FY 2002 Columbia Plateau proposal 25102

Section 1. Administrative

Proposal titleColumbia Plateau Water Right Acquisition Program
Proposal ID25102
OrganizationOregon Water Trust (OWT)
Proposal contact person or principal investigator
NameTerry Anthony
Mailing addressOWT, 111 SW Naito Parkway, Ste. 404 Portland, OR 97204
Phone / email5035529022 / terry@owt.org
Manager authorizing this projectAndrew Purkey, Executive Director
Review cycleColumbia Plateau
Province / SubbasinColumbia Plateau / John Day
Short descriptionAcquire existing water rights on a voluntary basis through purchase, gift and water conservation projects, and transfer to instream water rights under Oregon state law; target acquisitions to maximize fulfillment of habitat objectives for instream flows.
Target speciesWild spring chinook, summer and winter steelhead, redband trout, bull trout.
Project location
LatitudeLongitudeDescription
44.35 -121 Deschutes Subbasin
44.78 -119.59 John Day Subbasin
45.6 -118.9 Umatilla Subbasin
46.14 -118.28 Walla Walla Subbasin
Reasonable and Prudent Alternatives (RPAs)

Sponsor-reported:

RPA

Relevant RPAs based on NMFS/BPA review:

Reviewing agencyAction #BiOp AgencyDescription
NMFS Action 149 NMFS BOR shall initiate programs in three priority subbasins (identified in the Basinwide Recovery Strategy) per year over 5 years, in coordination with NMFS, FWS, the states and others, to address all flow, passage, and screening problems in each subbasin over 10 years. The Corps shall implement demonstration projects to improve habitat in subbasins where water-diversion-related problems could cause take of listed species. Under the NWPPC program, BPA addresses passage, screening, and flow problems, where they are not the responsibility of others. BPA expects to expand on these measures in coordination with the NWPPC process to complement BOR actions described in the action above.
NMFS Action 151 NMFS BPA shall, in coordination with NMFS, experiment with innovative ways to increase tributary flows by, for example, establishing a water brokerage. BPA will begin these experiments as soon as possible and submit a report evaluating their efficacy at the end of 5 years.

Section 2. Past accomplishments

YearAccomplishment
1994 1 acquisition in project subbasins (lease 1.23 cfs in Deschutes, benefiting steelhead habitat).
1995 2 acquisitions in project subbasins (lease 1.23 cfs in Deschutes, benefitting steelhead habitat; lease up to 5.12 cfs in John Day, benefitting steelhead and chinook habitat).
1996 11 acquisitions in project subbasins (5 leases totaling 8.2 cfs in Deschutes benefitting steelhead and redband trout; 5 leases in John Day totalling up to 7.25 cfs benefitting chinook and steelhead; 1 lease in Umatilla .56 cfs benefitting steelhead).
1997 9 acquisitions in project subbasins (6 leases in Deschutes totalling 5.22 cfs benefitting steelhead and redband trout; 2 leases in John Day totalling up to 4.32 cfs benefitting chinook and steelhead; 1 lease in Umatilla 2.20 cfs benefitting steelhead).
1998 11 acquisition in project subbasins (8 leases in Deschutes totaling 7.38 cfs benefiting steelhead, brown and red band trout; 2 leases in John Day totaling up to 4.32 cfs benefiting chinook and steelhead; 1 lease in Umatilla 2.20 cfs, steelhead).
1999 14 acquisitions in project subbasins (10 in Deschutes with 2 permanent 1.81 cfs and 8 leases 5.17 cfs, steelhead, brown and redband trout; 3 acquisitions in John Day totaling up to 8.0 cfs, chinook and steelhead; 1 lease in Umatilla 2.20 cfs, steelhead.
2000 14 acquisitions in project subbasins (10 in Deschutes with 2 permanent 1.81 cfs and 8 leases 5.22 cfs, brown and redband trout; 3 in John Day totaling up to 8.23 cfs, chinook, steelhead, bull and redband trout; 1 lease in Umatilla 2.20 cfs, steelhead).

Section 3. Relationships to other projects

Project IDTitleDescription

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 Deschutes, John Day, Umatilla and Walla Walla subbasins 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 $1,965
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 $6,351
2. Stream Prioritization Work: Make direct contact with landowners on current priority streams as well as research to idenitfy new priority streams and conditions along those new streams. a. Update and confirm any changes to existing database of names and addresses of landowners with senior priority date water rights on streams already identified as OWT priority streams; send letters and make phone contact with these water right holders. ongoing $1,945
b. Research and identify up to five new priority stream systems within the John Day, Umatilla and Walla Walla subbasins consistent with OWRD & ODFW prioritization and tribal input; target critical stream reaches for flow restoration. ongoing $7,802
c. 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 2b; send letters and make phone contact with these water right holders. ongoing $5,503
Outyear objectives-based budget
ObjectiveStarting FYEnding FYEstimated cost
1. Public Education and Outreach 2003 2004 $13,050
2. Stream Prioritization Work 2003 2004 $39,200
Outyear budgets for Planning and Design phase
FY 2003FY 2004
$24,950$27,300

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 $2,210
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 $4,104
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 $2,630
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 $1,400
2. Negotiate and Complete Acquisitions: Acquire 3.6 cfs of flow on priority streams in the Deschutes, John Day, Umatilla, and Walla Walla subbasins 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 $2,630
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 $2,452
c. Work with OWT Development Director to identify additional funds to leverage BPA funding. ongoing $701
d. Subcontract to CWRE for examination of water rights; purchase water rights from seller. ongoing $155,000 Yes
Outyear objectives-based budget
ObjectiveStarting FYEnding FYEstimated cost
1. Evaluate Potential Instream Flow Acquisitions 2003 2004 $23,600
2. Negotiate and Complete Acquisitions: Acquire 3.7 cfs of flow in subbasins in FY 03 and 3.9 cfs of flow in subbasins in FY 04, for a total of 11.2 cfs over the three year project period. 2003 2004 $329,800
Outyear budgets for Construction and Implementation phase
FY 2003FY 2004
$182,250$188,500

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 acuqired by OWT in 2001 are in fact being protected as instream flows. a. Contact watermasters in priority subbasins to discuss instream rights acquired or targeted for acquisition in FY 01 - 03 by OWT; discuss areas where measurement and enforcement may be problematic due to resource or technical deficiencies; site visits. ongoing $1,297
b. Contact ODFW and watershed councils to identify and connect with local individuals interested in voluntary participation in instream monitoring program. ongoing $1,259
c. With information from Tasks 1a. and 1b. develop monitoring plan for various water right acquisitions. ongoing $2,319
d. Site visits with volunteers and watermasters 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 $1,517
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 $2,915
Outyear objectives-based budget
ObjectiveStarting FYEnding FYEstimated cost
1. Protect Instream Flows 2003 2004 $13,700
2. Evaluate Instream Flow Acquisitions 2003 2004 $6,800
Outyear budgets for Monitoring and Evaluation phase
FY 2003FY 2004
$9,800$10,700

Section 8. Estimated budget summary

Itemized budget
ItemNoteFY 2002 cost
Personnel FTE: Project Manager 782 hrs @ $25/hr; Assistant Project Mgr 875 hrs @ $20/hr; Exec Dir 30 hrs @ $30/hr $38,000
Fringe Estimated at 6.6% of salaries $2,525
Supplies Paper, reproduction costs, material distribution $415
Travel Travel to and from, and within, subbasins $2,000
Indirect Overhead $4,410
Capital Water right acquisition funds $155,000
Subcontractor Certified Water Rights Examiner $1,650
$204,000
Total estimated budget
Total FY 2002 cost$204,000
Amount anticipated from previously committed BPA funds$0
Total FY 2002 budget request$204,000
FY 2002 forecast from 2001$169,930
% change from forecast20.0%
Reason for change in estimated budget

OWT's FY 02 funding for Columbia Plateau subbasins was originally $169,930 (i.e., OWT's FY 02 original total funding of $203,000 less $33,070 that is now included in our Columbia Gorge Province Fifteenmile subbasin project). An additional $34,070 is requested as a result of two factors. First, the projected cost of acquiring water is increased from an original estimate of $50,000 per cfs to $65,000 per cfs. (Increase in acquisition funding accounts for slightly less than half of the increase, or $16,390 of the $34,070.) Second, the staffing level for the project is increased to include more Project Manager time, to add Assistant Project Manager time, and to include some Executive Director time. Project activities slated for increase include prioritization of new stream systems and development of monitoring and evaluation programs for acquisitions. (Increase in operational funding accounts for slightly more than half of the increase, or $17,680 of the $34,070).

Cost sharing
OrganizationItem or service providedAmountCash or in-kind
Oregon Water Resources Department Monitoring by watermasters $3,500 in-kind
Oregon Department Fish and Wildlife Monitoring by district fish biologists $3,500 in-kind
National Fish and Wildlife Foundation and other foundations Operational funding $24,500 cash
National Fish and Wildlife Foundation and other foundations; Oregon Watershed Enhancement Board; Deschutes Resources Conservancy Acquisitions funding $77,500 cash

Reviews and recommendations

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

Recommendation:
Fundable - no response required
Date:
Jun 15, 2001

Comment:

Fundable.

This proposal is to continue acquisition of water rights and conversion of these rights to in-stream flow. OWT's goal is to obtain permanent transfer of water rights from landowners to instream rights. Acquisitions will focus on senior water rights because in-stream flow rights retain the seniority of the original allocation. There are quantitative in-stream flow goals for the Deschutes, John Day, Umatilla and Walla Walla Rivers. Streams where streamflow is a limiting factor on fish production and survival will be targeted. One of the attractive features of the OWT project is that it specifically targets small stream systems where small instream water contributions may be very significant biologically in terms of reducing the risk of demographic extinction for small at-risk populations, as well as the potential increase in salmonid production from the aggregate of several water rights acquisitions. The approach combines a rigorous set of criteria and objectives with the inherent flexibility that will be required for a program whose success is contingent upon local landowner involvement and support. The proposal suggests that initial agreements in some subbasins are likely to involve short-term leases that can evolve into long-term leases or outright acquisitions as relationships with local landowners mature. Good background on the need for these water rights is provided. OWT has a record of conducting similar projects in the Fifteenmile subbasin (Columbia Gorge Province. Analysis of water rights value (both ecological and economic) is adequately described. The process for prioritizing acquisitions by relative stream need is logical. A plan to evaluate the impact of in-stream flow rights is presented. Overall, the proposal presents a logical plan for acquiring water rights that have high potential benefits for recovery.

This is an important project that could contribute significantly to natural production in the Columbia Plateau arid stream systems.


Recommendation:
High Priority
Date:
Aug 3, 2001

Comment:


Recommendation:
Fund
Date:
Aug 10, 2001

Comment:

Fundable.

This proposal is to continue acquisition of water rights and conversion of these rights to in-stream flow. OWT's goal is to obtain permanent transfer of water rights from landowners to instream rights. Acquisitions will focus on senior water rights because instream flow rights retain the seniority of the original allocation. There are quantitative instream flow goals for the Deschutes, John Day, Umatilla and Walla Walla Rivers. Streams where streamflow is a limiting factor on fish production and survival will be targeted. One of the attractive features of the OWT project is that it specifically targets small stream systems where small instream water contributions may be very significant biologically in terms of reducing the risk of demographic extinction for small at-risk populations, as well as the potential increase in salmonid production from the aggregate of several water rights acquisitions. The approach combines a rigorous set of criteria and objectives with the inherent flexibility that will be required for a program whose success is contingent upon local landowner involvement and support. The proposal suggests that initial agreements in some subbasins are likely to involve short-term leases that can evolve into long-term leases or outright acquisitions as relationships with local landowners mature. Good background on the need for these water rights is provided. OWT has a record of conducting similar projects in the Fifteenmile subbasin (Columbia Gorge Province). Analysis of water rights value (both ecological and economic) is adequately described. The process for prioritizing acquisitions by relative stream need is logical. A plan to evaluate the impact of in-stream flow rights is presented. Overall, the proposal presents a logical plan for acquiring water rights that have high potential benefits for recovery.

This is an important project that could contribute significantly to natural production in the Columbia Plateau arid stream systems.


Recommendation:
Date:
Oct 1, 2001

Comment:

Statement of Potential Biological Benefit to ESU
Acquire existing water rights on a voluntary basis through purchase, gift and water conservation projects, and transfer to instream water rights under Oregon state law; target acquisitions to maximize fulfillment of habitat objectives for instream flows.

Comments
Acquisitions will focus on senior water rights. Project sets stage for securing water in a priority subbasin.

Already ESA Req? no

Biop? yes


Recommendation:
Rank C
Date:
Oct 16, 2001

Comment:

This project would acquire existing water rights on a voluntary basis through purchase, gift and water conservation projects, and transfer to in-stream water rights under Oregon state law; target acquisitions to maximize fulfillment of habitat objectives for in-stream flows. Prior to commitment of funding, this proposal needs to be reviewed by the Regional Water Entity.
Recommendation:
Fund
Date:
Jan 3, 2002

Comment:

Oregon Water Trust proposal (proposal 25102/199908800)

Staff Recommendation: The Oregon Water Trust had an ongoing project to acquire water rights throughout the Oregon subbasins of the Gorge and Plateau provinces. In the Columbia Gorge provincial review, the Water Trust split their proposal to fund work in Fifteenmile Creek under the Gorge provincial review and submitted the Plateau portion of their work under the existing project number 199908800. The Council funded the Gorge work in FY 2001 under project 21019. Project 199908800 also received funding of $140,000 in FY 2001.

OWT resubmitted project 199908800 in the Columbia Plateau province covering their ongoing work in the Plateau. The existing project was assigned a new number -- 25102. Water Trust's work should be considered ongoing, despite the new project number, since it is merely a continuation of the ongoing project, but held to the 3.4 percent increase in funding.

Bonneville's comments treat the ongoing project 199908800 as Category A and meeting RPAs 149 and 151. Staff concurs that the project does address both RPAs and would recommend funding the work under General Issue 2 as an ongoing project. If the Regional Water Entity is established, staff would recommend transferring the funding of the project to that process.

Budget effect on base program (Project 25102):

FY 2002 FY 2003 FY 2004
No Effect No Effect No Effect

Recommendation:
Fund
Date:
Mar 6, 2002

Comment:


Recommendation:
Do Not Fund
Date:
Sep 20, 2003

Comment:

MOVED TO 151
Recommendation:
Date:
Sep 20, 2003

Comment: