acquisition Program
Proposal ID27020
OrganizationOregon Water Trust (OWT)
Proposal contact person or principal investigator
NameCheyenne Chapman
Mailing addressOWT, 111 SW Naito Parkway, Ste. 404 Portland, OR 97204
Phone / email5032274464 / cheyenne@owt.org
Manager authorizing this projectAndrew Purkey, Executive Director
Review cycleBlue Mountain
Province / SubbasinBlue Mountain / Grande Ronde
Short descriptionAcquire 3 cfs of existing Grande Ronde Subbasin water rights on a voluntary basis and transfer to instream water rights under Oregon state law; target acquisitions to maximize fulfillment of habitat objectives for instream flows.
Target speciesSummer steelhead, chinook, coho, bull trout
Project location
LatitudeLongitudeDescription
45.52 -117.76 Grande Ronde Subbasin
Reasonable and Prudent Alternatives (RPAs)

Sponsor-reported:

RPA
Habitat RPA Action 151

Relevant RPAs based on NMFS/BPA review:

Reviewing agencyAction #BiOp AgencyDescription
NMFS Action 150 NMFS In subbasins with listed salmon and steelhead, BPA shall fund protection of currently productive non-Federal habitat, especially if at risk of being degraded, in accordance with criteria and priorities BPA and NMFS will develop by June 1, 2001.

Section 2. Past accomplishments

YearAccomplishment
1996 Short-term leases of water rights on Crow Creek, Courtney Creek and Grande Ronde River totalling .60 cfs
1997 Short-term leases of water rights on Crow, Chesninmus, Joseph, and Courtney creeks and Grande Ronde River totalling 1.9 cfs.
1998 Permanent acquisition of water right on Courtney Creek totalling .09 cfs; short-term leases of water rights on Crow, Chesninmus, Joseph creeks and Grande Ronde River totalling .92 cfs.
1999 Permanent instream water right of .09 cfs on Courtney Creek and short term leases totalling .92 cfs.
2000 Permanent instream water right of .09 cfs on Courtney Creek and short term leases totalling .92 cfs.

Section 3. Relationships to other projects

Project IDTitleDescription
199900800 Water Right Acquisition Program OWT's multi-year (FY 1999-2001) project originally included work in the Grande Ronde subbasin. We previously separated out work in the Columbia Gorge and Columbia Plateau provinces, and are submitting this work under the Blue Mountain province review.

Section 4. Budget for Planning and Design phase

Task-based budget
ObjectiveTaskDuration in FYsEstimated 2002 costSubcontractor
1. Public Education and Outreach: Continue outreach to targeted organizations and individuals in Grande Ronde subbasin to raise awareness of OWT and facilitate contacts between OWT and landowners. a. Research and identify additional organizations and individuals to be targeted for mailing letter and informational materials; this task includes updating correct names and addresses for organizations and individuals. ongoing $710
b. Contact organizations and individuals identified through task a. by telephone and set up and attend meetings, make presentations, take site tours of potential acquisitions, meet individual landowners. ongoing $1,988
2. Stream Prioritization Work: Identify priority streams and conditions along those streams, and make direct contact with landowners on priority and other streams. a. Research and identify priority stream systems within the Grande Ronde subbasin consistent with OWRD & ODFW prioritization and tribal input; target critical stream reaches for flow restoration. FY02 $2,825
b. Research at county assessor's office to identify names and addresses of landowners with senior priority date water rights on new priority streams identified in Task 2a. FY02 $1,516
c. Create database of names and addresses of landowners with senior priority date water rights on streams identified as OWT priority streams; send letters and make phone contact with these water right holders. ongoing $942
Outyear objectives-based budget
ObjectiveStarting FYEnding FYEstimated cost
1. Public Education and Outreach 3 4 $6,221
2. Stream Prioritization Work 3 4 $12,209
Outyear budgets for Planning and Design phase
FY 2003FY 2004
$8,775$9,655

Section 5. Budget for Construction and Implementation phase

Task-based budget
ObjectiveTaskDuration in FYsEstimated 2002 costSubcontractor
1. Evaluate Potential Instream Flow Acquisitions: Ongoing process of analyzing potential acquisitions that come to OWT as a result of outreach work done in Objectives 1 and 2. a. Contact watermaster and do WRIS review of water right to determine its relative seniority, enforceability and measurability within the stream system; determine the reach within which the right would be protected. ongoing $1,172
b. Contact ODFW biologists and local watershed councils, review scientific publication materials to determine potential ecological impact of instream flow acquisition within protectible reach; determine whether flow is the limiting factor on this system. ongoing $1,172
c. Conduct economic evaluation of water right to determine range of value; research property values, analyze other water rights sales and transfer prices, and identify other economic variables to determine an offer price and range of negotiating values. ongoing $706
d. Prepare acquisition summary document for OWT Board of Directors to consider; make presentation at OWT board meeting; OWT Board determines whether to pursue negotiations, price to be offered, and range of negotiation; Board may set staff guidelines. ongoing $999
2. Negotiate and Complete Acquisitions: Acquire 3.0 cfs of flow on priority streams in the Grande Ronde subbasin on long-term or permanent basis; negotiate deals with landowners and complete OWRD transfer process. a. Once OWT Board approves a price and a range, or deal is within Board guidelines, negotiate deal with the water right holder; task can involve phone negotiations, negotiations by letter, on-site in person negotiations; or a combination. ongoing $2,166
b. Once a deal is agreed upon, draft agreement documents; compile and draft documents for the OWRD transfer process and work with OWRD to ensure timely processing of application. ongoing $1,470
c. Work with OWT Development Director to identify additional funds to leverage BPA funding. ongoing $706
d. Subcontract to CWRE for examination of water rights; purchase water rights from seller. ongoing $40,735
Outyear objectives-based budget
ObjectiveStarting FYEnding FYEstimated cost
1. Evaluate Potential Instream Flow Acquisitions 3 4 $9,353
2. Negotiate and complete Acquisitions: Acquire 3.0 cfs of flow over three years. $102,180
Outyear budgets for Construction and Implementation phase
FY 2003FY 2004
$53,589$57,945

Section 6. Budget for Operations and Maintenance phase

Task-based budget
ObjectiveTaskDuration in FYsEstimated 2002 costSubcontractor
(Not Applicable) $0
Outyear objectives-based budget
ObjectiveStarting FYEnding FYEstimated cost
(Not Applicable) $0
Outyear budgets for Operations and Maintenance phase

Section 7. Budget for Monitoring and Evaluation phase

Task-based budget
ObjectiveTaskDuration in FYsEstimated 2002 costSubcontractor
1. Work with OWRD staff to ensure that all the instream water rights acquired by OWT are in fact being protected as instream flows. a. Contact watermaster to discuss instream rights acquired or targeted for acquisition in FY 02 - 04 by OWT; discuss areas where measurement and enforcement may be problematic due to resource or technical deficiencies; site visits. ongoing $936
b. Contact ODFW and watershed council to identify and connect with local individuals interested in voluntary participation in instream monitoring program. ongoing $936
c. With information from Tasks 1a. and 1b. develop monitoring plan for various water right acquisitions. ongoing $821
d. Site visits with watermaster to examine water rights situation on the ground; measure targeted streams to see if instream flow rights are being met; if rights are not being met discuss enforcement and regulation with watermaster. ongoing $1,884
2. Evaluate Instream Flow Acquisitions: A longer term process that involves identifying and measuring the ecological impacts of OWT's instream flow acquisitions. a. Review ODFW and other materials on targeted streams to identify ecological goals for instream acquisitions; work with ODFW staff to conduct ongoing ecological benefits analyses; assist with on-site measurement and analysis; identify other resources. ongoing $936
Outyear objectives-based budget
ObjectiveStarting FYEnding FYEstimated cost
1. Protect Instream Flows 3 4 $10,465
2. Evaluate Instream Flow Acquisitions 3 4 $2,273
Outyear budgets for Monitoring and Evaluation phase
FY 2003FY 2004
$6,065$6,673

Section 8. Estimated budget summary

Itemized budget
ItemNoteFY 2002 cost
Personnel FTE: Project and executive staff 405 hrs @ $35/hr. $14,175
Fringe Estimated at 17% of salaries. $2,410
Supplies Paper, reproduction costs, material distribution $450
Travel Travel to and from, and within, subbasin $2,200
Indirect Overhead $2,885
Capital Water Right Acquisition funds $40,000
Subcontractor Certified Water Rights Examiner $500
$62,620
Total estimated budget
Total FY 2002 cost$62,620
Amount anticipated from previously committed BPA funds$0
Total FY 2002 budget request$62,620
FY 2002 forecast from 2001$0
% change from forecast0.0%
Cost sharing
OrganizationItem or service providedAmountCash or in-kind
Oregon Water Resources Department Monitoring by watermaster $1,250 in-kind
Oregon Department of Fish and Wildlife Monitoring by district fish biologists $1,250 in-kind
National Fish and Wildlife Foundation and other foundations Operational funding $5,655 cash
National Fish and Wildlife Foundation and other foundations; Oregon Watershed Enhancement Board Acquisitions funding $20,000 cash

Reviews and recommendations

This information was not provided on the original proposals, but was generated during the review process.

Recommendation:
Fundable only if response is adequate
Date:
Sep 28, 2001

Comment:

A response is needed. This proposal is for funding to assist with the acquisition of water rights in the Grande Ronde Subbasin. Previous work was funded under a Columbia Basin-wide project. This is the first proposal submitted by OWT for Grande Ronde work under the separate subbasin structure.

The project goal is to acquire relatively small amounts of water that significantly impact flow in tributary habitats. The proposal is to acquire senior water rights for conversion to in-stream use. Small to medium landowners with livestock operations (where alternatives to irrigation-grown feed can be purchased) are the target sellers. OWT would work with OWRD to ensure that protectable rights are purchased, and with ODFW to ensure that the additional water results in demonstrable ecological benefits.

The goal is to acquire 3 cfs over a three-year period. A cost estimate is provided for each cfs ($60k). OWT requests funds for 2/3 of the costs of water rights acquisitions.

Inadequate flows in small streams and tributaries are identified as a major limiting factor for fish habitat. The technical background is excellent, and a convincing case is made for the rationale and significance of this project to regional programs. Objectives are systematically presented with associated tasks and methods. Methods for most tasks are described in adequate detail. However, more detail could be provided on the economic evaluation (Task 1.c) and how it will be conducted. How will evaluation of permanent transfers differ from that done for temporary leases?

In the presentation it was indicated that economic valuation of water rights is done to establish parameters for negotiation with landowner. If a short-term lease is being negotiated, the value of water to a landowner is assessed through a crop enterprise budget. If it is a permanent transfer, the value of water to the land is assessed in terms of the difference in sale prices of comparable land with and without water rights. Details of this approach should be presented in the proposal.

Monitoring and evaluation are included not only for the rights acquisition but also for the ecological impact of the increased in-stream flow. Cooperative monitoring of conservation impacts with tribes and state agencies is planned. More detail needs to be provided on monitoring methods. Although the OWT does not conduct the monitoring, they need to demonstrate that someone (ODFW, OWRD or the tribes) is assessing the biological impact on fish of the additional water. Impacts will likely need to be monitored in the aggregate.

The project has the potential to directly address problems of stream flow and temperature, but can such small increments of cfs can make an effective difference? What is the strategy for ensuring that they do? What is the evidence that the seemingly small flows being acquired (e.g., 0.09 cfs) will be of significant benefit in terms of the biology of the fish? The question is whether it is better to fragment available funds to get small cfs in many areas or to purchase a larger number of cfs in a smaller number of areas.

The response should indicate how the additional water will affect the flow regimes of the streams as they relate to the life cycles of the fishes and other organisms. What are the critical periods in the yearly cycle of natural fish production in the particular stream, and how will the added flow ameliorate limiting conditions?

A larger question that should be addressed by a future project pertains to the cumulative effect of these water right acquisitions on the ecological productivity of the streams and also on the pattern of riparian land use. For example, will changing the ownership of water rights appurtenant to the land create an incentive to take land out of agriculture and into an alternative use, such as housing?

Fifteenmile Creek might be a good demonstration site for this type of assessment.


Recommendation:
Recommended Action
Date:
Nov 30, 2001

Comment:

This project addresses RPA 150. The sponsor suggests that 3 cfs would be secured through the work. The reviewers indicate that the 3 cfs is significant if it occurs in a small to moderate-sized stream; however, 3cfs is not a critical limiting factor throughout most of the subbasin. NMFS needs to assess biological impact on fish (see ISRP responses).
Recommendation:
Fund
Date:
Dec 21, 2001

Comment:

Fundable. The response addresses the review comments with sufficient detail. Attention has also been paid to answering the intent of the comments. Descriptions of the methods used to value both temporary water leases and permanent water right acquisition are sufficient. The approach is reasonable. The response provides adequate detail on how impacts of water acquisition are monitored in partnership with ODFW and CTUIR. The response to questions about the ecological benefits of water acquisition provides a justification for the incremental approach and an explanation of how this approach is taken in conjunction with ecological planning and monitoring. Additional detail is provided on the crop enterprise budget used to value temporary water leases, monitoring approaches to in-stream flow, and monitoring strategies for measurable in-stream water rights. This level of explanatory detail should be included in future OWT proposals for acquisition of in-stream water rights.
Recommendation:
Date:
Feb 1, 2002

Comment:

Statement of Potential Biological Benefit to ESU
Project will: (1) acquire 2 cfs senior water rights on a voluntary basis for conversion to instream use along small streams and tributaries of the Grande Ronde Subbasin that provide prime spawning and rearing habitat for anadromous salmonids; (2) transfer to instream water rights under Oregon state law; and (3) target acquisitions to maximize fulfillment of habitat objectives for instream flows. Possible survival improvements if successfully implemented.

Comments
The project goal is to acquire relatively small amounts of water that significantly impact flow in tributary habitats, by acquiring senior water rights for conversion to in-stream use. However, acquisition site is not described. Project needs acquisition site to be located where 3 cfs would be a significant amount of increased flow. M&E are included not only for the rights acquisition, but also for the ecological impact of increased in-stream flow. Cooperative monitoring of conservation impacts with Tribes & state agencies is planned. Need to assess the biological impact on fish of the additional water.

Already ESA Req? No

Biop? Yes


Recommendation:
A
Date:
Feb 11, 2002

Comment:

Recommend project for implementation of RPA 151 through the regional water entity. We note that this project could have immediate benefits to instream flows for listed anadromous fish.

BPA RPA RPM:
151

NMFS RPA/USFWS RPM:
150


Recommendation:
Do Not Fund
Date:
Apr 19, 2002

Comment: