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HomeMy WebLinkAbout2014-409-Minutes for Meeting July 02,2014 Recorded 8/12/2014 DESCHUTES NANCY BLANKENSHIP,FCOUNTY CLERK DS ��1 1014409 COMMISSIONERS' JOURNAL 08/12/2014 08;00:37 AM I IIIIIIIIIIIIIIilllllll i II III 2014-409 •(''J--Es � ��2 cu -� ' Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF PUBLIC MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JULY 2, 2014 The purpose of the meeting was to conduct a public hearing on an application from Central Oregon Irrigation District,for an Ordinance to amend Code regarding permitted uses relating to canal maintenance and piping within the SR- 2.5 zone. (CDD File #TA-13-4.) Present were Commissioners Tammy Baney, Anthony DeBone and Alan Unger. Also present were Tom Anderson, County Administrator; Nick Lelack and Paul Blikstad, Community Development; David Doyle and Laurie Craghead, County Counsel; and approximately 100 other citizens, including representatives of the applicant and the media. Chair Baney opened the hearing at 5:40 p.m. Nick Lelack gave a PowerPoint presentation (a copy of which is attached), and read the opening statement for the benefit of all attendees. Minutes of a Public Hearing-Application by COD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 1 of 25 1_ In regard to conflicts of interest, the Commissioners declared as follows: Chair Baney: Nothing to disclose. Commissioner DeBone: Nothing to disclose. Commissioner Unger: He explained he has been involved a long time in water policy and issues, chairs the Deschutes Water Alliance, is on the Upper Deschutes Watershed Council, and is involved in other water groups and has been since he was on the Redmond City Council, carrying through while he has been a County Commissioner. His family also has a small amount of COID water rights. Laurie Craghead stated that in legislative matters, a Commissioner can have a specific opinion or bias, but cannot financially benefit in relation to the activity. Chair Baney said that the Board will not deliberate tonight, and at least the written record will remain open after this evening's session. Liz Dickson, attorney for Hurley Re, said she represents COID. She gave an overview of the legislative text amendment. It will allow irrigation companies to pipe canals as an outright use. It would only affect the Residential 2.5 zone; the rest of the zones already allow for this outright. She explained that piping stretches water. The Juniper Ridge project is a water- saving project and needs to continue. (She referred to an aerial visual of the area.) Juniper Ridge II enters into the Bend urban area, with the lots being smaller and residential in nature. Piping allows for saving water for the river, fish and to meet the needs of cities. The federal government says all the water in the basin is prescribed and no other uses are allowed unless another use is retired. This project has all three of the required characteristics. It is close to the Riverhouse and carries a lot of water. This canal loses about 40% of the water in it. The water elevation drop allows an opportunity to harness the power. The goal would allow a lot of water to remain in the river. Minutes of a Public Hearing—Application by COLD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday, July 2, 2014 Page 2 of 25 (The next slide showed Juniper Ridge Phase II that connects to the existing pipe.) This would allow for full capacity at the hydro plant, generating green power for 5,000 homes. The additional goal will allow water into the river, and less will need to be taken from the Crooked River. Phase II is in the RS 2.5 zone. Piping is allowed in all zones where there are canals. It is not known why this zone was left out. This proposal also has broad support. They understand that some people may not be happy with this, but everyone should be treated equally. Some have argued that the aquifer is being recharged by the canals. She has information that this is not the case. The aquifer is not in jeopardy. Seepage from the canals is not significant for the aquifer. Putting the water back in the river makes more sense. Some people think lining is the answer. This costs 23% more than piping due to maintenance. Those slippery canals are much more dangerous to the public, and they still lose significant water through evaporation. Some say it will devalue their properties. Information provided to the Planning Commission said it would depreciate values by $150,000 per home. They reviewed homes in areas showing values before and after piping. There was no significant difference in the values. Some argue they are historic assets. They are historic but most are not in their original condition. A full registration has been done by COID on designations, and the study will pick one location as the most historic, and it will be set aside to represent the entire system. Neither of these is in the subject area. Some say they own the COID right of way. In the record there is a history of each back to federal patent. This can now be found on the County website. This establishes the COID rights of way to operate and maintain, and pipe. The property owners own the property, but COID has the right to use it. The goal is to preserve the river, benefit fish and stretch the water this area needs. Individuals from other organizations will now testify. Minutes of a Public Hearing—Application by COID for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday, July 2, 2014 Page 3 of 25 Teresa Hansen, First American Title, explained that she handled this large project for COID. She examined all documents on the properties from 1905 until now. In the land patents, the government reserved all the ditches and canals, to benefit Central Oregon Irrigation, and COID holds the federal rights of way for all of the 38 lots. They have the rights in title to maintain and operate the canals. It is on the County website and available through Planning. Kevin Crew, principal of Black Rock Consulting, said he has been a professional engineer for 28 years in the water resources industry. Juniper Ridge I has a 9-foot diameter that runs to the hydro plant. Phase II continues this, follows it upstream, and terminates in the four-bay structure. The biggest challenge of the structure is the diameter of water through it. (He referred to the potential structure and explained how it would work.) They also looked at some pipe depth options. If they could excavate the canal, the top would be smoother and there would be less of a berm. This costs a lot more, $6.5 million up to $7.5 million. Lining is a lot more expensive overall due to maintenance and it still loses up to 30% of water. A canal increases velocity and avoids the safety issues in urbanized areas. Craig Horrell is the new general manager of COID. He has been a resident for 17 years and lived on a canal. He thanked the Board for listening to both sides. There is tremendous support for the basin. This is a basin-wide issue and not just one neighborhood. If the technology to pipe had been available in 1913, they would have used it. This allows them to continue to serve patrons and the community. He understands this is a change, as the people have beautiful homes there, and he wants to do things well. They will pay more to lower the pipe and enhance the land. Phase I simply matches the local surroundings. They would like to do more for these residents. Ms. Dickson said Marc Capell of the City Council; Betty Roppe, Prineville Mayor; Bobby Brunoe, General Manager of the Confederated Tribes of Warm Springs; and Todd Heisler of the Deschutes River Conservancy, representing environmental aspects, will speak. Minutes of a Public Hearing—Application by COD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 4 of 25 Marc Capell said he also sits on the Deschutes River Conservancy board and is with the Deschutes Water Alliance. The key for the City of Bend is conservation of water. All water rights are allocated and about 80-90% of water taken from the rivers is removed by irrigation districts. Of that, 40% or more is lost in transmission. If they truly want to improve stream flows and for economic impact, without piping there is no solution to the problems. The City Council spoke about this and was unanimously in support. If this was within the City, it would be approved and encouraged. They have consistent support for these types of projects. The City has sent a letter of support. They recognize it is an imposition to the residents. However, the rights of way are owned by the irrigation district and the owners do not have a right to the water being there. Betty Roppe said she is on the DRC board, the Deschutes Water Alliance board, COCOA, and the Mayors Board for the State. She supports the project, and wrote a letter stating this. She was raised in Oregon and lived on a ranch. Water is very important. Phase II should be constructed this year. Priorities for Prineville are jobs and water. The City is conserving water, developing new wells and collaborating with irrigation districts. The habitat of the Crooked River is important for salmon, steelhead and other species. This complements other efforts for a reliable water supply here. Bobby Brunoe said he a member of the DRC and DWA, and a former Watershed Enhancement Board member, and has with the Tribes for 21 years, working for natural resources. Piping is important to the Tribes, because fish above the Pelton project and the listed species are important to them and others. This is very important culturally and spiritually to them. Greater flow helps those fish. They work with organizations in this basin and others. Restoration is very important t/o the State. This is a good thing for the tribes, Central Oregon and the fish. Minutes of a Public Hearing—Application by COID for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday, July 2, 2014 Page 5 of 25 Todd Heisler said the DRC clearly supports piping and this project. He knows this is not easy and has empathy for the landowners and the District. The Board needs to be brought away from a narrow view and think about water policy. This fits into something much bigger that is important to the County and the region. Overall, it affects a lot of people, as everything depends on water. This is a lynchpin to help move water around the basin to benefit a variety of users. The DRC's mission is to restore stream flow, as it is critical to the economy, tourism, agriculture, urban growth and other things. They have to manage water more effectively. Water policy management is key to sustaining economies. If we fail in this, someone else will tell us how to do it. Agencies spend millions on how to comply with regulations and not have an outside agency come in to tell us how to comply. They need to rebalance water to serve all users without harming the agricultural sector. The aquifer is recharged by snowmelt and springs, and in fact the Deschutes River is the largest spring-fed river in the U.S. The problem is that water management and policies have to balance. Some are over appropriated, some agricultural uses are last, and you have cities and others vying for it. There is a major disruption of flow due to over appropriation. Historically the view has changed. The agricultural users have some of the junior rights. There is no new water available in the basin, so they have to trade one use for another, with more users. A big problem is losing 50% or so to leakage. Years ago, it was the best way to handle water at the time, and it is too expensive to fix as is. They need a key and strategic approach to keeping water in the basin. Lots of users are working together on this, and they have restored flows in many areas. Life is coming back to the rivers. Everyone needs to see the big picture, and this is part of the overall plan. Liz Dickson referred to information in her packet. Page 2 has arguments against piping as an outright use. The opponents say there are negative property impacts. However, there are no appreciable difference in value based on facts. There are aesthetic impacts, and they will do their best to replace this with something nice. A berm is a possible problem. They have a three- year budget for maintenance to establish native plants. Minutes of a Public Hearing—Application by COD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 6 of 25 The next argument is about wildlife habitat loss. The river habitat is more important, all the way to the Columbia. There are legal options, since the hydro plant is already built. They are studying canals as a historic resource. There was an agreement with the County to allow excavation at the bridge. Lining is more expensive and more risky. The review has to happen in the RS 2.5 zone. In-stream leasing is not going to be discouraged by this. This will change the neighborhood, but it would benefit all, including fish and recreational users. Dave Newton, a native of the area, is a licensed engineer and geologist. He worked with his father and has been involved with water since the mid-1980's, including more intensive water supply planning for the last ten. A reduction in seepage in lined canals will help meet the needs of the basin. This goes back to the 1960's. The importance of in-stream flows has been shared by others for years. All this planning is to recognize possible impacts to groundwater. There is a large sweep of benefits. The Deschutes is unique, and recharging is very effective. There is a tremendous amount of agricultural use, but most comes from surface water, not groundwater. Agricultural water supplies in other places are largely from groundwater. The USGS and the Water Resources Department show groundwater is declining. Before canals there was a baseline. All canals leaked. The aquifer and equilibrium will change, and go back towards the baseline. The Water Resources Department has not restricted this basin as they have elsewhere in the state. Chair Baney asked if someone will testify on the entire project and the weight of this part on the overall project, and explain what Phase III is. Ms. Dickson replied that Phase II will maximize the hydro plant. The water will go to Prineville and the Crooked River. Chair Baney asked if they can s how a diminished return if it is not piped, since those are big statements. Ms. Dickson stated that the plan to take water back to the North Unit is from this stretch. Juniper Ridge I went back into the Deschutes. Minutes of a Public Hearing—Application by COD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday, July 2,2014 Page 7 of 25 Chair Baney thanked the audience for being respectful. Tom Hignell said he and his family chose an area along the canal for its livability. They paid a premium to do so. Mr. Capell has no skin in this game. He should talk with his own appraiser. He wanted to know the real agenda and motive. They all consider themselves conservationists. The property has river otters, rabbits, birds, foxes and other animals. With two months' notice, a letter from COID meant they can destroy the crown jewel. This as a revenue generator is an albatross, as there is not enough megawatts. Planning Commissioner Powell asked, but COID did not talk about the hydro plant. The Bureau of Reclamation conspired with them to destroy the canal. There are federal disclosure laws, but they still haven't heard from the Bureau of Reclamation. There is only an MOA. LUBA analyzed this and found against COID for being misleading. It was remanded back to the County, as the compatibility wasn't close. They had to reapply for hydro use. They attempted to coerce the Planning Commission. COID said they were not going to pay attention, as federal law trumped. Laurie Craghead said that this was not true. The Planning Commission voted against COID, and stood for local rights. They did not buy the idea that this was for conservation. A lot of other areas are not piped. The remaining cascade is scheduled for destruction. The real motive can't be missed; they get $1 million in income from hydro.' There is no compensation to the public or property owners. Six more plants are scheduled, and they are in partnership with Apple Computers. Regarding public safety, there are more accidents at the river than 40 years of canals. They never mentored the intake earthen dam. When this is dry, there is a big drop, and it is surrounded by razor wire. A block house is planned for Phase II. The USDA report on dams talks about low, significant and high hazard. Earthen dams are the riskiest. He checked with insurance companies, and some will cancel or won't cover flooding. COID will not indemnify. This is very irresponsible. Minutes of a Public Hearing—Application by COLD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 8 of 25 They pay taxes and own the land, and COID is to maintain and cannot change it without written permission. The Swan's property was excavated while they were gone. Liz Dickson lectured that the landowners have ownership. They tried for historic designation, but the City and County got letters from COID claiming co- ownership. He urged rejection of their avoidance of the public forum. Their modus operandi is to steer the Board and others elsewhere. They wave the banner of conservation while destroying it. They are only after money, and this is an embarrassment to the community. LUBA said the application is insufficient. They need to withdraw entirely. Jim Curl testified on behalf of his attorney, Bruce White, as Mr. White has health issues and could not be present. Mr. Curl read Mr. White's letter into the record and asked for the hearing, if continued, be extended beyond July 9. Mike Knowle has concerns about a loss of lifestyle and values. They are mostly upset about the lack of public input and back room deals. Planning documents show the importance of this kind of input. COID is asking for permission to avoid public input. COID does not want to deal with the public. Regarding business in general, they are unqualified to have this special use. Just irrigation districts benefit. They had a neighborhood meeting, but it was to tell everyone how it would be. They think it comes down to federal law. He developed Canal View subdivision 20 years ago, but COID made it clear they had control. They wanted a fence on the easement line. They agreed that the buyers would be notified of potential hazards and no structures would be allowed on the easement. Piping would require extensive structural changes. This is not what the agreement meant. He wants a reasonable and open minded examination, but the property owners are being bullied, along with the City and County. He asked Liz Dickson if the water by the Riverhouse would not be taken out from there. Minutes of a Public Hearing—Application by COlD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 9 of 25 Ms. Dickson said she will respond in writing due to the format set for the meeting. The water being saved by Phase II is not being diverted by COID. It is diverted by the North Unit in the same location to go to Madras, so would not be taken out of the Crooked River. Mr. Knowle said the middle Deschutes is not being benefited, and this is misleading. COID should be following the LUBA ruling. He quoted a suit he has going against COID. If they raise the berm height, they can channel water more effectively to operate the hydro plant. COID admits to this allegation. Chair Baney said the best way to phrase this is to ask it be included in the record. Ms. Dickson stated this is an ongoing lawsuit in Circuit Court. Mr. Knowle said this was never about saving water. He feels there will be a great loss in property values. He has no idea how they came up with the numbers they did. He has never seen such a deceptive presentation as Ms. Dickson's. He feels the City and County have fallen in line with COID. Bruce White mentioned that a hydro project is not permitted in the RS zone. The City needs to look at this, but they did not respond. Even after LUBA decision made it more clear, there was still no response. Mr. Capell said that the City would approve it, but it is not allowed. Mr. Capell also thinks he knows property values and is not aware they are trying to get some kind of response from the City. The County should keep the right to review any and all projects like this. He said he believes the County waived the fees for COID also. There was a letter from Chris Doty earlier in the year. Jeff Perreault stated the water is not staying in the middle Deschutes. The numbers not right regarding recharging. (He read a statement at this time.) Minutes of a Public Hearing—Application by COD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 10 of 25 At 7:55 p.m., Chair Baney said 42 more people had signed up to testify. She asked that they condense their thoughts to three minutes; or if they agree with someone else,just state so. She has a list of those in support and those in opposition, but will call then in the order they were turned in. Commissioner DeBone said that if the evening goes too long, submitting written testimony later is always an option. A 15-minute break was then taken. The hearing continued at 8:10 p.m. Deane Funk of Portland General Electric said he has a letter in the record. This is an important issue, and supports a wide use of resources, which also adds up to sustainable business development. There is a long history of collaboration here, with Phase I coming through the Pelton water fund. He is not as versed on the issue as some, but finds this to be an interesting evening, and is comfortable with the support letters from people with a lot of expertise. Kyle Gorman provided a copy of a previous letter plus a map of the districts. He is the Regional Manager for Oregon Water Resources, for 24 years next week. He was a watermaster tech at first, then watermaster in 1993, regulating water among the holders, with familiarity as to what water is supposed to go where, the timing of the flows, the magnitude, range and other aspects. In 2001 he succeeded Bob Main as regional manager. He participated in the USGS groundwater studies, sat through meetings with basin experts, and two arduous years with groundwater mitigation groups. He has heard a lot about hydrology and its effects, conspiracies and conversation that isn't there, and a lot of confusion. The irrigation districts by decree were given generous water rights to allow for the loss of water. Because of the idea of the basin, statutes were passed to conserve water and to do something about the leaky canals. The thought was to line and pipe them to improve efficiency. Minutes of a Public Hearing—Application by COED for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 11 of 25 In some places the flow was zero. The first effort was to restore stream flow in Wychus Creek. This was a big change and eye opening. The point is, he is very familiar with the area and water issues. All he has heard tonight is appalling when it comes to what the district is doing. There is no hidden agenda. Conserving water through piping has a beneficial effect and helps the majority of people here. He has seen and lived this. Commissioner DeBone asked about the construction on the Swan property of the monitoring point. Mr. Gorman said that he assumes it is to monitor how much water is being lost. The department regulates and operates its own gauge, in conjunction with other measuring devices on the canals. Jacque Talbert will submit written testimony. Greg and Sue Vernon did not respond when called. Trace Tipton said he has worked in agriculture and horticulture all his life. He understands this is a canal and not a river. Conserving water is important, but he does not support this project. Usually it means a buried pipe, but this is both canal piping and a hydro project, requiring a large industrial type structure. These types of structures could be built with no oversight. He does not think this should be an outright use; this shuts the public out of the process. Phase I is a massive structure with barbed wire, and piles of trash that end up on private property. There is already a lack of maintenance by COID. They vegetated with native plants but this needs improvement. They said Phase I is like the rest of the area, and it may be done better for Phase II. Past performance may be an indicator of the future. This amendment will allow all kinds of things without oversight. This area is not that rural, with the City limits nearby. There are many miles of canal that can be piped with no approvals needed. Outright use is not appropriate. He asked the Board to join with the Planning Commission to deny this request. A conditional use permit is more appropriate. Minutes of a Public Hearing—Application by COD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 12 of 25 Jeff Hatch said that everyone wants to conserve water. Money is an important thing for all and a resource. He said 1.6 cubic feet per second is like five people with garden hoses. At $27 million, that's a lot of money. Other parts of the canals are not in someone's back yard, and he thinks they could save a lot more doing this work elsewhere. They are squandering funds. Martin Richards, Chair of North Unit Irrigation District and a farmer in Jefferson County, said the North Unit is a junior water rights holder, and this is an important project to them. He encouraged the Board to approve the text amendment as it is vital to the water supply in the Crooked River. A lot of agencies felt this is the river that needs the most help. Juniper Ridge is part of the stream flow initiative, the largest in Oregon history. Up to 220 CFS will be restored upstream of Smith Rock. All agencies support this, including Governor Kitzhaber. It needs to proceed to benefit both farmers and the environment. Pat Kliewer said she has a science degree, her husband worked for the canal district, and her son works for the Nature Conservancy. She is a fan of piping but things are not what they seem. She heard that 2% of the water from this project would go to the river, but 40% is lost to leakage. She wanted to know where the rest is going. She found the Bureau of Reclamation report that says the project will restore upstream flow and is allocated to the North Unit to reduce demand from the Crooked River. The North Unit does not operate any hydro but are assessing three. They also receive spills from the COID lateral. Funding comes from the DEQ and the Bureau of Reclamation. She got a copy of the grant request from COID. The DEQ will not give out money unless the project is approved through local land use law. They need County approval. She thought the water would go to the Deschutes. Maybe this is a good thing, but she objects to why this is not in the application. Minutes of a Public Hearing—Application by COD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday, July 2, 2014 Page 13 of 25 Chair Baney asked that Ms. Kliewer wrap up her comments due to time. Ms. Kliewer said she wanted to speak a lot more on this and has quite a bit of facts to share, but will submit the rest in writing. Suzanne Butterfield, Manager of Swalley Irrigation District, said she is in favor of the project. She spoke from the perspective of a manager of a small district that took on a big project itself She is also involved with several other basin work groups. They got a $1.5 million grant to do a comprehensive basin study. She said many homeowners living along the canals do not share the same goal. The basic concept is to deliver water efficiently. Buried pipes are sustainable for the long term, while canals are not. More than anyone, the irrigation districts are being expected to make changes and provide more water back to the rivers. It is a catch-22 to be pressured to give up legal water rights and not be able to use efficient means of delivery. Water users pay all of the costs and assume all the risks that provide significant societal benefits. She wanted to dispel the urban legend that hydro plants are the goose that laid the golden egg. Patrons assume all the risk and these are difficult projects. They have not had to cancel any in-stream leases. Thomas Casey stated he lives on the canal. He read a letter that he sent in earlier today. He spoke about a failure to communicate and treacherously simple language in the amendment. There are many definitions of the word piping. The zoning code is dangerously vague and needs categories of scale. It needs a better definition to be more specific and more regulated. Otherwise the consequences could be immense. They have been trying to attempt this quietly. They need enough water to operate, and it was a calculated risk based on bad planning or another agenda. He assumes if future plans were used, a hydro plant might have been handled differently. They would remove a robust waterway and replace it with dirt. The applicant claims no trails would be developed without permission. He thinks this is naïve. As soon as this is done, there would be a de facto hiking and biking trail without permission. He suggested a parallel project that would help the wildlife there. Minutes of a Public Hearing—Application by COD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 14 of 25 This is a sensitive environment and they need to think outside the box. There must be a legitimate way to meet the needs of both. There needs to be more community involvement and partnership. Sheryl Mott said she bought in Canal View Estates. The Assessor came out when she asked why her house was valued at more than the one across the street. She was told hers is worth $45,000 more, and she attributes this to being on the canal. She thanked the Planning Department and Planning Commission for their patience. She wants to ferret out the truth, which is a ton of work, and not bypass public involvement. She was a property manager and knows about attractive nuisances bringing people to a location. There would be dirt paths, off-road bikes and others, and wants to know who will police them, and who has the liability. They need to think about the future of the canals. Shawn Gerdes, the Manager of Arnold Irrigation District, said he has been with the District for 20 years. The Districts were given rights of way by the federal government to bring people to this area. His grandparents came here over 100 years ago. Without the canals, most people would not be here today. The Districts are trying to move into the 21St century to support the lifestyle of the people here. They are talking about conservation of water in the desert, putting water into the rivers, benefiting recreation and habitat and the health of the rivers. This also achieves other objectives such as public safety and preventing canal breaches. This would help to save fuel and lessen the dust from ditch riders. The canals are checked twice a day, but there is still no guarantee that an open canal will not breach. Districts are working hard to bring the outdated canals up to date. Otherwise there is less pasture for livestock or water for growing hay, or biking or other activities along the rivers. Piping benefits all residents and visitors. Minutes of a Public Hearing—Application by COID for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday, July 2, 2014 Page 15 of 25 Mike Daly, a former County Commissioner, now retired, owns five acres north of Redmond and is a COID user. He depends on this water. Without it, he would have to buy hay for livestock. He said he is glad to be here to hear both sides. He feels strongly about water rights. He is watching California dry up, with farms going away. Global warming is a reality and everyone needs to prepare for it. Piping canals is one way to help conserve water. He feels sorry for the affected property owners, but it will happen someday anyway. They need to conserve all they can, since thousands of people would be impacted. Mike Kasberger stated he was raised on a local hay farm in Crook County, and is general manager of Ochoco Irrigation District. He supports this project, and has provided his position in letters. This would benefit agriculture and the environment. They have worked hard to pipe laterals to conserve water, as piping is one of the most efficient and cost-effective ways to do it. This results in permanent restoration. Some of this water will go to North Unit so they can reduce reliance on Crooked River water; this means more water in stream for salmon and recreation. He encouraged the Board to support this. Robert Rector said he has lived in Bend nine years. (He provided a presentation.) He stated that COID is supposed to keep the canal areas free of noxious weeds and debris, and hasn't. During a tour of the canal, he observed the intake structure of the hydro facility in Juniper Ridge I, a proposed replication of what they will put in Phase II, per the Black Rock plans. He pointed out the relative proximity to his property. There will be an additional dirt berm to increase the head of water through the pipe to generate more power. He was told by the previous manager that there are no permitted hydro uses in the City. This will have an adverse effect on the flow of water and will reduce property values. The burden will be borne by the property owners when their landscaping and irrigation systems are covered up. He referred to an aerial view of the area and slides of the construction site for Phase I. He stated that this does not belong in a residential zone, in close proximity to homes. This would deny these residents the right to have any say in land use decisions that affect them and their property values. Minutes of a Public Hearing—Application by COLD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 16 of 25 Former Governor Barbara Roberts said in 1992 that citizen involvement is a cornerstone of land use in Oregon. People need to have the right to be involved. The Board would not just be voting on whether they have a right to pipe; the Board would be preventing the residents from being involved. Del Swan has lived at his property for 21 years. He opposes this action as not being consistent with statewide goals. The first is citizen involvement, and he thinks that approving this takes away his rights to be involved. The applicant has demonstrated a complete disrespect for his rights and property. COID excavated while he was gone, and he was never notified. He went to the COID office and spoke informally about the 50-foot long concrete gauging station. At the site, they told him they could do whatever they wanted. (He read a statement at this time.) Ken Reick said he has been with Tumalo Irrigation District for 23 years. Tumalo Irrigation, with the help of others, piped about seven of thirteen miles. Piping is better than having the canal open or lined, which delivers only about 50% to farmers. Before this, they would have to shut Tumalo Creek off entirely, and the river between Bend and Tumalo was often very dry. Today they can deliver to almost all users, and Tumalo Creek has 10 cfs's or more, and 160 below Bend due to piping. They can't do hydro plants due to the physical characteristics, and it is hard to collect money from supporters. They improved efficiency with 8 to 10 times faster delivery, and have been able to add in-stream water. They partnered with Bend Park & Recreation and Deschutes County on the Deschutes River Trail on top of the pipeline, in partnership with property owners. The main drawback is the cost of piping. It takes a lot of political will and a community getting together for the good of all. Farmers have sacrificed. He asked the Board to approve this. Bud Munson said he owns property in Phase III. There seems to be a complete dismissal of this phase. He owned in Phase I before. He has not been able to get any information from COID on any of the phases. The whole process with COID is disingenuous, threatening and not civil to neighbors. They have completely dismissed the democratic process. Minutes of a Public Hearing—Application by COD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 17 of 25 He understands the value of piping and water. They need more head for the hydro plant. Otherwise, there are 450 miles in the system, so why focus on this small area. This is thoughtless and distressing, and he is frustrated that they will generate money, and this is the reason why. Mark Thalacker, Manager for Three Sisters Irrigation District, is also a farmer in Lower Bridge. He serves on organizations including Family Farm. Three Sisters Irrigation is unique. For 110 years, they dealt with a dried-up Whychus Creek. They have since managed to pipe 45 of 60 canal miles and plan to pipe the rest. The result is miraculous. The stream was completely dry but now is at the recommended stream flow. The Camp Polk area will be the same. Farmers receive 25% more now. They hope to pressurize to 100% and generate hydro power. It will become one of the greenest places in the country. The whole reason to create hydro power is to get rid of coal generation. This is something that needs to be supported. This is a big deal. In-conduit hydro means a small carbon footprint. Farmers are also generating an additional $2 million locally. The sustainable commercial farmer benefits from this, and soon they will see fish runs through Sisters, which has not been seen since 1887. Justin Moravetz stated he owns property in Phase III. He has not heard much on this. Bend is growing and he supports the conservation of water. They also need to save what makes Bend special. But they need to save their right to have a voice. There are reasons they have a right to pipe on most land. This is a small amount of land, and they could pipe all the rest. Businesses along the canals utilize this for the beauty of Bend. Joggers love what they see, and a lot of habitat uses the canals. They would have to fill in with other water features. They have been offered no compensation for lost property values. If this goes through, he is not sure what will happen in Phase III, but he wants to be sure he has a voice. Bruce Bischof, a member of the Deschutes River Conservancy and legal counsel for North Unit Irrigation District and Deschutes County, said he had a few observations to share. He has spent 40 years on the Upper Deschutes and has seen a major decline in the health of the river. Minutes of a Public Hearing—Application by COD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 18 of 25 The dam installed in 1949 set a minimum flow which is not sufficient. The 29 cfs need to increase to 300 cfs. The Deschutes River Conservancy and other groups are working to help the river. They want to avoid fish kills, and work in collaboration with special interests, irrigators, farmers and conservationists. There is a message there. He does no work for COID but believes their board and those of the North Unit have a very strong commitment to the river. There is no reason to think they are simply driven by money. Paul Dewey of Central Oregon Landwatch said a major mission of theirs is the health of the rivers. He was in federal district court regarding Tumalo Creek versus the City of Bend. His group wants to see better flows. However, he opposes this proposal because of the issue of fairness and the public process. If something is an outright and not a conditional use, people cannot address the government. It is hard to get people to hearings. Once engaged, the goal post rule is that you can't change the goal posts. There is a LUBA ruling but there could be a text amendment allowing an outright use. Does government want to hear from the public? A conditional use permit is not a `no' to piping,just a different process with more opportunity for public involvement. This is not something to be avoided. Herb Blank spoke on behalf of the Deschutes Chapter of Trout Unlimited. He urged the Board to approve this. They can return 8 cfs to the rivers and benefit fish habitat, and help to avoid stranded fish issues. This would add 6.4 cfs's to the Crooked River, which is not a small thing. Some of this would be in the Smith Rock area, which is now deadly for native fish. He has seen the positive impacts of flow restoration. It means real water and fishable water. He is a retired engineer who worked on water projects, and is glad to see this. Trout Unlimited supports this effort. Minutes of a Public Hearing—Application by COD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 19 of 25 Aleta Warren stated she traced back deeds involving COID after she asked them for copies of agreements and they said they did not have them. She went to the County and they did not have them, either. She provided a packet of information, and the second section has quotes from the documents. Goal 1 of the State is that both the cities and counties are required to have citizen committees working with citizens, but she was never contacted by anyone to help with funding and procedural work. She has a real problem with the City and County. Juniper Ridge I involved money that COID got, and the City worked with COID and the City paid $280,000 to COID to bury the pipe on Juniper Ridge land. She said she would not go into what COID has done to her personally. Within the past two weeks she was approached by the opposition and volunteered to build a solar powered water feature in her yard. COID got all of the agencies together on County property, gave them lunch, but never met with her or her group. Employees have been told not to speak on this issue. People cannot speak up or they may lose their jobs. There needs to be a conditional use for hydro plants. She wants to see their plans, which are always changing. They don't know where they stand. They will take their easement plus 50 feet, or 2/5 of her property, and won't pay her for it. The area is 100% basalt rock, so they will need to blast. They caused damage to one home 600 feet away, and all the other homes are closer than that. Rex Barber did not respond when called. Zachary Tillman is project manager for the Deschutes River Conservancy, for 12 years. He coordinates administrative aspects with irrigation districts. He is an Oregon native and is proud of the natural heritage and pioneering spirit here. Laws encourage efficient use of water in the state. This is the first state to recognize preservation efforts and in-stream as a beneficial use. This is unique in the U.S. They reward improvements and efficiency, and this effort resulted in over 130 cfs being protected. They have piped only 7% of the canals. Progress is rare but not unheard of in the West. This area has worldwide leaders in water management. Minutes of a Public Hearing—Application by COLD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 20 of 25 A lot of water is lost to porous lava. The only viable long-range solution is this kind of conservation. It would provide critical benefits without impacting farmers. Hydro projects allow for cost sharing. These projects need to be protected, and federal court upheld these rights over ten years ago. There is strong confidence and broad constituencies, and it is the right thing for water management. Ron Ochs did not respond when called. Ed Criss said he is on the Planning Commission, on the south County seat. He said there are a lot of heavy hitters speaking who did not show up for the Planning Commission hearing, and he wonders if they felt that was not worth their time. He said he also wonders why he volunteers for this when they feel they don't have to participate. There is a question as to whether he will stay on the Planning Commission. He thinks Goal 1 is the most important. The Planning Commission needs to be allowed to do its due diligence. They went from transformation thinking about water conservancy to piping canals on a large scale. He is not talking about that. They are talking about this in an RS- 2.5 zone, the extension of a hydro plant into a residential area. He is not hearing much about energy production, but that is what this is about. LUBA said Phase I has to do with hydro. The others are the same. Landowners have a considerable problem, but COID could conserve more water elsewhere. He feels this situation is ludicrous. Tom Evans of Powell Butte has farmed for 15 years, and his family has been patrons of COID for 38 years. He supports the project. He has lived with broken canals and accidents, and feels going underground is superior. The COID board consists of people like him who have the good of the patrons in mind. He urged approval. Minutes of a Public Hearing—Application by COD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 21 of 25 Mac Gadow stated he purchased in Overtree in 2005. He has only about 12 to 16 feet from his pond to the canal. The canal raised the level by about eight feet. He is not sure how this could go forward without his approval. There was not a ditch rider before. COID people are not easy to work with. They threatened to put up signs and said they will do what they want. He is unable to sell his property. If COID was that concerned about water, they could go to the other 200 miles of canal. The Planning Commission said this is the worst spot to pick this battle. There needs to be a conditional use permit process. The way it is being done is not fair. Bill Hopp, attorney for Tumalo Irrigation District since the 1980's, said he was instrumental in their piping projects. They did the Bend feed canal first, and a major consideration was the urban area in town. It is important for a number of reasons, including public safety. Lining increases the risk to the public and wildlife. This is recognized as a danger to the public, especially in urban areas. Many people are unaware at how they function. Tumalo Irrigation supports this piping project to reduce the risk to the public. The people along the Bend feed canal like it being piped. (He submitted a letter from one of the residents, Dr. Tripp, who supports this.) The Deschutes River trail is there now, built over the canal. This added value to the properties. A fenced canal that is dry half of the year is a negative. Leaving it like it is would be the death of piping. It is hard to get grants that way; and with appeals, the money will be gone. April Snell of the Oregon Water Resources Congress stated she drove three hours to speak today. The members are local government entities, irrigation districts and others. The members irrigate about 1/3 of all irrigated land in Oregon. The value of irrigated agriculture is millions of dollars. This benefits the local area, the state, the nation and the world. She is sorry for the pain of the property owners, and does not envy having to make this decision. The Board needs to weigh the benefits for the common good. Districts are piping all over the state, and there are many reasons for this. Minutes of a Public Hearing—Application by COID for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 22 of 25 This gives opportunities for patrons and communities. The water smart program and DEQ revolving fund have conditions to be met to give out grants. There must be water efficiencies and progress. She supports this to provide certainty to all. A conditional use is just that. She is sorry the landowners were not made aware that there could be a pipeline there someday. She hopes Bend can continue to make improvements. The problem is much bigger than land use and the concerns of property owners. There are federal issues in play that could make some of this happen regardless of what happens at the local level. Water quality rules may require that open canals be piped to provide clean, safe water. It is important for local districts to be able to steward the water. The Deschutes Basin collaborative is being watched by many others as a shining example of what can happen. They need to heal these wounds and move on. Jim Powell is a member of the Planning Commission but is speaking only for himself. He does not think this project is a prudent idea. There is nothing in the wording that ties it to any of the goals. Those are usually conditions under a conditional use permit and part of the application. The amendment essentially quiets the voices that should be important. His next comments are more directed to the Deschutes Water Alliance. He has the impression that they think water issues are considered to be too complex and unpredictable to share with the larger public. This needs to be seen as important to the larger public, but they have been left out. The river study should be an invitation is to start a larger conversation. Including the public allows for the tools in place today. They need to incentivize the in-stream part, but don't forget the public in the process. Roger Lee works for EDCO, but also is a property owner on the canal. The fourbay would go behind his house. He is being asked to act on public good versus the land use portion from LUBA. They have individual property rights and no one should be able to take them away. They know piping could be a reality, but it would be an eyesore. Placement of the structure would be excluded from the process. Minutes of a Public Hearing—Application by COID for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 23 of 25 They have to maintain their property and pay taxes, and maybe insure the canal structure. He has no say in this, and there is no free pass when they don't even own it. He understands the reasons, but the Planning Commission considered all of this and he encourages the Board to do the same. Jerusha White, property owner in the development, stated that his house has a deck overhanging the water. She wants her rights heard as well. She is discouraged and upset with the process, and many proponents did not show up at the Planning Commission meetings. They talk about water conservation and the fish, but it is about hydro power. Homeowners are okay with piping farther out. This project will result in her home value going down. Ms. Dickson never mentioned the hydro part. Teresa Hansen did the title examination, and was paid by COID, to find they have the right. Ms. White wanted to know how she found the documents. The City Council seems to support this. She thinks it is all smoke and mirrors, with the COID website changing as they go along. Pat Whitehurst said she was born here, and is 67 years old, living on the canal for 66 of those years. She takes exception to this issue. She has no water, but has had the property for years, paying for piping but has no water. She has been lied to year after year. There is no respect for women from COID and they have no rapport with her. She invited COID to pay half her taxes. Robert Stenkamp stated he was born here in the 1950's. He lives on Pilot Butte canal and has dealt with COID for years. He feels they used to be fairly honest, but he was never contacted about this and did not know. Whole thing is for water pressure to run the turbine. The property owners have no rights. It is not fair to them and can't be allowed to happen. No further testimony was offered. The Board indicated the record would be left open for written testimony. The oral portion was closed. Minutes of a Public Hearing—Application by COLD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 24 of 25 Chair Baney said there is a lot of information that is well beyond the scope of what the Board can do, as they have limited decision-making options. Commissioner DeBone stated that Phase III has been mentioned and he wants to know more about it. He was advised that this portion is within the City limits. Ms. Craghead said this is a legislative issue, so any information can be provided to the Board during the timeframe. Written testimony and other information can be submitted up to 5 p.m. There will likely be a work session after that, and then a date will be set for deliberations and a decision. Being no further business to address, the hearing adjourned at 10:30 p.m. DATED this Day of Gc/� 2014 for the Deschutes County Board of Commissio er o 00/7_) ,w1.0. 6,/,) Tammy B ney, Chair ddi Anthony DeBone, Vice Chair aeiblt. Ctarr____ ATTEST: 6014A4-:Wt/(- Alan Unger, Commissioner Recording Secretary Minutes of a Public Hearing—Application by COD for a Text Amendment relating to the Operation, Maintenance and Piping of Canals Wednesday,July 2, 2014 Page 25 of 25 JULY 2, 2014 COID HEARING TESTIMONY LIST Speaker Written # 1 Speaker Name(s) Representing Submittal Notes 1 Liz Dickson Attorney for Applicant yes 2 Teresa Hansen Title Co. no 3 Kevin Crew Black Rock Consulting yes 4 'Craig Horrell COID General Manager no 5 Marc Capell City of Bend Councilor no 6 Betty Roppe Prineville Mayor previous in the record Confederated Tribes of Warm 7 Bobby Brunoe Springs previous in the record 8 Tod Heisler Deschutes River Conservancy previous in the record 9 Dave Newton Newton Engineering yes 10 Tom Hignell citizen yes 11 Jim Curl citizen yes for Bruce White 12 Bruce White attorney for resident yes presented by Jim Curl 13 I Mike Knowle citizen no 14 (Jeff Perreault citizen yes 15 Deane Funk PGE yes 16 Kyle Gorman Water Resources Dept. yes also in the record 17 (Jacque Talbert citizen no 17A Greg&Sue Vernon citizens yes i 18 (Trace Tipton citizen yes 19 1Jeff Hatch citizen no 20 (Martin Richards N. Unit Irrigation Dist. yes 21 Pat Kliewer citizen yes 22 Suzanne Butterfield Swalley Irrigation Dist. yes 23 Thomas Casey citizen yes 24 Sheryl Mott citizen no 25 Shawn Gerdes Arnold Irrigation Dist. yes 26 I Mike Daly citizen no 27 Mike Kasberger Ochoco Irrigation Dist. yes 28 Robert Rector citizen yes 29 t Del Swan citizen yes 30 Ken Reick Tumalo Irrigation Dist. yes 30A Bud Munson citizen yes 31 Marc Thalacker 3 Sisters Irrigation Dist. previous in the record 32 Justin Moravetz citizen no 33 Bruce Bischof fly fishing guide no 34 Paul Dewey attorney no 35 Herb Blank Trout Unlimited yes 36 Aleta Warren citizen yes 37 Rex Barber citizen no Page 1 of 2 JULY 2, 2014 COID HEARING TESTIMONY LIST Speaker ', Written # Speaker Name(s) Representing Submittal Notes 38 Zach Tillman Deschutes River Conservancy previous in the record 39 Ron Ochs citizen no 40 James Ed Criss citizen no 41 Tom Evans citizen yes 42 Matt Gadow citizen yes submitted a letter from 43 Bill Hopp citizen yes Michael Tripp 44 April Snell OR Water Resources Congress no 45 'Jim Powell citizen no 46 1 Roger Lee citizen yes 47 Jerusha White citizen no 48 Pat Whitehurst citizen no 49 Robert Stenkamp citizen no Written submittals only 50 Dan Keppen Family Farm Alliance yes 51 I Gary Eder citizen yes 52 I Mark Malott C.O. 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Address ' 7 C Y- 5- 4 'e(2'; e?r- gD 4 dig 9777/ Phone #s .'—iii— 71- e7 Zil - I2a- O 2 y E-mail address 20,17// 711 7-7:74e)- 7' r z s��', In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary or th record. rL 0-1-ES 7 CO C .)1 q� 01{ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name 1"1'31 C c.-{ I qi 1 (�j Y.& �v Address Phone #s E-mail address In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes l No If so, please give a copy to the Recording Secretary for the record. J-res 5 /3 <, A' BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name t k, t7 0 )-( Address Phone #s E-mail address In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes No If so,please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name Q Address 26)Y? V Phone#s E-mail address ,-(, � C �/ ' rs'il In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes I No If so,please give a copy to the Recording Secretary for the record. ATE$ C I '~ <=L Ni4c BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK 7 Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name T C, Lc, k U T c /(c) Q ,� Address L 3 9 77 o Phone#s 1 3 a (/Q E-mail address In Favor Neutral/Undecided Ia Opposed Submitting written documents as part of testimony? Yes ' „o If so,please give a copy to the Recording Secretary for the record. tyr ES c4 a/, ;' BOARD OF COMMISSIONERS' MEETING I A REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name � � Address (g33)<K' 3 3 c Ci(J to nn ck Phone #s 5L-1 i Z b E-mail address €(e . V e V'10►r► 0 A v In Favor Neutral/Undecided I V, Opposed Submitting written documents as part of testimony? Yes No If so,please give a copy to the Recording Secretary for the record. per ,"{ BOARD OF COMMISSIONERS' MEETING Tr -- REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name J,^Q C ( Address -/6 D 4 7,13 41-1-7 7 Phone#s 5 '( X1/2 c N E-mail address /T Frvybt� l �q In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony?. " Yes No If so, please give a copy to the Recording Secretary for the record. JTES Q 4,70 01/e { BOARD OF COMMISSIONERS' MEETING /7 REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014. Name :i;r1:. (44,V Address 6 q D it ec ree Q--)1 Phone#s E-mail address • . r . - In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes No If so,please give a copy to the Recording Secretary for the record. 01'E- G roe ti - , ,11'{ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name euae, Address 674'/6 ,.SUi,rid je 44") ve "EPr,), 4 4 97 70 _. Phone #s 6-30 (a/ 7 0,70C E-mail address ,4/ / co)- In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes I°'i No If so, please give a copy to the Recording Secretary for the record. RTES a� ►, �< BOARD OF COMMISSIONERS' MEETING t- '7 REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 212014 Name E . c Address ( 1.F2 S a A • IX-14o Phone #s J —(- tit' E-mail address L'Oft1( £ bQ1X1&L 60w, In Favor J Neutral/Undecided Opposed Submitting written documents as part of testimony? - Yes 21 No If so, please give a copy to the Recording Secretary for the record. ,y Y BOARD OF COMMISSIONERS' MEETING ` !^ REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 /1/]°/VD Name . y 1 604! �-Address Phone#s E-mail address r1 In Favor Neutral/Undecided posed Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. 8roG *;\ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK 0 Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name /Y1 j/.( - 17,t I it Address 5—1 N15, u a I,v tt f ficD t i,0 .e.- ._ A ' 0 / 9775 7 Phone #s 5'//- 9-)1,7-- 757/ E-mail address t2, C € p , co in 51 In Favor f Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes Z No If so, please give a copy to the Recording Secretary for the record. v- -sQ , O tip t�p G et; { BOARD OF COMMISSIONERS' MEETING a-k ------ --_'— REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to eration, Maintenance and Piping of Canals Date: July 2, 2014 Name o�� R i_ cic) d`',1 p _ , Address 3 �'° RI C A /0 Phone#s E-mail address In Favor ! Neutral/Undecided Opposed - Submitting written documents as part of testimony? 'Yes I - No If so, please give a copy to the Recording Secretary for the record. 0Es • o . G are2 BOARD OF COMMISSIONERS' MEETING 7 REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name 1 —cu..) a Address 3 9 s Cv &X' to Q Z °L c1 ,J` l 0 1'`77 d I Phone As `�1 1 -- ! ° 9 1-1-" E-mail address a e__l n►,.._ x- S 1,.3 avr, 0 1 . C o___ Igi.. In Favor Li Neutral/Undecided Opposed Submitting written documents as part of testimony?'NE Yes No If so, please give a copy to the Recording Secretary for the record. I ,,YE.sc 3d . ,{ BOARD OF COMMISSIONERS' MEETING -.,- REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance_and Piping of Canals Date: July 2, 2014 Name /5 U SJ 2- Address 7 J r c— iSy i r1 �,,/2 / 4-4.1 a Phone #s_4//,_. c) 7 / E-mail address 4„7,rr S n e / Pr7.�./4 ry q r1,Z n[i i r -170 _ In Favor I 1 NeutralfUndecided 7 Opposed Submitting written documents as part of testimony? Yes Na If so, please give a copy to the Recording Secretary or the record. Jima �0-res eQ 6C144c { BOARD OF COMMISSIONERS' MEETING 3 2 REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintena ce and Piping of Canals Date: July 2, 2014 Name i � L��ft z) ro ✓ °-! -- Address G "t/�'r� ..1.34 ' �� / � 2 Phone #s E-mail address ` ; ,., _ Vilt c f c' ✓ 611 t c— , t al In Favor Neutral/Undecided R Opposed Submitting written documents as part of testimony? 7 Yes I . 1 No If so, please give a copy to the Recording Secretary for the record. � 9 c_ iti ;,4 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name P v L k'E (74" .G� 6)Ai, 0 La..24 u �r Address 60 U, goad 5-t a 0'2 ?1 ?a 2 Phone#s - E-mail address ed.s 4--td�a&l<, <4 At In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes 71 No If so,please give a copy to the Recording Secretary for the record. �oYES Q ° 4.4.' O` ti 4:(' BOARD OF COMMISSIONERS' MEETING 3 ~ " REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name 4 le 4 4 •try Address (_ '3 S , 0 y--tai, *\"re._ Phone#s 'L\ \ -3 15--°1 - Z \ 2 E-mail address ....In Favor Neutral/Undecided. Opposed Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. I `'T s �4 3 7 If 7 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name h ON 0 Ac Address /0 4 G 27 1 N./ /1 W/ 7 7 . Nac4-4: 0 k'' Phone#s s Y 1 177 7r O ), 7 E-mail address gUA( C" It c e, /"a i c - c 0 -N` Z. In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. BOARD OF COMMISSIONERS' MEETING i`o �-' REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name C' Ct rye e S _ n Ck Address S3 yl E., sa(4.� q ?7.” Phone #s S`// - - a/0 2 2 E-mail address V llci-t-‘r,00cS ! ►f.-, In Favor Neutral/Undecided MVOpposed Submitting written documents as part of testimony? Yes 02C-o If so,please give a copy to the Recording Secretary for the record. • I/14 4? BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name 40,./ Address 63 (4 3 4v eA et ■ (; ec,.. o q -7701 Phone #sal �"I ( o 6 6 ?9 E-mail address V\ • r 9 NA • 0 In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? -Yes - No g P If so, please give a copy to the Recording Secretary for the record. sfrr.� OG cid` Efi4 0t, BOARD OF COMMISSIONERS' MEETING �!r REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name --cL74 Address ,.€*o 1 d.e.,4,---A/rie,V d•e-- Phone #s E-mail address P -x/4/, .ite In Favor Neutral/Undecided k Opposed Submitting written documents as part of testimony? L-"I Yes x No If so, please give a copy to the Recording Secretary for the record. eo ge'ec 01;${ BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name R► L e c Address Q Y'75- SC-U 012• PeJ 0(2- ')l ?o/ Phone #s 5`z//_ 3 /0- i ey E-mail address rocj r- ac/cc pM < <cry✓► In Favor Neutral/Undecided ( Opposed Submitting written documents as part of testimony? Yes I No If so, please give a copy to the Recording Secretary for the record. vices c� �0 -� C (t1 a 0,41 BOARD OF COMMISSIONERS' MEETING `. REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Operation, Maintenance and Piping of Canals Date: July 2, 2014 Name 3 rut ll a &//, L i / e_. Address &a_ 'q 7 _gdy e ' 0-'Ld X770 / Phone #s Sci I — 6 3 cv- 9s E-mail address do-A4-4'3 . (7--'''15-5 € gwI /- C6/F-3 In Favor Neutral/Undecided K.Opposed Submitting written documents as part of testimony? Yes 0-No If so, please give a copy to the Recording Secretary for the record. jc -se A� I BOARD OF COMMISSIONERS' MEETING ea REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relatin. : Operation;Maintenance an4 Piping of Canals Date: July 2, 2014 Name 4x,11,1 I �" V 0/ A Address 1 AO M )112-7/ cno ol-S � - / ,,, ,..),Phone #s ` �� 1r E-mail address 7 { hi alp Lt f-xl 4 o6Y-7 acs. it food _._,2 In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? --- Yes -No �� If so, please give a copy to the Recording Secretary for the record. w ? BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Subject: Central Oregon Irrigation District Application for a Text Amendment relating to Oper tion, Maintenance and Piping of Canals Date: July 2, 2014 Name f? - J" \--fon Address 3 ,l Atilt &A) r / Phone#s 5 Li/ V 7 E-mail address In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes No If so, please give a copy to the Recording Secretary for the record. 1 1 CENTRAL OREGON A MUNICIPAL CORPORATION OF THE STATE OF OREGON 1P- +Central Oregon Irrigation District p, ,;,w w»µ .w ',;s"ti`m,m+,,, y'c W*,.,„v, ,,,..,„,w,w, ,awe:^, ,:,^ a«, ,. r,„,,�1: °'ti t.a >... J 1055 SW Lake Court, Redmond, OR 97756 IRRIGATIONDITRICT Phone: 541.548.6047 • Fax: 541.548.0243 • www.coid.org Central Oregon Irrigation District (COID), and the water it provides, has helped grow the farms and towns of the Deschutes Basin over the last century. Today, the District responsibly manages our water system to provide life- sustaining water to over 3.600 farm and ranch families, and to local parks and schools. Because water supplies in the Deschutes Basin are limited. COID works closely with local, state and federal agencies, conservation groups and others to "stretch” our water supplies to help meet the growing needs of this region's cities and the environment. The District's Juniper Ridge Project is a good example of a constructive project that will meet these community goals. I t °; ,+: , :* " , •' Prof The Juniper Ridge Project is a carefully planned water conservation project that will result in the piping of three contiguous sections of COID's Pilot Butte Canal, estimated at 4 miles. These segments are some of the leakiest in COID's system. Piping them will capture water supplies lost through our older canals. In some sections, the seepage loss is as high as 40%. In 2012, COID completed Phase I of the project. piping 2.5 miles of canal and constructing a small hydropower facility to capture the water's power. This phase cost $275 million, including $2.6 million of COID funds. This investment will be paid off in 2030 from hydropower proceeds. •Stretching our supply. Phase I captures 19.6 cubic feet per second (cfs) of water annually during the irrigation season. Central Oregon's water supplies are finite, but the piped canal enables us to save water lost to leakage and evaporation, and stretch fixed supplies of water to meet growing needs of cities and fish and wildlife, while continuing to supply farms. • Preserving the Deschutes River. Juniper Ridge Phase I is a commitment to a healthy, vibrant Deschutes River. Every 10,E p It it year, the project returns 19.6 cfs of water to the Deschutes $' River for benefit of listed bull trout and steelhead, salmon, and I' improved flows for recreation. • Creating renewable, local energy. Juniper Ridge generates up to 3.3 megawatts of clean, renewable energy right here in Deschutes County. This is enough energy to a,, BEND power up 3,300 homes and it does so without transmission N loss, because it's used right here. , "I ' ,i),,,c/. „.„ Ili The second section of COID's open canal to be piped is shown in this map. Document Reproduces Poorly (Archived) The Juniper Ridge Project - Phase II COID is now developing the second phase of this nationally recognized project. In Phase II, the District will pipe the next 4.500 feet of the Pilot Butte Canal adjacent to the section piped in Phase I. This phase will enable COLD to permanently return an additional 7.95 cfs of water to the Deschutes and Crooked Rivers. These increased flows will benefit fish and wildlife, and all of us who enjoy the Deschutes River. COID patrons will also benefit from a modern, efficient system of water delivery to our farming community. L ..M Mtn we 1 ur' It In 1 2 1Y ra .e �,`r The Juniper Ridge Project is one part of COID's commitment to work toward a sustainable water supply for Central Oregon. It will also support our work to meet the needs of fish and wildlife, including species that are threatened. The District is fortunate to have the support of many other interests and organizations on this project, and on several others we are working on in the basin. Some of our partners include the following: •Deschutes Water Alliance •Three Sisters,Tumalo,Arnold, •Bend La Pine School District and •Deschutes River Conservancy Swalley, North Unit, and Ochoco Redmond School District •Upper Deschutes Watershed Council Irrigation Districts •Bend Metro Parks and Recreation •Trout Unlimited •Cities of Bend, Redmond, Prineville, District and Sisters •Oregon Departments of DEQ, OWRD, °WEB, ODFW.and ODOE Next Steps This summer. the Deschutes County Board of Commissioners will hold a public hearing on whether to change one of its codes to allow COID to complete Juniper Ridge Phase II. The District has asked the County for approval to pipe our canals in the Suburban Residential 2.5 zone just as it does in the other 18 county zones with canals. Unfortunately. some homeowners oppose this plan. They feel COID's open canal benefits their home values, and want the District to leave our older, open canals as they are now. Other homeowners have asked the District to excavate the canal bed to allow the pipe to rest lower in the ground, reducing or eliminating the need for a berm, and COID has agreed. The District will continue to work with Deschutes County and others to ensure this project is approved, and will benefit all of Central Oregon for the next century and beyond. tf you rouid like to leatrn.rliWe about tlie Juniper .Ridge Project, visit www.COID.org contact Jenny Hartee1140 at (540 448,6047. ? 48 7 June 2.2014 Document Reproduces Poorly (Archived) gm El 4 Document Reproduces Poorly (Archived) -II "Mw •A • i a • L 1 N 4 ■ • • t. ii! I' I. ' W .1.W :. �: r a a� a. v w w ";' W (�UJ r Yr , ii • DCL • ass Q re i$ r Document Reproduces Poorly (Archived) +. . .:: .~ , .' ) li" %It 1, i u 4 F 1` '4.5 _ 1 O To l--4 .x l ,� 7 : s C CA W H .. ©o �b �, 161 " V 0 ki rig r. 6J d �..� d4 = o u" ��� CI 01 U la Cry a .; 1/1 �► W w to it LE z �A� �; W w0. 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Christopher D.Hatfield Elizabeth A.Dickson ATTORNEYS Al• ' LAW Gary R.Johnson Ryan P.Correa 747 SW Mill View Way Robert A.Stout Bend OR 97702 Alan N.Stewart Phone 541.317.5505 Linda A.Ratcliffe Fax 541.317.5507 -re.com Matthew Singer www.hurley-re.com Of Counsel Ken Katzaroff Law Clerk James V.Hurley (1934-2012) June 20,2014 Nick Lelack via email only to Paul Blikstad Nick_Lelack@co.deschutes.or.us Community Development Department paulb@co.deschutes.or.us Deschutes County .. 117 NW Lafayette Ave. Bend,OR. 97701 41°14 Re: COlD Application TA 13-4 before the Board of C issioners in public hearing 7/2/14 Dear Nick and Paul, Our offices serve as general counsel for Central Oregon Irrigation District("COID"),applicant in the above- referenced matter. On their behalf,we offer the following list of benefits associated with our request to allow irrigation district operations,maintenance,and piping as an outright use in the Suburban Residential 2.5 acre minimum(SR 2.5)zone. The Juniper Ridge Project is a conservation project that needs to be completed. Juniper Ridge is a piping project. Piping is essential for water conservation in the Deschutes River Basin. Piping stretches water,because it eliminates water loss from seepage and evaporation so less water needs to be diverted to"carry"delivery flows. As a result,more water can stay in the River for other needs. Piping helps meet growing needs of cities and fish in"cap and trade"Deschutes Basin. No new water rights are allowed in Basin,since the USGS determined that all are claimed as of 1998. Any new rights must be traded or bought from existing owners. Piping"stretches"available water in Basin,making new water available for new needs without loss to existing users. But piping's costs are prohibitive,averaging costs of$1 -$2 million per mile. Excavation increases these costs. Juniper Ridge is COID's first big conservation project because it's in the perfect location: This segment carries large volumes of water,close to the Pilot Butte Canal start point at Deschutes River above the Riverhouse. These deliveries reach to Jefferson County north of Terrebonne. This segment loses the most water in COlD system(approx.40%),so available for recapture by piping. This segment drops in elevation,creating hydrostatic head that can be harnessed by hydropower turbines. Letter to Deschutes County Re:Benefits of COID/TA 13-4 Page 2 These three factors allow Juniper Ridge Phase Ito generates 3.3 megawatts,or power for 3,300 homes,which is sold to offset cost of piping,making piping affordable. Thus,piping can achieve the target goal: 19.6 cubic feet per second (cfs)of water is conserved for Deschutes River by JR I.The Phase I cost(2.5 miles of piping and hydroplant)was$27.5 million. The merits of this project attracted significant state and federal funding to our Basin. These funding partners are now ready to help with Juniper Ridge Phase II. This phase will pipe the next 4500' of the Pilot Butte Canal,connected to existing 2.5 mile pipe,and the existing hydro capacity waiting at the end to capture more power,and pay for the piping. JR II increases power generation capacity to 5.0 mw(power for up to 5,000 homes). Again,the target goal will be achieved: 7.95 cfs is saved with JR II,totaling 27 cfs of water into the Deschutes and Crooked Rivers. The$6.2 million cost,with$2.6 from COID existing hydro revenues,and more state and federal investment secured for this phase,will be covered by investors and the revenue the additional piping will generate. The Juniper Ridge Piping Project will benefit both COLD and the Deschutes River Basin Community. It will update COID's utility facility to deliver water that's: • Faster and colder(reduces algae growth&screen blockages). • More reliable operation and maintenance. • Less expensive for local food growers. The Deschutes River Basin Community will gain,too. • Safer for the public(2 accidents in open canals in last 20 years,and 2 in the last 2 months alone. • 5,000 households will use green,sustainable,non-carbon power generated right here,without transmission loss. • Cities will have access to mitigation credits,allowing them to take more water for people to-drink in our growing communities. • And water levels in both the Deschutes and Crooked Rivers will be able to rise,providing improved habitat for fish and wildlife. As staff evaluates the ability of this application to satisfy the applicable criteria,we consider the City of Bend's June 19 letter received by our office today,and ask expressly that the County consider applying both Bend Area General Plan and Deschutes County Comprehensive Plan criteria to the instant application,to remove any possibility of claims on appeal. Sincerely, /s/ Elizabeth A. Dickson I:\data\liz\client files\c\coid\juniper ridge-piping-phase ii 102.431\deschutes county\text amendment application\board of county commissioners\benefits letter 6.23.14.dacx e c p n o At • • June 19, 2014 R�NIyIII `•see._�•�� .._ 710 NW WALL STREET Board of County Commissioners` .. Po BOx 431 Deschutes Services Building BEND;OR 97701 1300 NW Wall Street, 2"d Floor SCANNED i h , 5 (541]388-5505 TEL Bend OR 97701 ; ` [541]385.6676 FAX ' JUN 2 4 Z014 WWW.PENDONEGON.GOV Re: Request for City Position on Pipin Board of County Commissioners: JIM GUNTON Mayor This letter responds to the requests from COID's attorney, Elizabeth Dickson, JODIE SARRAM by letter dated June 18, 2014 to our City Attorney, District Manager Craig Mayor Pro Tern Harrell,to the City Council at the June 18 council meeting, and Deschutes County Planning staff, for further input on the proposed amendment to - VIGTOR CHUDOWSKY Deschutes County Code Title 19 to permit piping, operation and maintenance of City Councilor canals as an outright permitted use in the SR 2.6 Zone within Bend's Urban Area DOUG KNIGHT Reserve Boundary(northeast of the current UGB). We appreciate the City Counoilor opportunity to comment on this important issue. • SALLY Russel Joint Management Agreement(JMA) City Councilor MARKCAPELL We understand that County staff think differently, but the City does not City Councilor interpret the JMA to give us authority to impose City of Bend general plan ScorrRAMSAY policies on the narrow issue of whether to allow the piping of canals as a arycounabr- conditional or permitted use (as they are allowed in the rest of Deschutes County)within the urban reserve areas. The City is responsible for legislative changes to the•BAGP and implementing,ordinances within the unincorporated ERIC KING UGB with notice to the County and approval by the 8OCC, at the City's city Manager request, after approval by the City Council. Section 4(A)(4). The City is given MARY&WINTERS jurisdiction to process quasi-judicial changes in the City and the City Attorney unincorporated UGB,with notice to the County and approval by the BOCC after approval by the City Council only if required by law. See Section 4(B)(2). The review process for other land use actions within the URB are processed by the County, with a provision that the"City's recommendation shall be considered." Section 5(A)(1). Our concern is that the City has no land use processes in its General Plan or Development Code for formal staff or Council review, or public input, on how planning activity in the URB would obtain substantive policy level review of • • Board of County Commissioners June 19,2014 Page2of5 this type of decision. City residents, neighborhood associations, non-profits and interested groups have no noticed opportunity to weigh in on the intent of City General Plan policies. County Commissioners do not have the background of the policy basis for the various policies being discussed.In the City's view, this type of review is akin to a policy decision related to allowing cluster development or.ensuring that destination resorts comply with state statute under county GP policies—the City is interested in development on adjacent properties, but it did not adopt policies to regulate development in urban reserves other than some general provisions related, for example, to services to destination resorts in Chapter 5 of its General Plan.We do not think the intent of the JMA was to apply Bend Area General Plan policies to an urban area reserves so that it would be treated differently than other areas in Deschutes County on issues such as the of piping of canals in rural areas. See ORS 197.175-Each city and county shall exercise planning and zoning responsibility in compliance with the acknowledged comprehensive plan. Importantly, the City's view of the intent of the JMA is based on the mutual understanding that lands outside of the urban growth boundary has been identified as highest priority for inclusion in the City's UGB when additional urbanizable land is needed in accordance with the requirements of Goal 14. See the definition of"Urban Reserve? As noted in the City's General Plan: "When the General Plan was"acknowledged"by the state in 1981, the Urban Reserve area was recognized as an "exception area"to long-term farm or forest uses under statewide planning Goals 3 and 4, and therefore available for urban development. Lands in this Urban Reserve area are considered first for any expansion of the Urban Growth Boundary? General Plan, Plan Management and Citizen Involvement, 1-4. In the UGB Remand, the Land Conservation and Development Commission confirmed that the UAR lands are exception lands under the City's acknowledged 1981 Comprehensive Plan and therefore are a high priority in the statutory priority of lands to be included within a UGB under ORS 197.Whether or not these lands will be included in the UGB will depend on detailed and complex analysis. The point, however, is that any inclusion would be because it met the criteria for urbanization. If particular parcels of land are included in the UGB boundary, the City and County will be required by law to zone land being added to the UGB. Until that time, the City welcomes the opportunity to comment on code amendments to the County's Plan, but it is not clear to us that City General Plan policies were intended to control the piping of canals within the County. City of Bend General Plan Policies • That being said,we acknowledge that the General Plan and JMA are somewhat dated and not as clear as is desireable, and are in need.of being revisited. This is expected to occur as part of the current UGB expansion process. However, since it was addressed in the staff report and requested by COID and the County,the City will explain its general view of some of the cited policies and text of the Bend Area General Plan,particularly as applied to this issue. • Board of County Commissioners . .June 19,2014 • Page 3 of 5 First,the Bend Area General Plan does not contain any explicit text or policies to prevent piping of canals. While it is true that Chapter 2,table 2-1 lists irrigation canals as a type of corridor of linear open space,there are no policies that prioritize preserving these as natural features or open space over piping a canal. Piping a canal does not destroy or remove a linear open space,but merely changes its appearance from one with water,to one without water that can now be used for trails, biking, and other uses as Is mentioned in Urban Trails Policies(pages 3- 18). An example is Tumalo Irrigation District's piped Bend Feed Canal.The heavily used Deschutes River Trail is on-top of this piped canal for over four miles from First Street Rapids Park to the far northwest corner of the UGB. The City has found that the irrigation districts allow greater public access to canals once they are piped because it is safer for users than having open waterways. Chapter 2 of the General Plan does contain a number of policies(Deschutes Basin Study Policies 7, 8,9, 10)that explicitly encourage the City to assist and support water conservation efforts of irrigation districts. Since it is well documented that piping conserves water,and to the extent it expands bike and pedestrian access and use of the canal without removing or destroying a linear open space,then piping a canal is consistent with the Bend Area General Plan. Further,the Bend Development Code,which implements the land use and development elements of the General Plan,does not prevent or discourage the piping of canals. In fact,with urbanization of property, canals are regularly relocated and piped to allow for denser,safer urban development. City General Support for Policy of Piping Canals With regard to the piping of canals, successive city councils have been staunch supporters of this approach for water conservation and environmental reasons. Back in 2004, Council adopted two resolutions in support of the piping of leaky canals, as a water conservation measure and for flow restoration. See attached. The City and County are active participants in the Deschutes Water Alliance, a collaborative basin-wide approach to water supply and stewardship in the Upper Deschutes Basin. Of particular relevance, the recently published report DESCHUTES WATER PLANNING INITIATIVE WATER SUPPLY GOALS AND OBJECTIVES- (February 26, 2013 Final Report) at pages 22-23 states: A number of considerations are involved in responding to urbanization issues relative to open canals, operations and maintenance issues, safety concerns and costs.Operations and maintenance costs for open canals and laterals could be reduced by lining these conveyances; however, maintenance is still required. Rigid linings of concrete or shotcrete are subject to cracking and/or heave-breakage by freezing water. Crack sealing and replacement of broken liner areas are required. Lined canals and laterals can increase safety hazards through increased • Board of County Commissioners • June 19,2014 Page4of5 escapement difficulty. Lined canals or ditches continue function as an open channel with limited control over matching deliveries with demand in urbanized areas with intermixed urban and irrigated lands. Considering potential future growth and development, linings do not adequately respond to safety or operations and maintenance cost issues in urban areas. Piping of canals and laterals eliminates open flow channels,water control limitations in urbanizing areas and related safety issues. Piping provides containment of water and • much better control in matching deliveries with demand in intermixed urban/irrigation land areas. Piping, in these cases,reduces operational flow needs and spills, improving water use efficiency. Piping costs are generally higher than lining costs;however, piping comes with negligible maintenance needs and related costs, and provides a solution that • is.more compatible with urban areas. • The district has conducted flow measurement analyses to quantify the volume of seepage loss and it is developing a prioritized list of canal and lateral piping projects to reduce seepage losses. Implementation of these projects will generate water supply that could be used to irrigate other lands within COID, irrigate lands in other irrigation districts for agricultural supply,augment flows in the upper Deschutes River during winter and in the middle Deschutes River below Bend during the summer, augment stream flows in response to the Habitat Conservation Plan, or supply water for a•drought contingency plan. The attached 2006 DWA Report, Irrigation Efficiency, makes a strong case that there has been a push in recent years to reduce conveyance losses and broaden the benefits of water use by utilizing water more effectively in connection with irrigation,stream flow restoration, protection of scenic waterway flows and water quality improvements. It states at ES-4: Certain districts through further feasibility studies have been able to reduce piping project costs by incorporating hydroelectric facilities in suitable reaches. Water conveyance efficiency projects cover a wide range of benefits including: • Piping reduces liability exposure from safety hazards inherent in open canals in urbanizing areas; • Piping/lining provides water for in-stream flow and other district water needs; • Piping can eliminate conflict between urban/suburban landowners; • Piping will substantially reduce or eliminate operations and maintenance requirements; • Piping can provide gravity pressure with energy conservation benefit; • Board of County Commissioners June 19,2014 Page 5 of 5 • Piping Improves reliability of water delivery and improves control of water delivery to more closely match demand fluctuations, which reduces need for additional transport flows; • Piping provides the.opportunity to develop small hydropower facilities for revenue opportunities; and • Piping is a logical and practical solution for water conservation, improved delivery efficiency, energy conservation, reduced operations and maintenance and reduced safety concerns in urbanizing areas. Additional benefits involve reduction of annual operations and maintenance costs associated canals and laterals, reduction in safety hazards associated with developing areas; and decreased power costs to irrigators associated with piped pressurized water systems. Council has had numerous presentations over the years, and the support of irrigation district projects, including COID's JR Phase II piping project, has been consistent and strong. The area being proposed for piping is one of the most in need of piping, since it is one of the leakier canals. In sum, the City is in favor of the proposed amendment. While sympathetic to the homeowner concerns, Council unanimously voiced its support by vote at the July 18 council meeting. On balance, Council believes the community wide advantages of piping canals described above far outweigh more limited concerns. Sincerely, .47-1./cy • Eric King City Manager,.City of Bend EK/nf • Enclosures - cc: Bend City Council(w/o ends.) Colin Stephens, Planning Manager(w/o ends.) Brian Rankin, Long Range Senior Planner(w/o ends.) Mary A.Winters, City Attorney (w/o ends.) - GATlok RECEIVED � JUN 17 2014 (541)475-3625 Deschutes County CDD 541 475-3652 z //////���II�'��,�\ �'' ( ) "� 2024 N.W. Beech Street fax(541)475-3905 r o r■ Madras,Oregon 97741 nuid @northunitid.com June 10, 2014 Nick Lelack Director, Community Development Department Deschutes County 117 NW Lafayette Ave Bend, Oregon 97701 RE: COID Application Pending for TA 13-4, BOCC Public Hearing July 2, 2014—Submittal to the Record Dear Mr. Lelack: As the Chairman of the North Unit Irrigation District(NUID), I am writing to respectfully encourage the Deschutes County Board of Commissioners to approve the proposed text amendment from Central Oregon Irrigation District(COID). This approval is essential to an important initiative between COID and NUID to improve our conveyance efficiencies and enhance flows in the Deschutes and Crooked Rivers for fish,wildlife and recreation. NUID provides irrigation water supplies to over 2,200 patrons who irrigate roughly 59,000 acres of productive land, primarily in Jefferson County. The District was established in 1916 as the Jefferson Water Conservancy District, and later became NUID. Our District was formed to address the serious water shortages confronting farmers and ranchers at the turn of the century. NUID supports COID's Juniper Ridge Project. The second phase of COID's project includes an agreement with NUID,where some of the conserved water supplies will be transferred to NUID. This new water supply will allow some of our farmers and ranchers to reduce their reliance on Crooked River water, leaving more instream for salmon, steelhead and recreation. COID's Juniper Ridge Project is one part of a larger NUID effort,which is believed to be the largest streamfiow restoration initiative in Oregon history. When our entire project is complete, up to 220 cfs of water will be restored to the Crooked River, upstream of Smith Rock State Park.The State of Oregon,the Deschutes River Conservancy, Confederated Tribes of Warm Springs, and many other local, state and federal agencies,are supporting , this initiative. I encourage the Deschutes County Board of Commissioners to approve COID's text amendment for the Juniper Ridge Project. Thank you for your consideration of this important project. Sincerely, • Martin Richards Chairman of the Board_of Directors . cc: Board of Commissioners "Conserve Water-The Supply Is Limited" ggllQq 111 RECEIVED xR JUN 172014 IRRIGATION DISTRICT Deschutes County CDD June 11,2014 Nick Lelack Director,Community Development Department Deschutes County 117 NW Lafayette Ave Bend,Oregon 97701 Regarding:COLD Application Pending for TA 13-4,BOCC Public Hearing July 2,2014— Submittal to the Record Dear Mr.Lelack: I am writing on behalf of the Board of Directors of Swalley Irrigation District in support of the text amendment request from Central Oregon Irrigation District(COLD),to enable the District to complete Phase II of their successful Juniper Ridge Project. Swalley Irrigation District(Swalley) fully supports COD's proposed text amendment. Established in 1899,Swalley has over 660 patrons. Throughout our history,the District has sought to provide an affordable and reliable water supply to hardworking farm and ranch families. As water supply needs for cities and the environment have increased, Swalley has worked with the Deschutes Water Alliance,Deschutes River Conservancy,the City of Bend and Deschutes County,to help meet these growing needs. Swalley has its own history with water conservation and canal piping.We defended two federal lawsuits to establish our right,and the right of all Carey Act Districts,to pipe our canals. In 2009,Swalley piped 5.1 miles of our main canal,along with several laterals. Swalley,by piping these canals,and recapturing water that was being lost to seepage,was able to permanently return 38 cfs into the Deschutes River. A year later,Swalley began operation of a small,in-conduit hydroelectric facility,which now produces enough renewable energy for up to 350 homes. Our project,while controversial at the time,is now a success for our patrons,area residents,and fish and wildlife. The approval of COlD's text amendment would produce similar benefits. Phone 541/388-0658 Fax 541/389-0433 64672 COOK AVENUE SUITE ONE BEND.OREGON 97701 CC;Board of Commissioners wwVw.swaile)Ccom' Swalley encourages the Deschutes County Board of Commissioners to approve COID's text amendment request. This approval will allow COD to conserve more water,to increase flows in the Deschutes River for the benefit of salmon,steelhead and recreation,and to generate more renewable energy. All of these benefits are good for Deschutes County and Central Oregon. Sincerely, Jeff a se Vice-President CC;Board of Commissioners i PGE Port Gl t Company Dave Robertson 121 SW Salmon land Stenerareet•1 Elec WTC1703 ric •Portland,Oregon 97204 N. (503)464-8543•Facsimile President csimile(503)464-2222 Public Policy RECEIVED June 13,2014 JUN 1 7 2014 Deschutes County CDD Nick Lelack Director, Community Development Department Deschutes County 117 NW Lafayette Ave Bend,Oregon 97701 Re: COlD Application Pending for TA 13-4,BOCC Public Hearing July 2,2014— Portland General Electric Company Submittal to the Record Dear Mr. Le ek: N I l/ - Portland.General Electric'Company (PGE) respectfully,encourages the Deschutes, County. Board 9f. Comniisstoners, to approve Central'`Oregon Irrigation District's:(COLD)•proposed text amendment,for their Juniper Ridge Project, Phase II. Our company supports this valuable project because of its numerous environmental and economic benefits for Central Oregon. PGE has a long history of successful collaboration with Central Oregon, including many of its cities, counties, irrigation districts, and organizations such as the Deschutes Water Alliance, Deschutes River Conservancy, Deschutes Land Trust, and the various watershed councils. POE and the Confederated Tribes of the Warm Springs (CTWS), our partner in the Felton Round Butte Hydroelectric Project in Madras, are making significant investments in rebuilding salmon and steelhead habitat through the financial grants we provide from the Pelton Water Fund. These grants will result in improvements to the water quality and quantity in the rivers and streams of the Deschutes Basin. COED's Juniper Ridge Project is one of the more significant projects supported with grants from the Pelton Water Fund. Based on our experiences in the Deschutes Basin, piping irrigation canals are some of the most efficient and cost effective means available to conserve water lost to seepage. We understand Phase 11 of this project will result in up to 8 cubic.feet-per second (cfs)of water remaining in the Deschutes and Crooked Rig+ers:':;Coupl eel'with .the-recent:completion of Phase I,:these two projects.will,;result i)_up:to, 27 cfs temairrmg,in-streams iwhile rcnsuring.,that;.economically-.npportayit;.:agr ct J,Wtal,t •peratio{ts:_StijiL receive their rtlui1.41.tereat;ion:of.water:;ifr.we look basin.:wide,;:water.'conserration:-projects.:such;ar`;,tli se;1ave returned nearly 150 cfs of water to the Deschutes and Crooked Rivers. Nick Lelack Director,Community Development Department Deschutes County Page-2- The improvements to COID's conveyance infrastructure with the resulting increase in water left in- stream, is especially critical during the summer and fall months for both resident fish and anadromous fish. These enhanced river flows will be a key component to restoring habitat critical to the success of the salmon and steelhead reintroduction program above PGE and the CTWS's Pelton Round Butte Hydroelectric Project. The flows also provide this benefit while enabling the irrigation district to continue to meet the water-use needs of its members supporting the region's economy. PGE is pleased to have contributed to this project and looks forward to working with the communities of Central Oregon to support additional projects like this in the future. For these reasons, PGE encourages the Board of Commissioners to approve COID's proposed text. amendment so the District can construct this important water conservation project. Please feel free to contact Scot Lawrence at PGE if you would like more information about our efforts in the Deschutes Basin to restore river habitat and fund water conservation projects. Scot can be reached at (503) 464- 7361. - Sincerely, Gtr/ ve Robertson [lore Vice President, Public Policy cc: Commissioner Tammy Baney Commissioner Tony DeBone n�� Commissioner Alan Unger /�/ r Vi A. WARM SPRINGS POWER&WATER ENTERPRISES P.O.BOX 960•WARM SPRINGS,OR 97761 OFFICE: (541)553-1046 FAX (541)553436 f »3 June 16,2014 Nick Lelack Director,Community Development Department Deschutes County 117 NW Lafayette Ave Bend,Oregon 97701 Re: COID Application Pending for TA 13-4.BOCC Public Beating July 2,2014-- Portland General Electric Company Submittal to the Record Dear Mr.Lelack: Warm Springs Power and Water Enterprises (WSPWE), a wholly owned entity of the Confederated Tribes of Warm Springs, respectfully encourages the Deschutes County Board of Commissioners to approve Central Oregon Irrigation District's (COM)proposed text amendment for their Juniper Ridge Project, Phase II. WSPWE supports this valuable project because of its numerous environmental and economic benefits for Central Oregon. WSPWE has a long history of successful collaboration with Central Oregon,including many of its cities, counties, irrigation districts, and organizations such as the Deschutes Water Alliance, Deschutes River Conservancy, and the various watershed councils. Our investments in rebuilding salmon and steelhead habitat through fmancial grants from the Pelton Water Fund have resulted in significant improvements to the water quality and quantity in the rivers and streams throughout the Deschutes Basin. WSPWE and our partners,Portland General Electric,fully supports CO1D's Juniper Ridge Project,and has committed funding for Phase I and Phase II of the project. In our experience with Deschutes Basin, piping irrigation canals are one of the most efficient and cost effective means available to conserve water that is lost to seepage. We understand Phase II of the project will result in the return of up to 8 cfs of water permanently into the Deschutes and Crooked Rivers. Coupled with the recent completion of Phase I,these two phases will result in the return of up to 27 cfs in these two rivers, while ensuring that the economically important irrigated agriculture community still receives their full allocation of water. If we look basin wide, water conservation projects such as this have returned nearly 150 cfs of water to the Deschutes and Crooked Rivers. The improvements to COID's conveyance infrastructure, with the resulting increase in water left in- stream is especially critical during the summer and fall months for both resident fish and anadromous fish.These enhanced river flows will be a key component to restoring the habitat so critical in the SCALD 2014 JUN 1S 1 N.Lelack June 16,2014 Page 2 success of the salmon and steelhead reintroduction program above PGE's Pelton Round Butte Hydroelectric Project. It also provides this benefit while enabling the irrigation district to continue to meet the water-use needs of its members which supports the region's economy. For these reasons, WSPWE encourages the Board of Commissioners to approve COID's proposed text amendment so the District can construct this important water conservation project which will benefit all of Central Oregon. Respectfully, A n 14, Manion eneral Manger c:Deschutes County Board of Commissioners amity of ririzlleR W1) ���� Df c P e v 387 NE THIRD STREET • PRINEVILLE,OREGON 97754 JUN j 7 2014 4 OFFICE OF THE MAYOR PRINEviiv Phone: (541)447-5627 FAX:(541)447-5628 Deschutes County CDD EMAIL:broppe@cityofprineville.com Web Site:www.cityofprineville.corrl June 16,2014 • Nick Lelack Director,Community Development Department Deschutes County 117 NW Lafayette Ave Bend,Oregon 97701 Re: COLD Application Pending for TA 13-4.BOCC Public Hearing July 2,2014-- City of Prineville Submittal to the Record Dear Mr. Lelack: I am writing on behalf of the City of Prineville in support of Central Oregon Irrigation District's (COID or District)Juniper Ridge Project,and to respectfully encourage the Deschutes County Board of Commissioners to approve the District's recommended text amendment so Phase 11 of this important project can be constructed in the upcoming construction season. The City of Prineville takes water conservation seriously. We have initiated a series of actions to strengthen our water resources management and improve fish and wildlife habitat in the Crooked River. Our City is conserving water to manage our demands,developing new wells to bolster our existing supply,and collaborating with many of the irrigation districts in Central Oregon, including COLD,to make all of these solutions work better. The District's Juniper Ridge Project will yield meaningful benefits, including real water conservation,renewable hydropower generation,and enhanced fisheries habitat in the Deschutes and the Crooked Rivers. We understand that COID, in collaboration with the Deschutes River Conservancy and North Unit Irrigation District,has developed a plan to transfer some of the water conserved from Juniper Ridge Phase 11 to North Unit. These water supplies will enable North Unit to reduce the amount of water it diverts from the Crooked River,leaving more flow instream for salmon, steelhead and recreation.The State of Oregon,the Deschutes River Conservancy,Confederated Tribes of Warm Springs,and many other local,state and federal agencies, support this innovative plan. We do,too. This organization is an Equal Opportunity Provider The City of Prineville is pleased to be a part of the Deschutes and Crooked River Basins' efforts to cooperatively and creatively solve our common problems. We support COID's proposed text amendment so the District can construct this important water conservation project.On behalf of the City of Prineville, I encourage the Board of Commissioners to approve it quickly. Sincerely, ilfl Betty Roppe,Mayor cc: Board of Commissioners This organization is an Equal Opportunity Provider X RECEIVED r L`! .°� �, yp nj'� Water Resources Department 04 r_�i ;. 1 egol 1 JUN 2 0 2014 North Mall O;F£ice Building . John A.Kitzhaber,MD,Governor 725 Summer St NE,Suite A 43 Deschutes County CDD Salem,OR 97301 June 16,2014 Phone(503)986-0900 Fax(503)986-0904 www.wrd.state.or.us Nick Lelack,Director Deschutes County,Community Development Department 117 NW Lafayette Ave Bend,Oregon 97701 Re: COLD Application Pending for TA 13-4,BOCC Public Hearing July 2,2014– Oregon Water Resources Department Submittal to the Record Dear Mr.Lelack, Approval and completion of Phase II of Central Oregon Irrigation District's(COID)Juniper Ridge Project will provide Central Oregon with numerous environmental and economic benefits. Piping canals is one of the most efficient and cost effective means to recapture water that is lost to seepage and evaporation,particularly in Central Oregon where canals were carved out of porous basalt rock. Juniper Ridge Phase I,completed in 2012,resulted in the piping of 2.5 miles of the Pilot Butte canal, including a section with seepage losses as high as 40 percent.Conserving these water supplies has improved COID's conveyance efficiency,while also resulting in the permanent return of 19.6 cfs of senior water rights to the Deschutes River.The project also produces clean, renewable energy,reducing greenhouse gas emissions.Coupled with the 7.95 cfs of water to be returned through the construction of Phase R,a total of up to 27 cfs of water will be restored to the Deschutes and Crooked Rivers,which will benefit salmon,steelhead,and other fish and wildlife species. The Juniper Ridge Project advances Governor Kitzhaber's Sustainability and Water Infrastructure Goals and Initiatives,while providing an example of local,state,federal,and private sector collaboration.In addition,the project furthers Oregon's Integrated Water Resources Strategy Recommended Action 10.A,which calls for improving water-use efficiency and water conservation. I encourage the Board of Commissioners to approve the proposed text amendment so the COLD can construct this important water conservation project. Sincerely, /..---P----—"CI irc-:52 Thomas J.Paul Acting Director c: Alan Unger,Deschutes County Commissioner Tammy Baney,Deschutes County Commissioner ;#, Tony DeBone,Deschutes County Commissioner Thy. RECEIVED `y : of Fish and Wildlife _:-,,,,��, re on Department�'3 JUN 2 0 2014 Office of the Director =sari=i � V r 4034 Fairview Industrial.Dr SE I-F John A.Kitzhaber,MD,Governor Deschutes County CDD Salem,OR 97302-1142 503-947-6044 Fax:503-947-6042 June www.dfw.state.or.us une l7,2014 OREGON flP4' FIen LWIk1N Mr.Nick Lelack Director,Community Development Department Deschutes County 117 NW Lafayette Avenue Bend,Oregon 97701 Dear Mr.Lelack, The Oregon Department of Fish and Wildlife(ODFW)is writing in support of Central Oregon Irrigation District's(COID's)proposed Juniper Ridge piping project and instream transfer of the reduced seepage loss. The resulting instream water allocations will provide critical base habitat for native redband trout, bull trout,mountain whitefish,reintroduced anadromous Mid Columbia steelhead and spring Chinook and other aquatic resources in the receiving streams. Both bull trout and Mid Columbia steelhead are federally listed as threatened species. Phase 2 of the Juniper Ridge project will result in piping of approximately 4,500 feet of open canal with 100 percent of the reduced seepage loss allocated to the State of Oregon(State)as an instream water right in both the Deschutes and Crooked rivers. This phase will enable COLD to permanently return 7.95 cubic feet per second(cfs)of water instream.The primary purpose of instream water rights are to provide for the conservation,maintenance,and enhancement of aquatic resources,fish life,and fish habitat. ODFW recommends the bulk of the conserved water be transferred to the Deschutes River to complement previous conserved water projects Fish populations in both the Deschutes and Crooked rivers are limited by water quantity and quality. The addition of 7.95 cfs of water resulting from Phase 2 of the Juniper Ridge Project will assist in addressing these issues.ODFW and partners are actively engaged in an effort to reintroduce summer steelhead and spring Chinook into the upper Deschutes subbasin. Conserved water from the Juniper Ridge Project will assist in ensuring the success of this effort. The project will complement the extensive efforts by multiple partners and stakeholders devoted to restoring the historic assemblage of fish species in the Deschutes River. ODFW appreciates the Central Oregon Irrigation District's contribution and commitment to addressing multiple resource needs for all users through continued conservation and enhancement efforts. Sincerely, j' C� ,461-e----- Curtis E.Melcher,Deputy Director Fish and Wildlife Programs ,„ AR N LD IRRIGATIQN DISTRICT 19604 Bud Canyon Rd.,Bend;OR 97702 Phone: 541-382-7664 Fax: 541-382-9833 June 17,2014 Nick.Lelack Director Community Development:Department Deschutes County 117 NW Lafayette Ave Bend,Oregon 97791' Regarding COlD Application Pending;for TA 13-4,BOCC Public Hearing.July 2,2014--Submittal-to:the Record Dear Mr.Lelack: On behalf of the Arnold Irrigation District Board of Directors and patrons,I am writing to encourage the Deschutes County Board of Commissioners to approve the text.amendment`for Central Oregon Irrigation District s(DOH))Juniper Ridge Project:,Arnold Irrigation District fully supports the proposed COID text amendment. Arnold Irrigation District•(AID)le one of Oregon's more senior irrigation distrift Formed in 1904,. AID :serves more than 1,500:patrons,in Deschutes County: Our distriet has::long embraced water conservation,similar to the.efforts of COlD.. AID has repaired leaks in one of Our historic metal flumes, lined 1 5 miles of our main canal and laterals,piped 5.5 miles'of laterats and even eliminated 4:5 miles of older laterals. Because of these proactive acaons,.AID has reduced our:average rate of diversion from thoDesahutes River by approximately 25 cfs since 1997. AID supports°.COI D'S Juniper.Ridge Project. Piping canals is one'of'the most;efficient and Omit effective meant available to:recapture water that is:lost to seepage:Conserving these water supplies will improve 'COID'etifficienclee for all of their•.patrons,and enable the DiShletto mum water permanently to the. Deschutes laver,for.the•`benefit of salmon,steelhead and recreation. For all of these reasons,AID encourages the Deschutes County Board of Commissioners to approve COID's text amendment so that COD may pipe the second phase:-of the Juniper Ridge Project,and so.Central Oregon may enjoy all of the'benefits ef'the project: 1 encourage you to call the District's General.Manager,Shawn Gerdes,if you would like to know more about our support for the Juniper Ridge Project. Sin 1., ��'``� 40 j William Grafton I President:of the Board of Directors 4-" rr mammal. June 20,2014 Tammy Baney,Commissioner c/o Nick Lelack,Community Development Director Deschutes County Community Development Building 117 NW Lafayette Avenue Bend,OR 97701 Dear Commissioner Baney: On behalf of Trout Unlimited I urge the Deschutes Board of Commissioners to approve the Central Oregon Irrigation District's application for code changes to make irrigation district piping of existing irrigation canals an outright permitted use in SR 2 1/2 zones. Completion of the COID Juniper Ridge Phase II canal piping project will benefit the greater public in many ways. This project will improve public safety in the canal easement,generate clean energy through the district's hydropower plant,and restore 7.95 cubic feet per second of instream flows in the Deschutes and Crooked Rivers. These benefits reflect widely supported core values of our society. The COED JR II project proposal is a consequence of careful research and evaluation of alternatives done through COID and the Deschutes River Conservancy. It's funding is based on competitive grant applications to Oregon and federal agencies. Its merits and value are hard to dispute. I hope that you will undertake a fresh unbiased evaluation of the COID application. The recent negative ruling of the county planning commission appears to have reflected only interests of the relatively small number of homeowners who aggressively expressed opposition to the proposed code change. I trust that the Board of Commissioners will evaluate the proposed code change from the perspective of the greater public. Trout Unlimited is a national organization with over 600 local chapter members. Its mission is to restore and protect cold water fisheries. To this end we are actively engaged in multiple local conservation projects,and have invested much effort to facilitate restoration of instream flows in our rivers. Canal piping has clearly been the most effective approach to achieve this goal in the Deschutes basin. On a personal note, I relish fly fishing on the Middle Deschutes,where summer flows have been improved through canal piping projects. Restoration of instream flows however is still far short of target flows established by ODFW. Sincerely, Michael Tripp, Conservation Chair, Deschutes Chapter of Trout Unlimited 541-312-2193 1020 NW Foxwood Pl Bend OR 97701 C l 1111 I UMIH D June 20,2014 Tony DeBone,Commissioner c/o Nick Lelack,Community Development Director Deschutes County Community Development Building 117 NW Lafayette Avenue Bend,OR 97701 Dear Commissioner DeBone: On behalf of Trout Unlimited I urge the Deschutes Board of Commissioners to approve the Central Oregon Irrigation District's application for code changes to make irrigation district piping of existing irrigation canals an outright permitted use in SR 2 1/2 zones. Completion of the COID Juniper Ridge Phase II canal piping project will benefit the greater public in many ways. This project will improve public safety in the canal easement,generate clean energy through the district's hydropower plant,and restore 7.95 cubic feet per second of instream flows in the Deschutes and Crooked Rivers. These benefits reflect widely supported core values of our society. The COID JR II project proposal is a consequence of careful research and evaluation of alternatives done through COID and the Deschutes River Conservancy. It's funding is based on competitive grant applications to Oregon and federal agencies. Its merits and value are hard to dispute. I hope that you will undertake a fresh unbiased evaluation of the COID application. The recent negative ruling of the county planning commission appears to have reflected only interests of the relatively small number of homeowners who aggressively expressed opposition to the proposed code change. I trust that the Board of Commissioners will evaluate the proposed code change from the perspective of the greater public. Trout Unlimited is a national organization with over 600 local chapter members. Its mission is to restore and protect cold water fisheries. To this end we are actively engaged in multiple local conservation projects,and have invested much effort to facilitate restoration of instream flows in our rivers. Canal piping has clearly been the most effective approach to achieve this goal in the Deschutes basin. On a personal note, I relish fly fishing on the Middle Deschutes,where summer flows have been improved through canal piping projects. Restoration of instream flows however is still far short of target flows established by ODFW. Sincerely, Michael Tripp, Conservation Chair, Deschutes Chapter of Trout Unlimited 541-312-2193 1020 NW Foxwood PI Bend OR 97701 TROUT June 20,2014 Alan Unger,Commissioner c/o Nick Lelack, Community Development Director Deschutes County Community Development Building 117 NW Lafayette Avenue Bend,OR 97701 Dear Commissioner Unger: On behalf of Trout Unlimited I urge the Deschutes Board of Commissioners to approve the Central Oregon Irrigation District's application for code changes to make irrigation district piping of existing irrigation canals an outright permitted use in SR 2 1/2 zones. Completion of the COID Juniper Ridge Phase II canal piping project will benefit the greater public in many ways. This project will improve public safety in the canal easement,generate clean energy through the district's hydropower plant,and restore 7.95 cubic feet per second of instream flows in the Deschutes and Crooked Rivers. These benefits reflect widely supported core values of our society. The COID JR II project proposal is a consequence of careful research and evaluation of alternatives done through COID and the Deschutes River Conservancy. It's funding is based on competitive grant applications to Oregon and federal agencies. Its merits and value are hard to dispute. I hope that you will undertake a fresh unbiased evaluation of the COID application. The recent negative ruling of the county planning commission appears to have reflected only interests of the relatively small number of homeowners who aggressively expressed opposition to the proposed code change. I trust that the Board of Commissioners will evaluate the proposed code change from the perspective of the greater public. Trout Unlimited is a national organization with over 600 local chapter members. Its mission is to restore and protect cold water fisheries. To this end we are actively engaged In multiple local conservation projects, and have invested much effort to facilitate restoration of instream flows in our rivers. Canal piping has clearly been the most effective approach to achieve this goal in the Deschutes basin. On a personal note,I relish fly fishing on the Middle Deschutes,where summer flows have been improved through canal piping projects. Restoration of instream flows however is still far short of target flows established by ODFW. Sincerely, Michael Tripp, Conservation Chair, Deschutes Chapter of Trout Unlimited 541-312-2193 SC � 1020 NW Foxwood PI Bend OR 97701 \\\ 4 2°14 17 11 OCHOCU IRRI6ATI©N DISTRICT OCHOCO IRRIGATION DISTRICT 1001 NW DEER STREET PRINEVILLE,OREGON 97754 PHONE(541)447-6449 FAX(541)447-3978 ochocoidacrestviewcable.com June 05,2014 Nick Lelack Director,Community Development Department Deschutes County 117 NW Lafayette Ave Bend,Oregon 97701 Re: CO1D Applicatj p Betiding for TA 13-4.BOCC Public Hearing July 2.2014- Ochoco Irrigation District's Submittal to the Record Dear Mr.Lelack: I am writing on behalf of the Ochoco Irrigation District to encourage the Deschutes County Board of Commissioners to approve a proposed text amendment for Central Oregon Irrigation District's (COM)Juniper Ridge Project. Ochoco Irrigation District fully supports COlD's Juniper Ridge - Project. Ochoco Irrigation District was formed in 1916 to provide irrigation water to farmers and ranchers in Crook County. Today,the District provides water to nearly 862 patrons who irrigate approximately 20,000 acres of productive farmland. Our District has successfully lined and piped over 20 miles of canals and laterals to conserve water for our patrons and the other users of water in the Crooked River Basin and the Deschutes. Based on our experiences,piping canals is one of the most efficient and cost effective means available to recapture water that is lost to seepage. Our District has also worked to construct fish ladders,and make smaller dams"fish friendly." The Juniper Ridge Project compliments our efforts on the Crooked River. We understand COID's project will result in the return of up to 7.95 cfs of water permanently into the Deschutes and Crooked Rivers. In cooperation with North Unit Irrigation District(NUM) and the Deschutes River Conservancy,some of the conserved water supplies will be transferred II to NUID. These water supplies will allow some of the North Unit farmers and ranchers to reduce their reliance on diversions from the Crooked River,leaving more water instream for salmon, stcelhead and recreation. SCAB 2.014 3014 2 4 01� Ochoco Irrigation District respectfully encourages the Board of Commissioners to approve COID's proposed text amendment so the District can construct this important water conservation project,and benefit all of Central Oregon. Sincerely, Brian Barney Chairman of the Board of Directors CC: Board of Commisioners i fi 1 United States Department of the Interior spo," %Lin. ` `" FISH AND WILDLIFE SERVICE • Bend Field Office 63095 Deschutes Market Road Bend, Oregon 97701 (541)383-7146 FAX: (541)383-7638 Reply To:7455.0113 File Name 0011)Piping Project TS Number:14-708 TAILS:13420-2009-FA-0207 June 23,2014 Board of County Commissioners Deschutes County 117 NW Lafayette Avenue Bend,Oregon 97701 Re: Central Oregon Irrigation District's Pending Application for TA 13-4,BOCC Public Hearing 0 Dear Deschutes County Commissioners: • The U.S.Fish and Wildlife Service(Service)is writing to you in support of the Central Oregon Irrigation District's(COLD)proposed Juniper Ridge Project Phase II(Project),and to encourage the Deschutes County Board of Commissioners to approve the COID's proposed Text Amendment(TA-13-4). The Project would pipe 4,500 feet of existing open canal,which will permanently return 7.95 cubic feet per second(cfs)of conserved water to the Deschutes and Crooked Rivers. The COLD completed Phase I of the Project in 2012,which annually returns 19.6 cfs of conserved water to the Deschutes River. Water diversions from the Deschutes and Crooked Rivers by irrigators,municipalities,and industry have resulted in low flows and high water temperatures,which can adversely affect water quality,important fisheries,and stream ecology. These rivers support populations of rainbow trout,brown trout,mountain whitefish,dace,sculpin,Endangered Species Act(ESA) listed bull trout,and recently reintroduced runs of spring chinook salmon and ESA listed summer steelhead. In addition to fisheries,increased instream flows will benefit wildlife species and riparian vegetation. Nearly 90 percent of the streaniflow from the Deschutes River in Bend is diverted through irrigation canals during the irrigation season. Water conservation through canal piping provides significant contributions of water that is needed to restore streamflows and habitat for fish below Printed on 100 pant chlorine free/60 percent past-consumer content paper. • 2 diversion lx).4118 while nntrednoing irrigated agriCultural 1=6. Large se.ale piping and lining a nugation onabloreound in 1101 Os of permanently protected Streamflow in the1)es:chutes River and itsitibutaries. Similar piping projects•in other Ccntral.9regon streams haveresnited in significant water conservation and lincteased instreamllows. For example,in the.Deschutes River basin's Whyahus Creek,irrigation water from the creek was diverted through canals built in porous volcanic soil. These canals lost approximately half Of the diverted water before it reached the district's patrOns. Piping the canals and returning the conserved water to Whychus Creek summer flows has helpecl to increase sunnner instrearn flows to about 30 cfs. The Service mpoits,therproptised Project,and other action,"to improve instrean.flows and habitat tithe:Deschutes and MtiakixtitiverS: appreniste yettr-efterts Gomm()water in Central Oregon's Avera,And:proliiftg benefits to dre$0TiXte0-.11,$.bltnd Vildlife. If you have any .questions regarding this le' Um or need additional inibrmittiOn;,please contact mcir Peter Lickwar of"tny staffat(541).1g3-7145. Sincerely, /741) C','/ i/tP14at WallPy Gilbert Field SUpervisor .cc; Mr.Nick Leiack,Community Development Director,Deschutes County;Oregon TUMALO IRRIGATION DISTRICT 64697 Cook Ave. Bend, Oregon 97701 RECEIVED Phone (541) 382-3053 Email: staffeturrA1o.ora Web Page: www.tumalo,org JUN 2 5 2014 June 23,2014 Deschutes County CDD Nick Lelack Director,Community Development Department Deschutes County 117 NW Lafayette Ave Bend,Oregon 97701 Re: COLD Application Pending for TA 13-4,BOCC Public Hearing July 2,2014— Tumalo Irrigation District's Submittal to the Record Dear Mr.Lelack: I am writing on behalf of the Tumalo Irrigation District to encourage the Deschutes County Board of Commissioners to approve a proposed text amendment for Central Oregon Irrigation District's(COLD)Juniper Ridge Project. Tumalo Irrigation District fully supports COID's plans to pipe 4,500 feet of the Pilot Butte canal in the project's second phase. Located in Deschutes County,Tumalo Irrigation District was established in 1900 to convey irrigation water to local farmers and ranchers. Today,Tumalo Irrigation District responsibly provides water to over 1,500 patrons who raise crops and livestock on over 8,000 acres of land. Tumalo has been a leader in water conservation and fisheries restoration efforts. Over 60%of the District's 11 miles of main canal has been piped to conserve water. The District has also saved over 10 cfs of senior water rights on Tumalo Creek below our diversion and another 6 cfs on Crescent Creek,raising cold water flows in these streams where they're most needed. Piping open irrigation canals is one of the most efficient and cost-effective means available to recapture water that is lost to seepage,but these projects are expensive. Financing is a critical part of an irrigation district's ability to construct these water conservation and fisheries restoration projects. We well understand why COLD has included hydropower generation as part of the Juniper Ridge Project. Hydro pays for piping.Hydro makes piping feasible. Tumalo Irrigation District respectfully encourages the Board of Commissioners to approve COID's proposed text amendment so the District can construct this important water conservation project,and benefit all of Central Oregon. Sin , doi Ron Cochran Chairman of the Board of Directors CC:Board of Commissioners UPPER DESCHUTES WATERSHED C O U N C I L June 24,2013 Commissioner Alan Unger Commissioner Tammy Baney Commissioner Tony DeBone c/o Nick Lelack Community Development Director 117 NW Lafayette Ave. Bend,OR 97701 Re: Support for Juniper Ridge II Project Dear Commissioners Unger, Baney and DeBone: This letter expresses the Upper Deschutes Watershed Council's support for Central Oregon Irrigation District's Juniper Ridge II piping project. This important water conservation project will improve stream flows in the Deschutes and Crooked Rivers.It-aligns with the Watershed Council's mission to protect and restore the Upper Deschutes River watershed and it is consistent with watershed assessments,action plans,and conservation strategies that identify canal piping as a high priority conservation activity. For more than a decade,local irrigation districts have used canal piping as a reliable,cost- effective tool to restore streamflow in the Deschutes River and its tributaries for the benefit of the public. These efforts are critically important to the long-term health of our local rivers;they yield better water quality,improve fish habitat,provide for healthier wetlands, and support vibrant riparian areas. This project will restore nearly eight cubic feet per second(CFS)of water to the Deschutes and Crooked Rivers.The public will see the benefits of the project through improved habitat in the Deschutes River through Sawyer Park,Tumalo State Park,Cline Falls State Park,and Steelhead Falls,and in the Crooked River through Smith Rock State Park. We are pleased to have the opportunity to express our support for this project,and we appreciate your consideration of our comments. Sincerely, SCONE CAB w SUN 2 4 Z°14 Ryan Houston Executive Director Upper Deschutes Watershed Council PO sox 1812 BEND,OR 97709 I 700 NW HILL ST. BEND,OR 97701 www.restorethedeschutes.org 24 June 2014 RE: Change Land Use Code to Make`Outright Use' for Piping irrigation Canals (COID Juniper Ridge Phase II) Deschutes County Board of Commissioners Attn: Nick Lelack Bend,OR 97701 Submitted electronically Dear Commissioners: I wish to comment on the referenced matter before the Board of Commissioners at a July 2,2014 meeting&hearing.Previously,the Planning Commission in a 4-0 vote refused to approve a land use text amendment for Phase II of the Juniper Ridge. I urge the Commission to approve the proposed text amendment and thus, support Central Oregon Irrigation District's continued long-term efforts to conserve valuable water, produce new renewable electricity,restore upper and middle Deschutes River stream flows,support reintroduction of anadromous fish runs and support sustainable agriculture and municipal development. My reasons supporting`outright use' land use language are summarized below: - Is consistent with other land use allocations within the County Plan regarding `outright use' for ditch piping; - Corrects an unfortunate error(s)in County code during the recent past for the two Urban Area Reserve zones; - Helps the County meet its stated Plan goals for water conservation, stream restoration, fish restoration and new renewable electricity production; - Helps the County as a part of the Deschutes water Alliance to assure water for future agricultural,economic and municipal needs; - Irrigation Districts `right to pipe' and thus eliminate a man-made water feature has been litigated in Federal Court by Swalley Irrigation District&others; and - The benefit to a few landowners without a`water or feature right',is trumped by the broader societal benefits accrued over decades with fish and stream restoration, local food and agricultural production, family enterprises and conserving water for future multiple uses. Although I serve,without pay,on the Deschutes River Conservancy Board of Directors I do not have,nor will I receive,any financial or other benefit. Tens of thousands of residents and countless others will be enriched with the knowledge that streams are being restored,water conserved and society as a whole will benefit for generations to come. For over four decades I lived and worked in eastern and central Oregon.It is wonderful to see the restoration of our streams and wild lands and re-introduction of fish and wildlife species as well as the resurgence of local agriculture and family-owned food sources. In closing I urge you to over-ride the Planning Commission' earlier vote and establish that piping is an outright use in the two Urban Reserve Zones described. Sincerely, /s/Gregory R. McClarren 65491 Bay Breeze Rd. North Bend,OR 97459 541-923-6670 RON ANGELL 4 McNary Lane Sunriver, Oregon 97707 (541) 593-3242 Mailing address: 18160 Cottonwood Rd.#721 Sunriver, Oregon 97707 June 25, 2014 Alan Unger, Commissioner Tammy Baney, Commissioner Tony DeBone, Commissioner Dear Commissioners: I am writing this letter in support of the Central Oregon Irrigation District's proposed project to install a pipeline, in place of its open canal, in the Juniper Ridge area. _ I believe that the conversion of open canals to enclosed pipelines is one of the most important things we can do to enhance the Deschutes River. If we are stymied in doing this, it will be a tremendous setback to all the efforts to significantly improve water quality and instream flows in the Deschutes. As a resident of the area which lies upstream from Bend, I fully support the collaborative efforts of government agencies, conservation groups and the irrigation districts to bring meaningful improvements to the river. The property owners who oppose the project acquired their properties with full knowledge of the existence of the easement which allows the Irrigation District to legally make the changes to which objection is now taken. To allow these few individuals to stop a project so important to the community as a whole would, in my view, be a real injustice. Yours truly, Ron Angell E SC JuN 4 20 0 wir r Water Resouriig Oregon �'•'n"'e�"-'L� � John A.Kitzhahet,MD,Governor 2315W 5calehouse Loop,Suite 103 Bend OR 97702 541-306-6885 April 23,2014 Paul Blikstad Senior Planner Community Development Dept. 117 NW Lafayette Ave Bend,OR 97701 RE: Text Amendment TA 13-4 Hearing before the Planning Commission on March 27,2014 Dear Paul, I have some general comments and corrections related to the statements made by several folks at the planning commission hearing on March 27th,2014 regarding the Central Oregon Irrigation District proposed text amendment for the comprehensive plan. Jeff Perrault most notably characterized the leakage from the canal system as a substantial source of groundwater recharge for the Deschutes Basin aquifer. Although,it is true that leaky canals do provide localized recharge to the groundwater system,it is this leaking that is a severe detriment to the streams below the diversions on the Rivers. There is very little groundwater return flow to the Deschutes River until a few miles below Lower Bridge area contrary to his statement. This is well documented and to characterize the groundwater return as"immediately below diversion"exaggerates the amount greatly. Exaggeration of the effects of the proposed section of canal to be piped by COI called the Juniper Ridge Phase 2 was blown way out of proportion. This proposed piping will prevent seepage to the aquifer but will not on its own be measurable to the groundwater system. What is most important is the improvement in the stream flow where it is significant and can be directly measured as a benefit. His April 10th letter stating that only 1.6 cfs is to be put instream is false. There will be 7.98 cfs conserved water and the instream benefit will be in both the Deschutes River and Crooked River via a replacement with North Unit Irrigation district Water Rights. There are many sections of leaky canals,laterals and field applications and they will remain leaking for as far as humanly possible to predict. The 30,000 wells he references in the basin don't all rely on the recharge and only a small fraction benefit from the leaky canal system. He distorts the magnitude of canal leakage recharge with natural recharge to further his cause. He attributed a"fact"about 800 cfs being captured from outside the basin to Bob Main. This is not correct;this quantity of water was determined by the USGS during the groundwater study. I have no idea why he attributes this to Bob Main. Unfortunately, he never met Bob. April 23,2014 Blikstad,Paul Page two I have been working in the Basin for 24 years directly on restoring and improving stream flow where a little improvement makes a big difference. I have seen streams that used to be dry have water in them year round. This is directly attributable to canal piping and all the work that the various basin stakeholders have endeavored to improve. Many,many hours of conversations,relationship building, trial and error,coaxing and bargaining have been spent trying to improve streamfiow and it is so disappointing to hear the pure sophistry being bandied about over a cause for such a few citizens for purely selfish reason. Bruce White said it best,"that you can't compare Swalley's piping to COI's piping and draw the same conclusions." I couldn't agree more. There were references made to the effects of the remaining patrons in Swalley after the district piped. Swalley's facts are very different from COI's. Swalley returned 1/4 of their natural flow to instream which reduced their diversion rate significantly. COI is proposing to return about 0.9%of their diversion rate. Remaining patrons will see no difference in deliveries. Again,the distortion on the facts was way out of proportion. Mr. Ed Elkins said Swalley put 82 cfs instream. This is incorrect;they put in about 26 cfs with their piping project. I would be happy to explain my experience and knowledge to you if you desire. Sincerely, 247' Kyle Gorman Region Manager—South Central Region BLACK BOCK U 0 N S U L T I N (3 July 2, 2014 Honorable Board of County Commissioners Deschutes County Deschutes Services Building 1300 NW Wall Street, 2"d Floor Bend,Oregon 97701 SUBJECT: TESTIMONY OF KEVIN L.CREW,PROFESSIONAL ENGINEER, REGARDING THE CENTRAL OREGON IRRIGATION DISTRICT PIPING TEXT AMENDMENT REQUEST Dear Honorable Board of County Commissioners: I am a professional engineer licensed in the State of Oregon(and three other states). I have 28 years of experience in water resources engineering in the West,and have practiced engineering in Central Oregon for 16 years with an emphasis on irrigation district and municipal engineering services. I have been in responsible charge of over $250MM in water resources projects. I have designed and managed the construction of multiple irrigation projects in Central Oregon including 4(four)hydroelectric power projects,4 (four) fish screening projects at irrigation district intakes, 16 reinforced intake structures and exit structures including direct river diversions,miles of municipal and irrigation district piping projects ranging from 12-inch diameter to 108-inches in diameter, and more than 5-miles of shotcrete canal lining projects. 1 support COID's Text Amendment 13-4 because piping conserves water while also improving irrigation conveyance safety and system operation. The conserved water becomes mitigation that may be used to"stretch"fixed basin supplies,restoring our river flows, improving the local fishery,and making more water available for other uses while maintaining the supplies necessary for irrigation. I have prepared several elements of testimony and facts regarding the subject matter. Each element is addressed and attached separately. Should you have any question on these information pieces, I would be glad to provide further information on this critical matter. S' erely, r: GtN14 vin L. Crew, P.E. Principal . - . Attachments � WWII C 20380 Halfway Road Suite#1 041-14.,, Rend, Oregon 97701 (541)480-6257 (866)591-1513 Fax } I RELATIVE PROJECT COSTS FOR THREE PROJECT ALTERNATIVES 1. PROJECT AS ORIGINALLY PROPOSED AND DESIGNED The following analysis indicates the estimated project cost for the base project design that involves the installation of a reinforced concrete forebay and 108"diameter steel pipe from the proposed forebay downstream to connect to the existing Juniper Ridge Phase I project pipe. The estimate assumes that the pipe is installed largely on the surface of the bottom of the existing canal with no appreciable excavation. This cost estimate was developed based upon my experience with identical projects in Central Oregon and with the input of a large local excavation company that has performed recent identical work including the installation of the Juniper Ridge Phase l pipeline. CENTRAL OREGON IRRIGATION DISTRICT JUNIPER RIDGE PH.II PREUMINARY DESIGN SUBMITTAL PRELIMINARY/CONCEPTUAL CONSTRUCTION COST ESTIMATE 8-Jan-13 Updated from 2010 Version BLACK ROCK CONSULTING Construction Item Quantity —Units Cost/Unk Subtotal Cost T Earthwork and General Construction 1. Mobilization 10% of Total $543,790.00 2.Clearing and Grubbing 1 LS $60,000.00 $60,00moo 3.Excavation,Backflil,Compaction of Pipeline 50,000 CY $19.00 $950,000.00 4.County Road Crossings(Assumes Processin(Only) 1 EA $10,000.00 $10,000.00 5.Backfill Existing Forebay to Finish Grade(Optional) 11,000 CY 515,00 $165,000.00 6.Scarify,Backfill and Compact Berms above Forebay 10,000 CY $15.00 $150,000.00 7.Restoration/Seeding 11.5 $200,000.00 5200,000.00 Pipe(Steel( 8.108"Dia.Pipe Including Welding and Delivery _ 4,100 LF $759.00 53,111,900.00 Pipe Appurtenances 9.Conn.and Appurts.to Exist.KOB"Steel Pipe 1 1.5 510,000.00 510,000.00 10. Furnish and Install Air/Vacuum Relief Assemblies 2 EA _ $60,000.00 $120,000.00 11.Furnish and install turnout assemblies,complete _ 3 EA $10,000.00 $30,000.00 Proposed Forebay 12.Furnish and Install Reinforced Concrete Forebay 1.000 CY $400.00 $400,000.00 13.Backfill at Forebay 4,000 CY $19.00 $76,000.00 14.Relocate Existing Forebay Telemetry 1 LS $20,000.00 $20,000.00 15.Furnish and Install ForebayTrash Rack/Catwalk 1 LS $120,000.00 $120,000.00 16.F&l Forebay Misc.Appurts.and Safety Devices 1 LS $15,000.00 $15,000.00 Contingency(1/2013) 6% of Construction $358,901.40 Final Engineering,Permitting,Construction Management 3% of subtotal $190,217.74 Geotechnical $5,000.00 Construction Survey • Access Road Construction 540,000.00 TOTAL $6,581,309.14 7/1/2014 2. PROJECT WITH PIPE LOWERED 7-FEET TO MINIMIZE BERM BACKFILL OVER PIPE The following analysis provides the estimated project cost for the base project design plus the additional cost of rock removal,excavating,trenching and rock crushing to lower the pipe an additional 7-Feet into the canal bottom, thus reducing or eliminating the "berm over pipe"effect of the base design. This option would require written permission for the landowners for project excavation. This cost estimate was developed in conjunction with a local construction company familiar with similar construction in Central Oregon, CENTRAL OREGON IRRIGATION DISTRICT JUNIPER RIDGE PH.II PREUMINARY DESIGN SUBMITTAL PREUMINARY/CONCEPTUAL CONSTRUCTION CAST ESTIMATE -LOWER PIPE ON 7 FEET June,2014 BLACK ROCK CONSULTING Construction Rem Quantity Units Cast/Unit ,Subtotal Cost Earthwork and General Construction 1. Mobilization 10% of Total $638,790.00 2.Clearing and Grubbing 1 LS $60,000.00 $60,000.00 3.Excavation,Backfill,Compaction of Pipeline 50,000 CY $19.00 5950,000.00 4.Drill,Shoot,Excavation,Haul,Process Recornpact 19,000 CY $50.00 $950,000.00 5.County Road Crossings(Assumes Processing Only) 1 EA $10,000.00 $10,000.00 6.Backfill Existing Forebay to Finish Grade(Optional) 11,000 CY $15.00 $165,000.00 7.Scarify,Rackfill and Compact Berms above Forebay 10,000-CY $15.00 $150,000.001 8.Restoration/Seeding 1 LS $200,000.00 $200,000.00 — Pipe(Steel) 9.108'Dia.Pipe Including Welding and Delivery 4,100 LF $759.00 $3,111,900.00 Pipe Appurtenances 10.Conn.and Appurts.to Exist.108"Steel Pipe 1 L5 $10,000.00 510,000.00 11. Furnish and Install Air/Vacuum Relief Assemblies 2 EA $60,000.00 5120,000.00 12. Furnish and install turnout assemblies,complete 3 EA 510,000.00, 530,000.00 Proposed Forebay 13.Furnish and Install Reinforced Concrete Forebay 1,000 CY $400.00 $400,000.00 14.Backfill at Forebay 4,000 CY $19.00, $76,000.00 15,Relocate Existing Forebay Telemetry 1 LS $20,000.00 $20,000.00 16.Furnish and Install Forebay Trash Rack/Catwalk 1 L5 5120,000.00 $120,000.00 17.F&I Forebay Misc.Appurts.and Safety Devices 1 IS $15,000.00 $15,000.00 Contingency(1/2013) 6 96 of Construction $421,601.40 Final Engineering,Permitting,Construction Management 3% of subtotal $189,559.02 Geotechnical $5,000.00 Construction Survey $5,500.00 Access Road Construction $40,000.00 TOTAL $7,688,350.42 7/1/2014 • 3. PROJECT MODIFIED FOR SHOTCRETE LINER VERSUS PIPE The following analysis provides the estimated project cost for lining the canal segment versus piping the segment. Black Rock Consulting has designed significant shotcrete lining projects in Central Oregon and has experience with the longevity of and maintenance of shotcrete liners in the aggressive Central Oregon climate. These projects include a 5-Mile long fibermesh-entrained shotcrete lining project on the North Unit Irrigation District canal (2011),a 300-FT long canal shotcrete project on the Central Oregon Irrigation District's canal at the NC-2 Falls(2010), and a 500-FT long project on the Swaney Irrigation District main canal (2000). Shotcrete liners generally increase flow velocities and can increase flow velocities and the risk of drowning. Fencing along lined canals is recommended to mitigate safety risks in urbanized areas. Additionally, liners in general do not allow for pressurization of the water therefore do not provide for hydroelectricity generation. In the case of the subject piping project the proposed segment not only conserves significant water,it optimizes the existing Juniper Ridge hydroelectric project production and allows for the payback of capitalized facilities. The considered liner for the subject canal segment is a fiber-mesh reinforced shotcrete liner applied to a minimum thickness of 5"on the bed and banks of the canal. Preparation of the banks(i.e. sloping them and compacting them) is required prior to application of the shotcrete. It was also assumed that a pipe drop structure would be required to interface between the shotcrete lined section and the existing Juniper Ridge I pipeline. Based upon Central Oregon experience,shotcrete has an effective life of approximately 20-years. Annual maintenance is required to seal cracks in the liner to achieve the 20-year life span. Commensurate with the expected life of the steel pipeline (60-years),three shotcrete application cycles were included to achieve a total lining life of 20-years. The following estimate is in 2014 dollars. 7/1/2014 CENTRAL OREGON IRRIGATION DISTRICT JUNIPER RIDGE PH.I1 PRELIMINARY DESIGN SUBMITTAL PRELIMINARY/CONCEPTUAL CONSTRUCTION COST ESTIMATE -SNOTCRETE LINING ALTERNATIVE 1-Jun-1.4 BLACK ROCK CONSULTING Contraction Item quantity Units Cast/Unit ,Subtotal Cost Earthwork and General Construction 1. Mobilization 10% of Total $167,500.00 2.Clearing and Grubbing 1 LS $100,000,00 $100,000.00 3.Backfill Existing Forebayto Finish Grade(Optional) _ 11,000 CY $15.00 $165,000.00 _ Shotcrete Application 4.Preparation and Application 5"Minimum Shotcrete 230,000 SF $5.50 $1,265,000.00 Pipe Appurtenances 5.Drop Pipe Connection to Existing 108"Pipe at Forebay 1 IS $100,000.00 $100,000.00 6.Furnish and install turnout assemblies,complete 3 EA $10,000.00 $30,000.00 Entrance Structure 7.Furnish and Install Entrance Key 1-1-5 $15,000.00 $15,000.00 Contingency 6% of Construction $110(550.00 Final Engineering,Permitting,Construction Management V6 of subtotal _ $156,244.00 Geotechnicai — $15,000.00 Construction Survey $5,500.00 Access Road Construction $40,000,00 SUBTOTAL $2,169,794.00 RECURRING O&M OVER 60 YEARS 60 YR $30,000.00 $1,800,000.00 REMOVE AGED SHOTCRETE(3 CYCLES) 3 L5 $350,000.00 $1,050,000.00 REPLACE SHOTCRETE(2 CYCLES) 2 LS $1,426,50000 $2,853,000.00 TOTAL $7,1172,794,00 ( 7/1/2014 In summary, the options have the following characteristics: Option Capital Cost Over Base Replacement Period O&M Annual Cost Conservation Benefits 1.Original Design Intent $6,581,309 0% 60 Years $4,000 100% 2.lower Pipe 7-FT $7,688,350 17% 60 Years $4,000 100% 3. Shotcrete Lining Option" $7,872,794 23% 20-Years Cyclical $30,000 70%to 90%O&M Driven 'Shotcrete lining capital cost includes two cyclical replacements at 20-year increments- , 1 I i i it 1 a 7/1/2014 EXISTING JUNIPER RIDGE HYDROELECTRIC POWER PLANT SIZE VERIFICATION The Central Oregon Irrigation District's Juniper Ridge Hydroelectric Power Plant was originally designed by Sunrise Engineering. The set of drawings known as the Permit Set was dated August, 2009 and submitted to Deschutes County for review and approval. Sheets,PH1 (Sheet 66 of 119), P115 (Sheet 70 of 119), and PH8(Sheet 73 of 119), provide the dimensions for the power house that was submitted for review and ultimate approval by Deschutes County(see below). These drawings provide for floor dimensions (outside of wall to outside of wall)of 52-FT x 40-FT and a maximal vertical height from finished grade of 29-FT 10-IN. On June 19,2014,I visited the Juniper Ridge powerhouse and performed gross measurements of the structure exterior. Those measurements matched the dimensions found on the Permit Drawings for the structure as approved by Deschutes County, Oregon in 2009. I M it .. t® - \:.) w - r- I .4, 'r, , ))I ,'I '---_,.. 1, i ::..QC.) ,, '"'' .: 'II i;:.: w ° II !Ir �--- .,. naaRww•ww FLOOR&&MOLL CAM G4it r.. {4 r_ • - ) nut'I --- -- i i 7/1/2014 ... .1.•, =V?" _ . i' .. M-r t it I .7f r c ,rimr• i — I --- -.. 1....., ,..,. ,._[ ,1.15:;.–"T!•_._- hr DAM/046.v 111- - • --- - ...- - - - CA: IEGTioN-NARA pi.pr•MOLL CASE EINICOMENT OM ' .•;u141(12.. .)....... i..v.::.1/44.400,,,, wv...-c.,..4...-: .....r. i - ■ i • II\ _ .I,. ' ...„ . •* 1.1 I 2 I . ml?--A-— -. '. .1 i 2126 -.mg.- 1. ._....1.__ :._. .4,_. dr- , ....:-.L.,_ ... ...,,. ..... ...„., iiEca' . , al..IMM •00.4AA.•_ .... ..--71.7...::' V t,, I 1.... I U ' ;wee,.-.: ' Nos: j . . 7te-i7 'm*;:7'—'7.-6:: ' III, "\11;! 1 1- I/: 1'- -1i=1., ,,m,„ .:,...... ... . ';-1.1•;•.-N 9.0,1ula,,,.,/.... - .-J.. -- ...4 . 1 - 0••?...114.t_tWOI rl.apt•71.1•0•IF oliCit.W•AT•■•• 011KAPSUNIA! .......... -5:711 ••••alsramw ar.f.orrra•••••loc. 7/1/2014 COID JR II PIPE SIZING ANALYSIS The selection of a pipe material and size (or diameter)is based upon a variety of factors including: • Expected pressure inside the pipe, • Expected static and dynamic loads(like soil placement over the pipe and traffic impact loads on the pipe), • Volume,rate and frequency of conveyance of the fluid inside the pipe; • Friction factor of the pipe material, • Available"head"(or elevation differential), • Freeze and thaw, • And other factors. Pipe material options for conveyance of water in the flow rate range conveyed by the Central Oregon Irrigation District(potentially in excess of 600 cubic feet per second- CFS),are limited to steel, fiberglass, and reinforced concrete. Steel is the most viable pipe material as the joints for fiberglass pipe and reinforced pipe are not as resilient as fully welded steel joints. Welded steel pipe is typically lined with epoxy or polyurethane coating (paint). Given the presence of pumice(floating silica material)and other sediments in the irrigation water being conveyed,the design limited velocities to 5-10 feet per second (common maximal velocity criteria for design)to try to limit the exposure of the steel pipe coating to high velocity abrasives. High velocity abrasives will erode the pipe lining that is essential to protect the steel from corrosion deterioration. For the Juniper Ridge Phase II pipeline project, a 108-IN (9-FT diameter)pipeline would carry approximately: • 318 CFS at 5 feet per second; • 636 CFS AT 10 feet per second (aapproximately the water right of COI for the Pilot Butte Canal), • These rates are consistent with the anticipated flow range in the canal. • A smaller pipe would have a smaller cross sectional area,therefore the acceptable velocity range would be exceeded to convey the required COI water. For these reasons,a 9-FT diameter steel pipe was selected. This diameter and material also matches the existing Juniper Ridge Phase I pipe material and diameter for ease of installation and connection during construction of Phase II. 7/1/2014 INTAKE STRUCTURE DESIGN IN ACCORDANCE WITH PIPE DEPTH The project intake(forebay)area westerly of Old Deschutes Road is characterized by a rocky basalt channel segment that slopes from west to east. Although there are several design elements regarding design of an irrigation canal intake, one of the most important is insuring depth of water over the intake pipe. The primary purpose of depth of water surface over an intake pipe is to try to prevent"vortexing"of the water influent to the pipe. Vortexing is the swirling of water into an intake that introduces air through the center of the vortex and inhibits the water entering the intake pipe. This situation can also create noise such as"burping"at the intake. The associated head-loss reduces the capacity of the piped system and therefore can be very problematic. How problematic depends upon the size and frequency of the vortex. To mitigate the potential for vortexing, intake structure geometry,radiused pipe entrance at headwall,and depth of water over the pipe intake(1 1/2 times the pipe diameter)are all critical measures to prevent vortexing and to establish desirable Bernoulli flow lines into the pipe. To achieve depth of water over the top of the proposed Central Oregon Irrigation District pipe at the intake/forebay,the relationship of the canal water surface incoming to the forebay versus the pipe elevation is critical. Black Rock Consulting has evaluated the forebay area and has found that the length of the forebay is affected by the depth of the pipe. If the pipe were excavated into the existing basalt,the length of the forebay could be shorter to achieve the needed depth of water surface over the pipe. The length of this shorter forebay version could be in the approximate 100-FT length range. If no excavation of the pipe were performed(i.e. the pipe were sitting on the bottom of the canal),then a longer intake structure would be required to achieve the necessary water surface over the top of the pipe. The length of this longer forebay version is 350-FT. Examples of pipe cross sections for a pipe installed on top of the existing canal bottom and a pipe installed in a trench beneath the canal bottom are included below. The forebay is a reinforced concrete structure with vertical side walls(ranging from 10- FT to 20-FT in height and end wall (the"head wall"—approximately 20-FT in height). The exposure of the walls and headwall is dependent upon how much earth material is placed around it as backfill. The current design intends to backfill the walls to approximately 1/2 of their height yet with landowner permission this height could be increased. This backfill material could be landscaped to further break-up and screen the structure. 7/1/2014 II 11. .. , ,_, . 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's :,../,',0•.:(c. „.1trirgt,'".. /';,; . .- '.1V4,,;•'''',,),..V,,,,k,,,f,,%:„...;;,2,,.' 4.i. , 'A.:2•'/`45-;.41A+et.,11r#* • .),:"; 2-0.,....N., ",;:>' ' ''''L.001§4ArAfto 41',•• ..-A::,,•, i ,..''''**:.i...,,, : • k N/kk.,••- , • ::::•••;,,,,\:,.,,..-,..;;;" •,....,,,..),,,,..,•>'„,,,,...,..-..k..../ ,,,, ' . .\''•--' •:.-3,-',:>e• • ;:•.•,...;>:::,&,,•••„,„ ,---- I, ,:.,,1•:0:,:,':::,:,%.'::w. ...., ' ....,#0.e?eAee,•,.,: • • • ••,:;•,,,,•,:,,,..,•• , tr,8 -ij 1 .m.'‘"'" '', .•:,.k.% A irmr*,/,'4,.'.'.',.';' .• .p.4ni':i - ,-0 4%.g.•:, ,,'.•'' ::s';.;<,::::.4;;; 1>--- i•,,, .',' ,,,,,,f.V... ; . ,.';'.... •(:•.*"..e..,■' " .,:?.. .;"?,;,‘:'''• ..:.,..,,,, ,,., .. ...,' g / , ,it•': 1. • :-.- -0 • ., ....* • • ,,, ' ,.. 7/1/2014 LANDSCAPING AND WATER FEATURES ALONG PROJECT LENGTH The backfill for the project base design involves a"prism"of compacted materials around and over the pipe with the finished surface being a minimum of 3-Feet above the pipe. Topsoil provides the uppermost 6-inches of material to provide for vegetative growth over the installed pipeline. Treatment of the backfilled material along the project with vegetation is customary,although the prognosis for establishment of the vegetation is generally dependent upon the weeding and watering program that is implemented following seeding. As the project involves a pipeline that conveys water and must be accessed in the future, low-lying vegetation with shallow root systems is recommended. A three year weeding program is also recommended. Generally,native seed mixes with bunch grass and/or other grasses is preferred. The project design includes the installation of topsoil and seeding the disturbed construction area with native seed mix. Temporary establishment watering and a weeding or herbicide regime are also planned. A water feature along the canal would require a water right. Water rights are granted by the Oregon Water Resources Department for beneficial use projects,therefore static water features that are not used for irrigation purposes are not likely to be approved. Creation of a small surface system for delivery of local COI water rights(currently delivered by Avion)would be problematic due to canal liner deterioration over a 20 year period,animal damage to small canals, evapotranspiration, vandalism, water warming and increased algification probability, safety due to attractive nuisance,and"carry water" loss. This last issue relates to the need to add additional water to the canal to reliably carry the full water right of the last patron on the canal to that patron. For these reasons, especially as the project intends to conserve water and additional surface water features would lose water,pursuing creation of surface water features is not recommended as part of this project. 7/1/2014 cITYOF city of Priri eville 1 U 3g7 NE THIRD STREET • PRINEVILLE.OREGON 97754 IME1 a OFFICE OF THE MAYOR ryry Phone: (541)447-5627 FAX:(541)447-5628 C �N I IIJ EMAIL:broppe( cityofprinevillc.com Web Sitc:www•.citvofprinevilic.corn June 16,2014 Nick Lelack Director,Community Development Department Deschutes County 117 NW Lafayette Ave Bend,Oregon 97701 Re: COLD Application Pending for TA 13-4,BOCC Public Hearing July 2.2014— City of Prineville Submittal to the Record Dear Mr.Lelack: I am writing on behalf of the City of Prineville in support of Central Oregon Irrigation District's (COID or District)Juniper Ridge Project,and to respectfully encourage the Deschutes County Board of Commissioners to approve the District's recommended text amendment so Phase II of this important project can be constructed in the upcoming construction season. The City of Prineville takes water conservation seriously. We have initiated a series of actions to strengthen our water resources management and improve fish and wildlife habitat in the Crooked River. Our City is conserving water to manage our demands,developing new wells to bolster our existing supply,and collaborating with many of the irrigation districts in Central Oregon, including COMD,to make all of these solutions work better. The District's Juniper Ridge Project will yield meaningful benefits,including real water conservation,renewable hydropower generation,and enhanced fisheries habitat in the Deschutes and the Crooked Rivers. We understand that COID, in collaboration with the Deschutes River Conservancy and North Unit Irrigation District,has developed a plan to transfer some of the water conserved from Juniper Ridge Phase II to North Unit. These water supplies will enable North Unit to reduce the amount of water it diverts from the Crooked River,leaving more flow instream for salmon, steelhead and recreation.The State of Oregon,the Deschutes River Conservancy,Confederated Tribes of Warm Springs,and many other local,state and federal agencies,support this innovative plan. We do,too. This organization is an Equal Opportunity Provider The City of Prineville is pleased to be a part of the Deschutes and Crooked River Basins' efforts to cooperatively and creatively solve our common problems. We support COJD's proposed text amendment so the District can construct this important water conservation project.On behalf of the City of Prineville,I encourage the Board of Commissioners to approve it quickly. Sincerely, / Ofiat Betty Roppe,Mayor / This organization is an Equal Opportunity Provider , . .„ I ,,,,,,,\ WARM SPRINGS POWER&WATER ENTERPRISES P.O.BOX 960 •WARM SPRINGS,OR 97761 z000fot4sN OFFICE: (54 1)553-1046 Fax: (541)553.3436 June 16,2014 Nick Lelack Director,Community Development Department Deschutes County 117 NW Lafayette Ave Bend,Oregon 97701 Re: COLD Application Pending for TA 13-4,BOCC Public Hearing July 2.2014— Portland General Electric Co pane Submittal to the Record Dear Mr.Lelack: Warm Springs Power and Water Enterprises (WSPWE), a wholly owned entity of the Confederated Tribes of Warm Springs, respectfully encourages the Deschutes County Board of Commissioners to approve Central Oregon Irrigation District's (COID) proposed text amendment for their Juniper Ridge Project, Phase H. WSPWE supports this valuable project because of its numerous environmental and economic benefits for Central Oregon. WSPWE has a long history of successful collaboration with Central Oregon,including many of its cities, counties, irrigation districts, and organizations such as the Deschutes Water Alliance, Deschutes River Conservancy, and the various watershed councils. Our investments in rebuilding salmon and steelhead habitat through financial grants from the Pelton Water Fund have resulted in significant improvements to the water quality and quantity in the rivers and streams throughout the Deschutes Basin. WSPWE and our partners,Portland General Electric, fully supports COID's Juniper Ridge Project,and has committed funding for Phase 1 and Phase II of the project. In our experience with Deschutes Basin, piping irrigation canals are one of the most efficient and cost effective means available to conserve water that is lost to seepage. We understand Phase IT of the project will result in the return of up to 8 cfs of water permanently into the Deschutes and Crooked Rivers. Coupled with the recent completion of Phase I,these two phases will result in the return of up to 27 cfs in these two rivers, while ensuring that the economically important irrigated agriculture community still receives their full allocation of water. If we look basin wide, water conservation projects such as this have returned nearly 150 cfs of water to the Deschutes and Crooked Rivers. The improvements to COID's conveyance infrastructure, with the resulting increase in water left in- stream is especially critical during the summer and fall months for both resident fish and anadromous fish.These enhanced river flows will be a key component to restoring the habitat so critical in the N.Lelack June 16,2014 Page 2 success of the salmon and steelhead reintroduction program above PGE's Pelton Round Butte Hydroelectric Project. It also provides this benefit while enabling the irrigation district to continue to meet the water-use needs of its members which supports the region's economy. For these reasons, WSPWE encourages the Board of Commissioners to approve COID's proposed text amendment so the District can construct this important water conservation project which will benefit all of Central Oregon. Respectfully, JO' �m Manion General Manger C: Deschutes County Board of Commissioners r . „ p �� • 1 MF "'M, a,. •. A• •r n M @ w Gnw @ a r' A L F d � - b M s w � G N H �, "1�. ^a NM' !Y t A M A N M 1 , „ @fir �`• *� \wy 0 J� a P SP• • w �w W I I PROPOSED CENTRAL OREGON IRRIGATION DISTRICT -JUMPER RIDGE PROJECT—PHASE II PERSPECTIVES RELATIVE TO POTENTIAL IMPACTS ON GROUND WATER, CONSERVATION FOCUSED ON INSTREAM FLOW RESTORATION, CANAL = 1 LINING AND PIPING 1 t July 2, 2014 1 I a .. IIF � r S yITIP` ` cwt 9975PE 4144 / (MEC fl ,'. DAVID1 jWTD'Ilk `sg iNI toer 9 19-tt, 4,I ,, E-49,A ,/^, Pio J.Nee 1 EXPIRES - 4---' ,,,----'=_J__ , Prepared for: r1Commissioner Alan Unger Commissioner Tammy Barley t Commissioner Tony DeBone c/o Nick Lelack, Community Development Director 117 NW Lafayette Avenue IBend, Oregon 97701 1 I Prepared by: Newton Consultants, Inc. - I P.O. Box 1728 Redmond, Oregon 97756 d ' Project No. 1157-101 1 1 ' PERSPECTIVES RELATIVE TO POTENTIAL IMPACTS ON GROUND WATER BY THE PROPOSED CENTRAL OREGON IRRIGATION DISTRICT JUNIPER RIDGE II PIPING PROJECT CENTRAL OREGON CANAL July 2,2014 INTRODUCTION Project Description The Central Oregon Irrigation District (COID) proposes to implement its Juniper Ridge II project. The main goal of this project is to pipe a 4,500 foot-long unlined reach of the Pilot Canal into a pipe to eliminate seepage from this canal reach into permeable volcanic rock. The amount of seepage reduction is estimated at 7.95 cubic feet per second (cfs). This amounts to an approximate annual water volume (over the 180-day irrigation season) of approximately 2,833 acre-feet. The proposed project is one of several conservation projects planned by the COID, as well as other irrigation districts in the upper Deschutes Basin as part of regional planning actions intended to generate water supply for present and future needs, including stream flow restoration. The proposed COID project is located in an urban area of northeast Bend. Open canals inside or in close proximity to urban areas have high piping priority for the COID, based not only on seepage reduction and efficiency improvements in permeable volcanic terrain, but also on public safety concerns, urban encroachments upon and into COID maintenance easements which increase maintenance costs, and reductions in maintenance effort and cost associated with unlined,open canals. Information provided to Newton Consultants, Inc. (Newton) indicate that arguments against the ' project include potential adverse impacts to property values, loss of visual values, loss of wildlife attraction and reduction of artificial recharge by canal seepage and related declines in ground water levels. Reports on hydrology and ground water in the upper Deschutes Basin prepared by the U.S. Geological Survey (USGS) in cooperation with the Oregon Water Resources Department (OWRD) were referenced in arguments relative to ground water declines. Ground water declines due to climate variations(approximately 60-70%of declines), canal piping(about 10%) and increased ground water pumping (about 20-30%) are reported by the USGS in cooperation with the OWRD. To date, the OWRD has not placed restrictions on ground water withdrawals in the upper Deschutes Basin due to ground water declines. The OWRD has established mitigation requirements for new ground water permits to offset ground water pumping effects on surface waters. Juniper Ridge II Project Page 1 Perspectives on Canal Piping& Lining ' July 2, 2014 of conservation planning in the upper Deschutes Basin has, since the 1960's, and The focus o conserve p g pp , continues to be on restoration of stream flows for fish, wildlife, water quality and recreation. The primary source of water for flow restoration has and continues to be seepage reduction in unlined canals. Purpose 3 This narrative is intended to provide some perspective on ground water declines,the role of canal piping and lining in responding to present and future water needs in the upper Deschutes Basin 3 and existing OWRD restrictions on ground water use in areas of the state subject to ground water declines. Summary discussion points include: • Ground water declines have occurred in the upper Basin as reported by the USGS in cooperation with the OWRD in their respective scientific roles ('Analysis of 1997-2008 Groundwater Level Changes in the Upper Deschutes Basin, Central Oregon", Scientific Investigations Report 2013-5092, 2013). • Although ground water declines have occurred, restrictions on ground water use through I critical or limited ground water area designations as in other areas of the state have not been established in the upper Basin by the OWRD in its regulatory role. Restrictions are established in the upper Basin that requires mitigation of ground water pumping impacts on surface waters (Oregon Administrative Rules Chapter 690, Division 505- 0500). 3 • The upper Deschutes Basin has a highly effective natural ground water recharge system and a relatively robust ground water system. Agricultural water use for irrigation far exceeds municipal and domestic water use and most agricultural water supply by a large margin is from surface water sources. Ground water demand is limited primarily to municipal and domestic use and some agricultural irrigation. Ground water use is a small fraction of the average annual recharge to the ground water system. • Ground water demand in the upper Basin could be roughly 70,000 — 80,000 acre-feet 3 per year (probable high end, considering USGS data for 2008, USGS estimate of 7% increase per year to 2008 for municipal use, extended to 2014; and then assuming annual increase of 3 percent for municipal use during recession years 2008 to 2014) compared to average annual recharge of roughly 1.9 million acre-feet per year allowing for a climate-related reduction of 25 percent in recharge since 1979 (USGS, Special Investigations Report 2013-5092). Ground water demand is primarily for municipal and domestic uses. Ground water is a relatively small component of upper Basin water use and average annual natural recharge to the aquifer system. Annual natural recharge is 24 to 27 times the estimated ground water use. • Eight irrigation districts in the upper Basin are suppliers of water for approximately 151,000 acres of appurtenant water rights from strictly surface water sources. Figure 1 shows the area of the districts in the upper Basin and provides an idea of how this area Juniper Ridge II Project Page 2 Perspectives on Canal Piping&Lining July 2, 2014 1 1 compares to areas of ground water restrictions in other parts of the state. Irrigation water annually diverted from surface sources by the irrigation districts was estimated by ' the USGS at approximately 770,400 acre-feet in 1994 (USGS Water Resources Investigations Report 00-4162). Leakage through the bottoms of canals was estimated ' by the USGS at 356,600 acre-feet in 1994. Canal leakage was reported at 46 percent of the total volume of water diverted from streams into the canals. ' • Regional water resources management planning from the 1960's to date for improving water supply reliability for agriculture, fish, wildlife, recreation and water quality is based largely on water conservation by seepage reduction in unlined canals. ' Conservation by reducing seepage losses in canals has long been recognized as necessary for responding to these needs. ' PERSPECTIVE ON GROUND WATER DECLINES: Pre-Canal & Post-Canal Conditions Pre-Canal Conditions: Ground Water System Equilibrium Irrigation district canals for distribution of irrigation water from diversion points on the Deschutes River near Bend were mostly constructed early in 1900. Canals for the North Unit Irrigation District were constructed in the mid to late 1940's. Before any canal construction, the ground water system in the central area of the upper Deschutes Basin was in a state of ' equilibrium according to variations in climate and recharge at that time. Ground water pumping was very limited and had little impact on the state of ground water equilibrium at that time. ' Post-Canal Conditions: Ground Water Equilibrium After canal construction, water seepage from the unlined canals in the central area of the upper Basin added a new component of artificial recharge to the ground water system in this area. It is logical to expect that this artificial recharge changed the state of equilibrium in the ground water system, manifested through either increased ground water levels, increased aquifer capacity, or both. Over the years following canal construction and its introduction of additional, artificial recharge, conservation and increased ground water pumping would logically reduce artificial recharge and related benefits. ' Post-Canal Conservation In the late 1950's and 1960's, farmers in the area began to convert irrigation practice from flood irrigation to sprinkler irrigation in order to improve irrigation efficiency. These changes reduced artificial recharge to some degree by eliminating direct flow of water across crop lands and 1 related deep percolation into the ground. Water conservation by reducing seepage losses in canals was also under much consideration. The Bureau of Reclamation (BOR) published its report "Upper Deschutes River Basin Water Conservation Study Special Report" in 1997. This report is based on an appraisal level ' evaluation of water supply needs in the upper Deschutes Basin and conservation opportunities Juniper Ridge II Project Page 3 Perspectives on Canal Piping&Lining July 2,2014 1 for responding to the water supply needs. The report contains an extensive inventory of canal �� g pP Y eP ry lining projects with projected savings in conserved water that are sufficient for responding to water supply needs at various degrees for three different alternatives. The BOR also considered potential effect of seepage control and other water conservation measures on aquifers in the Deschutes Basin and found that the degree of impact could not be quantified at that time. The BOR acknowledged that ground water in the basin area apparently receives some recharge from canals, laterals and on-farm seepage losses. The 1997 Special Report states that the quantity of this seepage loss was estimated as the amount of water savings possible under various seepage control measures, and that this volume can be assumed as the maximum quantity of water that recharges the local aquifer system. The report also states that it is more probable that a lessor amount of seepage water actually reaches the local aquifer to provide some ground water recharge. Early in the first decade of 2000, irrigation districts began piping canal segments to improve I water conveyance efficiency. To date, roughly 51,000 acre-feet of water has been conserved through canal piping and lining projects. Allocation of conserved water to instream flow in the middle Deschutes River below Bend is a major component of increased flows in the middle Deschutes River below Bend, from a historical July average of about 40 cfs to a current July range between approximately 120 and 150 cfs. Canal piping by the Swalley Irrigation District contributed 38 cfs of conserved water to the middle Deschutes River. Canal piping by the Tumalo, Three Sisters Irrigation Districts and Central Oregon Irrigation District contribute significant conserved water to Tumalo Creek(approximately 10 cfs), Whychus Creek(at least 15 cfs) and the middle Deschutes (approximately 25 cfs), respectively. These water allocations were made through the OWRD Allocation of Conserved Water Program(Oregon Administrative Rules Chapter 690, Division 018). This is a substantial step toward fulfilling the 250 cfs instream flow right requested by the Oregon Department of Fish and Wildlife. This is also a goal of the Deschutes Water Alliance. Conservation: Re-Adjustment of Ground Water System Equilibrium +�■ On-farm changes in irrigation practice and canal piping/lining have reduced the amount of artificial recharge added to the ground water system in the central area of the upper Basin aquifer system. The logical and expectable response is change in the new state of equilibrium that developed when the canals were constructed and artificial recharge began. We can expect that the aquifer system will begin to adjust back toward the original state of equilibrium that existed prior to the canal systems and related seepage losses. It is logical to expect that some component of ground water declines is due to this shift back toward pre-canal aquifer conditions. I Adjustment in the new state of equilibrium will also occur due to ground water pumping. Increased Ground Water Pumping: Re-Adjustment of Ground Water Equilibrium j In the 1970's residential development increased in rural areas. Water supply for rural homes was provided by domestic wells. Rapid growth in the 1990's to around 2007 resulted in substantial increases in ground water pumping. The USGS reports a 60 percent increase in ground water pumping between 1994 and 2008 (USGS Special Investigations Report 2013-5092). Increased Juniper Ridge IT Project Page 4 Perspectives on Canal Piping&Lining July 2, 2014 I 1 ground water pumping can also shift the new state of equilibrium of the ground water system in the central area of the upper Basin toward the original state before the time of canals and ' significant ground water pumping. In other words, increased ground water pumping reduces the benefit of additional artificial recharge by leaky canals. It is logical to expect that the benefit of ' artificial recharge is decreased and system equilibrium is shifting back to conditions before any canal construction. This situation can result in decline of ground water levels. The significant increase in ground water pumping may even result in regression from the original state of ' equilibrium. The question is whether the change in artificial recharge and increased ground water pumping is a problem that should preclude water conservation by reducing seepage losses in unlined irrigation canals. The USGS reports ground water declines in the upper Basin with more significant declines occurring in the central area of the upper Basin (USGS Special Investigations Report 2013- ' 5092). It reports that climate variation is the major influence on ground water declines across the upper Basin. Additionally, the USGS does suggest that reduction in artificial recharge by canal piping and ground water pumping has significant influence on declines in the central area of the ' upper Basin based on model simulations. Decreases in recharge due to on-farm losses through deep percolation of applied irrigation water were included in the model simulation process; however, these losses were small and considered negligible by the USGS. Declines are occurring. It is logical to expect that part of the decline is re-adjustment of the aquifer system to pre-canal equilibrium conditions, which in itself is not necessarily a problem. Ground water pumping can accelerate this re-adjustment. The extent to which this is a problem can be considered by recognizing where the Oregon Water Resources Department (OWRD) has developed and implemented ground water management programs. ' OWRD Designated Areas of Restrictions on Ground Water Use Due to Declines The OWRD has designated certain areas of the state as "Critical Ground Water Areas" and as "Limited Ground Water Areas". In addition, the Oregon Department of Environmental Quality has designated certain areas of the state as "Ground Water Quality Limited Areas". Restrictions ' on ground water use apply to these areas due to declining water levels or water quality degradation. These areas are shown on the attached Figure 1. ' The Deschutes Basin, including the upper Basin area is not subject to any of the above ground water restricted designations. Some ground water restrictions do exist in the upper Deschutes Basin, however, which require mitigation of ground water pumping effects on surface waters for new ground water permits(OAR 690-505-0500). PERSPECTIVE ON CONSERVATION PLANNING IN THE UPPER DESCHUTES ' BASIN Confederated Tribes-Environmental Defense Fund ' The Confederated Tribes of the Warm Springs Reservation (the Tribes) and the Environmental Defense Fund (EDF) authored the report "Restoring Oregon's Deschutes River", October, 1995. Juniper Ridge 1I Project Page 5 Perspectives on Canal Piping& Lining July 2, 2014 ................... I These two entities collaborated since 1992 in promotion of sustainable development and protection of ecosystems in the Deschutes River Basin, with emphasis on water and fisheries resources. The report documents environmental conditions and trends in the Basin, focused on instream flows and water quality. Bureau of Reclamation 3 The Bureau of Reclamation has long recognized the need for improving water supply in the upper Deschutes Basin. Studies date to the early 1960's on concepts for improving water supply reliability and responding to various water demands in the upper Basin. The BOR documents "Special Report on Potentials for Expansion and Improvement of Water Supplies, Deschutes Project, Central Division, Oregon, 1972" and "Upper Deschutes Basin Water Conservation Study, Special Report, Crook, Deschutes, and Jefferson Counties, Oregon, 1997" include comprehensive analyses of water conservation projects involving seepage reduction in unlined irrigation canals. The 1997 Special Report was prepared for the following purposes: "The purposes of the study were to (1) to improve the reliability of irrigation supplies and (2) to improve the availability of water for other uses, including instream flows, through increased water use efficiency in the upper Deschutes River basin. Specifically, the study examined increasing winter flows in the Deschutes River downstream from Wickiup Dam and increasing summer flows in the Deschutes River downstream from North Dam (a diversion facility just north of Bend, Oregon). Improved instream flows would enhance fish and wildlife resources, recreation and water quality. " (Current planning and conservation efforts in the upper Basin include focus on increasing winter flows in the Deschutes River downstream from Wickiup Dam and increasing summer flows in the Deschutes River downstream from the North Dam in Bend. To date, summer flows in the middle Deschutes River below the North Dam have been increased through canal seepage reduction and leases from a historical July average of 40 cfs to a current July range of between 120 and 150 cfs). 1 The 1997 Special Report presented three alternatives for responding to the two stated purposes of the study: ! 1. $10-Million Alternative to conserve up to 65,000 acre-feet annually; "....minimum monthly instream flow objectives are achieved only slightly more often than under baseline conditions"(BOR); 2. $20-Million Alternative to conserve up to 121,270 acre-feet annually; "....substantial I improvements in monthly instream flows occur, and target flows are met in most years" (BOR); and 3. $100-Million Alternative to conserve up to 267 875 acre-feet annually; "....significant $ P Y � improvements over baseline conditions are realized. Average monthly flows are the highest of the alternatives tested and most closely resemble flows under predevelopment conditions"(BOR). Juniper Ridge II Project Page 6 Perspectives on Canal Piping& Lining July 2,2014 3 I IAll three alternatives are based on extensive canal piping and lining projects. 1 Deschutes Water Affiance Planning and development of water supply solutions continued after the BOR 1997 Special Report through efforts of the Deschutes Water Alliance (DWA). These efforts are building on and refining the work of the BOR's 1997 Special Report. The Endangered Species Act(ESA) and the Clean Water Act (CWA) and other regulatory issues bring more focus on fish, water quality and stream flows, bringing more impetus to regional water resource planning and irrigation districts for reducing canal seepage and contributing i I conserved water to instream flows. The only viable and most practicable source of water for the quantities needed and/or requested is reductions of canal seepage. 1 The DWA originated in August 2004 under a Bureau of Reclamation Water 2025 Challenge Grant to implement the project `Deschutes Water Alliance: Formation and Pilot Water Bank". The grant scope included five planning studies, the development of a pilot water bank and the establishment of the DWA as a regional forum to address long term water supply issues in response to rapid growth, increasing water demand and increasing water conflict potential in the ' upper Deschutes Basin. Membership includes the Confederated Tribes of Warm Springs, the cities and counties of the upper Basin, 7 irrigation districts, private water companies and the Deschutes River Conservancy(DRC). DWA goals are to: ' 1. Secure and maintain stream flows and water quality in the Deschutes Basin for the benefit of fish,wildlife and people. 1 2. Secure and maintain a reliable and affordable supply of water to sustain agriculture. 3. Secure and maintain a safe, affordable and high quality water supply for urban communities. IThe five planning studies and synthesis of study results completed under the grant are listed below, I1. Irrigation District Water Efficiency Cost Analysis and Prioritization; an evaluation and prioritization of opportunities to save water through piping and lining of canals, laterals 1 and ditches, as well as through on-farm conservation technologies. 2. Future Groundwater Demand in the Deschutes Basin; assessment of the water supply t needs, quantity and timeline of the Basin's regional urban suppliers and water users outside urban growth boundaries. ' 3. Reservoir Management; assessment of potential gains from optimization of existing reservoirs and their potential impact on improving flow and water quality. 1 4. Growth, Urbanization and Land Use Change: Impacts on Agriculture and Irrigation Districts in Central Oregon; an inventory of amounts, patterns and rates of district water A L , , Juniper Ridge II Project Page 7 Perspectives on Canal Piping& Lining IJuly 2,2014 1 3 rights becoming surplus due to urbanization or other changes in land use patterns in g g s� Central Oregon and corresponding impact on district assessments. 5. Instream Flows in the Deschutes Basin: Monitoring, Status and Restoration Needs; analysis of water needed to meet instrearn flow targets for fish and wildlife and an assessment of monitoring and measurement needs required to verify flow and water 3 quality outcomes related to instream flow restoration. 6. Synthesis Document: Long-Range Water Resources Management in Central Oregon: Balancing Supply and Demand in the Deschutes. The above studies provided the measurable outcomes relative to water demand as well as identification and quantification of supply opportunities. The synthesis uses the data and findings of the studies to examine the question of whether a long-term balance between demand and supply is possible and, if so, under what circumstances. The planning studies provided broad-scale analysis of present and future water needs for agriculture, municipal and instream purposes, and impacts of urbanization on agriculture and irrigation districts. Water supply needs to 2025 were estimated at approximately 260,000 acre feet. The studies explored methods (water banking, instream leasing, conservation and reservoir management) of reallocating existing supplies for new and emerging demands. The studies provided refinement of the earlier BOR 1997 Special Report seepage reduction opportunities and developed an initial prioritization of conservation projects based on canal piping in the upper Basin irrigation districts. Study results led to water management mechanisms and several conserved water projects that respond to water supply needs and DWA goals. Action Plan; COID, OID, SID j The "Action Plan" developed by the Central Oregon, Ochoco and Swalley Irrigation Districts under a BOR Water 2025 Challenge Grant included a more detailed examination of opportunities for reducing seepage losses in canals. This work resulted in a more refined list of prioritized conservation projects based on canal piping and cost/benefit considerations. Since the "Action Plan", districts have developed even more refined plans and priorities for piping canals to reduce seepage losses. The basis for additional refinements included measurement of seepage losses. Deschutes River Conservancy—Deschutes Water Planning Initiative The Deschutes Water Planning Initiative (DWPI) implemented by the DRC in 2012 and 2013, built upon the prior DWA studies and brought together the DWA and other Deschutes Basin stakeholders to bring additional focus on water supplier goals and further refine a range of unmet water management needs. Goal-setting with individual stakeholders more clearly reflected their water needs including instream, agricultural and municipal. Water management scenarios for achieving unmet needs are being developed and analyzed. Water needs were updated to the year 3 2050 based on needs refinements and significant instream flow contributions from conservation Juniper Ridge II Project Page 8 Perspectives on Canal Piping& Lining July 2, 2014 I 1 achievements since 2006. Updated water needs are summarized below along with the original need estimates of 2006. NEED TYPE ESTIMATED NEEDS(20061 UPDATED NEEDS ESTIMATE TO 2050 Agriculture 33,610 AF 55,000 AF ' Instream Flow 196,171 AF 160,000 AF Groundwater Mitigation 28,767 AF 15,000 AF TOTALS 258,548 AF 230,000 AF ' COMPLETED CONSERVATION, TRANSFER, LEASING and POWER PROJECTS Planning to develop a framework for a regional water resource management plan revealed opportunities for responding to the DWA goals. Many of these opportunities have been implemented contemporaneously with planning, contributing to each of the DWA goals. Since 2005 irrigation districts have taken unprecedented steps to conserve water and improve fish and ' wildlife habitat. Over $35 million in state, federal and hydropower mitigation grants has been secured by stakeholders to implement water supply projects stemming from studies and related planning. Water allocated to instream flow is summarized below for conservation, transfers and leases by DWA members. CONSERVATION TRANSFERS LEASING PROGRAM TOTALS ' 51,000 AF, 130 cfs 4,462 AF, 12.83 cfs 20,501 AF,60 cfs 71,528 AF, 192.83 cfs The original instream water needs were estimated at 196,171 acre-feet by the 2006 DWA grant ' studies. The total volume of instream flow allocations above suggest that remaining instrearn needs could be around 120,000 acre-feet (depending on several considerations relative to timing and duration of flows for fish and wildlife needs under various water management scenarios). ' PERSPECTIVE ON CANAL LINING VERSUS CANAL PIPING Lining Lining canals is intended to reduce seepage by sealing the bottom and sides of canal channels ' with liners. A principal drawback in linings is safety hazards in urban areas. Safety hazards are increased over unlined canals by smooth sidewalls with increased difficulty in escapement from canals and higher flow velocities due to lower friction losses between flowing water and the liner. Drawbacks with liners also include need for continued maintenance to account for weathering, deterioration and cracking of canal liner materials over time. ' Traditional canal lining materials typically include compacted earth, reinforced or un-reinforced concrete and buried geomembranes. For many projects, these materials are not always viable in ' the upper Basin because they are either not locally available, too expensive or require extensive over-excavation and easy access for heavy equipment. The issues of access and over-excavation become important drawbacks when considering lining of canals in urban environments. The BOR conducted multiple studies under the "Canal-Lining Demonstration Project"between 1992 and 2000 whereby a variety of lining materials were tested in 18 sections of canals in the ' upper Basin. The study looked at less expensive alternative canal lining materials that were Juniper Ridge II Project Page 9 Perspectives on Canal Piping& Lining July 2, 2014 easier to construct with limited access and were more compatible with severe rocky subgrades such as the fractured volcanic rock commonly found in Central Oregon. These alternative options included: 1) fluid-applied membrane; 2) concrete alone; 3) exposed geomembrane; and 4)geomembrane with concrete covers. Of these four options, the concrete with geomembrane underliner provides the best long-term performance. The effectiveness at seepage reduction is approximately 95 percent, while long- term durability ranges from 40 to 60 years. The concrete protects the geomembrane from mechanical damage due to weathering, animal traffic, construction equipment and vandalism while the geomembrane provides the water barrier. However, operations and maintenance costs can be high with open canals using concrete given the frost heave situation that occurs annually in the Central Oregon climate and damage to liners by ice. Water accumulation beneath liners through cracks brings freezing and liner heave, resulting in deterioration and loss of liner effectiveness. District records and experience indicate durability of 20 years at a maximum for these lining options in Central Oregon with 15 years being the average. Lining of canals does not address a key component in urban and agricultural areas. Urbanization brings a substantial list of issues relative to concentrated public presence and activity in areas bordering canals, including trespass and safety. Lining of canals does not address water quality problems that may occur in urbanized and agricultural areas due to close proximity of roadways and bridges along with runoff from urban and agricultural lands. In urban areas, this infrastructure presents potential contamination sources in the form of runoff from parking lots, streets and bridges. Clean Water Act -inspired water quality regulations bring more responsibilities to irrigation districts, which also brings additional water management and infrastructure challenges to the districts, leading to more comprehensive criteria for decision- making in regard to lining and piping choices in urban areas. The Oregon Department of Environmental Quality (ODEQ) is establishing Total Maximum Daily Load Limits (TMDL) for certain water quality parameters on the Deschutes and Crooked Rivers and their tributaries. These TMDL's will establish the basis for water quality management plans for these streams, which can include provisions to be addressed by the irrigation districts, industry and communities. Pipe I Piping of canals shifts water conveyance from open canals to buried pipelines, eliminating open canals and related operations and maintenance issues in urbanizing areas. Piping of canals has the added advantage of providing pressurized water (energy conservation) created by gravity flow through a fully enclosed conduit. This can either eliminate the need for irrigation pumps at turnouts, or significantly reduce power demand and related costs associated with sprinkler systems by supply of pressurized water from the canal pipe rather than by an irrigation pump. Canal piping can also provide opportunities for low-head hydropower generation in canals with j sufficient elevation drops. The power produced from these plants can help offset the cost of piping construction as well as irrigation operating costs. Hydropower revenues also provide the benefit of capital cost recovery. Improving water conveyance efficiency by canal piping brings a wide range of benefits, including: Juniper Ridge II Project Page 10 Perspectives on Canal Piping&Lining July 2, 2014 1 • Eliminates the public safety hazard that exists with both lined and unlined canals in or ' near urban areas; • Life expectancy of buried pipe is at least 50 years, substantially greater than the life of liners as experienced by local irrigation districts; • Generation of water for instream flow and other district water needs; ' • Eliminates evaporation losses that occur in open canals (including lined canals); • Will substantially reduce or eliminate operations and maintenance requirements and costs ' in urban areas; • Water conveyance inside a fully enclosed pipe provides gravity pressure (not available in open canals) with energy conservation benefits when sprinklers can be operated directly off water pressure in the pipe; • Improves reliability of water delivery and improves control of water delivery to more closely match demand fluctuations, which reduces need for additional transport water ' flows that are required in open canals; • Provides the opportunity to develop small hydropower facilities for revenue to help districts respond to increasing costs due to urbanization and new and changing regulatory ' requirements, and to help finance conservation projects; • Piping is a logical and practical solution for water conservation, improved delivery efficiency, energy conservation, reduced operations and maintenance and reduced safety ' concerns in urbanizing areas. ' CONCLUSIONS Regional water resource management planning from the 1960's to date for responding to water supply reliability for agriculture, fish, wildlife, recreation and water quality is based largely on conservation through seepage reductions in unlined irrigation canals. Reducing seepage losses in unlined irrigation canals is recognized through conservation planning by the Tribes together with the Environmental Defense Fund, BOR, DWA and DRC as necessary to generate the volumes of water needed for improving water supply reliability for agriculture and for responding to instream flow needs in the upper Basin. Regional planning efforts recognize that reducing seepage losses will reduce artificial recharge to the ground water system in the central area of the upper Basin. Ground water declines have occurred in the upper Basin as reported by the USGS in cooperation with the OWRD in their respective scientific roles. Declines are reported by the USGS to reflect impacts of climate variation (approximately 60-70% of declines), seepage reduction in canals (about 10%) and ' increased ground water pumping(about 20-30%). Although ground water declines have occurred, restrictions on ground water use through critical ' or limited ground water area designations as in other areas of the state have not been established for the upper Basin by the OWRD in its regulatory role. Restrictions are established in the upper Basin that requires mitigation of ground water pumping impacts on surface waters (Oregon Administrative Rules Chapter 690, Division 505-0500). Juniper Ridge II Project Page 11 Perspectives on Canal Piping&Lining ' July 2,2014 I Generally, canal linings to reduce seepage losses can be installed at lower capital cost than piping in the larger canals; however, linings in urban areas increase public safety hazards and bring a limited range of benefits for the cost relative to canal piping. Canal piping in urban areas is much more consistent with criteria for selecting seepage reduction methods for canals in urban areas and brings a wide range of benefits for the cost. Piping brings opportunities for energy generation through hydropower and opportunities for energy conservation through containment of water inside the pipe, resulting in pressurized water, which can reduce or offset pumping requirements by irrigators to operate their sprinkler systems. Hydropower also brings revenues for use by districts in recovering cost of hydropower plant construction and for use in responding to infrastructure needs, including canal piping, to effectively convey irrigation water through urban areas to the outlying agricultural irrigation areas. Water conservation, energy conservation (reduction in irrigation pumping costs by delivery of 3 pressurized water in piped canals) and power generation go hand-in-hand with planning and implementation of canal piping projects. The ultimate benefit potential of piped canals far exceeds that of lined canals,particularly in or near urban areas. The proposed piping by the CGID for the Juniper Ridge II project is consistent with recognized conservation needs for responding to water supply needs in the upper Basin, is consistent with irrigation district criteria for seepage reduction in canals located in or near urban areas and is consistent with overall near and long-term cost-benefit criteria that must be considered in deciding on seepage reduction methods in or near urban areas, and in rural settings. 3 3 I I I I I Juniper Ridge II Project Page 12 Perspectives on Canal Piping&Lining July 2, 2014 3 Oocurner3t V s rckk.oe Poorly rch i 8.�11pa11si capL ].,IBlrasWSafW11m IB1 FI oymoRw,U 15M p1fl5at.es 444410 I -111111111- /fly, ggliF p a 1111 IP; 8 1 k �• N a A e 1 8 eaa, • d P/ NEWTON State of Oregon -Groung Water Restriction Map CONSULTANTS INC. COID Juniper Ridge Project Earth.Water Ind Rock Speok:diml �n Phase II SWIMJ Fax srl 80.4061 DESIGNED BY MUWa BY DATE: pOOJEGTep 0.Newton S.Schenck JUNE 2014 1157-101 FIGURE 1 �, C /J f �� CBOC's Meeting Wednesday July 2, 2014 Much similar to Mirror Pond and the Deschutes River water themed neighborhoods, our family with five daughters, decided 20 years ago to settle along the Pilot Butte Canal. We chose this area to raise a family and enjoy the open spaces, privacy, quiet setting, wildlife and natural beauty. In short, is was "Livability" that brought us here. Quietude in quick order replaced a faster paced life left behind. Again similar to fellow Bendites living along the Mirror Pond and g g g Deschutes River and cany on neighborhoods, we paid a significant premium to live along the canal. We find it interesting that Bend City Councilor Mark Capell who is not the chair and without the canal piping issue on the council agenda, found it imperative to push a vote throwing our Canal Neighborhood under the bus. Has the Bend City Councilor like you, walked this section of the canal for himself? Has he like anyone without any skin in the game, found it more convenient to play with your poker chips without risking his own? He said he had done his homework when he stated that property values will not be affected. In that case he might want to have a conversation with his own assessor. Imagine if you will, a nine foot pipe covered with three feet of pea gravel, six more inches of dirt and topped with weeds snaking through the Mirror Pond and Deschutes River canyon neighborhoods. Would Mr. Capell have us believe their property values wouldn't be affected and this 12 foot monster would be good for the community? One begins to wonder what his real agenda is and where he does his homework. We further question his motive in pushing this cowardly vote without informing the public in advance. All of my neighbors consider themselves conservationists, supporting many species of diversified wildlife at their expense, with natural habitat set aside on each propert14. The canal along with the banked riparian habitat supports river otters, endangered pigmy rabbits, bald eagles, deer, foxes, & myriad bird species including Mallards, Osprey, Ring Neck Pheasants, Mt. Swallows and Waxwing. (PICTURES) Suddenly last summer with just 2 months' notice, we along with our fellow neighbors, some of whom have lived in this neighborhood close to 40 years, were confronted with a letter from COID, stating their plans to destroy the crown jewel of our community. They had previously done the same downstream with Phase I, replacing several miles of open canal and a thundering 18 foot waterfall with a graveyard. They scorched the earth building a hydroelectric plant as a revenue generator for themselves and their customers. Unfortunately it turned out to be an Albatross, similar to what Swaney Irrigation discovered soon after building theirs. There wasn't enough head pressure or volume to maximize the plant's output. The plant was designed for a 5.0 Megawatt Turbine, but produced just 3.3. Was this a design error, overbuilding or were they planning on building Phases I, II & Ill all along? When County Planning Commissioner Dr. Powell asked their General Manager Mr. Johnson this pointed question, he refused to answer. It took the fourth and penultimate County Commissioner's meeting before COID even mentioned the word hydro-electric plant. They talked about everything else e.g. water conservation, fish, spotted frogs, public safety and the like, but ne'er a word about that 26 million dollar taxpayer funded block house downstream. We were further galled to discover that the Bureau of Reclamation (BOR), the State Historic Preservation Office (SHPO), and COID had conspired together, in a backroom deal, to draft a Memorandum of Agreement (MOA). The MOA would enable COID to destroy the Phase II section of the historic Pilot Butte Canal, despite SHPO earlier recognizing the unique preservation value of this section. They negotiated and formalized the MOA without informing any local government or agency, or any of the property owners themselves. Despite Federal disclosure laws, the affected property owners still have not heard from the BOR to this day. We only discovered this when we petitioned SHPO for any and all information related to any Section 106 filing for the project and they sent us a copy of the MOA. Commissioners, I assure you our jaws dropped when we saw what these parties had conspired together and consummated last September while keeping us completely in the dark. LUBA this past March, after nearly a year's worth of analysis, found against COID for misleading and misrepresenting their true intent. Like the "Emperor has no Clothes" they exposed COID's smoke screen for what it was, smacked them for this deceit, and remanded the entire issue back to the County. They further clarified that the Land Use Compatibility Statement did not come close to meeting all applicable codes despite COID's claiming otherwise. In summation they told the county that COID cannot go forward with their present application, without making another application specific for hydro- power use. This fact makes us all wonder, why they continue to push ahead with this application, when at the end of the day, they are going to have to start over. In an attempt to coerce the 7 Planning Commissioners in ignoring this State of Oregon ruling, COID's attorney stated that LUBA didn't matter and urged them to move on. In a further attempt to intimidate the Planning Commission, their attorney wrote that COLD wasn't going to pay any attention to the County's ruling, since COLD was adhering to so called Federal Rights that trumped the state & county. In a response, Deschutes County Counselor Laurie Craghead stated that this assertion was untrue and baseless. In effect she wrote that if this were so, why was COLD wasting everyone's time making application for permitted use in an SR 2.5 Residential Neighborhood? After five meetings (two of which COID disrespectfully failed to show up), the Planning Commissioners unanimously voted against COID's application. In their comments they made it clear they didn't approve of COID's clear objective, to do an end run around the public's right to input concerning piping & hydroelectric power, in residential city and county neighborhoods. Together the 7 stood for public participation in any and all local land use decisions. They further stood by the County's own Conditional Use Permit 19.100.030 A, B & C that in a nutshell lists these 3 imperatives: impact on property values, livability & aesthetics. They too stood firm backing the county's directive 19.100.080 that for nearly two pages in detail, states why a hydroelectric plant doesn't belong in a residential neighborhood. Lastly, they didn't buy COID's claim that their real motivation was conserving water in the Middle Deschutes, public safety, and conservation. They questioned why, with 440 out or 450 miles of canal already permitted for piping, COID continued to pick the most pristine, historically intact and unique 3 mile stretch in all their system to destroy. Within this ribbon of water are found two post card worthy cascading waterfalls. COID particularly chose both to scroll on the cover page of their company website. It is there for all to see to this day. Sadly, they destroyed the lower falls where Phase I ends and Phase II begins, turning it from a water garden into a graveyard. The public picnicked and camped there, but no more. Imagine what an addition this would have been to Juniper Ridge and moving OSU's school of higher education there? The 2nd and remaining cascade is scheduled for similar destruction with the completion of Phase IL (PICTURES) No true conservationist would do this! By the end of months of testimony, their actions spoke louder than their coyly framed words. Their real intent couldn't be missed despite their constant efforts to conceal it. When the present Pilot Butte Canal hydroelectric plant is paid off it will provide COID one million dollars a year in income. By piping Phase II and later Phase III, they'll increase the water volume and head pressure, bringing the plant up from 3.3 to full maximum 5 Megawatt production. The money they make will benefit their agency, investors, and customers. Not one penny will go to the public, nor compensation to the families whose property values will plummet. This is especially galling when they used not their own, but tax payer dollars to build and pipe this hydroelectric plant. The public will gain nothing other than having their pockets picked once again. According to their own website, they are planning six more hydroelectric plants and in their Manager's Report dated March 11, 2014, under the rubric "Challenges", they said that they are working on a partnership with Apple Computer, for the development and construction of hydropower facilities in irrigation canals for Central Oregon. COID ends by saying they will benefit from this arrangement. Incidentally, these incriminating sentence have now been removed from their website. Despite being handed two consecutive defeats, they continue to exhaust themselves & everyone else, on the same overworked and time worn themes. Here is one: public safety. A thorough check of the records reveals there are more accidents involving the Deschutes River in a typical month, than there have been collectively in the last 40 years of the Pilot Butte Canal. I have five children and eight grandchildren, all but two of whom live in Bend. Six of them range in ages from 1 to 7 years. All thoroughly enjoy our yard along the canal and with proper instruction, safety has not been an issue. Since we are on the topic let's talk about a real public safety issue that COID has never mentioned. It is the proposed intake, forebay and earthen dam. You have seen the Phase I forebay with your tour and have seen pictures of what it looks like six months of the year when it is empty of water. (PICTURES) At first sight it is shocking. It is about 50 feet across, several hundred feet long and has 30 foot rock walls that drop vertically to a flat rocky floor. The entire forebay is bounded on three sides with a razor-wire topped cyclone fence. The fourth side is wide open with no impediment. Children will simply walk from the upstream and open side facing that 30 foot drop. Making matters worse COID is planning with Phase II drawings, to build a 1O&30o foot concrete block house structure that begins at 1.0 ft in height on the upstream end and ends downstream approximately 20 feet or more in height. Imagine what fun some kids could have trying to scale this structure, with a precipitous drop-off waiting on the other side? Connected upstream from this cement forebay will be an earthen dam that will run 500-600 feet in length. It will be just shy of 10 feet in height when it attaches to the hardened block house intake structure. The USDA July 2005 report on Earthen Dams & Reservoirs TR-60 lists three types of dams: Low, Significant and High Hazard. High Hazard is defined as: "Dams located where failure may cause loss of life and serious damage to homes...." The report went on to state that earthen dams are the riskiest type of structure that can be used to impound water. There are numerous examples of such structures failing catastrophically, most notably the Johnstown flood in Pennsylvania, the St. Francis dam failure in California and the Teton Dam failure in Idaho. As an aside, we homeowners approached our home insurance companies to see what they thought about an earthen dam in our back yards. One homeowner was told his homeowners insurance would be cancelled outright. Others of us were told we wouldn't be cancelled, but flood damage wouldn't be covered. We found we could purchase flood insurance that's underwritten by the Federal Government, under the National Flood Insurance Program, but there are tons of restrictions and coverage is capped at $250,000 regardless of the value of our homes or the extent of damages. Two days ago I asked COID's GM if they were going to indemnify us if the earthen dam breaks. The answer was no. It is obvious he doesn't own a home along the canal. Were this earthen dam to fail, tens of million gallons of water would flood our urban neighborhood, before the diversion valves 3 miles upstream could be shut off. Asking that you three fast track their request to build this extreme hazard by any means possible, with their TA13-4 application, is the height of irresponsibility and complete disregard for public safety. We property owners own the canal bed of the pilot Butte Canal. We pay taxes on that ground the same as any other on our property, and have faithfully done so for decades. COID has an easement to maintain the open canal as a means of conveying water to patrons who use it for irrigation; nothing more By law COID is not allowed to excavate the bed of the canal, or change its integrity in any way, without our written permission. COID's past GM agreed, in front of me and the Planning Commission during our canal tour this past March. He later supported this law during an oral lecture he gave at McMenamins in April. Nevertheless, in full violation of the law, COLD excavated the bed and sides of the canal behind the Swans property, without notice or an agreement while the Swans were on vacation. You heard yourselves from Del & Lou Swan what COID's response was when confronted. Further, COLD last summer mailed letters attempting to intimidate owners into granting them this right. They purposely mislead, telling some home owners they should get on the bandwagon and sign, since their neighbors had. Sadly that wasn't true. Liz Dixon, COID's attorney in a lecture on land use & easements, delivered February 10, 2012 in Sunriver said this: "Owner of property with no encumbrances holds all of the rights to the property..." She further went on to state under rules of easement item #3: "Remaining dominion over the land rests with the servient landowner." That's us. Recently we home owners applied to both the County and City for Historical Designation. We filled out a lengthy & detailed application, obtained over 100 home owner's original signatures and paid the city's $2,643.00 fee and the county's $530.00 fee. Suddenly out of the blue in a desperate move, both the city and county received a letter from COlD's attorney, declaring themselves "co-owners" of our properties. As such they conveniently claimed, the historical designation application couldn't go forward without COID's approval. Even risking the erosion of their mantra as conservationists, they refused to sign on. Maybe the county should consider sending them a lien for back taxes? As long time property owners, true conservationists and strong supporters of the Bend Community we urge you to reject COID's application to circumvent the public forum. Is it any wonder they have chosen this path, in an attempt to make up for their massive mistake at our expense? As you have heard and read, COID is an entity that has no oversight and is therefore used to getting its way. Their modus operandi like a magician, is to misdirect you to stare at one h dw 1ile pulling off something entirely different with the other. %„not for that hydroelectric plant, would any of us be meeting here tonight? Bullying, intimidating and spreading half-truths along with glaring falsehoods has been their norm. Publically they wave the banner of conservation while quietly destroying it. What a joke! Conservationist don't destroy 110 years of history, wildlife habitat, and cascading waterfalls and replace it with what Planning Commissioner Brown pointedly said, reminded him of the Nazi occupied Warsaw Ghetto. Despite their spin, they are after money. Despite their feigned care for fish, water protection and public safety, at the end of the day, they are just profiteers chasing after the almighty dollar. What they are attempting is an embarrassment to our community as a whole and prompts me to not only ask you to deny their application (which TUBA has already stated is insufficient), but I am further asking COID to stop this outrageous and unjust demand, by withdrawing their application entirely. Do it for the good of the community. Respectfully, Tom Hignell MD 20965 Country View Lane Bend, Oregon 97701 • BRUCE W. WHITE , ATTORNEY, LLC July 2,2014 Hand Delivered Deschutes County Board of Commissioners 1300 NW Wall St., Suite 20? Bend,OR 97701 Re: COID Text Amendment TA 13-4 Dear Chair Baney and Commissioners Unger and DeBone: 1 This office represents James and Sheryl Curl in this matter. The Curls own and reside on a 4.08- ' acre SR 2 'A-zoned property at 63545 Overtree Road in Bend that adjoins Central Oregon Irrigation District's Pilot Butte Canal_ Their property is located just"upstream" of the forebay of the current Juniper Ridge Hydroelectric Project and is amongst the properties on which the District proposes to pipe the irrigation canal. For the reasons set forth herein, the Curls oppose the proposed text amendment as it relates to authorizing piping of irrigation district canals as an outright permitted use. They urge you to accept the recommendation of the Planning Commission and to reject the District's proposal. I testified on behalf of the Curls at the February 13,March 13,and March 27 hearings. I supplied written testimony on February 13, March 27, April 11, and May 5, 2014. This testimony supplements that earlier testimony and provides a guide to where that previous testimony is useful. To further fill out the context of these remarks, I represented the Curls in their LUBA challenge to the County's issuance of a Land Use Compatibility Statement (LUCS) indicating that the COLD piping project was an allowed use under Title 18. As you know LUBA rejected the County's finding in that regard and found that the COlD proposal constituted a "hydropower facility"for which a conditional use permit was required in the SR 2 '/2 zone. Because of a health issue I am experiencing, I am not able to be present at this evening's hearing. I have asked that this letter be read into the record as part of the opponent's presentation. If the hearing is to be continued, I would ask that it be continued to the 9`h and to be able to testify in 1 person at that time. In addition, I would ask that the record be held open for a period of 10 days for me to extend these remarks,which are intended as only a highlight on some of the issues. } \\\\\ P.O. BOX 1298 • BEND, OR • 97709 PHONE: (541) 382-2085 { _2_ July 2,2Q14 A. Procedural Issues 1. Hearing issues Because this is a holiday week for many, we are aware that many of the neighbors will not be able to attend this evening's hearing. Accordingly, we would ask that you continue this hearing to a date certain, at either your next Wednesday meeting or the meeting on the following Monday. F a ; 2. Legislative Procedures Apply Because this is a text amendment, legislative procedures apply. That means there is no "applicant"per se and that the Board is under no compulsion to even make a decision one way or another on the proposal. Legislative proceedings are policy-making proceedings. This generally means that there are no pre-set criteria that limit your deliberations, but that any concepts or Iconsiderations that are deemed relevant by the decision-making body may be considered. However, because we are talking about an amendment to the Bend Urban Area Zoning I Ordinance,there are some considerations that must be applied from the Bend Area General Plan. i i Before going into any detail on this issue, I understand that is a disagreement between the City and the County as to which comprehensive plan (between the County and the BAGP) applies. Without a doubt the applicable plan is the BAGP. I find no basis for the City's claim. This is an important distinction because the BAGP includes language and plan provisions that give a greater i emphasis on protection of residential neighborhoods. i I outlined the applicable BAGP plan policies on pages 6-7 of my February 13, 2014 submittal. Of primary importance are the following two policies/ language areas of the BAGP: the 1 recognition in BAGP Table 2-1 and the BAGP Natural Resource Policies of canals as an i important visual open space and secondly the language of Policy l of the BAGP Residential Plan i Policies. As explained further in my February 13, 2014 comments, the BAGP Natural Resource Policy 16 characterizes the canals as equivalent to "rivers and streams" and essentially puts canal 1 preservation on the same footing as river preservation. With regard to the second issue, Residential Plan Policy 1 prohibits the any development or new development standards that would "disrespect the character of existing [residential] areas." Application of just these two I aspects of the BAGP would in my opinion make it difficult for the Board to make findings of compliance for the type of"piping"project contemplated by COID. With regard to other policy issues, there are a myriad of such issues as were brought up in the prior hearings, including: the need to look at the issue of piping comprehensively and to not limit it to just this small canal stretch; the issues associated with groundwater recharge and the losses thereto associated with piping of canals; what alternative areas might be considered for I piping; issues of equity between piping rural properties whose owners would benefit from t reduced irrigation rates (from hydropower revenues) and others such as the Curls and their neighbors who as non-patrons or only negligible water rights holders, would receive only 1 minimal benefits. . I i 1 i i I • _3_ July2,2014 B. Substantive Issues 1. Staff and the Applicant have ignored the existence and importance of basic property rights issues. There is a fundamental issue here of whether COID even has the authority for its proposal,given its property status as only an easement holder in the canal. This issue doesn't arise in most situations, since in most cases, a development proposal involves property in which the developer owns fee title to the subject property. All parties seem to be in agreement that an easement owner, such as COID, can make changes to the manner of use of its easement or to the improvements therein but only so long as those changes do not increase the burdens on the underlying owners, such as the Curls. The record in this case indicates numerous reasons as to why replacing the existing canal with a 9-foot bermed pipe laid in the bottom of the canal would constitute an increase in the burden to the underlying owners. Such burdens include decrease in views across their property because of the change in topography, an increase in the amount of property that the owners would need to take care of with an uneven surface topography that would provide very little, if any benefit to the owners,an A increase in area where weeds could invade, etc. Other concerns in those areas where the canal would not be piped but would be elevated between increased dirt walls would be an increase risk in flooding and the consequent burden of obtaining adequate flood insurance. And finally,would be the burdens associated with a substantial reduction in property values to the underlying owners associated with piping the canals. The issue has largely been ignored by staff and COID. However, before proceeding, COID should be required to demonstrate through a court decree that it would be operating within the scope of its easement by proceeding in the fashion that it proposes. Several years ago the Swaney Irrigation District obtained such a decree in its favor before proceeding with its piping project. However, these kinds of cases are very fact specific and because of factual differences here,the results in the Swalley case are not automatically transferable to this case. The County has demonstrated its own concerns about the scope of easement rights held by easement holders, and in cases where there might be doubt, it has precluded land owners from relying on such easement rights. A case in point is the prohibition in the County's partition ordinance from partitioning land to create another lot where the only access to the new parcel would be from an easement across the land of another. The concern there is that the easement might not allow for burdens associated with additional traffic across the easement and that without a court decree there could be no certainty as to whether the increase in traffic across an easement to serve an additional parcel would be allowable as a matter of property rights. COLD has expressed the opinion that the neighbors can control the degree of impacts on their properties by simply granting permission to COID to excavate below the surface of the existing canal. However, in the absence of any determination that COID has the property rights to do w -4- July 2,2014 what it is proposing, why would any property owner sign away additional property rights to COID? 2. The import of the LUBA decision The last issue I want to touch on today is the import of LUBA's decision in Curl v Deschutes County and its relationship to this case. In one respect, LUBA's decision calls into question whether there is any purpose for these hearings. That is because LUBA has determined that COID's proposal is not a piping proposal but is by definition a"hydropower facility" under Title 19 of the County Code. While LUBA noted in its decision that the argument as to whether the 1 piping fit under the `utility"definition found in Title 19 would have benefitted by argument from COID, it found that even without COID's argument, the definition of"hydropower facility" was a so broad as to make it inescapable that the.project should be so characterized for purposes of i applying the provisions of the SR 2.5 zone to COID's proposal. a I Accordingly, without some corresponding change to the definition of"hydropower facility" that would negate the applicability of that provision to COID's proposal, COID's proposal does not fix the problem it faces from the results of the Curl decision. Such a change, of course would run afoul of Residential Plan Policy I regarding preserving the character if existing neighborhoods and the other plan policies I referenced in my letter of February 13. It would also represent a departure from the idea of protecting the integrity of neighborhoods from unwanted commercial type development. Clearly, there are better places for such development to occur I than in the residential neighborhoods covered by the BAGP. a I I 3. Relationship with City of Bend It is unfortunate that the City has not weighed in any serious manner on this issue. My review of the Council deliberations on this issue is that it was spearheaded by a single councilor without any notice to his fellow councilors and that there was no serious attempt to understand the complexity of the issues or the neighbor's point of view. As such the City's endorsement should be discounted. In my earlier testimony, I indicated that in my opinion,the City of Bend code does not allow for "hydropower facility" in its residential zones. Accordingly, without a code change, pursuant to LUBA's decision in the Curl case, COID could not legally complete those portions of its proposed project that lie within the City in the Canal View subdivision. 1 I Thank you for your consideration of this testimony. i a Sincerely, I Bruce W. White Bruce W.White c.Client 1 I x i Lr/ f "The Greater Good" Good afternoon Chair Baney and Commissioners Unger and DeBone, My name is Jeff Perreault. I live at 20980 Country View Ln. in Deschutes County. I've heard a 1 lot of talk during this process about"The Greater Good", and I want to talk about that tonight. (434 3 A Damage to the aquifer 1 We could talk about the Greater Good with regard to the tens of thousands of people in 1 Deschutes County who get their drinking water from private wells. Many of them have been in Central Oregon for multiple generations. They raised their families, built farms and businesses, I and lived good lives as our friends and neighbors, as your constituents.Now some of them are watching their wells go dry because of"conservation efforts". 1 This situation was predicted by the joint USGS/OWRD 2001 report on the Hydrology of the I Upper Deschutes Basin. The report showed that canal leakage contributed 10%of all recharge to the Upper Basin as a whole,and almost all recharge in the central part of the basin. Lining and piping projects would cut off this source or recharge to the aquifer. In 2013 the USGS published a follow-up report to address declining water levels in the Basin. The report provided evidence 1 that as of 2008 this adverse impact to the aquifer was,in fact, already occurring, and that lining and/or piping projects were a contributing factor to those declining water levels. I've placed 1 those reports in the written record for your review. The 2013 report only included observation well records through 2008. Using publicly available OWRD data, I extended the record through 2013 and sent the findings to you via email. It showed that the damage to the aquifer has continued even though we've been in a climatically wet period for much of the last 8 years. Anyone that would assert that climate is the most important driver of the declining water levels would have to explain why the losses continue 1 while the climate has been wetter than normal for an extended number of years. I iBut back to those folks we were talking about. When those citizens sought some relief they were told that their groundwater rights were"secondary",a fancy way of saying that no one will be held responsible for their loss. Drillers were called in and deepen their wells,but the older wells l were drilled with cable tool drill rigs and typically aren't straight. Drillers don't want to risk 5 putting their rotary drilling equipment down crooked holes,so they told many of the families that they could drill a new well for them,but weren't willing to risk their equipment trying to deepen i the existing one. iI talked to one of the principals of H&H pump,a local outfit that some of you may know.Five 1 generations of the Hunt family have been born and raised in Central Oregon, and they're now 2 x i i 9 seeing a 3`d generation of their family become a part of the business.Mr. Hunt told me that they're now seeing wells 600 to 800 ft. deep going dry in the area between Bend and Redmond. At the current rate of around$40/ft., we're talking about $25,000 to$40,000 to drill a new well. Remember,this is drinking water we're talking about so repairs aren't discretionary. Many of the folks are retired and/or on a fixed income. What do the agencies that are lobbying you to approve any and all piping have to say about The Greater Good with regard to this situation? In-Stream Leasing We could talk about the Greater Good with regard to the In-Stream Leasing program. Today we're seeing the Swalley District cancelling In-Stream Leases and telling their patrons they won't be approving new ones. Privately they're telling patrons this is to push as much water as possible through the hydropower facility to generate revenue. When asked to put this in writing they refused,and for obvious reasons. Imagine the uproar from citizen groups like Trout Unlimited who would go ballistic if they knew this was occurring. One of the patrons,a farmer named Ed Elkins,testified about this in front of the Planning Commission.Mr. Elkins is the largest single user of Swaney water. He used to In-Stream his allotment back to the Deschutes River until Swalley cancelled his lease. 3 Collectively we're not talking about small amounts of water. A recent breakdown by OWRD showed that roughly a third of all protected water in the Middle Deschutes from Bend to Lake Billy Chinook comes from In-Stream Lease transfers, and even this amount used to be significantly larger before the Swalley Leases were cancelled. I'm not sure if COID has cancelled or vetoed any In-Stream leases,but Swalley only began to do so after their hydropower facility was completed. Swaney didn't stop any of their patrons from leaving water in the River when Swaney was simply in the business of conveying water. Cancelling transfers only began once leaving water in the river meant less revenue generated by their hydropower facility.This is a classic case of putting the cart before the horse. COID has so far built only one in-canal hydropower facility,but they have half a dozen more on the drawing board.Will they begin to cancel and veto In-Stream leases once they won't have to worry about public opinion getting in the way of their future plans? If COID is truly interested in conservation ask them to legally forfeit their current and future ability to cancel or veto any In- Stream Lease requests from their patrons. Further, let's consider that collectively the six Districts in Central Oregon have over 20 in-canal hydropower facilities in the early planning stages. When it's money vs. conservation ask yourselves which impulse the Districts will follow. "Paper water"—the early.Wild West days of the"Conservation projects" A We could talk about Greater Good with regard to the"early days"of"Conservation"projects in Central Oregon,and by that I mean the last 10 years. In the early 2000's,when the so-called Conservation projects were in their relative infancy, COLD had a Certificate of Withdrawal that jallowed it to divert about 1400 cfs from the Deschutes River. Diversions have,and continue to I be,monitored by OWRD. Local officials were familiar with the numbers and knew that COID A never diverted more than about 1000 cfs into their canals. A OWRD,feeling that it was acting in the Greater Good,confronted COIL)on the difference and tried to get them to reduce their Certificate of Withdrawal. COID refused, saying they could divert additional water into their canals if the need arose and didn't want to give it up.However, OWRD personnel knew that COID couldn't actually divert that much into their canals without 1 I failures,and associated flooding,occurring somewhere in the COLD system. OWRD called COID's bluff and challenged them to prove that they were capable of diverting more water into their system. If they could then fine, if not then OWRD wanted the Certificate reduced to what was COLD was actually capable of diverting. COLD knew the devastation that could result from a system failure,so they backed down. But they weren't done. COID,as has been their practice over time,went around the local authorities.They complained to State and Federal politicians about what OWRD was doing. The 1 next thing the OWRD officials knew they were getting calls from offices in Salem suggesting i that they quietly take their teeth out of COID's backside. Since OWRD serve at the behest of the 3 State government this was in essence an order,and they acceded.The water that COID retained on their Certificate, water they could never practically use,now took on a term. It began to be called"Paper Water". Here's where things get interesting. As conservation projects continued involving COID,their Certificate of Withdrawal was slowly reduced over time. However, since it was only eating into their Paper Water they never took an actual hit. They continued to divert the same roughly 1000 1 cfs into their system each and every year. But the conservation projects have other aspects to them. They generate so-called"mitigation credits",and the water that is officially"conserved"must now be permanently left in the river. So if the water was staying in the river who was suffering if not COLD?The answer;the other Districts whose water is junior to COID. This is complex, so to simplify things let's use the North Unit Irrigation District,NUID,as a proxy for all the Districts that are behind COIL)in the pecking order of how water in Central Oregon is managed. If water is permanently left in the river,then the net result is there's less water to divert. If COID has senior water rights,then they get to take their full allotment. NLTID is left to fight over the crumbs in the now shrinking pie. This continued for a few years until NUID threatened to take the problem public. COLD responded by lowering the allocation associated with each acre-foot of water from about 7.5 gallons per minute(gpm)to about 6 gpm.(BTW,have any of you ever wondered why this I I 1 I occurred a few years ago? If so,now you know the answer.)Since COID would deliver less water to each patron per acre-feet of appurtenant right,they now needed to divert less water from the Deschutes.This meant the pie would get a bit larger for the others to fight over. (By the way, isn't it interesting to note that the other party in this current"deal"is NUID?That'll have to 9 remain another story for another day.) f Time has passed,and now all of COID's Paper Water has been"conserved". New projects that reduce COID's Certificate are just now, for the first time,resulting in an actual reduction to the 1 amount of water that COID is diverting into its canals.All the data has been in plain sight all R 4 along for anyone to see who was willing to do the dirty work of digging it up. But now that I COID's Paper Water is all gone,they can argue that it's all in the past. They'll tell you that I there's still plenty of"conservation"work that can be done today,and that you can trust them to 1 do it for the Greater Good. And by the way,that pesky public doesn't need to be involved if we li can just pass this tiny, little text amendment. i I 1 Property Rights i I So we could talk about those issues,and as a retired USGS hydrologist you know I'd love 1 nothing more. But instead I want to talk about the Greater Good with regard to personal property, and the rights and responsibilities that go with it. i COID would have you believe that they own something. They don't. The water in the canal isn't theirs,and the land it runs across isn't either. It's our land. COID retains an easement across our property that allows them to maintain the canal so it can convey water from the river to their a patrons who make beneficial use of that water. COID has no right to change the scope of their easement from one of simple conveyance to a commercial hydropower facility whose sole purpose is to generate revenue. They aren't an electrical utility, and they have no right to transform themselves into one at our expense. The water conveyance system that is currently managed by COID has over 450 miles of open canals and laterals. Over 95%of that system crosses lands that are zoned for Exclusive Farm Use.Piping of canals is already an outright Permitted Use in the EFU areas within Deschutes County. If COID wants to pipe canals,they've got quite a few they can get to work on today. 1 What they don't need to do is extend a commercial hydropower facility into a residential neighborhood. What they don't need to do is to turn an aesthetically beautiful area with rich habitat into a light commercial district with a brown scar running through the center of it. You've seen for yourselves what these neighborhoods look like. You've seen for yourselves what COID left behind in the wake of their$26M Juniper Ridge Hydropower project. When was the last time,if ever,you've had a more egregious Goal Five violation come before you? a i 1 s COID could argue that they need this additional stretch to make their current commercial plant profitable.If that's the case,and I'm not even sure it is,why would that be a burden that residential neighborhoods have to bear?They didn't ask us when they decided to build their current plant when and where they did.They didn't ask us when they put a 5.0 MW turbine into a plant that only had enough head pressure in the attached system to generate 3.3 MW of power. Furthermore,COIL)is asking for your assistance to help them destroy personal property to achieve their goals. If they're successful in finally making their plant pump out money are they going to turn around and reimburse folks for their lost personal property value?No. They've told property owners that they have no responsibility regarding personal property values. Instead they would use that revenue to either go elsewhere and pipe more,or they would transfer the lost wealth of these residential neighborhoods to their patrons in the form of lower rates. When communities come together to decide that a Greater Good is necessary for everyone's benefit,then local governments can and do engage in eminent domain proceedings to transfer personal property from individuals to the government. As part of the process they assess the damage this will do to the holders of personal property. If they seize personal property then they reimburse the property owners to compensate them for their loss. COIL),a quasi-governmental entity,says it has no responsibility to reimburse property owners for the damages they would do by taking their property against their wishes,and without compensation,so that they could generate revenue to transfer to others. And,in fact,that's exactly what this would be,a Taking. Also, as we've grown used to with COD,they're trying to get someone else to share the responsibility for their actions,and then to shut the public out of the process. In this case,COID is asking you to give them an end around to the extensive language in the Condition Use section of Title 19,and by doing so lock out the public from future participation. Is there a more blatant violation of the Goal One process? What they're asking you to do is so extreme that if you were to grant the applicant's request even you, our elected County Commissioners,wouldn't have a future seat at the table. Conclusion You have before you a simple application that's masking a very complex set of problems. They'd like you to believe that it's a one-time request that was overlooked before,but is actually more akin to the tip of an iceberg. This isn't the first time COID has done this,and but we're far closer to the beginning of this in- canal hydropower process than the end.As before, COLD has chosen to pipe a small section of canal. By doing it that way they can frame the debate as a small number of self-interested parties standing in the way of the Greater Good. When this section is done they'll move on to the next section adjacent to Bend neighborhood of Canal View Estates. Deja vu will occur all over again as they trumpet the intent as a small but community-friendly project, as being for the Greater Good,but are being blocked by a small number of self-interested parties. This is the time to stop this planned and incremental destruction of the beautiful residential areas we call home. This is the place to put a halt to the divisive politics that COID stirs up to achieve their goals.This should be where we pause to think about the complex issues that are involved here,and to make sure that the horse gets back where it belongs, in front of the cart, and stays there.We need to take these actions now, as we've done at special times in our past,and in the interests of the Greater Good Thank you for your time. / . /N Portland General Electric Company Dave Robertson 121 SW Salmon Street•I W7CI703•Portland,Oregon 97204 Vice President (503)464-8543•Facsimile(503)464-2222 Public Policy RECEIVED JUN 172014 June 13,2014 Deschutes County CDD Nick Lelack Director,Community Development Department Deschutes County i 117 NW Lafayette Ave Bend,Oregon 97701 Re: COID Application Pending for TA 1.3-4.13OCC Public1ieagng.Tuly 2,2014— Portland General Electric Company Submittal to the Record t c 1 Dear Mr.Le ck: ck-- 1 , . .. . l Portland General Electrie Company (PGE): respectfully encourages the Deschutes, County:Board of 1 Commissroners'to approve Central Oregon Irrigation District's (COI[)) proposed text amendment;for - i their Juniper -Ridge Project, Phase H. Our company supports this valuable project because of its numerous environmental and economic benefits for Central Oregon. i . PGE has a long history of successful collaboration with Central Oregon, including many of its cities, Icounties, irrigation districts, and organizations such as the Deschutes Water Alliance, Deschutes River Conservancy, Deschutes Land Trust, and the various watershed councils. PG E and the Confederated Tribes of the Warm Springs (CTWS), our partner in the Pelton Round Butte Hydroelectric Project in Madras, are making significant investments in rebuilding salmon and steelhead habitat through the financial grants we provide from the Felton Water Fund. These grants will result in improvements to the water quality and quantity in the rivers and streams of the Deschutes Basin.COID's Juniper Ridge Project is one of the more significant projects supported with grants from the Pelton Water Fund. i Based on our experiences in the Deschutes Basin, piping irrigation canals are some of the most efficient and cost effective means available to conserve water lost to seepage. We understand Phase 11 of this project will result in up to 8 cubic feet-per second(cfs)of water remaining in the Deschutes and Croaked Fti■ersl°:;Coitpled.•with the',recentrompletion of Phase.1,:,tttese two projects-wjll,.result ipy.up:to 27 cf.,s tenmiteiiig ivi=gtream, while;,ensuring:that economicallyrimportawt,;agric l,,opeCatjops=atilt,,rl.ei.'e ItheirJ nit l,:al44YeatjoA;4of.f.water:iff:wo took basin wide,: watec•conSet ration-projects._such:a*,ticsA;lave ? returned nearly 150 cfs of water to the Deschutes and Crooked Rivers. 1 . i i I Nick Letack Director,Community Development Department Deschutes County Page-2- The improvements to COID's conveyance infrastructure with the resulting increase in water left in- stream, is especially critical during the summer and fall months for both resident fish and anadromous fish.These enhanced river flows will be a key component to restoring habitat critical to the success of the salmon and steelhead reintroduction program above PGE and the CTWS's Pelton Round Butte Hydroelectric Project. The flows also provide this benefit while enabling the irrigation district to continue to meet the water-use needs of its members supporting the region's economy. PGE is pleased to have contributed to this project and looks forward to working with the communities of Central Oregon to support additional projects like this in the future. For these reasons, PGE encourages the Board of Commissioners to approve COlD's proposed text. • amendment so the District can construct this important water conservation project. Please feel free to contact Scot Lawrence at PGE if you would like more information about our efforts in the Deschutes -Basin to restore river habitat and fund water conservation projects. Scot can be reached at (503) 464- 7361. . Sincerely, rr- I tG1 -/ 144-ev Robertson Wo p r Vice President,Public Policy ei .eeiri a i cc:Commissioner Tammy Baney Commissioner Tony DeBone 0 I—i Commissioner Alan Unger 1 1 1 i i i i 1 t i i I s i i tit Water Resources Department ègon SM, �,iFiwrrr.•� i 231 SW Scalehouse Loop,Suite 103 Bend OR 97702 John A.Kitzhaber,Mil,Governor 541-306-6885 April 23,2014 Paul Blikstad Senior Planner Community Development Dept. 117 NW Lafayette Ave Bend,OR 97701 RE: Text Amendment TA 13-4 Hearing before the Planning Commission on March 27,2014 Dear Paul, I have some general comments and corrections related to the statements made by several folks at the planning commission hearing on March 27th,2014 regarding the Central Oregon Irrigation District proposed text amendment for the comprehensive plan. Jeff Perrault most notably characterized the leakage from the canal system as a substantial source of groundwater recharge for the Deschutes Basin aquifer. Although,it is true that leaky canals do provide localized recharge to the groundwater system,it is this leaking that is a severe detriment to the streams below the diversions on the Rivers. There is very little groundwater return flow to the Deschutes River until a few miles below Lower Bridge area contrary to his statement. This is well documented and to characterize the groundwater return as'immediately below diversion"exaggerates the amount greatly. Exaggeration of the effects of the proposed section of canal to be piped by COI called the Juniper Ridge Phase 2 was blown way out of proportion. This proposed piping will prevent seepage to the aquifer but will not on its own be measurable to the groundwater system. What is most important is the improvement in the stream flow where it is significant and can be directly measured as a benefit. His April 10th letter stating that only 1.6 cfs is to be put Instream is false. There will be 7.98 cfs conserved water and the Instream benefit will be in both the Deschutes River and Crooked River via a replacement with North Unit Irrigation district Water Rights. There are many sections of leaky canals,laterals and field applications and they will remain leaking for as far as humanly possible to predict. The 30,000 wells he references in the basin don't all rely on the recharge and only a small fraction benefit from the leaky canal system. He distorts the magnitude of canal leakage recharge with natural recharge to further his cause. He attributed a"fact"about 800 cfs being captured from outside the basin to Bob Main. This is not correct;this quantity of water was determined by the USGS during the groundwater study. I have no idea why he attributes this to Bob Main. Unfortunately,he never met Bob. April 23,2014 Blikstad,Paul Page two i have been working in the Basin for 24 years directly on restoring and improving stream flow where a little improvement makes a big difference. I have seen streams that used to be dry have water in them year round. This is directly attributable to canal piping and all the work that the various basin stakeholders have endeavored to improve. Many,many hours of conversations,relationship building, trial and error,coaxing and bargaining have been spent trying to improve streamflow and it is so disappointing to hear the pure sophistry being bandied about over a cause for such a few citizens for purely selfish reason. Bruce White said it best,"that you can't compare Swalley's piping to COI's piping and draw the same conclusions." I couldn't agree more. There were references made to the effects of the remaining patrons in Swalley after the district piped. Swalley's facts are very different from COI's. Swaney returned 1/4 of their natural flow to instream which reduced their diversion rate significantly. COI is proposing to return about 0.9%of their diversion rate. Remaining patrons will see no difference in deliveries. Again,the distortion on the facts was way out of proportion. Mr.Ed Elkins said Swalley put 82 cfs instream. This is incorrect;they put in about 26 cfs with their piping project. I would be happy to explain my experience and knowledge to you if you desire. Sincerely, / III Kyle Gorman Region Manager—South Central Region , rego l Water Resources Department + 1C ' ' !1.1 1 4rYY�� Worth Mall Office Building r'' John A.Kirihalrer,MD,Governor 725 Summer St NE,Suite A t.�x Salem,OR 97301 June 16,2014 Phone(503)986-0900 Fax(503)986-0904 www.wrd.state.or.us Nick Lelack,Director Deschutes County,Community Development Department 117 NW Lafayette Ave Bend,Oregon 97701 Re: COID Application Pending for TA 13-4,BOCC Public Hearing July 2 2014— Oregon Water Resources Department Submittal to the Record Dear Mr. Lelack, Approval and completion of Phase Il of Central Oregon Irrigation District's(COID)Juniper Ridge Project will provide Central Oregon with numerous environmental and economic benefits. Piping canals is one of the most efficient and cost effective means to recapture water that is lost to seepage and evaporation,particularly in Central Oregon where canals were carved out of porous basalt rock. Juniper Ridge Phase I,completed in 2012,. resulted in the piping of 2.5 miles of the Pilot Butte canal, including a section with seepage losses as high as 40 percent.Conserving these water supplies has improved COID's conveyance efficiency,while also resulting in the permanent return of 19.6 cfs of senior water rights to the Deschutes River.The project also produces clean, renewable energy,reducing greenhouse gas emissions.Coupled with the 7.95 cfs of water to be returned through the construction of Phase II,a total of up to 27 cfs of water will be restored to the Deschutes and Crooked Rivers,which will benefit salmon,steelhead,and other fish and wildlife species. The Juniper Ridge Project advances Governor Kitzhaber's Sustainability and Water Infrastructure Goals and Initiatives, while providing an example of local,state,federal,and private sector collaboration.In addition,the project furthers Oregon's Integrated Water Resources Strategy Recommended Action 10.A,which calls for improving water-use efficiency and water conservation. I encourage the Board of Commissioners to approve the proposed text amendment so the COLD can construct this important water conservation project. Sincerely, /1-'1')E-2 Thomas J.Paul Acting Director c: Alan Unger,Deschutes County Commissioner Tammy Baney, Deschutes County Commissioner Tony DeBone,Deschutes County Commissioner Gr L335 " ol& OcaL4,-ies 1 17/A Background We bought our property in 1980 because of the canal,waterfall and mountain views. We built our house and moved in in 1981. Have enjoyed the water fall and serene sound for 33 years Just this morning I observed two families of geese and four deer using the canal. It is common to see people drive across the bridge witness the beauty of the canal,vegetation and waterfall,stop and take pictures and enjoy the scenery. We have even had people stop and eat a picnic lunch. When the canal is running our residential area is like an animal park. Deschutes County Search and Rescue has used the canal below the bridge for training on several occasions. COID Met with Steve Johnson regarding proposed piping. Ask about loss in property value and was told COLD had no obligation to compensate for lost property value. Was given a rendering of what would replace the waterfall which included an approximately 6' high berm and a very large concrete structure which was the intake to the pipe. In reality after review of their specifications the berm will be much closer to 10' high. COID staff have lied to us or told us half truths throughout the entire process. There agenda is we lose and they win. Asked who was going to maintain the piped canal and was told COID would for 2 years and then it would be the responsibility of the land owner. I subsequently heard that we would be responsible from day 1. The question is how do you maintain a 10' high berm? If you go downstream to the phase 1 piping you will see that they don't maintain what they already have in place. Market Value I commissioned Dave Feagans owner and broker with Alpine Real Estate to give me an opinion on market value before and after piping. Dave wrote me an opinion which was a market value of$600,000 before piping and$450,000 after. He used the artist rendering for the after opinion. I saw where Mark Capell was quoted as saying he asked the county assessor if there would be loss in value for the homes affected by the piping and the assessor said no. I don't know why you would ask that question of the assessor since they are concerned with assessed value but it demonstrates how people will reach out for the answer that justifies their agenda. Loss of equity My wife and I had planned to continue to make improvements to our property and then sell the house at retirement to use the equity to assist in our retirement expenses. What is particularly frustrating is they are using my tax dollars to devalue my property. Conclusion The canal is on my land. COID has an easement. They don't have the right or the authority to devalue my property. If it is so important to pipe the canal,they should be required to follow the guidelines of a conditional use. Please don't give them the authority to steam roll us. ► Broker Opinion of Price August 5, 2013 For the Subject Property located at 63385 Old Deschutes Rd. Bend, OR 97701 With study of data from the following sources: Deschutes County records Deschutes County Clerk's Recordings Central Oregon Association of Realtors On-site visit to the property and neighborhood Upon study of comparable properties within close reasonable proximity to the subject, it is accurate to say that the subject property's value is greatly enhanced by the water feature(Pilot Butte Canal). Buyers of this type of residence and acreage size will pay much more than average due to the water and it's very unique flow&aesthetic beauty. If the property were not located next to such a saleable and beautiful water feature,this Broker would decrease the value today by approximately$150,000. The comparable properties vary in quality and features;and it is important to note that these factors were considered in valuing this property. In my opinion,an offering&sales price of$599,000 is highly likely given the current market rate and fair selling price today.Without the canal's proximity and water feature,today's value would be considerably different in the eyes of a buyer,appraiser,and Realtor.Such a price would then likely be $449,000. Please feel free to contact me with any questions you may have, Respectfully, Dave Feagans Principal Broker/Owner Alpine Real Estate 541-419-7914 dfeagans@bendcable.com . . (, Deschutes County Commissioners July 2,2014 117 NW Lafayette Avenue Bend,Oregon 97701 Dear Deschutes County Commissioners, My name is Trace Tipton. I live at 21000 Country View Lane. Thank you for allowing me to quickly throw a couple considerations into the mix here. Let me begin by mentioning that I have worked in Agriculture/Horticulture all my life,and I can certainly understand the motivations behind the irrigation district's plans to pipe canals. I do fully understand that the Pilot Butte Canal is an irrigation canal, not a river. And I also think that conserving water and creating clean energy are good things to do. That said I do not support the subject text amendment for granting an outright use in this SR2.5 zone. Piping of a canal is one thing. Usually when this is mentioned,the image that comes to mind is simply a hump in the ground with a buried pipe under it, right? Well,that is not all that is concerned with this particular project. And that is because this project has both canal piping and hydropower aspects. The hydropower aspect of the project requires a large industrial intake forebay structure that must be built, and maintained for the life of the project. These hydropower structures are planned to be built directly onto homeowners'property with no oversight. Because of this, I do not feel that a text amendment for outright use by the irrigation company is warranted.We do not want to be shut out of the process and have a situation where the irrigation company simply pulls a repeat of what they have already done with the Phase One Intake Forebay facilities. The Phase One Intake Forebay facility is a massive concrete industrial structure,with tall barbed wire fences lining the canal,and bright CAUTION signs all over the place. Piles of trash that inevitably floats down the canal and must be removed so that it does not plug up the hydropower turbines,are allowed to pile up on private property. There is valid concern about the lack of maintenance that the irrigation company has demonstrated up to this point during the Phase One canal piping activities. Also,the irrigation district promised to revegetate with native plants after the Phase One project was complete. Unless you consider mullein, knapweed and cheat grass to be desirable native plants, it looks like this is an area that the Irrigation District could improve upon. These are definitely tough weeds to control,but the Phase Two project is being planned in an even higher profile area than the Phase One project. My main point here is that past performance is often a fairly good indication of what may occur in the future and that the Applicant should not be granted an outright use, because that would effectively put an end to any County,or landowner input as to the appearance of the hydroelectric structures that are proposed to be built directly onto homeowner's property,and also to the future maintenance of the project area. The subject area is not a rural part of Deschutes County. Living in this area is actually pretty much like living within the City of Bend. The edge of the city limits is just a stone's throw from my house. There are many miles of canals that could be piped for water conservation and harnessed for hydropower. Instead of addressing these other miles and miles of canals that also leak water,and for which no permission or text amendment would be necessary,the irrigation company has chosen to try to ram this project through in an established, non-rural part of town. I cannot imagine how the County could possibly be okay granting the irrigation company an outright use for this type of combined canal piping and hydropower project to be placed directly onto homeowner's property in this area of Deschutes County. What would you think if a private company determined that it wanted to build a huge concrete structure in your back yard,and was asking for a text amendment to do so in whatever fashion they saw fit with no oversight? To conclude,what I am against is the County giving an irrigation company carte blanche to build any kind of hydropower structures they want, right on people's property in this type of neighborhood. I believe that the County,through its Conditional Use process,and residents who own the land on which the project is proposed to be sited,should continue to have the right to be meaningfully involved in this type of project that has both canal piping,and structural hydropower aspects. I encourage you to join you're your fine Deschutes County Planning Commissioners,who,after three lengthy public hearings on this topic already, unanimously voted to deny the Applicant's request for a text amendment to the current County Code. Please keep this as a Conditional Use process,as it already exists in the County code. Thank very much for our consideration, Trace Tipton 21000 Country View Lane Bend,Oregon 97701 71,.7 0 G �l (541)4753625 ..,,,wi=or.imi......__ f�ii/,I� ' `1 ,` (541)475-3655 ��1 \\ 2024 N.W.Beech Street Fax(541)4753905 Madras,Oregon 97741 nuid @northunitid.com June 10,2014 Nick Lelack Director,Community Development Department Deschutes County 117 NW Lafayette Ave Bend, Oregon 97701 RE: COID Application Pending for TA 13-4.BOCC Public Hearing July 2,2014—Submittal to the Record Dear Mr. Lelack: As the Chairman of the North Unit Irrigation District(NUID), I am writing to respectfully encourage the Deschutes County Board of Commissioners to approve the proposed text amendment from Central Oregon Irrigation District(COLD). This approval is essential to an important initiative between COID and NUID to improve our conveyance efficiencies and enhance flows in the Deschutes and Crooked Rivers for fish,wildlife and recreation. NUID provides irrigation water supplies to over 2.200 patrons who irrigate roughly 59.000 acres of productive land,primarily in Jefferson County. The District was established in 1916 as the Jefferson Water Conservancy District,and later became NUID. Our District was formed to address the serious water shortages confronting farmers and ranchers at the turn of the century_ NUID supports COID's Juniper Ridge Project. The second phase of COID's project includes an agreement with NUID,where some of the conserved water supplies will be transferred to NUID. This new water supply will allow some of our farmers and ranchers to reduce their reliance on Crooked River water, leaving more instream for salmon,steelhead and recreation. COID's Juniper Ridge Project is one part of a larger NUID effort,which is believed to be the largest streamflow restoration initiative in Oregon history. When our entire project is complete,up to 220 cfs of water will be restored to the Crooked River, upstream of Smith Rock State Park.The State of Oregon,the Deschutes River Conservancy, Confederated Tribes of Warm Springs,and many other local,state and federal agencies,are supporting this initiative. I encourage the Deschutes County Board of Commissioners to approve COID's text amendment for the Juniper Ridge Project. Thank you for your consideration of this important project. Sincerely, Martin Richards Chairman of the Board of Directors cc: tabard of Commissioners "Conserve Water-The Supply Is Limited" $walleq 2 IRRIGATION DISTRICT June 11,2014 Nick Lelack Director,Community Development Department Deschutes County 117 NW Lafayette Ave Bend,Oregon 97701 Regarding:COLD Application Pending for TA 13-4,BOCC Public Hearing July 2,2014— Submittal to the Record • Dear Mr.Lelack: I am writing on behalf of the Board of Directors of Swalley Irrigation District in support of the text amendment request from Central Oregon Irrigation District(COLD),to enable the District to complete Phase II of their successful Juniper Ridge Project. Swalley Irrigation District(Swalley) fully supports COID's proposed text amendment. Established in 1899,Swaney has over 660 patrons. Throughout our history,the District has sought to provide an affordable and reliable water supply to hardworking farm and ranch families. As water supply needs for cities and the environment have increased, Swalley has worked with the Deschutes Water Alliance,Deschutes River Conservancy,the City of Bend and Deschutes County,to help meet these growing needs. Swalley has its own history with water conservation and canal piping.We defended two federal lawsuits to establish our right,and the right of all Carey Act Districts,to pipe our canals. In 2009,Swalley piped 5.1 miles of our main canal,along with several laterals. Swalley,by piping these canals,and recapturing water that was being lost to seepage,was able to permanently return 38 cfs into the Deschutes River. A year later,Swalley began operation of a small,in-conduit hydroelectric facility,which now produces enough renewable energy for up to 350 homes. Our project,while controversial at the time,is now a success for our patrons,area residents,and fish and wildlife. The approval of COID's text amendment would produce similar benefits. Phone 541/388-0658 Fax 541/389-0433 64672 COOK AVENUE SUITE ONE BEND,OREGON 97701 CC;Board of Commissioners www.swalley.com t Swalley encourages the Deschutes County Board of Commissioners to approve COID's text amendment request. This approval will allow COTD to conserve more water,to increase flows in the Deschutes River for the benefit of salmon,steelhead and recreation,and to generate more renewable energy. All of these benefits are good for Deschutes County and Central.Oregon. Sincerely, Jeff a se Vice-President { I 9 X CC;Board of Commissioners S uualle IRRIGATION DISTRICT July 2,2014 Deschutes County Board of Commissioners, Swalley Irrigation District has submitted a letter in support of the text amendment request from COID and we submit it again now to be sure it's in the Record. I would like to use my 3 minutes to offer a somewhat unique perspective that is not in that letter.My perspective is that of the manager of a small irrigation district that took on the largest water conservation project on the Deschutes river,ever, through piping and is also the perspective from the other roles I have as Vice-Chairwoman of the Deschutes Basin Board of Control,Vice-Chairwoman of the Deschutes Water Alliance,and Chairwoman of the Deschutes Basin Study Work Group. My message is this. it is hard work,on many different fronts,to take on a major construction project such as piping a canal and where possible, installing a hydroelectric plant at the end of the pipe. It is hard on the District itself and on the patrons to be involved in change.Why not leave the canal system alone, it is pretty to look at and listen to,and all of the vegetation that grows up around it due to the accessible water is pretty to look at-willow trees and wild roses and yellow flag iris and cattails. I am sure if any of us had an irrigation canal in our yards we would grow to love it and see it as"ours"even though we know logically it is not.We all love to look at flowing water. Why should an irrigation district board of directors disturb this decades old system of delivering water,upsetting its very water users and non water users with the canal in their back yards? Swalley has a mixture of open canals and pipes in its 28 miles of delivery system. The District must deliver water efficiently but many of the homeowners along the canal—some of whom are irrigation district customers and some of whom are not-do not share the same primary goal. Whether we choose to admit it or not,buried pipes or pipes with earthen berms over them are a sustainable irrigation delivery method for the long term and canals are not. Finally as to my regional water perspective due to being quite involved with the Deschutes Water Alliance and the Deschutes Basin Study Work Group. Irrigation Districts are being expected to make major contributions to the health of the Deschutes Basin. Irrigation districts are expected to cure the river's quality and quantity problems. The primary tool in the irrigation districts tool box to leave more Phone 5411388-0658 Fax 5411389.0433 64672 COOKAVENUE SUITE ONE BEND.OREGON 97701 www.swalley.com S water in the river is piping canals,eliminating the 4095-45%seepage loss. It is an untenable Catch 22 for the irrigation districts to be pressured by state and federal agencies and environmental organizations to leave more of our legal water right certificates in the river and then for local government to put up hurdles to the best tool we have in the tool box to improve health of the river-piping open canals. Irrigation Districts only exist to deliver water to their water users who apply the water to the land.The irrigation water users pay all the costs of the irrigation districts and assume all the risk when new projects are undertaken such as piping and hydroelectric plants yet these projects have significant societal benefits. Please do your part, Deschutes County,towards the necessary regional solutions to the Deschutes River. Sincerely, 9 1 Suzanne Butterfield Manager Thomas G. Casey ARCHITECT,AIA Natalie C Jameson 21115 Scottsdale Dr. Bend, OR 97701 (541) 385-6924 Board of County Commssioners 300 NW Wall Street Bend,OR 97701 SUB.!: TA-13-4 Text Amendment to Deschutes County Code Title 19, Chapter 19.20 Suburban Low Density Residential Zone(SR-2.5) to allow..piping of existing irrigation systems as an outright use in the zone. REF: a) Deschutes County Comprehensive Plan, Section 1.2: Community Involvement b) DCC chapter 19.20.020 Permitted Uses c) DCC chapter 19.100 Conditional Use Permits d) Deschutes County Planning Decision, AD-09-13 Administrative Decision Commissioners: In the movie Cool Hand Luke Strother Martin,playing the chain gang"boss", famously said to the crew being punished"What we have here is a failure to communicate". Adoption of the proposed Text Amendment would be a failure to communicate. It would contravene the County Comprehensive Plan, Section 1.2: Community Involvement by taking away all voices and discussion, currently protected by the Zoning Code, of the applicant's major shovel-ready projects in a sensitive environment.. We believe that, as owners and residents in the private property on which the Pilot Butte Canal runs,we possess legitimate status to have a voice in plans that presently require public hearing. The matter before you is garnering local interest, entering the domain of public opinion. It is apparent that the popular perception, taken from the applicant's statements, is that we are obstructionist"neighbors"that live near the canal and have no valid basis to challenge COLD plans. I understand the Bend City Council has forwarded a letter to the board in support of the Text Amendment. As part of their discussion one of the council members expressed understanding"why residents are fighting to keep canals they enjoy seeing BEHIND their properties". It is an important fact that the canals we so enjoy seeing are very much ON our properties; a fact which we believe gives us a voice in the planning and design of major infrastructure projects that would significantly alter or remove them. We believe the Zoning Code is not broken and does not require the proposed "fixing". The proposed Text Amendment is treacherously simple in its reading. It simply adds one word to the list of uses permitted outright in the Suburban Low Density Residential Zone. What could be more straightforward? The word itself could not be more simple. The word is piping. There are many definitions of the word. One the applicant would like to apply in these proceedings is "something regarded as easy to accomplish". However, the one intended is defined by Webster's as "to provide with pipes", a transitive verb. Pipe, as a noun, is defined as " long tube of clay,concrete, etc...." I submit that the word"piping", as used. in the zoning code is dangerously vague in meaning and requires modifiers to distinguish categories of scale; language that will differentiate between the six to twelve inch subterranean pipe associated with individual lot and sub division improvement and the 9 foot diameter surface pipe with 3 feet of soil cover that is planned. Before changing the zoning code I believe it is first necessary to define the term piping to provide some degree of specificity and regulation. It would be irresponsible to do otherwise. It is clear that the consequences of adopting the Text Amendment could be anything but simple. The proposed amendment is a single word substitute for sub rasa approval of a major regional infrastructure project in residential neighborhoods. It was expected that by its simplicity the proposed Text Amendment would screen its true purpose, and it could be handled administratively, out of sight, to clean up a pesky bit of obstructive zoning. The attempted slight-of-hand has backfired. So, the matter before you is not about piping,per se. It is about expanding the"Juniper Ridge Project".The Text Amendment is the linchpin for contivation of piping installed two plus years ago in connection with construction and operation of the applicant's hydro electric plant at the north end of the Juniper Ridge property. The Planning Division's Administrative Decision,AD-09-13 approving the construction of the plant states "The proposal includes piping the canal waters for approximately 2.5 miles..." through the Juniper Ridge property,zoned Open Space and Conservation (OS&C), which permits"piping"as an outright use,to its boundary with the SR 2,5 Zone, which does not. Apparently the existing piping does not provide the necessary head pressure to operate the installed turbines efficiently, hence the applicant's need for changing the code to allow more piping. The fact that the applicant proceeded with building and equipping its hydroelectric plant without first securing the full compliment of water necessary to operate efficiently bespeaks either a mistake in design or a strategy of incrementing major infrastructure construction one project at a time. In the former case the applicant may have a malpractice claim against the design engineers. In the latter case, building without approval for infrastructure known to be needed,was a calculated risk, and if the output capacity of the turbines was increased over those approved, requiring more head pressure, it doubled down on its bet. We assume that had the planning division known of plans for future phases of piping in residential zones, where it is not an outright permitted use, it would have processed the hydro plant application in a more formal and public manner. This is a land use issue of the most fundamental nature—literally changing the environment. By removing a robust waterway and replacing it with land the projects would radically change the effective land use in the easement from passive aquatic to active land based recreation. The applicant's claim that no trails could be developed over the covered pipe and along the adjacent service road without property owners' formal permission is naive and unrealistic. One need visit the phase 1 project to see how the piped canal will actually be used. As soon as the last shovel load of dirt is placed on the pipe it would become a de facto hiking and biking trail on private property without regard to permission. The local dirt bike owners would be thrilled with an extended venue, and the character of the neighborhoods would be significantly degraded.. The zoning code does not presently allow piping outright in the SR-2.5 and RS zones, and it is important to note that the Zoning Code was written with the canals in existence. Has the applicant established a compelling argument to change the code? It does make some good, if not arguable, points with respect to water conservation,reducing the draw down from the Deschutes River, and fostering hydro electric power. We think everyone agrees on the importance of protecting and managing our valuable water assets, and we are willing to do our reasonable part, but we think implementation,particularly in urban residential zones, should retain the existing opportunity for a broader conversation than what is proposed to ensure the best possible outcomes . Is installing mega pipe the only solution? These projects,by their scope and context are essentially design problems. How they they are planned to be accomplished is as important as if they should. A suggestion has been made by one in the community that a parallel closed recirculating system in conjunction with low profile piping could provide a replacement stream with inspired landscape design,to create an Upper Deschutes River- like environment. This may not be the expedient project the applicant desires,but it would be doing the project the right way for all the stake holders,including the abundant wildlife that live on the canal with us. Why should the applicant be granted carte blanche to alter the sensitive environment.? We believe Oregon prides itself on thinking outside the box when it comes to crafting solutions to challenging environmental issues. With adoption of the proposed Text Amendment that conversation would not happen in Deschutes County.. The applicant's opponents make some equally good points with respect to due process, ownership status, and effective land use, but do not address the context of the requirements and constraints placed on the applicant by its users, funding sources, countywide water supply and by governmental agencies. Demonizing the applicant beyond some possibly poor public relations does its opponents no credit. if two parties have a degree of validity in their contentions there must be a legitimate way to meet them both. Denying the applicant's proposed Text Amendment does not deprive it of achieving its goals and those of the greater community. Denying the Text Amendment opens the possibility of community involvement and partnership in determining how the projects could be done for the benefit of all. Creative solutions that respect the homes and land, over which the applicant enjoys the privilege of right-of-way, become possible. We are most appreciative of the Planning Commission's very generous and thoughtful consideration of the proposed Text Amendment. We were impressed with the patience and forbearance displayed throughout what was a protracted and contentious proceeding. We thank you for the opportunity to hear us, and we urge you to endorse your Planning Commission's unanimous decision to deny the applicant's proposed Text Amendment. Sincerely, Thomas Casey Natalie Jameson ) ARNLD IRRIGATION DISTRICT 19604 Buck Canyon Rd.,Bend,OR 97702 Phone: 541-382-7664 Fax: 541-382-0833 June 17,2014 Nick Lelack Director Community Development Department Deschutes County 117 NW Lafayette Ave Bend,Oregon 97701 Regarding:COLD Application Pending for TA 13-4, BOCC Public Hearing July 2, 2014—Submittal to the Record Dear Mr.Lelack: On behalf of the Arnold Irrigation District Board of Directors and patrons, I am writing to encourage the Deschutes County Board of Commissioners to approve the text amendment for Central Oregon Irrigation District's(COID)Juniper Ridge Project Arnold Irrigation District fully supports the proposed COID text amendment. Arnold Irrigation District(AID)is one of Oregon's more senior Irrigation districts. Formed in 1904,AID serves more than 1,500 patrons in Deschutes County. Our district has long embraced water conservation,similar to the efforts of COID_ AID has repaired leaks in one of our historic metal flumes, lined 1.5 miles of our main canal and laterals,piped 5.5 miles of laterals and even eliminated 4.5 miles of older laterals. Because of these proactive actions,AID has reduced our average rate of diversion from the Deschutes River by approximately 25 cfs since 1997. AID supports COID's Juniper Ridge Project Piping canals is one of the most efficient and cost effective means available to recapture water that is lost to seepage.Conserving these water supplies will improve COID's efficiencies for all of their patrons,and enable the District to return water permanently to the Deschutes River,for the benefit of salmon,steelhead and recreation. For all of these reasons,AID encourages the Deschutes County Board of Commissioners to approve COID's text amendment so that COID may pipe the second phase of the Juniper Ridge Project,and so Central Oregon may enjoy all of the benefits of the project. I encourage you to call the District's General Manager,Shawn Gerdes,if you would like to know more about our support for the Juniper Ridge Project. SirK:efel , fra William Grafton President of the Board of Directors ill 1 OCHDCU IRRl6AT/DN DI TRI )1) OCHOCO IRRIGATION DISTRICT 1001 NW DEER STREET PRINEVILLE,OREGON 97754 PHONE(541)447-6449 FAX(541)447-3978 o0hocoid @crestviewcable.com June 05,2014 Nick Lelack Director,Community Development Department Deschutes County 717 NW Lafayette Ave Bend,Oregon 97701 Re COID Application Pending for TA 13-4 OCC Public Hearing July 2,2014— Oclioco Irrigation District's Submittal to the Record Dear Mr.Lelack: I am writing on behalf of the Ochoco Irrigation District to encourage the Deschutes County Board of Commissioners to approve a proposed text amendment for Central Oregon Irrigation District's (CO11.))Juniper Ridge Project. Ochoco Irrigation District fully supports COID's Juniper Ridge Project. Ochoco Irrigation District was formed in 1916 to provide irrigation water to farmers and ranchers in Crook County. Today,the District provides water to nearly 862 patrons who irrigate approximately 20,000 acres of productive farmland. Our District has successfully lined and piped over 20 miles of canals and laterals to conserve water for our patrons and the other users of water in the Crooked River Basin and the Deschutes. Based on our experiences,piping canals is one of the most efficient and cost effective means available to recapture water that is lost to seepage. Our District has also worked to construct fish ladders,and make smaller dams"fish friendly." (' The Juniper Ridge Project compliments our efforts on the Crooked River. We understand COlD's project will result in the return of up to 7.95 cfs of water permanently into the Deschutes and Crooked Rivers. In cooperation with North Unit Irrigation District(NUID) and the Deschutes River Conservancy,some of the conserved water supplies will be transferred to NUB). These water supplies will allow some of the North Unit fanners and ranchers to reduce their reliance on diversions from the Crooked River,leaving more water instream for salmon, steelhead and recreation. SC )� Juts 42°14 Ochoco Irrigation District respectfully encourages the Board of Commissioners to approve COID's proposed text amendment so the District can construct this important water conservation project,and benefit all of Central Oregon. Sincerely, Brian Barney Chairman of the Board of Directors CC: Board of Commisioners � i 0 TUMALO IRRIGATION DISTRICT 64697 Cook Ave, Bend, Oregon 97701 Phone (541) 392-3053 Email: stafte2tumalo.ora Web Page: www.tuma►o.org June 23,2014 Nick Lelack Director,Community Development Department Deschutes County 117 NW Lafayette Ave Bend.Oregon 97701 Re: COLD Application Pending for TA 13-4 BOCC Public Hearing July 2,2014- Tumalo Irrigation District's Submittal to the_Record Dear Mr.Lelack: I am writing on behalf of the Tumalo Irrigation District to encourage the Deschutes County Board of Commissioners to approve a proposed text amendment for Central Oregon Irrigation District's(COLD)Juniper Ridge Project. Tumalo Irrigation District fully supports CAD's plans to pipe 4,500 feet of the Pilot Butte canal in the project's second phase. Located in Deschutes County,Tumalo Irrigation District was established in 1900 to convey irrigation water to local farmers and ranchers. Today,Tumalo Irrigation District responsibly provides water to over 1,500 patrons who raise crops and livestock on over 8,000 acres of land. Tumalo has been a leader in water conservation and fisheries restoration e ff o r t s. Over 60%o f the District's I I miles of main canal has been piped to conserve water. The District has also saved over 10 cfs of senior water rights on Tumalo Creek below our diversion and another 6 cfs on Crescent Creek,raising cold water flows in these streams where they're most needed. Piping open irrigation canals is one of the most efficient and cost-effective means available to recapture water that is lost to seepage,but these projects are expensive. Financing is a critical part of an irrigation district's ability to construct these water conservation and fisheries restoration projects. We well understand why COID has included hydropower generation as part of the Juniper Ridge Project. Hydro pays for piping.Hydro makes piping feasible. Tumalo Irrigation District respectfully encourages the Board of Commissioners to approve COID's proposed text amendment so the District can construct this important water conservation project,and benefit all of Central Oregon. I Sin , ./ t (pi re ! Ron Cochran Chairman of the Board of Directors CC:$oand of Commissioners Dear Deschutes County Commissioners, My name is Bud Munson,and I have an interest in a property in the phase III area of this COID project,I'm here tonight,first and foremost,to ask why I was never informed properly about this activity prior to the original placement of "The juniper Ridge Project?" As well,why even now,in a recent mailing, (which by the way,was not sent to me) "The juniper Ridge Project"is defined as a"Water Conservation Project,"when it is clearly a"Hydro Electric Power Generation Project?" I'll tell you why,it's a clear attempt to deceive the entire County and Bend Community about their true goals and intentions.The whole mailing piece is grossly inaccurate and even still,carefully only shows phases,I,II,but not Phase Ill. This shows a clear intent to try and hide information from effected people. There are 450 miles of canals in central Oregon,why did this project have to be placed at this specific location? I went to most of the previous"Deschutes County Land Use Board"public hearings,and at those meetings,COLD made no honest,or credible argument about why this area was better then any other. However,at one of those earlier meetings a Central Oregon farmer,who is served by another canal company Swealley Irrigation,relayed a story at I believe bears consideration: He has been an Irrigation customer for a very long time and after they (Swealley Irrigation)finished their hydroelectric power generation plant,he had called to let them know that he needed more water in his lateral to meet his basic,(and paid for) irrigation needs. At that time,he was told they could not give him more water because they needed to maintain the head for their power plant. Therefore,what happens when we have this or 20 more of these projects on canals throughout Central Oregon? I think it needs to be pointed out here that COLD has already gotten approximately$25 million worth of valuable infrastructure for nearly free and they will now be able to use it to generate revenue for them indefinitely. This is a case of a Quasi-governmental (privately owned)"agency"attempting to get something for nothing and undermine the democratic process to get it. The members of the Deschutes County land use board,have previously studied the data and voted unanimously to deny COID's request for essentially:a change to the rules,giving them a path,unobstructed by any pesky democratic process,to finish this and open the door wider to any future projects. In COID's mailing,they names nine other government agencies or non-profits that honestly:have no property,nothing to lose or gain economically,and no good scientific evidence to suggest any real benefit or change to the environmental impact to the Deschutes River. Why should any of us care what they think about this project? I have been a developer,and I have worked with COLD on two different projects and I know,first hand,their tactics. All these other agencies are doing,is sucking up to an organization that has proven time and again,that they are nasty,threatening and blatantly arrogant when it comes to getting what they want. This water will continue,like it has been for over a century,to be drawn off the Deschutes River to for irrigation purposes. In their News Letter,COID tries to tout the public benefits of this project. I would suggest to you,that not only are their assertion completely inaccurate, their projects ridiculously expensive and paid for by us,but that,COID's clear economic benefit from this,makes them an inappropriate and disingenuous partner in this or any future projects of this nature. One last thing.Just so the Deschutes county Board of Commissioners knows,if this project is approved,they will be leaving themselves and the good citizens of Deschutes County open to a mountain of time consuming and costly litigation regarding lost property values,improper use of eminent domain, and the public taking of private properties. { Dale R(Bud) Munson NE Bend and Deschutes County resident, 7-72' Three Sisters rrilti'on 'District j June 25,2014 Nick Lelack Director.Community Development Department Deschutes County 117 NW Lafayette Ave Bend,Oregon 97701 Re: COLD Application Pending for TA 13.4,BOCC Public Hearing July 2.2014- Three Sisters Irrigation District's Submittal to the Record Dear Mr.Lelack: The Three Sisters Irrigation District is pleased to support Central Oregon Irrigation District's(COM) Juniper Ridge Project,and their plans to install pipe in 4,500 feet of the Pilot Butte canal.We respectfully encourage the Deschutes County Board of Commissioners to approve a proposed text amendment for COID so the District can continue to implement this successful project. Three Sisters is a recognized leader in water conservation. Established in 1891,our District conveys irrigation water to over 400 active patrons who grow crops and livestock on nearly 8.000 irrigated acres of land. Over 45 of the District's 60 miles of canals and ditches have been piped in recent years. Conserved water has been used to permanently establish a minimum instream flow of 20 cfs in Whychus Creek downstream of the Districts'diversion. Piping our canals and ditches has also enabled the District to install a 0.7 MW Main Canal Hydroelectric Project.as well as delivery of pressurized water to patrons to reduce their reliance on electric pumps. We also redesigned our Whychus Creek Diversion,including the installation of a new fish screen to benefit salmon,steelhead and other fish and wildlife. During our work to conserve water and improve salmon and steelhead habitat,we encountered patrons who opposed the District's piping a specific section of our open canals due to their perceived loss of a "water feature"Three Sisters has a Iively history in overcoming these objections. Because of our experiences,however, we understand COID's situation. COED has the legal right to pipe these canals. It also has the responsibility to its patrons to operate efficiently with up-to-date technology,and a broader responsibility in the Deschutes Basin community to stretch water resources to improve fish and wildlife P.O.BOX 2230 SISTERS,OR 97759 541-549-8815(OFFICE) 541-549-8070(FAX) rnanacter @lsidweb.orq office(tsidweb.org . •.rte habitat in the Deschutes River. The Juniper Ridge Project will allow COLD,and the Basin,to reach these goals. We encourage the Deschutes ount•Board of Commissioners to approve COID's request for a text o rage County PP �l amendment so this project can advance. Sinc y, ) Don Boyer,President of the B< . /06t4e7"60 Pattie Apregan,Vice t of the Board Thayne ism,Secretary/Treasurer of the Board P.O.Box 2230 SISTERS,OR 97759 541-549-8815(OFFICE) 541-549-8070(FAx) m anal;er@tsidweb.orq of f icetsidweb.org iE 1 TROUT UNLIMITED June 26, 2014 Commissioner Alan Unger Commissioner Tammy Baney Commissioner Tony DeBone c/o Nick Lelack Community Development Director 117 NW Lafayette Ave. Bend OR 97701 Re: COID Application TA 13-4 before the Board of County Commissioners public hearing 7/2/14 Dear Commissioners Unger, Baney and DeBone: On behalf of the Deschutes Chapter of Trout Unlimited,with over 600 members in the region,we urge the Deschutes Board of Commissioners to approve the code changes to allow Central Oregon Irrigation District's piping of irrigation canals under the Juniper Ridge II Piping Project. Piping saves water that would otherwise be lost to seepage, which is particularly high in this area of the canal. Increased flows contribute to sustainable fish habitat,a critical issue in the Deschutes and Crooked Rivers. The project will return a total of 7.95 cfs to the Deschutes and Crooked Rivers. The impact of these increased flows will be to improve habitat for native fish including Redband trout in the Middle Deschutes River and native local and anadromous fish on the Crooked River including the ESA listed Mid-Columbia summer run steelhead. By increasing flows we help remove the threat of stranding fish in pools under low flow conditions, as we saw happen in the Deschutes above Bend this past fall. The improvement of 1.6 cfs in the Deschutes is a permanent improved water supply to the river and can only improve habitat,particularly for native Redbands. The additional flows of 6.4 cfs in the Crooked River will significantly improve habitat,particularly in the Smith Rock area,where summer water temperatures have been reported as high as 73° F and average monthly flows are as low as 25 cfs,a deadly combination for cold water fish. Studies have shown that the increased flows from the project will slow warming rates in the Smith Rock area and reduce the spikes in temperatures that currently exist in that reach. Also,increasing the irrigation season flows by up to 25% in this reach of the Crooked will help to alleviate a serious problem in the ongoing efforts to re- establish salmon and steelhead runs in the Cooked River. I have lived in Bend for the past 13 years and have spent many hours fishing the Crooked and Middle Deschutes Rivers. I have seen the positive impact of increased flows on the fishery in the Deschutes below Bend and have seen the positive impacts elsewhere that restoration and improve water temperatures can have on cold water fisheries. As a retired engineer who has worked on water projects around the world and as a fisherman,I am pleased to see the positive environmental impacts that engineering projects can provide. Trout Unlimited endorses the return of precious water to the Deschutes and Crooked Rivers provided for under the Juniper Ridge Phase H Project. Sincerely, ,m Herbert G. Blank,Board Member,Deschutes Chapter of Trout Unlimited 541-312-2568 3062 NW Underhill P1. Bend OR 97701 I f,!)! I UNLIMITED June 20, 2014 Alan Unger, Commissioner c/o Nick Lelack, Community Development Director Deschutes County Community Development Building 117 NW Lafayette Avenue Bend,OR 97701 Dear Commissioner Unger: On behalf of Trout Unlimited I urge the Deschutes Board of Commissioners to approve the Central Oregon Irrigation District's application for code changes to make irrigation district piping of existing irrigation canals an outright permitted use in SR 2 1/2 zones. Completion of the COID Juniper Ridge Phase II canal piping project will benefit the greater public in many ways. This project will improve public safety in the canal easement,generate clean energy through the district's hydropower plant,and restore 7.95 cubic feet per second of instream flows in the Deschutes and Crooked Rivers. These benefits reflect widely supported core values of our society. The COID JR II project proposal is a consequence of careful research and evaluation of alternatives done through COID and the Deschutes River Conservancy. It's funding is based on competitive grant applications to Oregon and federal agencies. Its merits and value are hard to dispute. I hope that you will undertake a fresh unbiased evaluation of the COID application. The recent negative ruling of the county planning commission appears to have reflected only interests of the relatively small number of homeowners who aggressively expressed opposition to the proposed code change. I trust that the Board of Commissioners will evaluate the proposed code change from the perspective of the greater public. Trout Unlimited is a national organization with over 600 local chapter members. Its mission is to restore and protect cold water fisheries. To this end we are actively engaged in multiple local conservation projects,and have invested much effort to facilitate restoration of instream flows in our rivers. Canal piping has clearly been the most effective approach to achieve this goal in the Deschutes basin. On a personal note, I relish fly fishing on the Middle Deschutes, where summer flows have been improved through canal piping projects. Restoration of instream flows however is still far short of target flows established by ODFW. Sincerely, Michael Tripp, Conservation Chair, Deschutes Chapter of Trout Unlimited 541-312-2193 1020 NW Foxwood PI Bend OR 97701 .a ' . 110 11 g 'LC Iv Bit of history When I purchase my property,I went to CHID and asked for copies of the original documents concerning the canal. They said they didn't have them and to get them from the County. The county didn't have them. In other words,this is all a big bluff since they don't have the authority to do this until you agree to give them that power. That is the total basis of this text amendment. "Owner"means the holder of the record title to real property,or the vendee under a land sale contract,if there is such a contract. [Amended by 1969 c.666 §1; 1983 c.83 §38] "Owner"means the owner of the title to real property or the contract purchaser of real property of record as shown on the last available complete assessment roll in the office of the county assessor. Letters received in Al.i9i.isf'of iu.St year, announcing piping of pilot iurte canal in October. N.t received by all---1 didn 't get one. I would like to share with you ,,✓hat has happened` since, so yoga understand how this whole process unfolded. i can guarantee yon that it isn't as presented by COLD or in their prepared press rcieaseS. Individual contact for intimidiation. We are going to pipe it--your choice is whether to have it above ground or buried—our original easement does not allow us to dig.If you agree to having us bury the pipe—we will bring you the complete agreement for your signature later. I do not have it available now, All your neighbors have signed it,so just agree to sign and we will easily take care of formalities. What exactly are your plans? A 9 foot diameter pipe above ground in the canal. A bare 9 foot pipe? Perhaps covered it with 3 feet of dirt. Will it be landscaped and cared for by you? No. no landscaping will be allowed on it. What happens when you reach a road? We will cut the road and stop the use of that road since we can deny access to all parties over our pipe. The City or county will have to replace any bridges,for they are all too low. And driveways? Same thing. So homeowners might not be able to access their own homes? That is not our worry. We can also deny them access over our pipe. So they would not be able to reach their own homes? perhaps 2 Are you planning on piping all the canals? Of course. Would you like this happening to your back yard? I would never buy along a canal for I know this will happen to all of them. if you fight us we could put 12 foot diameter pipes or a power plant in your yard. Are you planning on more power plants? Of course,we will have multitudes of them before long In residential areas? Of course,it doesn't matter where it goes. What about the animals?—they will have to go elsewhere. Are you going to pay us for the destruction of our property? No,we don't have to. You get the jist—this continued for over 34 hour,the answers were calloused,cocky,and non-caring about the homeowners(landowners).They even accused me of poisoning the sheep in Prineville when the Pilot Butte Canal doesn't go there and I was not putting poison in any canal. City and County are required to have a committee for citizen involvement—we have had no contact from anyone to assist us with information,funding and cooperation from the very start. In fact we have been treated with contempt,disrespect,and total hatred in every respect. The COID taxpayer funded money machine has been working like a large sociopath to destroy us individually,and steal from us in the process. Goal#1 of State of Oregon Panning goals and guidelines is citizen involvement,and instead of encouraging it,your applicant has done everything possible to stifle it. How? Let me tell you. 6 canals were listed as eligible for historical recognition in 1994 by the county and cities of central oregon in conjunction with State Historical Preservation Office(also called SHPO)--only small unattached portions remain,for most of these have been sealed,piped,moved,or otherwise altered by the irrigation districts over the years. The landowners of the Pilot Butte canal want to preserve it,and completed an application for historical designation. It was to be submitted to the Historical Landmark Commission—but that was not allowed by the front offices of the city or the county. We tried,but this is what happened_ 1. When we first inquired about filing an application,the county told us to go to the city,and the city told us to go to the county. Nobody would accept the application for over a month. We had to obtain legal advice and pressure to get the county to accept it. 2. Finally,we submitted to the county. The county just mailed back the application to us,with great big red letters of avoid"on our signature pages. No reason,no letter,no money back. When we went to the county about the money,they returned our original check to us more than a month afterwards.The check was never processed. 3. We revised the application,added more information,and Included the Canal View subdivision at their request. They are in the city,and we are in the County,but the Urban Reserve portion of 3 Bend City. We wanted to submit it to both the city and the county. Neither were cooperative or helpful,in fact the city wanted to just"take"the application and never record it in their records. 4. The county sent a short one page letter stating that COID told them they owned it,and didn't want it preserved. There was nothing to show they had legal title,but the county returned the application and the money. 5. The city telephoned and said that since the county had rejected it,so would they. They mailed back a partial application,confiscating all the signature pages,the assessors records showing that we were the legal title holders,and several hand prepared original maps. They have NOT returned the money to us,or any of these pages,in spite of our requests for them. In spite of all the city,county,and state requirements for protecting historical features,we cannot get the application to the Historic Landmarks Commission for review. Why?? History tells the story: Juniper Ridge was built In 2009. A power plant was built on State Park land. COLD told the city of Bend that they would pipe the canal across their property,and destroy the beautiful 30 foot waterfall that was a possible center of interest for the property. They acquires$27.5 million in grants and loans under false pretenses—telling the non-profits and governmental agencies that this was a conservation project when it was totally hydropower. They were taken to LUBA(Land Use Board of Appeals),and lost—they had lied on their applications. It was referred back to the County and has not been resolved at this time. These funds are totally COID's and there is no oversight on them once they are granted,so of course COID wants to do more and get more income with no investment necessary.No oversight,spend as you want,and rake in the profits from it The City of Bend did not like the idea of a 9 foot diameter pipe bisecting their property,so they were offered a deal by COID—blackmail—for$280,000 the pipe would be buried. In other words Bend City spent 9 times more than it would have cost to bring all utilities to the property,and make it desirable for Oregon State University rather than the landlocked pit in a horrid traffic area that they are now looking at. The dirt slash can be easily seen on Google Earth—for true to their word,COID did not do anything but throw rocks and dirt on it. ATVs and motorcycles now nave made it their own race track. Your applicant went to SHPO,and misrepresented the request by claiming we were an agricultural area in Alfalfa. The official review stated"Reclamation,in consultation with SHPO,determined that replacement of the open i-lateral with pipe will have an adverse effect upon the historic integrity of the Lateral". A memorandum of agreement was issued to COO without any of the actual owners ever being consulted,contacted,or in any way provided an opportunity of participating in the evaluation. • 4 We had received letters from them stating that someone would be coming along the canal for historical purposes. Just days before COLD cut down all cattails on the canals,and left all the noxious weeks intact The applicant presented this text amendment to the Deschutes County Planning Commission as"an oversight". Break the law and get caught with your hands in the cookie jar,and simply buy your way out of it—with money and legal clout paid for by the taxpayers. The county Planning Department and Legal Departments did not give the Planning Commission or you the complete information on what this text amendment would do. The Review was simply a rubber stamp of the demands of COID. No contact was made by COID or anyone in the County offices with affected residents. Butleltin small legal notice. 1994—dechutes population 91393—circulation 20,000 21% Pop.In 2012 162,277 circulation today 20,0000 12% Actual circualtion includes Prineville and Madras so these numbers would be lower if I had been able to get the actual area populations—they are out of this county. 4 nights of review,Planning commission voted unanimously to DENY the request. Their duty is to provide you with recommendations of code changes and amendments in the unincorporated area. You should consider thoughtfully their decision,and reasons for it We now know that COID has approached the Federal level stating that they own the canal,and therefore can do anything they want on it. They still refuse to accept our true ownership and their easement rights-- If you say a big enough lie often enough there will be some who believe you. In the mean time we are small in numbers,financial clout,and professional assistance,and are trying to make the citizens of Bend and Deschutes County realize the full impact of what is proposed. The power plant footprint is about an acre,but with all the accompanying space for parking,equipment, supplies,the actual power plant takes a space roughly 2.5 acres-330 X350—this will not fit into the canal bed—so do not assume anything while taking to them. The canal scar in Juniper ridge is about 1.40 across—whereas the actual canal and ditch rider roads in our area average about 80 feet across. You can tell from these numbers that the piping creates more damage than the present canal,and that without any form of reimbursement at all to the landowners,this is downright theft. They have now approached you—don't you wonder why? Let me summarize the reasons. • 5 1. They broke the law,got caught by LUBA--and in Sociopath manner—instead of rethinking what they were doing,they went around behind dosed doors to get their way with lies,bribes, blackmail. They started the mass publicity of downplaying us and our concerns for the canal and the animals. They told laughs"at our expense,belittling us. They lied to the Deschutes Historical Society about their real goal, and would not allow us time to inform others of the truth. 2. They want this text amendment because if you grant it,you will eliminate everyone including yourselves from ever being able to review and discuss anything they do. Hydropower is a conditional use in much of the county including our zoning,but that is not sufficient if you be able to gag all future public discussion. By limiting what you have been told by your own county offices,you commissioners are unknowing accomplices in this act. The county offices have not protected you—and you have already granted the irrigation districts total monopolistic control in some areas. under conditional uses permits,they must have public discussion and come in with completed plans,budgets and be open to discussion on them. That is not what they want. They are taking taxpayer money and using it any way they want. 3. They held a special meeting on COUNTY property to share their propaganda with the other irrigation districts,the utilities,the press,the politicians. It is so nice to have the bottomless pit of taxpayer money and all their staff and paid advisors to prepare professional presentations,give them all box lunches,and brainwash them. This is not a hydropower discussion. This is a text amendment. But the net result of that meeting is the smokescreen you have seen tonight. Additionally the employees of all those non-profits and utilities have now been told that if they speak up on any of this topic they will lose their jobs. When the facts don't support you,you grab a bigger club. 4. The reason for their desire for hydropower is simple. They get all the free taxpayer money from grants and loans,build their empire,and get paid considerably more than any other power producer in the state—they talk about the million dollars of profit they will soon be making—but this money is not going to help the people of Deschutes County-just COIL). Use taxpayer money for their own benefit. 5. Perhaps most importantly—by allowing piping,you have given the irrigation districts a way around the Bend City requirement that hydropower projects are not permitted unless they are physically connected to an existing dam,diversion,or conduit. You have given them all a"golden ticket"to destroy all residential areas. 6. The county government and the city government are in agreement with COIDs request because they have been promised a big pay out for their support. They have been bribed with some of the water rights they will acquire from confiscation of rights from landowners,as well as what they will"SAVE" in reality stealing from the water aquifer and City of Redmond,the ranchers,the farmers,and the irrigation districts who acquire water from the aquifer for their customers. Did the city of Bend hold a public hearing on whether or not to comply with the request on the letter of support you received? Behind closed doors for the water rights they will receive the decision was made. 7.The applicant has made deals with other irrigation districts and the water they"save"(in reality taken from the Deschutes)will go elsewhere for others use—while COID retains the water rights. This will not .1 6 help the Middle Deschutes.This is NOT conservation. In the mean time,the animals will die.And history will be obliterated for greed. The final straw occurred within the last 2 weeks. We were individually approached by members of the opposition offering us solar powered water features to be built in our back yards at their expense,if we would agree with CO1D's request. The only noises about"water feature"have been those pushed by COID—not from our side. This is blantent attempted bribery What are our options if you pass this? COID has changed their plans so many times it is impossible to know what they are really planning. You will have gagged all the citizens of Deschutes County for the sake of CHID--this is not about hydropower,but total monopolistic power and control. They are taking the divide and conquer method—small groups of residents with little forewarning You will see them again and again and again until the groundwork is all laid. But unlike Steve Johnson who has laid so much of the groundwork and is leaving town before the bulldozers and blasting begin in order to avoid being part of the mess,you and I will still be here suffering the consequences. The only actual view of the pipeline that was shown in the Planning Commission meeting showed they will not be putting the pipe in the canal. They are planning on destroying more of our property,and taking more ground. They now state they can take the full 110 year old easement—(which was not all used and therefore has essentially been abandoned)—and an additional 50 feet—for me,that would amount to over an acre of land (2/5 of my property)that I would lose totally,with no financial reimbursement at all. Others find that the pipe will be right at their back door—literally. But don't even think about making them bury it. The north west portion of Bent is a big basalt shelf---if they blast or jackhammer it,the damage to our homes is considerable. A home 600 feet from the forebay of Juniper ridge had foundation damage during that blasting„and every home is considerably closer to the proposed pipeline—In fact many are so close that the damage might be total. You are not dealing with a hydropower question tonight,but rather one of power—the Godfather of irrigation districts has told the minions to jump and they all appeared and asked how high. You have been elected to watch out for the people of Deschutes County—please do it. Make the hydropower requests go thru the proper channels. Don't allow them to cobweb Deschutes County and destroy our road system with mounds of weedy dirt the height of a house. Don't allow them to destroy all the homes along all the canals in Central Oregon with blasting. Don't allow them to destroy all the historic canals Don't allow them to have piping as a permitted use. .4 1 ANALYSIS TO THE STATE,COUNTY AND CITY POLICIES THAT IMPACT THE DECISION OF PROPOSED TEXT AMENDMENT (all following information is directly from the listed documents—direct quotes—no commentary—) State of Oregon—OREGON'S STATEWIDE PLANNING GOALS AND GUIDELINES Overall introduction: • Oregon's planning laws apply not only to local governments but also to special districts and state agencies. • It's no coincidence that CITIZEN INVOLVEMENT is the first among Oregon's 19 statewide planning goals. Extensive citizen participation has been the hallmark of the state's planning program from the onset. GOAL 1----CITIZEN INVOLVEMENT OAR 660-015-0000(1) (full text of this Goal will be included at the concussion of this paper for your convenience as this is so applicable to the question) • To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. • The program shall provide for continuity of citizen participation and of information that enables citizens to identify and comprehend the issues_ • Goal 1.1 Citizen involvement—to provide for widespread citizen involvement. The citizen involvement program shall involve a cross-section of affected citizens in all phases of the planning process. The committee or citizen involvement shall be responsible for assisting the governing body with the development of a program that promotes and enhances citizen involvement in land-use planning... • Goal 1.2—Communication—to assure effective two-way communication with citizens. Mechanisms shall be established which provide for effective communication between citizens and elected and appointed officials. • Goal 1.3—Citizen Influence—to provide the opportunity for citizens to be Involved in all phases of the planning process. • Goal 1.6—Financial Support—to insure funding for citizen involvement program. Adequate human,financial and informational resources shall be allocated for the citizen involvement program. • Goal 1 guidelines-- o A Citizen involvement—a program for stimulating citizen involvement should be developed using a range of available media(including television,radio,newspapers, mailings and meetings). o B. Communication—newsletters,mailings,posters,mail-back questionnaires,and other available media should be used in the citizen involvement program. o D.Technical information • Agencies that either evaluate or implement public projects or programs(such as,but not limited to,road,sewer,and water construction,transportation subdivision studies,and one (??) changes)should provide assistance to the citizen involvement program. The roles, responsibilities and timelines in the planning process of these agencies should be clearly defined and publicized. • Technical information should include but not be limited to,energy,natural environment political,legal,economic and social data,and places of cultural significance as well as those maps and photos necessary for effective planning. 2 o F.Financial support—the level of funding and human resources allocated to the citizen involvement program should be sufficient to make citizen involvement an integral part of the planning process. GOAL 5—NATURAL RESOURCES,SCENIC AND HISTORICA AREAS AND OPEN SPACES OAR 660-015- 0000(5) Local governments shall adopt programs that will protect natural resources and conserve scenic, historic,and open space resources for present and future generations. These resources promote a healthy environment and natural landscape that contributes to Oregon's livability. Local governments and state agencies are encouraged to maintain Current inventories of the following resources: a) Historic Resources: b) Open Space c) Scenic views and sites A.Planning 2.The maintenance and development of open space in urban areas should be encouraged. DESCHUTES COUNTY—COMPREHENSIVE PLAN Organized into 5 chapters • Background—involving the public in planning is the critical part of Oregon's land use system. To participate in land use decision the public needs to be notified of the proposal or project, understand the legal framework for the decision and understand the implications of the decision. • writing new policies and code language is often referred to as the Legislative process because this is where the policy direction is set and regulations are adopted. Policy implementation occurs when land use codes are applied to specific projects or proposals...Qusasi judicial process because it is where the project or proposal is judged for compliance with existing codes based on findings. • The Deschutes County Planning Commission provides recommendations to the board of County Commissioners on and use,primarily legislative code changes,for the unincorporated areas of the county. • The Historic Landmarks commission serves as a hearings body for matters concerning historical districts,buildings,and structures and sites within the county(and the cities of Bend,La Pine, Redmond,and Sister)_ • Section 1.2 Community Involvement Policies. • Policy 1.2.3 d Hold area-specific comprehensive plan and zoning text amendment public hearing in locations and at time convenient to area residents,as appropriate. • Section 1.3 Land Use Planning---...there may be impacts on the neighbors in the form of odors, traffic or blocked views. Land use regulations attempt to...maintain the livablity of the neighborhood and wider community. • Goals and Policies— Policy 1.3.1 Protect the limited amount of privately-owned land in Deschutes county through consideration of private property rights and economic impacts to property owners and the community when creating and revising land use policies and regulations. Policy 1.3.2 Consider Sustainability and cumulative impacts when creating and revising land use policies and regulations. Policy 1.3.3 Involve the public when amending County Code. BEND AREA GENERAL PLAN—CHAPTER 1—PLAN MANAGEMENT AND CITIZEN INVOLVEMENT • The goals set forth below provide general guidance for improving the character and quality of Bend area as growth occurs. 3 • Neighborhoods—Create and preserve attractive neighborhoods for living • Natural Beauty and Heritage—protect and enhance Bend's natural beauty noting especially the trees,rocks,rivers,view,sounds and historic structures. • Appearance of structures—ensure that the"built environment"is as attractive as feasible. • Diversity of quality Living Options—Assure the opportunity for a wide variety of housing and neighborhoods within a community diverse in education,income,employment,and recreation opportunities. • Public/Civic involvement--encourage involvement by all citizens,corporate and individual. • Managing Growth—since Bend is a regional economic center and tourist destination,its street system must support an exceptional number of vehicle trips. The General Plan will provide for "Improving the connection of streets and/or pedestrian corridors within and through neighborhoods to reduce unnecessary out-of-direction trips. • Citizen involvement 16. The city will use other mechanisms such as,but not limited to, meetings with neighborhood groups,planning commission hearings,design workshops,and public forums,to provide an opportunity for all the citizens of the area to participate in the planning process. CHAPTER 2—NATURAL FEATURES AND OPEN SPACE • A wide range of types and sized of open space and natural features within the urban area should provide diverse plant and animal habitat,visual and spatial breaks from urban uses... • The interaction of land,water,plants,and wildlife though the millennia created a pace that attracted—and still attracts—people because of the beauty and natural features. • To help ensure Bend's livability,the following additional goals should be implemented to provide long-term protection of open space and natural features: • To preserve interesting and distinct geologic formations and areas of natural vegetation • To support the coordinated efforts of public agencies,private organizations and individuals to preserve and enhance the area's natural features and open space. • Table 2-1 types of open space—under the corridor or linear open space which serves as a visual break,community appearance,and wild life corridor is listed Irrigation canals in the top position. Under private space is listed passive or active recreation relaxation and resting,and wildlife habitat—described as house yards. • Although it is difficult to precisely define what"the natural character"means to people,it can be considered a composite of features typical to Bend,ancient volcanic rock outcroppings,large ponderosa pines and junipers,the Deschutes river,improved public and private open space,and a relative abundance of wildlife and waterfowl. • The smaller scattered areas of special inters...are more prominent rock outcropings and rock ridges in the urban areas. • Keeping these features relatively intact will help retain the natural character of Central Oregon as the communty grows. • Policies—natural features and open space-10.The City shall develop standars to conserve mature native trees... • 14 The city and county shall have the primary responsibility for providing opportunities for the creation and management of private open space areas • Deschutes Basin Study policies--- • 14. Hydroelectric projects that are not physically connected to an existing dam,diversion,or conduit are prohibited. • 15The city and county shall develop a program to assure that hydroelectric projects located within existing man-made transmission systems and using existing flow regimes or physically . 4 4 connected to existing dam,diversion,or conduit,but not using existing flow regimes,are subject to the following provisions. o ii hydroelectric projects shall not increase the maximum surface area of an impoundment behind an existing dam or diversion. o v, Hydroelectric projects shall avoid adverse impacts if possible. o vii. No hydroelectric project shall be permitted until the plan has been approved through the public review process CHAPTER 3—COMMUNITY CONNECTIONS Goals— To encourage the preservation of historic and cultural resources within the urban areas To foster a sense of historic awareness among the citizens of the community To provide quality green spaces,natural areas,and recreation sites through public and private park land throughout the community. Rapid growth and development make it imperative that the city's historical and cultural resources be identified and protected. CHAPTER 9—COMMUNITY APPEARANCE Goals— To make a concerted effort to improve the appearance of the community To identify those characteristics that give the community its individual identity to preserve and expand those characteristics as growth occurs. Overview— Care should be taken to make certain that older residential neighborhoods retain their charm and vitality and do not enter Into decline. Natural topography,foliage,and rock outcroppings,should be preserved and used to create character within developments rather than eliminated,and grading should be kept to a minimum. Naturally occurring open space,parks and greenbelts provide visual relief for residents and can link a developing residential area to an established one. Policies- 2.Community appearance shall continue to be a major concern and the subject of a major effort in the area. Major natural features,such as rick outcrops or stands of trees,should be preserved as a community asset as the area develops. CHAPTER 10—NATURAL FORCES The natural forces..provide the area with many benefits:a moderate climate,clean air and water, plentiful stream flows and ground water,and natural energy resources from the sun,water and geothermal energy. Policies— Energy conservation 2. Any energy producing projects shall be consistent with the community's wildlife,recreation,open space,and scenic resource values. Steep slopes 2. Any slope in excess of 10 percent shall give full consideration not the natural contours, drainage patterns,and vegetative features of the site to protects against temporary and long-term erosion. Oregon's Statewide Planning Goals & Guidelines GOAL 1 : CITIZEN INVOLVEMENT OAR 660-015-0000(1) To develop a citizen involvement representative of geographic areas and program that insures the opportunity interests related to land use and land- for citizens to be involved in all use decisions.Committee members phases of the planning process. shall be selected by an open,well- The governing body charged with publicized public process. preparing and adopting a The committee for citizen comprehensive plan shall adopt and involvement shall be responsible for publicize a program for citizen assisting the governing body with the involvement that clearly defines the development of a program that procedures by which the general public promotes and enhances citizen will be involved in the on-going land-use involvement in land-use planning, planning process. assisting in the implementation of the The citizen involvement program citizen involvement program, and shall be appropriate to the scale of the evaluating the process being used for planning effort The program shall citizen involvement provide for continuity of citizen If the governing body wishes to participation and of information that assume the responsthdity for, enables citizens to identify and development as well as adoption and comprehend the issues. implementation of the citizen Federal,state and regional involvement program or to assign such agencies and special-purpose districts responsbilities to a planning shall coordinate their planning efforts commission, a letter shall be submitted with the affected governing bodies and to the Land Conservation and make use of existing local citizen Development Commission for the state involvement programs established by Citizen Involvement Advisory counties and cities_ Committee's review and The citizen involvement program recommerndation slating the rationale for shall incorporate the following selecting this option, as well as components: indicating the mechanism to be used for an evaluation of the citizen involvement 1.Citizen Involvement—To provide program. If the planning consnission is for widespread citizen involvement. to be used in lieu of an independent The citizen involvement program CCI, its members shall be selected by shall involve a cross-section of affected an open,well-publicized public process. citizens in all phases of the planning process.As a component,the program for citizen involvement shall include an officially recognized committee for citizen involvement(CCI) broadly 1 2.Communication—To assure rationale used to reach land-use policy effective bwoaway communication decisions shall be available in the form with citizens. of a written record_ Mechanisms shall be established which provide for effective 6.Financial Support—To insure communication between citizens and funding for the citizen involvement elected and appointed officials. program. Adequate human,financial, and 3.Citizen Influence--To provide the informational resources shall be opportunity for citizens to be allocated for the citizen involvement involved in all phases of the planning program.These allocations shalt be an process. integral component of the planning Citizens shall have the budget.The governing body shall be opportunity to be involved in the phases responsible for obtaining and providing of the planning process as set forth and these resources. defined in the goals and guidelines for Land Use Planning, including GUIDELINES Preparation of Plans and Implementation Measures, Plan A.CITIZEN INVOLVEMENT Content, Plan Adoption,Minor Changes 1.A program for stimulating citizen and Major Revisions in the Plan, and involvement should be developed using Implementation Measures. a range of available media (including television, radio, newspapers, mailings 4.Technical Information—To assure and meetings). that technical information is available in an understandable form. 2. Universities, colleges, community Information necessary to reach colleges,secondary and perry policy decisions shall be available in a educational institutions and other simplified, understandable form agencies and institutions with interests Assistance shall be provided to interpret in land-use planning should provide and effectively use technical information on land-use education to information.A copy of all technical citizens,as well as develop and offer information shall be available at a local courses in land-use education which public library or other location open to provide for a diversity of educational the public. backgrounds in land-use planning. I 6.Feedback Mechanisms--To 3.In the selection of members for the assure that citizens will receive a committee for citizen involvement,the response from policy-makers. following selection process should be Recommendations resulting from observed: citizens should receive notice the Citizen involvement program shall be they can understand of the opportunity retained and made available for public to serve on the CCI;committee assessment Citizens who have appointees should receive official participated in this program shall receive notification of their selection; and a response from policy-makers.The 2 s committee appointments should be well general public,through the local citizen publicized. involvement programs,should have the opportunity to review each proposal and B.COMMUNICATION application for a land conservation and Newsletters, mailings, posters, development action prior to the formal mail-back questionnaires,and other consideration of such proposal and available media should be used in the application. citizen involvement program. 5. Evaluation-The general public, C.CITIZEN INFLUENCE through the local citizen involvement 1. Data Collection-The general public programs, should have the opportunity through the local citizen involvement to be involved in the evaluation of the programs should have the opportunity to comprehensive land use plans. be involved in inventorying, recording, mapping,describing,analyzing and 6. Revision-The general public, evaluating the elements necessary for through the local citizen involvement the development of the plans. programs, should have the opportunity to review and make recommendations 2. Plan Preparation—The general on proposed changes in comprehensive public,through the local citizen land-use plans prior to the public involvement programs,should have the hearing process to formally consider the opportunity to participate in developing a proposed changes_ body of sound information to identify public goals,develop policy guidelines, D.TECHNICAL.INFORMATION and evaluate alternative land 1.Agencies that either evaluate or conservation and development plans for implement public projects or programs the preparation of the comprehensive (such as, but not limited to, road, sewer, land-use plans. and water construction,transportation, subdivision studies,arid one changes) 3.Adoption Process—The general should provide assistance to the citizen public,through the local citizen involvement program.The roles, involvement programs, should have the responsibilities and timeline in the opportunity to review and recommend planning process of these agencies changes to the proposed should be clearly defined and comprehensive land-use plans prior to publicized. the public hearing process to adopt comprehensive land-use plans. 2.Technical information should include. but not be limited to,energy, natural 4. Implementation-The general environment,political, legal, economic public,through the local citizen and social data, and places of cultural involvement programs, should have the significance, as well as those maps and opportunity to participate in the photos necessary for effective planning. development,adoption, and application of legislation that is needed to carry out a comprehensive land-use plan. The 3 E. FEEDBACK MECHANISM 1.At the onset of the citizen involvement program, the governing body should dearly state the mechanism through which the citizens will receive a response from the policy-makers. 2.A process for quantifying and synthesizing citizens'attitudes should be developed and reported to the general public. F. 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II Quaternary and Tertiary kilic is and maim iairriom tithe Careades. we+ae Rac.IN Lot c to Wayne manna,cdimrniarp nick d die Cool Rmee. 7cr(im) imsuy IIN W *lwMiocene sadimen i ry and rakak nrk of the fah c nmruwca of Cow En ae Cr. ,.ladadex the marina 3dene Pm.,and dm mm-rna rte Ii xlrwt Fin d the*nigh=Willamette M5t11ry. 111111 Jurassic and 4,7m-tack-um granite intrusions of the Klamath and Blue Mum. 5 liceeea to Miarxrr rhydite and iln ohuc tatr. Aleta's Revisod Color.jpg https://mail.google.com/ /scs/mail-static!_/js/k=gtnail.main.en.1313ic r r��, ! R,..pr/ c s P,00r+j �J Iii i".�',�,d.. ��i'../7\.T'�����W J (J"b,rv,1 J:J„,1,L1) Distance from Current COID Eastment to Existing Homes 600 feet X 500 feet - 400 feet 300 feet j , 200 feet E 11 , P� ' � H , , H q, 100 feet � p ' ���� �l1111IIII a p -___ Damage reported in 2009 at 600X feet from blasting site in Juniper Ridge included Cracked Foundations and Dry Wall Cracks. 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'4„.,.'"'14"4 ii .1", '.."'''','+.1, .",„';...(.1.!,'"%,„.,., t x.•— , . _ - 4.. 'JUN ED L 3 4 2014 June 24,2014 Desc (lleS E , COUnt y CDD Board of County Commissioners C/o Nick Lelack Community Development Director 117 NW Lafayette Ave. Bend,OR 97701 Re: Deschutes Co.Text Amendment 13-4: COD Request to Pipe as an Outright Use in the SR 2.5 Zone Dear Commissioners Raney,Unger,and DeBone, I am writing with regard to Central Oregon Irrigation District's proposed text amendment to allow piping of their irrigation canals within the County's SR 2 %a Zone.I would like to express my support,and to encourage the Deschutes County Board of County Commissioners to approve the text amendment. I have lived in Powell Butte since 1976.From 1976 to 2002,I was a partner in Evans Ranch with my parents and wife.Until 1990,I farmed/ranched raising potatoes,mint,wheat,alfalfa,and cattle.During that time,I rented additional Powell Butte farmland and cultivated up to 500 acres.Though we no longer farm ourselves,as I am now a lumber broker for Horizon Lumber,our farm property is currently rented to a cattle operator.Our irrigated acreage is pasture for cattle and improved grass for hay. Over the past three and half decades,I have observed the transition of Powell Butte land uses from primarily larger owners/operators(many times absentee,i.e.Boston Cattle Co.,Hudspeth Land and Cattle)with flood irrigation systems,to smaller properties/landowners(40-80 acres)who invest in more efficient systems of sprinklers,gated pipe,as well as piped water delivery and distribution.I am in favor of these methods,as their purpose is to conserve our limited water supplies. I also recall the days of ditch breaks,which seemed to happen all too often.Today,a main canal break is very rare.This trend alone demonstrates to me COID's commitment to improved maintenance, construction,and efficiency of the entire system;and I would like to see those efforts supported, encouraged,and developed for the benefit of our region. Another major benefit of this piping project in this specific location is the ability to produce renewable, clean energy for our community.I toured the COD Siphon Power Plant at its unveiling,and what a monumental project that was for COD and its patrons.The District had vision for the betterment of our people and environment when they installed the Siphon Power Plant,as well as the hydroelectric facility in Phase I of the Juniper Ridge Project.I applaud the COLD Board and management for the excellent service they have provided to their patrons,and for their conservation efforts throughout the Deschutes Basin.I see the next phase of the Juniper Ridge Project as yet another forward-thinking plan by COD to save water for all concerned,including,but not limited to,irrigators,fish,and reereationists. Regards, ''er ri,ri Tom Evans "°gyp. . 4 gill HORIZON LUMBER SALES, INC. PQ Box 89•POWELL Bu-rrE,OR 97753 TOM EVANS (541)447-4681 FAX (541)447-4882 ton horimnlumbersales.com 411 Deschutes County Commissioners July 2, 2014 I am a property owner along the COID Pilot Butte Canal,with property at 63435 Overtree Rd. We purchased our property in 2006,with the"Overtree Ranch" Pond still onsite. This pond has been a part of water delivery from the Pilot Butte Canal for nearly as long as the canal has been here,and like the canal itself,is a historical feature,and one for which we paid additional money(both pond right and irrigation rights) for when we purchased our property. The Phase II piping project would significantly impact our property,and our property values. Because of this,I have been trying to work with COID for over a year to get some kind of guarantee that they would not negatively impact our property with the portion of the project on my property. Despite repeated requests to,and promises from,Steven Johnson,I have still received nothing from COID to outline how they would mitigate damages and guarantee that our pond would not be ruined by their project. The attached online map image of the proposed"Ditch Rider Road" (which already shows up on my phone,WTH?) shows the potential impact on our property. In addition,since the addition of Phase I piping and the"forestock",I have noticed additional "washout" along the edge of the canal bank on our property. In the past,COLD has had to come out and install additional rockwork to bolster the sides of the canal so as restore the canal closer to its original bank. This,too,took repeated efforts from an unresponsive COID before anything was done,and after their work,the canal still continues to erode away at my property. 1 believe that the Phase II COLD project allows the county and COLD to take away from my,and other neighbors property values.To allow this major change in the canal system to be simply approved with a"Text amendment"seems unfair for a significant group of homeowners in SR-2.5. Utility projects,hydroelectric power? Can I now fill my 2.5 acres with 100 foot wind turbines?The Phase 1 hydroelectric project was approved for the rural area within city and county space,and that may be a rubber stamp for Deschutes County,but your development plan for SR-2.5 zone requires that you fully consider the impacts of these projects on the homeowners and communities they affect. When Steve Johnson from COLD came in and told me about the project in an effort to press me to sign their excavation agreement,He told me the project would"go on either way,buried,or along the surface if the neighbors won't go along with excavation",Thus putting a"gun to my head",as the impact of an unburied pipe in my backyard is much worse than doing it properly. As you may have seen when touring our property,our property is"where the road ends"for the COLD. Their access road stops at our property for several hundred yards/five or six houses before picking up again downstream.You approved development and building permits in the Overtree Ranch area,and COID never completed their road. Without it,they will not be able to install their pipe. If their road encroaches on our pond, who pays? While COID and I share easement rights,surely you have to be able to see how the County's power should be put to bear so that at the very LEAST, we don't end up with an even worse,unburied pipeline eyesore because there was no plan agreed upon when the project was approved,and no requirement to bury it to reduce the impact on the neighborhood? This planning commission must also be able to grasp the concepts presented.Jeff Perrault,from USGS studies of the Deschutes Basin about the so called"loss"from canal leakage actually being a significant contributing portion of the groundwater recharge for the voters of Deschutes county. Much like the USGS study in Washington State on the potential for a landslide that was ignored,what impact will ignoring these studies,and piping the canals have on the future water needs of Deschutes County voters? Instream replacement and hydroelectric power is great- There are plenty of opportunities for those tools as well,but let's not let COID use a "backwards argument"to needlessly alter this historic canal system that has served Central Oregon for over a hundred years so well,and is now a part of the groundwater"ecosystem"and so many family's homes and hearts. After all,their current Hydroelectric system IS up and running already in Juniper Ridge. This commission has also seen evidence from an"Energy Trust of Oregon" document(their own proposal to attract Money for this project),which cites a"20 lifespan of the project". What happens when that pipe,now 20 years old,under pressure and the project finished,bursts in my backyard? Do I now need flood insurance? Again,some short sighted thinking in my opinion about the long term changes this project will have on this SR-2.5 neighborhood. I doubt seriously that if this were,again,Mirror Pond,that such a major change to allow a hydroelectric utility project would be allowed by the county with just a "Text Amendment". Commissioners,and Planning Commission members,PLEASE vote that this matter be given due additional consideration and further public input about this urgent matter in our neighborhood.MAKE COLD go through all of the required steps to try and approve a hydroelectric project,but don't let them change zoning with a simple text amendment,to do so would be completely contrary to your mission. Matt and Suzanne Gadow 63435 Overtree Rd 4 umn rtzoroc,1) .ces 0 .1 go . car q.■• ■if •i‘b, im‘*■ ••'• •••••• ••: • • •.• • • t 40: f Off • „.. !!i •• • , • :; • • „.„ ,•• 111., „„. ...„ . ••.; • •••• uI ii rryn- A„. •• • ,:•,•10.1, .„, • „..,..,•,.■•••1...,„•• produces Poorly 1020 NW Foxwood P1 Bend Or 97701 June 30, 2014 Commissioner Alan Unger Commissioner Tammy Baney Commissioner Tony DeBone c/o Nick Lelack Community Development ment Director 117 NW Lafayette Ave. Bend OR 97701 Re: Central Oregon Irrigation District's request TA 13-4. This comment concerns my personal experience of living on a piped canal. I urge the Deschutes Commissioners to approve the COID application TA 13-4 for their JR II piping project. The Deschutes River trail in front of my house is an integral part of my and my wife's daily routine. We walk it many days a week, and our dog's daily happiness mirrors whether she has had her walk along the canyon.The trail is built over the Tumalo Irrigation District's piped canal. It is clearly of more value for my property than the scenic view of an open canal would be. In fact the prospect of a fenced canal, which would be a dry ditch half of the year, would be a real negative. This part of the Deschutes River Trail was only opened after the canal was piped. Bend residents and visitors frequently walk and bike the trail. It is a valuable community resource for many, not just for homeowners along the canal. Bend Parks and Rec has proposed linking this trail to the new Gopher Gulch park on the north side of the river. The value of this trail system cannot be overestimated. Sincerely, Michael Tripp, M.D. 1 Roger and Kristen Lee 20975 Scottsdale Drive Bend,OR 97701 July 2,2014 Deschutes County Board of Commissioners: Commissioner Alan Unger Commissioner Tammy Baney Commissioner Anthony DeBone 1300 NW Wall Street,Suite 200 Bend,OR 97701 RE: COID text amendment request to remove canal piping from conditional use Dear Alan,Tammy and Tony: I am writing to you today not in my professional capacity,but as a private property owner in Deschutes County that will be impacted positively or negatively by your decision on whether to allow the Central Oregon Irrigation District to pipe canals within the County's jurisdiction without a conditional use process. Because of our work together professionally,this presents an awkward position for me to switch hats to being a"constituent". I have had to counsel my managers over the years to avoid such situations on this or that policy about which they may have strong opinions. However,since this decision directly impacts me,my family and our financial future,I feel compelled to testify. First,I want to say that my wife and I do not want to unfairly demonize the irrigation district for what they are trying to do-put more water back into the river and generate power(and income) for the district. These are not illogical goals. Piping the canal is probably the most effective way to conserve water. Having an expedited process by which to do that would certainly make the job easier. The irrigation district has a considerable investment in a small-head hydro plant from its Juniper Ridge project. I feel it is also important to note that we,as property owners, have not been badgered by C OID staff for our support regarding their desire to act on these goals. With this stated,we do have some serious concerns about what the district is asking Deschutes County to change in the development code. We purchased our home on Scottsdale just over 12 years ago in large part because of the privacy and physical beauty offered by the canal-for which we paid a premium. The property has a very attractive waterfall(roughlya Class 3) that for six months of the year nearly drowns out all other ambient noise in the neighborhood.We've invested most of our life savings into this property, building two attractive barns,fields and paddocks,underground irrigation system for nearly the entire 2.5 acres as well as a half-acre of intensive landscaping. Given the piping within the Swalley Irrigation District,we later came to understand that piping of the Pilot Butte canal could be an issue for our property. What we have not been prepared for and probably never will be is the construction of a very large (100-200 feet long, 10-15 feet high,30 feet wide) concrete structure in what amounts to our back yard. According to COLD,this "forebay" is necessary both efficiently funnel and raise the water level for the hydroelectric project- Phase II of Juniper Ridge. The forebay for Phase I of COID's Juniper Ridge hydro project is about as undesirable from an aesthetic standpoint as a property owner can imagine- concrete,chain link and bathed wire. This structure is proposed to be built on our property- property for which we pay taxes and insurance. COLD is asking the county for permission to build this structure and the piping that would accompany it,without any input or consideration from the owners of the property in which it is built. This seems very inconsistent with Oregon land use law. Oregon's landmark land use system provides the opportunity for pretty much any resident anywhere to appeal local discretionary land use decisions. In my economic development work the past 21 years in the state,I've seen this "right" to appeal and provide input exercised again and again by people and organizations without any standing- not even residents of the community in which a project is proposed. In the case of the Pilot Butte Canal,the property is not even in the ownership of the irrigation district,which has an easement for a canal to transport water. Why should the property owners on which this easement is overlaid have no say in the construction of... say,a power plant? There are solid reasons why the Deschutes CountyPl_an_ning Commission voted unanimously to deny this request from COID. Was it to make the district's work harder? I don't believe so. It centers around the fact that property owners should be able to have some say about what is developed on the land for which they pay property taxes. Certainly the canal and its easement existed long before the neighborhood was developed. We understand this. However,it does not change the fact that a neighborhood has developed around it. Inserting a concrete structure of the magnitude proposed by COLD on the Pilot Butte Canal,will undoubtedly,impact property values negatively. Given this value issue,allowing any irrigation district to proceed with piping,power,public trails or any other use on private property without the input and impact analysis offered by a conditional use process seems simply irresponsible. This is not public right-of-way used for streets,power,natural gas and other utilities. It is private property. You are intelligent and thoughtful leaders of our county. I know this to be true because time and time again,I've seen it in action. I trust that you will make the right call to deny this request as recommended by the designated volunteer agents of the county- your planning commission have already done. Please don't hesitate to contact me (541-390-8989) should you have any questions or if you would like to discuss our perspective on this issue. Sincerely, Roger J.Lee Good Evening For the record, my name is Robert Rector. My wife and I have lived in the Canal View subdivision of Bend, Oregon for the last 9 years. I oppose Text Amendment 13-4 because it is not consistent with Oregon's Statewide Planning Goals and Guidelines: Goal 1-Citizen Involvement and with Deschutes County's Comprehensive Plan: Section 1.2-Community Involvement. On March 27 your Planning Commissioners unanimously denied this Text amendment. I am here tonight to request that you keep the text of DCC 19.20.020 and 19.20.030 as is. This slide shows the criterion for establishing eligibility for the National Registry. Please note the one highlighted, Criterion B Person, establishes National Register eligibility of a resource if it is associated with the lives of persons significant in our past which the Pilot Butte Canal meets in that it is associated with Alexander Drake the founder of Bend. Also, a measure of integrity based on a 5 point scale further defines the significant of a resource. The next slide shows that the only canal in Central Oregon that meets all Criterions A, B and C is the Pilot Butte Canal. It also has a total measure of integrity score of 12 out of 15. Recently, Pat Kliewer and several others submitted, to the County and the City of Bend, an application for designation of the proposed section of the Pilot Butte Canal. This application was signed by every property owner in the SR-2 zone, all property owners in the Canal View subdivision, and all property owners extending upstream to Empire avenue. We all felt that if we could save a portion of this canal we would be doing a great service to the community and the City of Bend. Unfortunately I regret to inform you that the applications were rejected at COID's request who claim they own the canal even though we pay the taxes on it. In the fall of 2009, COLD started piping Juniper Ridge with an estimated construction cost of $26,048,675 dollars for a hydro electric facility that only generates power during irrigation season, 6 months out of the year. Please note that Public Safety, water conservation and Parks and Recreation are not even mentioned. COID is responsible for maintaining the piped area by planting native grasses, clearing away all noxious weeds and debris. It's been 5 years since this section of the Pilot Butte was piped. This burden will surely fall on the property owners of Juniper Ridge Phase II if you allow it. During your tour of the Pilot Butte Canal that would be impacted by Juniper Ridge Phase II you had the opportunity to observed this, It's the intake required for the Hydro Electric facility that COID installed as part of Juniper Ridge Phase I. This slide shows how it looks when the canal is off. This is the proposed intake for Phase II. The picture above is an aerial view of the intake for phase I, below is same site at ground level. NO intake facility required for hydro electricity belongs in an SR2-5 or City zone either above or below ground. What this slide does not show is the 5 foot berm that will run from the beginning of the intake through 7 home of Canal View Subdivision. This dirt berm structure is not for the conservation of water, it's sole purpose is to increase the available head of the water flowing into the pipe so that COLD can generate more electricity at their hydro electricity plant as told to us by COID representatives. This structure will have an adverse effect on the flow of water in the canal and significantly reduce our property values. It will also burden property owners that abut the canal by covering up lawns, landscaping and irrigation systems. The following few slides show the equipment that was used for this project. These last slides show you the close proximity of homes within the construction Site. This type equipment in residential zones spells Trouble. Approving Text Amendment 13-4 would deny Bend residents that live along this section of the Pilot Butte Canal the right to have any say with regards to Land Use Decisions that would adversely affect the Pilot Butte Canal and their property values. It would also be going against Oregon's Governor, Barbara Roberts (1991-1995), who back on July 13, 1992 stated that "Citizen Involvement is the cornerstone of land use planning in Oregon". I was glad to see that the Planning Commissioners realized the importance of this type of involvement. Remember that these county zones were established by elected officials, like yourselves, who's goal was to provide direction for a community as it grows giving them the people the right to participate in decisions that will ultimately affect their property and livability here in Bend. A vote to deny this text amendment will demonstrate that you too, like your predecessors, understand that Community involvement is the cornerstone when it comes to land use planning in Oregon. Thank you CZI U as "r""') u a �p$v� � t r �•_ *,. - f 4 x\S.,.. yt,ry Y c '*•,3 r! X'''tti z!e S. .: ClI I .:.M .'�Y err- LC~` 4 ,.. 'rte . -, ' ' } + +?t,ti, rya Tk +`y } .a?< ?t)St...". r tif`k. 1'7' " ' _y,.. .j 0" 4 rz: 1 T - 1 ' 2 r at S f ri.'. • #'....---N7';';;;:; rte' fj1e R} 5�. .. ••• - •'"r }t Fad",ggt7 ..t' £s 1i^.-,-':.... ..,.T,;:;":,.:-,11.$1%."11',.,i.• 4,-: k",,v '"i, .+-tiw, 'T:b y '8 4 y a .. . fi `57 f.�S:05? ,,.?At,x .11.& ,}T" r�fWs7�f�a• �. 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K ap� b b M c" O of flU ) `� O f3, 0y p b 'b 0 c a)u m 3 G '14 } �i/r..f's�- F . 0 g .:_, 0~O O l� b 4 aa)j G cal p N 0 +w�.� � 4 f u 7. C7 'J CC c E V 4 F` .5 E rs w a 1U ! y E 04-8 ct 0 c .. A2 0 n C1 t0 0 7. f3, 7 O .: U A C '- 4a' -0 d 3 cad „, '.s7 U m jjifli ¢ . c N , E � G ., 0 � U ,. A N s a U oF . -5 .s ,= U . Q &).9, in 146 K q Alp a i AA VJ ell rr�� VJ CD Cid bp Q tvii E co ° o E a) (1) o Document Reproduces Poorly (Archived) di ems. Good Evening For the record, my name is Del Swan and I live at 63575 Overtree Road in Deschutes County, Bend Oregon and have lived here for 21 years. I oppose Text Amendment 13-4 because it is not consistent with Oregon's Statewide Planning Goals and Guidelines: Goal 1 - Citizen Involvement and with Deschutes County's Comprehensive Plan: Section 1.2 - Community Involvement. I am here tonight to ask that you deny this application. If you approve this text amendment you effectively will be taking away my rights as a property owner in Deschutes County SR 2.5 to actively be involved with public hearings and county decisions with regards to any potential piping of the Pilot Butte Canal on my property. This is a real concern of mine because the applicant already has demonstrated complete disrespect for my property In the fall of 2004, my wife and I returned to find large excavating equipment and huge piles of dirt and rock in our backyard from the canal and were never notified either by letter, email or phone from the applicant that this excavation would be taking place. We went to COID's district office to fmd out what they were doing on our property. We spoke with one of the applicant's employee on a very informal basis who informed us they were installing a 50-foot long concrete gauging station to measure water loss. I later had a meeting on our property at the canal construction site with some employees of the applicant and a couple employees from the City of Bend. I was explaining my outrage at the mess they were making of my backyard when one of the applicants employees said, and I quote, "that if I wanted to, I could go down the middle of your backyard and take out all of your trees!" I quickly realized that I was dealing with an organization that had no regard for individual property owner's rights or concerns and excused myself. The applicant never completed the clean-up so my wife and I were left with the burden you see in the photos I've brought with me tonight. I thank you for your time and for allowing us more time before making your decision. i.t., „, .2 JO- II -il Iith b$0 P .£ffi 9,i o Ppt Ui i I L Ztv4 m s ; ,n a 1i.�! lull i!d I Hwfl s o e 1 9200 FP Y' al - . .1oem u _ x " 5'y� fpm �ti�] pM-� a g C MD Y ��c d .Y LJ S� 8 Cy C N L'._, O U L:, . 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JO d,,i ' >n • V ' f Family Farm LLIANCE ' P.O.Box 216 Klamath Falls,Oregon 97601 Protecting Water for Western irrigated Agriculture June 30,2014 Nick Lelack Director,Community Development Department Deschutes County 117 NW Lafayette Ave Bend,Oregon 97701 14 Re: COLD Application Pending for TA 13-4,BOCC Public Hearing July 2,2014 Family Farm Alliance Submittal to the Record Dear Mr.Lelack: A 1 am writing on behalf of the Family Farm Alliance in support of Central Oregon Irrigation District's(COID or District)Juniper Ridge water conservation project,and to strongly encourage the Deschutes County Board of Commissioners to approve the District's recommended text amendment so Phase lI of this important project can be constructed this year. The Alliance is a grassroots organization of family farmers,ranchers,irrigation districts and allied industries in 16 Western states,including Oregon.The Alliance is focused on one mission: To ensure the availability of reliable, affordable irrigation water supplies to Western farmers and ranchers. Our members make constructive contributions to our Nation's economy through their production of wholesome food and fiber products,and have also received national acclaim for their responsible stewardship of our land,water and fish and wildlife resources. In fact,the president of the Family Farm Alliance board of directors—sheep and cattle rancher Patrick O'Toole--is the most recent recipient of the prestigious Leopold Conservation Award in Wyoming for his dedication to conservation that spans generations of his family's ranching operation. The Alliance espouses a philosophy based on the fundamental principle of local and state decision-making regarding water management. We are vigilant in our efforts to protect irrigated agriculture through locally vested water conservation and management that preserves our members'ability to continue to irrigate farm and pasture lands.In the Deschutes River Basin and elsewhere,the ability to pipe a canal is one tool in an increasingly difficult regulatory arena that provides the flexibility to meet multiple water needs. Piping canals may not be a priority for all districts,but it plays an important role for our members in the Deschutes Basin and elsewhere in complying with very challenging aspects of the Endangered Species Act(ESA)and the Clean Water Act(CWA).For example,in neighboring Three Sisters Irrigation District,farmers are receiving 25%more water on-farm and are restoring streaniflows for ESA-listed steelhead and Bull Trout because of recent piping projects similar to COlD's. Without the ability to pipe and develop new water storage,irrigated agriculture in the Western states could eventually succumb to the onslaught of federal laws water users must comply with,including the ESA and CWA. In fact,individual districts could ultimately lose their ability to even divert if some of these other options are not pursued first. 1 1 � + i COID and other irrigation districts that comprise the Deschutes Basin Board of Control are important members of the Family Farm Alliance. Since the 1960s,local irrigation districts,cities,counties and others have undertaken an unprecedented array of voluntary measures to conserve water,return water in-stream for fish and wildlife purposes, and use irrigation water supplies to generate renewable carbon-free energy. District-led conservation projects have reduced diversions by over 200,000 acre-feet annually,leading to higher in-stream flows in the Deschutes River and its tributaries. Recent projects by four districts alone have resulted in the piping or lining of 58 miles of canals, resulting in a return of 91.5 cubic feet per second of water in-stream.All of these measures are designed to sustain agricultural productivity,reduce diversions and increase in-stream flows in the Deschutes River and its tributaries. One of the first applications of ESA section 10(j) in the United States by the National Marine Fisheries Service(NMFS)occurred in the Deschutes Basin because of the proactive water conservation and fisheries restoration work completed to date by COD and other local irrigation districts, along with cities, counties and others in Central Oregon.These water users have received assurances from NMFS that their lawful use of water supplies will not be at risk to the ESA while this designation is in effect.Many water users in other parts of the West have done much to conserve water,restore ecosystems, and take other actions to steward the environment,and have yet to receive the sort of regulatory"assurances"like the Deschutes Basin districts have.The relationship that exists between the local water users and federal regulatory agencies should serve as a precedent for other regions of the West. Raising wool and beef,and growing alfalfa,grass hay,carrot seed,wheat and other products requires a sustainable supply of water.Improving instream flows for salmon,steelhead and other fish and wildlife species also requires sustainable supplies of clean water. The Juniper Ridge water conservation project is a terrific example of how to preserve our important agricultural economy in places like Deschutes County,while improving habitat in Oregon's iconic Deschutes River. These benefits to Central Oregon should be embraced rather than rejected. The second phase of this highly successful project will provide greater irrigation efficiency for the District's 1,500 patrons who rely upon the Pilot Butte Canal,enable the District to increase their generation of clean,renewable hydropower,and return nearly 8 cubic feet per second of water,with senior water rights,to the Deschutes and Crooked Rivers. The Family Farm Alliance has long advocated that local water managers generally know best how to resolve their local water challenges.Most conservation decisions—such as determining whether a canal should be piped,lined or left unlined-made at the local level are the best informed and often the most successful. Irrigation districts may have no other option than to improve their delivery systems and use conserved water to meet required river flows in order to protect their long term ability to divert water for irrigation. In this case,COD has chosen to continue to implement a piping project that has already proven to be successful.If CUD is prevented from pursuing its plan to pipe its open canal,what are the implications for irrigators in other parts of Central Oregon and the West? The Family Farm Alliance encourages the Deschutes County Board of Commissioners to approve the District's request for a text amendment. Sincerely, Dan Keppen Executive Director June 24,2014 Deschutes County Board of County Commissioners C/O Nick Lelack Community Development Department 117 NW Lafayette Ave. Bend,Oregon 97701 Re: Central Oregon Irrigation DiStpct's Application for a Text Amendment(TA 13-41 Dear Mr.Lelack, I am writing in support of Central Oregon Irrigation District's text amendment.Having been in the agriculture industry for 30 years,and a Powell Butte farmer and COLD patron for 15 years,this issue is very personal to me. My wife and I believe that we have an obligation to protect natural resources for the next generation. our community depends on food from agriculture and the plentiful supply of water,especially in the high desert.We have a responsibility to care for the supplies we have,both for ourselves and the animals and fish living here, Other western basins have ignored these responsibilities and they now face serious challenges to their way of life. COID's efforts are a commitment of all of us to support the health of our rivers,farms,wildlife,and communities,and we support their efforts,particularly as they build the piping phase known as Juniper Ridge Phase II. The second phase of the Juniper Ridge Project will restore 7.95 cfs of water back to our river system. This water is currently taken out of the river along with irrigation water to allow for water seepage along the way as the canals carry irrigation water to farms like ours.In the Fall of 2013,our community was concerned about the amount of water in the Deschutes River when hundreds of fish,including protected trout species,died because the side channel of the river around Lava Island,downstream of Lava Island Falls,went dry. Projects like Juniper Ridge give us more flexibility to put the water where it's needed and when,whether to benefit farms or fish water levels. People who use the rivers for recreation enjoy more water too. I would like to thank the Board of County Commissioners for considering this issue and listening to all of the concerns of our citizens,and I would like to encourage them to approve the District's text amendment,for the sake of our basin's future. Sincerely, Gary Eder COID Patron June 30,2014 Deschutes County Board of County Commissioners C/O Nick Lelack Community Development Director 117 NW Lafayette Ave. Bend,OR 97701 Re: COID Text Amendment Application TA 1.3-4 Comments for Record Dear Commissioners, I am a long-time patron of Central Oregon Irrigation District,and I have been involved with agriculture in Central Oregon my entire life. In fact,my livelihood depends on it.My family moved here in 1965,and opened Central Oregon Ranch Supply in 1976. My wife and I now own and operate that same livestock feed and farm supply retail business that serves farmers and ranchers throughout the northwest and beyond. I am greatly concerned with the water situation in the Deschutes Basin.It is for that reason I am writing in support of COID's proposed text amendment,which would allow them to convert a section of the Pilot Butte Canal to pipe within the only remaining zone in which piping is possible,but is not an outright permitted use in Deschutes County. As a property owner who has lived along an open canal.I have empathy for the homeowners who live along the section of canal that will be piped in the second phase of the Juniper Ridge Project. I understand the aesthetic appeal of an open canal running through your backyard,and why it would feel like such a great loss if it were to be gone.However,I also understand the substantial benefits of piping to our cities,wildlife,and farms,and I believe that in the larger picture those benefits outweigh the enjoyment of a utility that was never meant to be considered a backyard water feature. Irrigation canals were first built not for their beauty,but for their function. These canals use gravity to deliver mountain spring water and snow melt to farms throughout our arid region. Central Oregon has a finite water supply that we as a community are responsible for,and we need to be actively committed to preserving it. My wife and I raise cattle,hay,and pasture in the Powell Butte area,and hold a large amount of water rights within the COID boundaries.We have continually made an effort to be proactive and forward-thinking in our fanning strategies. We have partnered with COLD to implement conservation projects and upgrades to my own irrigation systems to ensure that we are efficiently using every drop of water delivered to us. COID also recognizes its role in preserving our precious water supplies,and like myself,they desire to be ahead of the conservation game,to ensure that our basin doesn't end up like the Klamath Basin or parts of California,where they are suffering in large part due to their carelessness when it came to past water conservation efforts. As a member of the agriculture community in this region,I continue to expand my land and livestock holdings as I am able to care for them.I am supportive of COID's text amendment Page 2of2 because I want to see water available for people and the agriculture that supports in perpetuity. I support the District's efforts to improve systems that will benefit not only its patrons,but the community at large.Through piping, I see that COLD can maintain consistency and efficiency in its delivery of water,as well as control the cost of the water itself. I urge the Board of County Commissioners to approve Central Oregon Irrigation District's text amendment,and to continue to support water conservation efforts in the future. Sincerely, • Mark Malott Cattleman,COID Patron, Owner and Operator of Central Oregon Ranch Supply xF Bt Brooks Resources Corporation June 12,2014 Deschutes County Board of Commissioners 1300 NW Wall Street Bend,OR 97701 Dear Alan,Tammy and Tony, In the near future you will be considering Central Oregon Irrigation District's request for a text amendment to enable the District to complete the second phase of their successful Juniper Ridge water conservation project. As a long time citizen and former board member of the Deschutes River Conservancy,I urge you to approve that text amendment. By replacing sections of their 100 year old canal with steel pipe in the project's first phase,the District has conserved water and increased flows in the Deschutes River,benefitting our region's salmon and steelhead , as well as people enjoying the river's recreational opportunities. The District also constructed a small hydropower unit, taking advantage of their annual irrigation deliveries to generate clean energy right here in Central Oregon. This project has resulted in real benefits to our region at no cost to the community. COID now plans to construct the second phase of the project. You must approve a text - amendment allowing the District to replace an additional section of this canal with pipe. This phase will also provide significant environmental and economic benefits to Central Oregon. I know a handful of homeowners have raised concerns about the project, but I believe the District has acted responsibly so far,properly notifying them about the project, offering to minimize construction impacts and even promising to provide native landscaping over the buried pipe. These commitments demonstrate the District's accountability and desire to minimize impacts on neighboring homeowners. All things considered,this project has real merit and is exactly the kind of initiative that Deschutes County should embrace. Please approve the text amendment. Sin rely, / wr Michael P. Hollern Chairman and President 409 NW Franklin Avenue Bend,Oregon 97701 (541)382-1662 (Fax(541)385-3285 www.brooksresources.cam Pnrarel on.wyane Psr Brooks Resources Corporation June 26,2014 Ms.Tammy Raney Mr.Alan Unger Mr.Tony DeBone RE: COlD's Juniper Ridge 11 Water Conservation Project Dear Deschutes County Commissioners: You have an extremely important decision to make at the upcoming hearing to be held this July 2 regarding Central Oregon Irrigation District's Juniper Ridge II Water Conservation Project. I hope you find in favor of COID and its Juniper Ridge II Water Conservation Project as piping that section of cannel is vitally important to our community and Central Oregon. Although the adjoining neighbors will be losing a water feature,the benefits to the community significantly outweigh the cost to the neighbors, Here is why... 1. Our community thrives on tourism/recreation and both the Deschutes and Crooked Rivers are vital to visitors and their experiences here in Central Oregon. Piping the cannel will put more water permanently into both the Deschutes and Crooked Rivers. 2. Piping the cannel will provide COW and NUID farmers a more efficient method of receiving water,thus allowing more conservation to help both the Deschutes and Crooked Rivers 3. Fish will benefit from improved stream flows,again benefiting local tourism. 4. Large scale water conservation will be critical to meeting future municipal water needs. We are lucky to have water and I expect more In-migration as water becomes more of an asset in places like southern California and Nevada. Conserving water now is vital to the future of our communities here in Central Oregon. 5. Again,while 1 am sympathetic to those neighbors that have grown accustomed to a private water feature,the needs of our communities should outweigh that loss. I hope you will agree with these points and find in favor of Central Oregon Irrigation District. You have the future of our community in our hands and I trust you will make the right decision. Regards, ( Jade Ma er �•. Vice P Ident ' € 409 NW Franklin Avenue Bend,Oregon 97701 (541)382-1662 (Fax(541)385-3285 www.brooksresources.com PrieMd m raoyeIN ppe I Paul Blikstad 1 ` From: Tammy Baney Sent: Thursday,June 26,2014 2:59 PM To: Paul Blikstad Subject: FW:COID Juniper Ridge Text amendment FYI... In service to our community- " I-4mm/v Tammy Baney Deschutes County Commissioner 0 541 388-6567 1 F 541 385-3202 1 1300 NW Wall Street, Suite 200 Bend, OR 97701 From:Bill Smith [mailba:billewsai.net] Sent: Monday,June 16, 2014 8:29 AM To:Tammy Baney(tammvb@bendcable.com) Subject: COLD Juniper Ridge Text amendment I understand you are holding a hearing on the 16th to change the County Code's text to allow piping the District's canal in the Suburban Residential zone. The text amendment is needed. This is a vital link in the Irrigation District's plan to save water and generate power. The text amendment to me seems to be correcting an oversight when the Suburban Residential code was written. COID has spent an enormous amount of money and devoted resources to the piping project. The piping battle was waged long ago. Now, leaving this link out of the chain hurts the entire community. Please approve the text change. Bill Smith do William Smith Properties, Inc. 15 SW Colorado Avenue,Ste 1 Bend,OR 97702 (541)382-6691 (641)388-5414 FAX billCc.wspi.net 1 From: Craig Morro To: Elkatettiltirlmi Subject: FW:COLD Juniper Ridge Text amendment Date: Monday,June 16,2014 7:39:19 AM From: Bill Smith [mailto:bill @wspi.net] Sent: Saturday,June 14, 2014 1:19 PM To:Craig Horrell (chorrell @coid.org) Subject: FW: COID Juniper Ridge Text amendment This what you looking for? I have yet to have call backs from the crew so I thought I would type. If this is what you are chasing,then I will type to the other two. Plus I will be more insistent if[when] they call. ) Bill Smith d o William Smith Properties, Inc. ? 15 SW Colorado Avenue,Ste 1 Bend,OR 97702 (541)382-6691 (541)388-5414 FAX DillOwspi.net Fro . , __... ro: Bill Smith Sent:Saturday,June 14,2014 1:17 PM To:Alan Unger(AIan.1,1nQpredeschutes.org) Subject:COID Juniper Ridge Text amendment I understand you are holding a hearing on the 16th to change the County Code's text to allow piping the District's canal in the Suburban Residential zone. The text amendment is needed. This is a vital link in the Irrigation District's plan to save water and generate power. The text amendment to me seems to be correcting an oversight when the Suburban Residential code was written. COID has spent an enormous amount of money and devoted resources to the piping project. The piping battle was waged long ago. Now,leaving this link out of the chain hurts the entire community. ) { Please approve the text change. Bill Smith Go William Smith Properties, Inc. 15 SW Colorado Avenue,Ste 1 Bend,OR 97702 (541)382-6691 (541)388-5414 FAX t)illewspi met ] ) Deschutes County Commissioners June 25,2014 1300 NW Wall St Bend,OR 97701 Dear Commissioners, RE:Canal Piping—TA-13-4 Attached please find the Agreement which prevents COLD from placing any"structure on,in or along"the Pilot Butte Canal adjacent to 9.47 acres of the Canal View subdivision. We request your assistance in holding COLD to their Agreement. The Agreement and Notice is dated September 27", 1996;signed by Ron Nelson COID and Mike Knoell Developer,recorded October 2, 1996. The Agreement covers 9.47 acres extending from the northern most point of Canal View to at least our property,Lot 9 Phase Four being 63330 Brightwater Dr.. Page 2,paragraph 2.states; "No permanent and/or temporary structure shall he permitted on, in. or along the COLD easement".I hope you agree that after seeing the pictures of the recently completing piping project, that berms,concrete chutes, metal grates and the clean out hatches arc in fact"structures". We as homeowners have honored this Agreement by not placing a fence.Gazebo-deck or other structure within the described area. Please help us compel COLD to now and in the future honor their Agreement. Respectfully. Ron and Joy Minnicc 63330 Brightwater Dr Bend, Or 97701 Attachment-Agreement and Notice D E C E I V E " JUN 2 7 2014 BOARADMINISTRATIONNER5 ft• ifi.r�l 424 - 2427 THEREFORE AGREED: I. The parties shall and do hereby provide NOTICE to all subsequent purchasers that the COlD canal and COID right-of..way present,by their very presence and COID's use of the same, inherent risks for personal injury,and injury to personal and real property. In association with the maintenance and use of said canal and canal right-of-way,COI D uses certain and specific chemicals t including but not limited to herbicides end algicides,both in the canal and canal water.and along both sides thereof,end in addition,utilizes and operates heavy equipment on and along the easement area in the maintenance of the same,at COID's discretion,and without prior notice by CO)D to any third panics. In addition,COID will"charge"its empty canals►rich large volumes of water on a periodic basis throughout the winter months and at the beginning of each irrigation season without prior notice to third parties. Said canals,easements,and rights-of way,are integral parts of an irrigation system which provides irrigation wafer to several hormmd water users within Deschutes,kffcrsam,and Crook counties and it is the intention and desire of COLD to avoid any interference with the use and/or maintenance of its canals,easements,and rights-of way,end toprovide all parties with notice of the inherent risks associated with the same. 2. No permanent and/or temporary structure shall be permitted on,in,or along the COIL) easement including but not limited to the installation of any permanent and/or temporary structure:and no gates and/or fencing shall be permitted except along the outer most boundary of the COLD easCmenL l . Pow 7-ACP,SUf!Mr led tltlrlCa(Ctrs/Ot01.1.2.1 r ArAC11a 7aR.TA►nttrlCOW.�irt IURLEY.I.YNCH I R , A tesrwe7t M Low . !a I NW Mirka Art.,Sale],Mead OR 'feral titan Si1-3174553 r Fart 5.14175547 j4 1 424 - 2428 3. COLD shall, and does hereby agree, to sign Developer's final pint with the understanding that the agreements and restrictions herein contained arc intended to be incorporated therein,and to be binding on Developer's heirs,successors,and assigns,and shall be recorded against and run with the land,and that COW assumes no liability for any personal injury,including death,or any damage to real or personal property arising out of or relalyd to the presence and/or use by COID (kits canal,canal easement and/or rights-of-way. DATED the dale and year that above written. CENTRAL.OREGON IRRIGATION DEVELOPER - DISTRICT DV lJ cl QY R N NELSON, Manager MIKE KNO STATE OF OREGON,County of Deschutes,ss: The foregoing instrument was acknowledged before me this 07 day of September 1996. by RON NELSON, Manager, for and on behalf of CENTRAL OREGON IRRIGATION DISTRICT. ,yam- Frt:lAt.s Nosy,Public for Oregon .Aa1AaA a.Me>•N!7 a°rt • . ,' '� Ha ° My Commission Expires Id/13196 • liatOlanSOIDPEES WE'altd STAIVOTORMILDIMMITo Deiebides.as The foregoing instrument was acknowledged before me this Vi day of September 1996, by MIKE KNOELL, Developer: .1={ _ F, � &orbarn. P.1f\441A&-1- - '. aw oneaon Notary Public fat Oregon COLbd14510t1 NO,OSErro My Commission Expires 1011311 i i:i. %r.ctk/ :anivesoetra, 1;01:ACacral Y •„I NrwEIia tr.r&- -rew-hurAz.v:rudrurre77m.p i'a rocuraim ttuar.ar,I.i ai a Ammer Si Lie fat NW Cadge Are.Shc%a.bawd OR 57711 nano 141417-25e11 / reel+41417 1.17 424 ' 2429 DESCRIPTION 9.47 acres located adjacent to Pilot Butte Canal in the Northeast portion of Bend described on the County Assessor's Map 17.12-15CA as Tax Lot 100, tentative Plat No.96-854 The North 1121101 the Northeast Quarter of the Southwest Quarter(N1/2 NE I/4 SW t/4)of Section Fifteen (I5),Township Seventeen(17)South.Range Twelve(12),East of the Willanteue Meridian,Deschutes County,Oregon. EXCEPTING that portion lying within the boundaries of Country View F.states a platted subdivision. ALSO EXCEPTING THEREFROM: Beginning at the CWI/16 corner of the centerline of said Section 15; thence along the centerline of said section North 89°38'20•East.1132.98 feet to the true point of beginning of this description;thence leaving said centerline South 69°25'50"West 232.61 feel;thence South 39° 00'45" West 170.00 feet; thence North 24 ° 15'59" West 231.64 feet to a point on the said centerline;thence along the said centerline North 89*38'20"East 420.00 feet to the true point of beginning and the terminus of this description rrr+ate mplis 8t7 _A {1. - i i fii • 1 t Q24 . 2430 t set P 11 Lt 44 w 1104-, .LaL.r --r 170 . • N r N / I / r m11416rY * 4.0 0 COMPAWT :1 . nib d b lo++{.• Z 4111 .n:.rwq t 4w rwe .w pr 'L.,' Tin smwri• Y • ' r.-` �� '• 1 , I �$ ,, 310 �] r n 1 , 4 ;' 6 i ' .. ra .tai...L,aaaa+w u,a.. II.MI IL 1-3 is 1 1 ii ; :i:: Document Reproduces Poorly .1 ± Phase I & Phase II 6 Document Reproduces Poorly (Archived) M One Down w Go __. . -, ,.,, ,,,.,..,,7-,1 " 1 .r 'A. '''.74::: ". '.1.4.4. ' . *lc t 4. f . - M ile is l',, 411=1.1111r ' r-. Document Reproduces Poorly Archiv z• COID Phase I 41,":,:t• ' . 'p Iii1M. * -.... 1 111' * 11.111Fliglir' % 4 • . .. . .... .,...„ 4totairirplr , $ t UMW 1 .°1•. °': 111Pr ..b, .t.„ ,r 't , , - • 41 iliW '. IIIIPIPIIMPPIF ow, ' ` I h 4 .1 r. 4 ao . ' "r(WIlier, It lit r . . 1 r '4'4 ;0' MOM I Document Reproduces Poorly Archly:. Phase II Wildlife •* _in__• _ - 7,41111 ;;EF 7-""" ••-- '0, =r • •-■ e- - 0C . . lotCY 110. A „I 4 4 'e Open Canal Accidents In the Last 20 Years (Since 1995) Affidavit of Monica Stringer 1, Monica Lyn Stringer, being first duly sworn, say: 1. I am the Legal Assistant to Elizabeth A. Dickson, attorney at law with Hurley Re P.C., located at 747 SW Mill View Way, Bend, Oregon 97702. 2. That in March 2014, I researched and compiled a list of Open Irrigation Canal Incidents in Central Oregon in the last 20 years (Since 1995), through the end of 2013,via the Bend Bulletin, a local newspaper, and KTVZ, a local news outlet and television channel, as well as the Central Oregon Irrigation District archives. 3. That in June 2014, I researched, via the same outlets previously listed, incidents related to public safety and open irrigation canals since January 1, 2014, and found four additional incidents that have occurred since that date involving public safety and open irrigation canals. 4. That I have updated the attached matrix and adjoining exhibits, originally submitted to the Deschutes County Planning Commission on March 13,2014, adding the four incidents which have occurred since January 1, 2014. Slyt/vt,4_-* Monica Stringer SUBSCRIBED AND SWORN TO before me on this 1st day of July, 2014. OFFICIAL SEAL Not ubbllic for Oregon JANTL C MORRIS . /' NOTARY PUBLIC-OREGON 4: or COMMISSION NO.451698 MY COMMISSION EXPIRES AUGUST26,2014 Open Irrigation Canal Incidents in Central Oregon in the last 20 years (Since 1995) i . � f � ,r ry s atP, ,, „ 'C'T--,,,,,J,,,,1:,,,,-4';.a2 1 M Date I ttCident�;cn1w�M r *���+ �,�� � e c �r r! . '� r i G 1°t {-y{ ':ai a ..,.y, ::V. r 3 k4P e ,yr i r� 1 Wednesday,August 28, 1996 Two boys,ages 14 and 12,were Bend Bulletin article,Thursday,August 29, 1996, playing in the North Unit.Irrigation "Madras canal tragedy takes life" Canal in Jefferson County.The boys were swept downstream and the 12-year-old boy drowned when his life vest was ripped off of him by the current. 2 Saturday,June 7, 1997 Todd Evans Reamer went running • Bend Bulletin article,Monday,June 9, 1997, with his dogs near the North Unit "Runner feared drowned,Jour canines found in Irrigation Canal in Jefferson canal" County.Beamer drowned,believed • Bend Bulletin article,Tuesday,June 10, 1997, to be a result of his efforts to rescue "Family grieves for drowned runner, canal his dogs. siphon may yield body" • Bend Bulletin article, Wednesday,June II, 1997, "Searchers,find body in flume" 3 Tuesday,June 29,2004 22-month-old Jonathan Sanchez Bend Bulletin article,Thursday,July 1,2004, "Boy's drowned in CO1D's Central Oregon death renews concerns over safety of urban canals" Canal. 4 Sunday,July, 17,2005 A propane truck overturned and COLD Archives spilled contents into a COLD canal requiring Hazmat clean up. 5 Saturday,November 19, Residential construction excavation • Bend Bulletin article, Sunday,November 20, 2005 near a COLD canal caused the bank 2005, "Canal breaches near Bend homes" to breach and flooded a residential • Bend Bulletin article, Wednesday,August 22, neighborhood in south Bend with a 2007, "Two years after canal breach, irrigation quarter of a million gallons of district is still worried" irrigation water,damaging eight homes. 6 Friday,September 14,2007 A transient was pulled from • Bend Bulletin article,September 15,2007, COID's Pilot Butte Canal near the "Body found in northeast Bend canal" 21100 block of Scottsdale Drive. • Bend Bulletin article, September 19,2007, f The cause of death was determined "Police have ID'd body fund in northeast Bend to be drowning. canal" • Bend Bulletin article, September 21,2007, "Man found in canal identified by sheriffs" • Bend Bulletin article, September 22,2007, "Few clues to events that led to death" 7 Thursday,April 16,2009 A Jeep SUV drove into and COLD Archives completely submerged in a COID canal, 8 Wednesday,June 3,2009 A Dodge pickup truck overturned in COID Archives a COLD canal. { 9 Thursday,June 7,2012 A body was found in Redmond, Bend Bulletin article,Friday,June 8,2012 "Body Oregon in CO1D's Pilot Butte found in Redmond canal" Canal,along the 3000 blocs:of U.S. Highway 97.The cause of death was determined to be drowning. _ 10 Sunday,June 16,2013 Randall Bush,a 56-year-old Bend Bulletin article, Monday,June 17,2013, "Bend wheelchair-bound Bend man man nearly drowns in canal" accidentally tumbled into an irrigation canal and was found face down in the canal along the Larkspur Trail in southeast Bend, 11 Friday,January 24,2014 Deputies were dispatched to find a KTVZ article,Friday,January 24,2014,"Wanted vehicle on its side in an empty Bend man arrested in DUI!SUV crash," irrigation canal.The driver was http:Pww w,ktvz,cntn./news wanted.-hena.-man- found to be intoxicated and was arrested-in-du ii-suv-crash'24102996 wanted by police for other reasons. 12 Sunday, May 4,2014 Two dogs fell into the canal off SW • KTVZ video,Sunday,May 4,2014, "Dog Brookswood Boulevard,killing one drowns in Bend canal," and injuring the other. http:i!www.ktvz.coin news!dog-drowns-in-bend- canal/25810022 • KTVZ article,Monday,May 5,2014, "C.O. canals running again;risks rise with water,"http:'/www.Iavz,cpm'news/co-canals- running again-risks rise-wiith water25824468 13 Tuesday,May 27,2014 Wanted Bend fugitive placed in KTVZ article,Thursday,May 29,2014, "Bend handcuffs,ran from officers and fugitive takes canal swim, still caught," jumped head-first into an irrigation Ilttp::•�s_w w_ktvz.com.inewsThend-fugitive-sakes-canal- canal. He floated down the canal swim-still-caught/26232048 where he was able to gain his footing and stand up.He then ran again and officers apprehended him behind a tree close to the canal. 14 Saturday,May 31,2014 Drunk driver crashes his car into an • Bend Bulletin article,June 1,2014, "2 rescued irrigation canal in northeast Bend. from canal after crash" A female passenger was found • KTVZ article,Saturday,May 31,2014, "Bend sitting on the hood of the car in the DUI!driver crashes car into canal, rescued" canal,waiting to be rescued. hup -ww w:.kwx.enminewsibend_duii-drirer- Deputies found the drunk driver crashes-car-into-canal-rescued126266014 floating downstream,and rescued him using a ladder borrowed from a 1 nearby home. Exhibits Exhibit 1: Bend Bulletin headline from August 29, 1996 Exhibit 2: Bend Bulletin headlines from June 9-11, 1997 1 Exhibit 3: Bend Bulletin article from July 1,2004 I Exhibit 4: Photograph of July 17, 2005 incident from COID archives Exhibit 5: Bend Bulletin articles from November 20,2005 and August 22, 2007 Exhibit 5.a: Photograph of flooding resulting from November 19, 2005 canal breach Exhibit 6: Bend.Bulletin articles from September 15, 19,21-22, 2007 Exhibit 7: Photographs of April 16, 2009 incident from COLD archives 1 Exhibit 8: Photograph of June 3,2009 incident from COID archives Exhibit 9: Bend Bulletin article from June 8,2012 Exhibit 10: Bend Bulletin article from June 17,2013 Exhibit 11: KTVZ article from January 24,2014 Exhibit 12: KTVZ article from May 5, 2014 Exhibit 13: KTVZ article from May 29,2014 1 Exhibit 14: Bend Bulletin article from June 1, 2014 Exhibit 14.a: KTVZ article from May 31,2014 1 I;\datal117\client files\c\cold\juniper ridge-piping-phase ii 102.431\dcschutcs county\text amendment application■puhlic safety v.open canals\June 2014\memo re public safety incidents 6.30.14.docx 3 Document Reproduces Poorly -4,-..'--''-'-''' - ,,,,,,...: (Archived) i p n o . a d '' yy W m at e fi F s n :*. { *� , } . . ... f ? yf - • r 'f kF � = d 4-1• 1., ,.. ,, .,.., . _ •.. , . , ._ t._,g,f,.: = , . .e c- 1-1 5'.',• . 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I 1 EXHIBIT 2 Document Reproduces Poorly Wednesday, June ii, • r (Archived) y 143e17 . f tr A > B _— 0.1110-4111.4 - j9 r -4 4..[ '. ewoa4,•• r, s`+.■.. p 4** F* *** .r.1*ii Amok A ry 1101041 i. *woo-owillomo,iiciiP 7iiPop ■ ,4 4. . 114.1.000 ::gip 4 wt .ialp.r 1 'Ai*APoi, ow 4400:45:04 f le,omi.' *14111.41 't, Oak 4011114• .. . WS 441‘60: 4a14 sIrr fill°, lime ,>St iloa«lot wok pdlioo k«,if it r. rfNf0:4 ., MI*ve,11 I�.±f • Ira,irremwt � 'tow,boo.IN* ?" 1. . r 1 :v: p e is Mw ww►Iliwilrr'rPM�N' r d{1 +6 wN►1 rnIc itt f 44 ths ilmbi*NO Exhibit 2 k Page 3 of 3 EXHIBIT 3 Boy's death renews concerns over safety of urban canals Eric Flowers Published Jul 1,2004 at 05:OOAM The apparent drowning of a 22-month-old child in an irrigation canal Tuesday comes at a time when cities and irrigation districts in Central Oregon are pushing to do away with the open ditches. Two weeks before rescue workers pulled the body of Jonathon Sanchez from the Central Oregon Irrigation District(COID)canal in Bend, District Manager Steve Johnson appeared before the Bend City Council to address the future of urban canals. Johnson told the council that COID wanted to work with the city to move water from the open ditches to underground pipes. One of the major reasons for the district's willingness to work with the city, said Johnson at the time,was a concern about the safety of Central Oregon residents, particularly children who live and play near the canals. At present COID has about eight miles of open canals inside the city of Bend. While Tuesday's apparent drowning is the first in nearly 25 years in a COID canal,the issue of canal safety is not new. In 1996, a 12-year-old boy drowned in Jefferson County after the current stripped off his life vest in the North Unit Canal. A year later, a 28-year-old man drowned in the same canal while attempting to rescue his dog. More recently, Interim City Manager Ron Garzini cited safety concerns about open canals as a rationale for the city to oppose the proposed historic designation of the Swalley Irrigation Canal,a ditch that stretches from Bend to southern Redmond, meandering through housing divisions in some stretches. 'There is no good public safety solution that I know of to open canals," said Garzini,former interim manager at COID in 2003. But the push to abandon the open canals has met with strong resistance by some home and property owners along the canals,who view the ditches as part of the landscape and a boon to property values. Opponents of canal piping living along the Swalley Canal have pushed historic designation as a way to preserve the open canal amid the effort to pipe its waters. Despite the dangers,the issue of public safety has often taken a back seat to water conservation in the discussion about canal piping. Exhibit 3 Page I of 3 EXHIBIT 3 The leaking open canals,which can drop up to 60 percent of their water in some stretches, have been held up as an example of inefficiency in the Deschutes Basin. It's become a contentious political issue in the area around Bend where river flows suffer during summer months and cities are forbidden to drill new wells to meet the needs of residents without special permits from the state. Unfortunately, said Garzini,the tragic death of Jonathon Sanchez only underscores the point that canal piping proponents have tried to make about the hazards of open ditches. "All I can tell you is that in my history it sometimes takes events like this to get people to realize that what we have been telling them is true,"Garzini said. "It's sad to say, but people just tend not to believe or get involved until they see it painfully illustrated." Even some people who have opposed piping efforts in the past said the public safety issue needs to be addressed. Sisters property owner Matt Cyrus fought efforts to abandon a canal near his family's Aspen Lakes golf course development in Sisters. Cyrus said the negative impact on wildlife outweighed any benefits of abandoning the canal for a pipe in that case. But Cyrus said it may make sense to do away with some of the larger canals like COID and North Unit in urban areas. "It's a big policy debate and probably there should have been some safety measure prior to(Jonathon Sanchez drowning)in that location," he said. Canal operators are keenly aware of the dangers that the ditches pose to the public. Swalley Manager Jan Lee said she has testified at two different court hearings related to irrigation ditch drownings in Oregon. Neither was on the Swalley Canal. Lee said she thinks the death of Jonathon Sanchez could have an impact on the overall debate about piping canals in Central Oregon. "I think as a result of the drowning it will be something that will be fresh in people's minds that there is a public safety component,"she said. Irrigation districts are trying to take steps to prevent accidents. COID Manager Johnson said the district just wrapped up a series of radio advertisements advising people about the dangers of canals.Johnson said he appeared on television last week to reinforce the point. The district also polices its roughly 60 miles of canals for trespassers who illegally swim or boat in the ditches,which are off-limits to the public by law. "We work with the media and the public as much as we can,"Johnson said. "We're very active trying to educate people who five along the canal and particularly the children who we find playing in the canal." Those concerns were among the reasons that COLD recently offered to work with city of Bend on a joint project to pipe about three miles of the district's canals in the city. Garzini said the city is working to find funding for that work which is expected to cost several million dollars. Exhibit 3 Page 2 of 3 EXHIBIT 3 "I think as a community we should over time work with the irrigation companies to pipe the canals for public safety, if no other reason," Garzini said. Eric Flowers can be reached at 541-383-0323 or eflowers @bendbulletin.com. • Exhibit 3 Page 3 of 3 Document Reproduces Poorly , It,, ,,:fr (Archived) .94 . . 7*, , , 4, o istio.0; • r ' + , . - " '..." . $ 4 'l','',„', l''' ',.,; l• ',thiltt, . ,- , ..,,.. , , !9.— 14V4i44, . 'U. rib, '4,44 si V ;F. ,Alre":''4411011," --: "'•''' „ '1 1.4,'" '-' , 0,,,Ir• , 411P' 1 :'.■ '. :: „"' -.'.-'45./ "'44" ' .., ° '4'4',girl, t.'"", s ' , . , « ■ 4 . ' ""''' .Ili* 1:1411 ' -' '' , '1' ■ .4"47 kert. t.. ,;011*, , .. ,$ e.r 0 I \t. . X ‘ „ v , 0.;'. ,■. ., ',41' ,, ,..''. t ■ • ,* 1,■ ' k ” '. ' •-• *P- t • , ql. * '''' ' k :r".4'"' Vr' '' rit 4 tp 4 40,4yor,,,r''44 4 \ 4 t ,„060.0 An 44.•is. ' ,' ' '''s ■ ,4 A , '.■„ .0, iiiif 9 Thursday,June 7,2012 A body was found in Redmond, Bend Bulletin article,Friday,June 8,2012 "Body Oregon in CO1D's Pilot Butte found in Redmond canal" Canal,along the 3000 block of U.S. Highway 97.The cause of death was determined to be drowning. _ 10 Sunday,June 16,2013 Randall Bush,a 56-year-old Bend Bulletin article,Monday,June 17,2013, "Bend wheelchair-bound Bend man man nearly drowns in canal" accidentally tumbled into an irrigation canal and was found face down in the canal along the Larkspur'frail in southeast Bend. 11 Friday,January 24,2014 Deputies were dispatched to find a , KTVZ article,Friday,January 24,2014,"Wanted vehicle on its side in an empty Bend man arrested in DUI,SUV crash," irrigation canal.The driver was http/'wsrw.ktvz.com'news wanted-bend-man- found to be intoxicated and was arrested-in-du ii-suv-crash:/24102996 wanted by police for other reasons. 12 ' Sunday, May 4,2014 Two dogs fell into the canal off SW • KTVZ video, Sunday,May 4,2014, "Dog Brookswood Boulevard,killing one drowns in Bend canal," and injuring the other. http:ihwww,ktvz.cotninewsdog7drowns-in-bend- canall2581002 • KTVZ article,Monday, May 5,2014, "C.O. canals running again;risks rise with water,'"http:,'!www.ktvz.coi !newws/co-cana1s- runninTM-asair risks s ine with waw.;25 4468 13 Tuesday,May 27,2014 Wanted Bend fugitive placed in KTVZ article,Thursday,May 29,2014, "Bend handcuffs,ran from officers and fugitive takes canal swim, still caught," jumped head-first into an irrigation littp:i/www.ktvz.cominewsibend-fuaitive-takcs-eanal- canal. He floated down the canal sw im-still-eau ht!26232048 where he was able to gain his footing and stand up.He then ran again and officers apprehended him behind a tree close to the canal. 14 Saturday, May 31,2014 Drunk driver crashes his car into an • Bend Bulletin article,June I,2014, "2 rescued irrigation canal in northeast Bend. from canal after crash" A female passenger was found • KTVZ article.Saturday,May 31,2014, "Bend sitting on the hood of the car in the DUI,driver crashes car into canal, rescued" canal,waiting to be rescued. http://www.ktvz.cominews!bend-duii-driver- Deputies found the drunk driver crashes-car-into-canal-rescued26266014 floating downstream,and rescued him using a ladder borrowed from a nearby home. 2 Exhibits iExhibit 1: Bend Bulletin headline from August 29, 1996 Exhibit 2: Bend Bulletin headlines from June 9-11, 1997 Exhibit 3: Bend Bulletin article from July 1,2004 I Exhibit 4: Photograph of July 17,2005 incident from COLD archives Exhibit 5: Bend Bulletin articles from November 20,2005 and August 22,2007 Exhibit 5.a: Photograph offloading resulting from November 19, 2005 canal breach Exhibit 6: Bend Bulletin articles from September 15, 19,21-22,2007 Exhibit 7: Photographs of April 16, 2009 incident from COID archives Exhibit 8: Photograph of June 3,2009 incident from COID archives Exhibit 9: Bend Bulletin article from June 8,2012 Exhibit 10: Bend Bulletin article from June 17,2013 Exhibit 11: KTVZ article from January 24,2014 Exhibit 12: KTVZ article from May 5, 2014 Exhibit 13: KTVZ article from May 29, 2014 Exhibit 14: Bend Bulletin article from June 1,2014 Exhibit 14.a: KTVZ article from May 31,2014 i 1 i l:\datalfiz\client files\c\coid\juniper ridge-piping-phase ii 102.431\deschutes county\text amendment application\public safety v.open canals\june 2014\memo re public safety incidents 6.30.14.docx 3 Document Reproduces Poorly (Archived) .....,.,..:.:.., . . ...-,-...-,-,..7. 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Ir I Ift, rILIIT • , . „ , .1 tit ,: .4. i : .; . : Z t ' * : 'I 1 ; ,4': , it :;.: z , J y,. 4.• t, 4'■ ,', t 4 1" 4 : i---- 1 4 - ,i-. 4 s 4 1., •-• .. i I ' 4 ' 1., :,A. 4- - 1 j 4 , , .i. if. .it :f, Z i -it ; i •-=':' .'.4 - -,.' , :, ii?f, 411 2- r 1 I 4 ;• ! Document Reproduces Poorly (Archived) �w " y h tlY La] a vi F CO I EXHIBIT 6 Body found in northeast Bend canal Erin Golden /The Bulletin SepIflibey- 15� 2.001 Rescue workers pulled the body of an adult male from a canal in a northeast Bend residential area Friday afternoon. Officials said it was too soon to confirm the identity of the man or say whether he matches the description of any recently listed missing persons. They estimate that he was possibly in his 305 to early 405, according to a Deschutes County Sheriffs Office news release. Police also could not confirm how the man died. The State Medical Examiner's Office will perform an autopsy to determine cause of death. Two construction workers on the roof of a shop building near the 63500 block of Overtree Road, near Butler Market Road,spotted the partially clothed body at about 1:30 p.m. but waited until 2:10 to notify law enforcement officials because they initially believed the body was a mannequin. The body was found in the canal near the 21100 bock of Scottsdale Drive. "I could see the feet and the shoulders floating above the water,"said Albert Calderon, one of the workers. "But the feet is what gave it away-- they were all white and looked like a real person's feet, not a mannequin. Deschutes County Sheriffs Office and Bend Fire Department crews pulled the body from the canal at about 2:30 p.m. and confirmed that it was a Caucasian male adult. Some"remnants"of clothing were found on the body,suggesting that it had probably been in the canal for an extended period of time, according to Lt. Erik Utter of the Deschutes County Sheriffs Office,who was at the scene. "I would say he's been in there for some time —a day, maybe longer,"Utter said. "At this point, it's too early to tell." A few law enforcement officers remained in the otherwise quiet,wooded residential area late Friday afternoon,and the area was roped off with yellow police tape. Rescue workers retrieved the body of a Caucasian male adult from this northeast Bend canal on Friday Exhibit 6 I'age1 cif 8 EXHIBIT 6 afternoon after the body was spotted by two construction workers who were near the 63500 block of Overtree Road. Officials could not confirm a cause of death or the man's identity Friday. Exhibit 6 Page 2 of 8 EXHIBIT 6 Police have ID'd body found in northeast Bend canal Bulletin staff report Published Sep 19,2007 at 05:OOAM Police have identified the dead body of a man pulled from a canal last week in northeast Bend, but are hoping to get more information about him from the public before releasing the name. The Deschutes County Sheriffs Office was still trying to inform relatives of the mans death as of Tuesday evening, Lt. Kevin Dizney said. While the Sheriffs Office did not release the mans name, it described him as a Hispanic male adult, in his 30s to early 40s,about 5 feet, 6 inches tall, and roughly 165 pounds. He also had a mustache but no scars, marks or tattoos. The man was wearing a hospital scrub shirt when found Friday in the canal,where crews pulled out his body at about 2:30 p.m. near the 21100 block of Scottsdale Drive,the release said. An autopsy determined that he died from drowning. The man was in the water for no more than 18 hours, police said. Two construction workers spotted the body while they were working on a roof of a building near Butler Market Road. While police are still investigating what happened,the release said the man may have been near the Bethlehem Inn homeless shelter within several hours before entering the water. Police want anyone with any information on the man, his relatives or his activities Thursday to call 617- 3393. Exhibit 6 Page3of8 EXHIBIT 6 Man found in canal identified by sheriffs Published Sep 21, 2007 at 05:00AM The Deschutes County Sheriffs Office identified the man found dead Sept. 14 in a northeast Bend irrigation canal as 40-year-old Clamente Elizarraras-Martinez,according to a news release issued Thursday. Officials had been withholding the name of the man until they were able to notify his family. But as of Thursday afternoon,the Sheriffs Office was unable to locate any relatives of Elizarraras-Martinez,whom officials believe had links to the cities of Hubbard and Woodburn in Marion County,according to the release. Rescue crews pulled Elizarraras-Martinez from the canal near the 21100 block of Scottsdale Drive after people working nearby saw the body and alerted law enforcement. Following an autopsy,the Sheriffs Office is treating Elizarraras-Martinez's death as suspicious but have not released further details about his injuries or the circumstances surrounding his death. Officials said Tuesday that an autopsy indicated that his death was due to drowning,according to an earlier news release. Officials have also said Elizarraras-Martinez was seen several hours before his death at the Bethlehem Inn homeless shelter in Bend. The Sheriffs Office is asking anyone who may have seen Elizarraras-Martinez in north Bend on or around Sept. 13 or who have any further information about his activities to call 617-3393. Exhibit 6 Page 4 of 8 EXHIBIT 6 Few clues to events that led to death Erin Golden /The Bulletin Sepferrlber-22, 2001 For the most part,the final hours of Clamente Elizarraras-Martinez's life are a mystery. More than a week after construction workers spotted the 40-year-old man's body floating face down in an irrigation canal in northeast Bend, officials have few answers about what happened to Elizarraras- Martinez. An autopsy found the man's cause of death to be drowning, but officials are investigating the incident as "suspicious."The few details that have emerged about Elizarraras-Martinez's mental health and what happened during his last hours have raised questions about how a seemingly unwell man may have fallen through the cracks of a support system stretched too thin. Last hours According to Capt. Marc Mills of the Deschutes County Sheriffs Office, Elizarraras-Martinez,who had no known ties to Central Oregon, first surfaced in the area on Sept. 12 when he sought medical attention in Crook County. The next afternoon,the Prineville Police Department responded to a report of a man acting suspiciously in the area of Allen Avenue and found the visibly disoriented Elizarraras-Martinez, who they sent to Prineville's Pioneer Memorial Hospital for care, according to Prineville Police Chief Eric Bush. From there, however,the details get a bit blurry. Sometime after 4 p.m. Sept. 13,the case manager on duty at Bethlehem Inn, a homeless shelter in north Bend, received a call from Pioneer Memorial Hospital,according to the shelter's executive director, Sandra Mears. The hospital staff member wanted to know if the shelter had a bed for Elizarraras- Martinez,who they said had no medical problems, but had nowhere to stay. The Bethlehem staffer said they'd find a spot,but had concerns about Elizarraras-Martinez's mental health, according to Mears. Mears said the shelter contacted Crook County Mental Health but were unable to obtain any further information about Elizarraras-Martinez,who arrived at the shelter less than two hours later in a taxi. Officials from Pioneer Memorial Hospital,which does not have an in-house psychiatric unit,would not comment about Elizarraras-Martinez. "(The hospital) called and said there was nothing wrong with him so they couldn't keep him," Mears said. "When the cab dropped him off around 6:30, he was wearing a hospital shirt and he was disoriented, swaying back and forth, and kept walking off ... the case manager said he had bandages and it looked like maybe an IV had been taken out." Exhibit 6 Page 5 of 8 EXHIBIT 6 Mears said Elizarraras-Martinez gave his name, Social Security number and listed 12 years in Mexico as a previous residence, but he provided little other information. According to the Bethlehem staff member's report, Elizarraras-Martinez spoke limited English and didn't seem aware of his surroundings. "We knew something was wrong when he said he wanted to speak with the captain on a boat in Alaska," Mears said. "I don't even know if he knew where he was,or that he was in Oregon" Before he could complete the shelter's required drug screening, Mears said Elizarraras-Martinez left Bethlehem and headed south on U.S. Highway 97 on foot. In accordance with the shelter's policy, Mears said her staff did not attempt to force the man to stay against his will. According to police, it was the last time the man was seen before his body was pulled from the canal the following afternoon. Missed connections On the morning of Sept. 14, several hours before officials discovered the body in the canal, Mears said she wrote a letter to Nancy Tyler, the program director at Crook County Community Mental Health. In the letter, Mears said she outlined concerns regarding the drop-off of Elizarraras-Martinez the evening before and suggested that staff members from the two facilities meet to formulate a plan for dealing with similar situations in the future. A the largest and one of few full-fledged homeless shelters in the area, Bethlehem Inn is frequently used as a housing resource for homeless people who seek mental health attention. According to Tyler, county mental health services lack the resources to house the homeless and are often forced to search for outside help. Tyler would not confirm that Elizarraras-Martinez had sought mental health attention in Crook County or had been referred to Bethlehem Inn, but she said that similar situations were not uncommon. "If we get a call for an evaluation, we look for signs that a person is dangerous to themselves or others, and if they're not presenting those signs,we actually can't hold them,"Tyler said. "In an instance when somebody is homeless, we contact the Bethlehem Inn to see if they have space available ... off the top of my head I would guess that happens 15 to 20 times a year." In those situations,Tyler said, staff members try to find transportation to homeless shelters through volunteers or taxi rides but are typically unable to personally escort clients to their temporary home. According to Mears,that's just how Elizarraras-Martinez arrived on her shelter's doorstep. And while she said Bethlehem Inn was willing to accommodate the man, she said her staff wasn't properly prepared for the challenge he presented. "In this case,there really wasn't any communication," Mears said of the link between her facility and mental health professionals. "It's very disturbing. I'm trying not to throw anybody under the bus here, but it's hard because all of these other agencies were involved." A growing need Exhibit 6 Page 6 at 8 EXHIBIT 6 In the past year, Crook County Mental Health served 1,077 people in its mental health and drug and alcohol treatment clinics. The Deschutes County Mental Health Department saw 3,482 clients in the last fiscal year. In both counties,officials said continued population growth has often stretched funds and staff members thin, especially when it comes to caring for the homeless. "My particular team serves the severe and persistently mentally disordered,and we have 300 clients and in any given year, approximately 100 of them are homeless,"said Jim Denman,supervisor of community support services for Deschutes County Mental Health. 'We have one staff member who works 28 hours a week ... but given how big our homeless client population is, I could easily use three full-time staff members because it takes an enormous amount of time to coordinate services." Beginning in October,Deschutes County will introduce a three-person mobile crisis team that will be available to respond to mental health-related issues around the clock. According to Scott Johnson,the executive director of Deschutes County Mental Health,the department is waiting to hear about the results of a proposal that would provide more funding for services from the state government. Despite tl'r current strain on the system, he said the future looks a bit brighter. "There are a number of gaps in the system and certainly the population growth puts pressure on all the helping agencies,"Johnson said. "But we are encouraged that the Legislature is trying to expand community services .., it's a work in progress, and the need is currently greater than we can meet." The missing pieces In the wake of Elizarraras-Martinez's death, Mears said she is already working with local mental health agencies and law enforcement officials to create a more workable plan for dealing with similar situations. In the meantime,officials are continuing to search for information about the life and death of Elizarraras-Martinez and are hoping to locate anyone who might have seen the man in Bend in the hours before he died. Mills said the Sheriffs Office will continue to call the man's death "suspicious" until they can confirm additional details. Mills said it is unclear when or why Elizarraras-Martinez came to Central Oregon. Court records from 1§95 through 2001 listed three addresses for the man in Woodburn and Astoria in Clatsop County. At Bethlehem Inn, Elizarraras-Martinez's last known stop,staff members are still shaken by his brief visit. Mears said the death seemed to be the tragic result of a yet-unknown series of events. "I don't think there was any malice here, but people were overwhelmed,"she said. "It was like,'OK,we don't have time, let's pass him to the next guy:And in this case,we happened to be the next guy." Exhibit 6 Page 7 of 8 EXITIBIT 6 Fry;. Clamente Elizarraras-Martinez Exhibit 6 Page 8 of 8 1 Document Reproduces Poorly (Archived) n ry � e i V a Document Reproduces Poorly (Archived) n N ..c N N w E•4•1 401 Y4 ,*""N w',, N; r 1,i''''41.11,, X �, i. \ r X j. , iNte, ',1-': , "4 r .010 ■ Nr ti, &r q, ax CO x , iT a li wry w ■7 „ w I�,a� n � , 'I ' 4 Y iii ,�,f Yf f41. t qq ^ aP k 4 "'f !¢'W ( p If' si °I %,'.., l'i'h x dI ,IdFkf ' usa C t ■ f I f. q{e 4"" Document Reproduces Poorly (Archived) ..a w fyyyy 44 a tit ■ ae CO x .. EXHIBIT 9 Body found in Redmond canal Jux,.e, cal, 2o12- Redmond police are investigating a possible drowning after a body was found in a Central Oregon Irrigation District Canal on the south end of Redmond. "It's an ongoing investigation, but we are not looking for any other cause of death other than drowning at this point,"said Redmond Police Sgt. Curtis Chambers. "At this point,we don't suspect any crimes." Police found the body just after 8 a.m. Thursday in the canal behind the 3000 block of U.S. Highway 97. The identity of the presumed drowning victim has yet to be released as police attempt to notify the next of kin. Chambers said an autopsy is under way and results are expected back in the"next few days." An update on the case will likely be released next week. Police said there is no immediate danger to the public because the death does not appear to be a crime. Exhibit 9 Page I of I EXHIBIT 10 Bend man nearly drowns in canal Published Jun 17, 2013 at 05:OOAM A Bend man was found face down and still in his wheelchair Saturday afternoon in the irrigation canal along the Larkspur Trail in southeast Bend. A Bend couple walking the trail spotted Randall Bush, 56, in the canal around 3 p.m.,according to Bend Police. Bush had accidentally tumbled into the canal. Jesse Thomas, 33,jumped into the canal and moved Bush so that he was partially out of the water while Thomas'wife called 911 for help. Thomas, police and paramedics teamed up to remove Bush and his wheelchair from the canal. He was taken by ambulance to St. Charles Bend, according to police,and was treated there for non-life threatening injuries. — Bulletin staff report Exhibit 10 Page 1 of 1 ftOt7i!f MOWS EXHIBIT 11 Wanted Bend man arrested in DU!! SUV crash Was sought it domestic vi®isncs incident By KI LCOM news sources POSTED:2:O9 PAr PST January 24,2014 UPDATED:3:53 PSI PST Jemmy 24,2014 Print 811 0 T :;1 "Mai A A IA' k County Jail Chrletopirar Bryant Bringer B EM,Oren.-A 34 year-old Bend man wanted in an early-Friday case of domestic violence escaped injury hours later in the crash of his SUV Into an empty irrigation canal,but was arrested and jailed on DUI and other charges. MORE FROM KTVZ.COM Bend police LL Ben Gregory said a woman caned Deschutes County 911 around 3 am to report an assail at a home In • Bend Community Center seeks the 67000 block of Country Club Drive. jewelry for fundraiser • C.O.police plan DUI crackdown over Police issued an alert for officers to be on the lookout for Fourth Christopher Bryant Brinegar and his vehicle.a green 1995 • Man from empty boat in Columbia Ford Bronco. presumed drowned • Deschutes forest pine cones make Around 6:35 am,sheriffs deputies were ckspatched to a decorations crash near the intersection of Woodside Road and Pine Vista • Eugene police seek blood tests for Drive.said sheriffs Sgt_Kevin Disney-They were told a Dull suspects vehicle was found on is side in an empty irrigation canal. Deputies contacted Brinegar,the only person on scene,who had minor facial cuts but otherwise was unhurt,rt, Disney said. Brinegar was found to be intoxicated and was taken to the county jail on the DUI charge_He also faces felony strangulation and first-degree menacing charges In the earlier domestic violence incident„ officers said. The crash remains under Ind,and anyone with more Information was asked to contact the sheriff's office at(541)693-6911. American Towing was dispatched to remove the Bronco from the scene. Disney said. Copyright 2014 KTV,Z.AR rights reserved. This material may not be published, broadcast,rewritten or Exhibit 11 q �ed Page 1or1 Home/News EXHIBIT 12 C.O. canals running again; risks rise with water Two dogs went Into canal--Just one survived Ely Brittany Weiner Document Reproduces Poorly POSTED:6:39 PM PDT May 5,2014 (Archived) Prat 39 s+t 0 4?me„)'?I A A A ,Pry � � 9 P Irrigation canal safety BEND,Ors.-Irrigation canals are open for the season on the High Desert, and they open up a number of risks for people and pets. ”There's so many unpredictable factors with the canals. There's swift-running water.there's debris and. quite frankly, it's not legal to swim in the canals,"Bend police patrol Capt. Ben Gregory said Monday_ A tragic incident Sunday afternoon showed why.Two dogs fell into the canal off SW Brookswood Boulevard, killing one and injuring the other "The canal Is swift—there's a lot of drops,there's a lot of rocks,there's undertows in the canal." Gregory said. Most canals in Bend have warning signs telling people it's private property and to Keep out Gregory said the canals are not owned by the city, but by private irrigation districts and companies_ The signs are to he protect people and pets,as well as the crews that have to save those In distress_ "Any time that we have rescue workers working around these unpredictable environments,they have to at some point In time enter that water as well.And it puts their lives in danger,"Gregory said. Gregory added that If your pet falls in,you should call for help—don't jump it to try to save them_ Exhibit 12 MORE FROM KTYGCOM Page 1 of 1. Home l News EXHIBIT 13 Bend fugitive takes canal swim, still caught Transient runs,%+ d hiding behind tree By KTVLCOM sews sources POSTED:12:3/1P14 POT May 29,2014 Prim In F .::,+ , ,, *l 1 3' d A A A owwpwir County Jar Joshua Idea Sarin B END,Ore.-Bend police found a transient wanted by his probation officer and put him in handcuffs- but before officers could take him away.he ran and jumped head-first into a nearby irrigation canal, floated downstream a bit,stood up,got out and ran again. but was found hiding behind a tree,offcers said_ MORE FROM IIIVZCOM The incident began shortly before 1 p.m. Tuesday as officers investigated a domestic dispute in the 1200 block of SW • Oregon lawmakers,groups read to Silver Lake Boulevard,said LL Nick Partner_ big ruling • Portland police free,arrest oil train Officers soon learned one of the people involved was Joshua protester Alan Shy.25,who left before police arrived,Parker said_ • Youth arrested in Oregon fairgrounds stabbing Police found Seeley by a canal near Fred Meyer on S_ • C.O.police Plan pun crackdown over Highway 97. Parker said he initially denied he was Seeley and Fourth was placed in handcuffs,but not in a patrol Car as the • Man from empty boat in Columbia investigation and interviews continued_ presumed drowned But Seeley ran from officers and jumped head-first into the canal,Parker said He floated down the canal toward the Third Street Bridge.where he was able to gain his footing and stand up_ Seeley then ran from the canal and hid behind a tree east of the intersection at SE Third Street and Brosterhous Road.Parker said. OMcers followed Seeley and arrested him without further incident.He was taken to the Deschutes County Jail.where he remained held without bail Thursday on a parole violation charge.as well as charges of third-degree escape,interfering with a police officer and giving false information to police. Bail an the escape charge was$10.000_ Parker said no charges were brought related to the original domestic dispute Seeley was involved In. Copyright 2014 KTVZ.All rights reserved This material may not be published, broadcast, new tell ter Exhibit 13 redistributed Pagel of I EXHIBIT 14 a Travis Mir,Deschutes Ca.Jai{amt) Deschutes County sheriff's deputies say they pulled Thomas Heywood out of canal downstream from where alleged drunk driver crashed his Chevy Camaro into It early Saturday tow truck later removed it from water BEND. Ore. -A 52-year-old suspected drunk driver crashed his car into an irrigation canal northeast of Bend early Saturday and was swept downstream. prompting a rescue effort and his arrest. MORE FROM KTVLCOM A female passenger was found sitting on the car, Deschutes County sheriffs deputies said. • ]•DUII suspect crashes into canal Deschutes 911 dispatch got a call from OnStar around 2:25 am about a possible crash n the area of Hamehook Road and Pioneer Loop, said sheriffs Sgt. Troy Gotchy. Dispatchers contacted the occupants of the white 2013 Chevy Camaro and learned they had crashed into the North Unit Irrigation District canal, Gotchy said. Deputies later determined that driver Thomas Heywood, 52, left the road, over-corrected, then again I left the road on the opposite site and crashed into the canal, Gotchy said. Deputies and Bend Fire Department crews were dispatched to the scene, located the woman sitting on the cars roof and learned the driver had been swept down the canal by the current as he tried to get out of the car. They were able to find Heywood floating downstream and rescued hint using a ladder from a home about a/of a mile from the crash scene, Gotchy said. Heywood was pulled from the canal, evaluated by medics and after an investigation arrested on charges of OW and recklessly endangering another person, his passenger. Neither were injured, the sergeant added. Bend firefighters stood by on scene with a swill water rescue crew while American Towing pulled the car from the canal, Gotchy said. Heywood was booked into the county jail, and released at midday on his own recognizance, a jail officer said Copyright 2014 KTVZ. All rights reserved. This material may not be published, broadcast, rewritten or redistributed Exhibit 14 a Page 2 of 2 Home/News EXHIBIT 14 a Bend DUI! driver crashes car Into canal, rescued Was swept downstream; passenger was sly on roof By Barney Lorton Document Reproduces Poorly POSTED:1:05 PM PDT May 31,2014 (Archived) UPDATED:12:59 PM PDT June 1,2014 Print r] n ,;;,:a 4160 g*1 o it r'i_5( A A A Travis Mar OueMo1u Ce.Jai{lase* Deschutes County sus deputies say they paled Thomas Heywood out of cane)downstream from where wed drvak driver crashed his Cherry Camaro lute it awry Saterdey;tow track liter rammed it from water BEND,Ora. -A 52-year-old suspected drunk driver crashed his car into an irrigation canal northeast of Bend early Saturday and was swept downstream.prompting a rescue effort and his arrest. MORE FROM KM.COM A female passenger was found sitting on the car, Deschutes County sheriffs deputies said_ • [ex DUll suspect aashes into canal Deschutes 911 dispatch got a call from OnStar around 225 a.m.about a possible crash n the area of Hamehook Road and Pioneer Loop,said sheriffs Sgt. Troy Gotchy_ Dispatchers contacted the occupants of the white 2013 Chevy Camaro and learned they had crashed into the North Unit Irrigation District canal.Gotchy said. Deputies later determined that driver Thomas Heywood.52,left the road.over-corrected,then again left the road on the opposite site and crashed into the canal.Gotchy said Deputies and Bend Fire Department crews were dispatched to the scene,located the woman sitting on the cars roof and learned the driver had been swept down the canal by the current as he tried to get out of the car. They were able to find Heywood floating downstream and rescued him using a ladder from a home Exhibit 14 a about%of a mile from the crash scene.Gotchy said. Page 1 of 2 e27r2014 2 readied Worn cant air crmax EXHIBIT 14 2 rescued from canal after crash Published Jun 1,2014 at 12:01AM/Updated jun 1,2014 at 01:S9AM Two people ended up in an irrigation canal following a single-vehicle crash early Saturday northeast of Bend. Thomas Heywood, 52,of Bend,was driving on Hamehook Road close to 2:30 a.m. when he went off the side of the road,overcorrected,then went off the other side of the road and crashed into the canal, according to the Deschutes County Sheriffs Office. Sheriffs deputies and firefighters were called to the scene after Heywood's OnStar system contacted local dispatchers. Upon arrival,they found Heywood's female passenger sitting on the vehicle in the canal and learned Heywood had been swept away by the current. Deputies used a ladder to pull Heywood from the canal about three-quarters of a mile downstream of the crash. Heywood was arrested on suspicion of driving under the influence of intoxicants and for recklessly endangering another person,according to the Sheriffs Office. Editor's note: This article has been corrected. In the original version,the name of Hamehook Road was incorrect. The Bulletin regrets the error. — Bulletin staff report Exhibit 14 liciAliww,ber xOelinaarticaistalort122992-1532-rescued-irontcanal-alley-fresh Page 1 of 1 111 Well Logs for properties located within the Juniper Ridge Project Phase II Area Section 15 Township 17 S Range 12 E _ -...The...— al and first copy .. -- • of this report are to be WA WELL REPORT f 113111E -15 -' iled with the S7 lTE OF OREGON ( State Well No. STATE ENGINEER. SALEM OREGON 9 310 ii,c7 ( lease type or'print) within 30 days from the data State Permit No. „.........._.„„....._-�.. - - a of well completion. (Da of write above this line) `` ° 5'i 2/AY-SYW (1) OWNER: (10) OCATION OF WELL: Name C.7",iii. if ( (t T 1�. County�1 �Q 7 Drillers well number , Address r t } A)F ii E iL section 15 T. f 7•SR. f a-, W.>tL ...........-...---- M '~ Bearing and distance from section or subdivision corner g (2) TYPE OF WORN' (check); y New Well 0 Deepening❑ Reconditioning❑ Abandon❑ I If abandonment,describe material and procedure in Item 11. t (11) WATER LEVEL: Completed well, (3) TYPE OF WELL: (4) PROPOSED USE (check): Depth at which water was fret found 140 y- /73 ft. 1 i Rotary 0 Driven [ 17/7/71 e Domestic ❑ Industrial 0 Municipal ❑ static level S ft.below land artiste. Date Cable © Jetted' C7 / I Dug ❑ Bored ❑ Irrigation ❑ Test Well ❑ Other ❑ Artesian pin lbs.per square Inch. Date �t;ASING INSTALLED: Treaded❑ Welded 11�( (12) WELL LOG: Diameter of well below caging ..-11D II.._.."Diem. from .....C..........ft. to ...._,aO...._ft. Gage _scab.. .t� � Depth_drilled it. Depth of completed well Q�t,�„)v R " "Diem. from......, ..... ft. to .._._.. .... ......ft Gage _ .• - ti, :-r ' ' 3 Formation: ;Describe celor, texture. grain'ire and structure of materials;. "Dram.from.......m_.._...�ft. to __-__._"_""_ft Gage ..-. and show thickness and nature of each stratum and aquifer penetrated. CIwith at least one entry for each change of formation.Report each change In , 3'ERFORATIONS: Perforated? ❑Yea [No. position of Static Water Level and indicate principal water-bearing strata. Type of perforator used MATERIAL From To OWL .yam �7., .. Size of perforations in.by In / Oj.7 .JO / / �; ir ,crforations from ft to____._._.._.,."-" _.ft. / y I d•y i/� .. . perforations from_.____.�...._.... _ft" to__�......._._. ......, ft j...11.11 b v.. 7i '5 11 J,ilil k . r /1 0 .,,..__.___perforations from_._,., ft. to--.... ft. a r e L r7 lid �l O /X0 7 SCREENS: C.f z ! 160 /ff 7 J 5"/ ( ) Well screen Installed? ❑Yes I No a I i 4 1 .. 2_ /.s�7 /9.3 • Manufacturer's Name .-____.__._____—'----._—......__.____--..._.._-....- ,(2 7-4 s, -1)0 1 - i, .71st / ` 7+p FK .11 at /574 Tyne __ ___...._ _.__.._ Model No. _ __...._._.._....._ _ Diem._.._... Slot size _._Set from ft to _.._ft. Diem. Riot size_....._._.M Set from -ft to ___._ ft. (8) WELL TESTS: Drawdowa is amount wa levtl r lowered below static levels;••,�P 1,,t`1 t 11�r� L WAS a pumy teat made? 'O.Yes 17 No If yes, by whom? f"K rYI P*114 - Y t gal./min. with 3 9 ft. drawdown atter ... hrs. . Bailer teat /O gal./min, with 2Q ft. drawdowu after l hrs. ' Artesian flow� g.par.mt. i ' "r �,� wale uT ie tG" -WWI i atere --R-_.=.^ te. rk dg`t ! ""`J! 6i 1!7.1 Completed :to 7//' ... Date well drilling machine moved off of well 19 74- (9) CONSTRUCTION: �/ � / Well seal-Material used _.... ,Q e_114- - 5CAr1d Ali. „_. Drilling Machine Operator's Certification: This well was constructed under my direct supervision. Well sealed from land surface to_...... ._ . .a .Qqq.... .... .................._.._........_ ft. Materials used and information reported above are true to my Diameter of well bore to bottom of seal ...._.L..pa....._... in. best knowledge and belief. , Diameter of well bore below seal .M.- O in. [Signed)---.! _.-••..l,.f.f/.if...h:._ .fi .Date...Y../.5f..._, 1924, Number of sacks of cement used in well seal_.....___r excite (Drilling Macbtne taros) Drilling Machine Operator's License No. .9 1' Number Of sacks of bentonite used is well seal_._...�"�.'.•.�.._•_.•T..,_sacks _.-. Brand name of bentonite Water Well Contractor's Certification: Number of pounds of bentonite per 10o gallons ' Mg/1°° gals. This well was drilled under my jurisdiction and this report Is of water ..---......-..... true to tI a best of my owledge d belief ,/ II i Was a drive shoe wed} []Yea tlNo Plugs _..._Side:location ft- t. 4 e l _ .. .. LeUkti .. (1, J1,/)Q. Name Did any strata contain unusable water? ❑'Yea 'f„�No � Persom,O dk'cari anon) /( or t) T Type of water? depth of grata Address ....147.4...1.1.:1-.6.'1. .. 5t t'd,.,.- /e e......,-.,,.„,;,.,""w"' Method of sealing trata off t r It 1 ." g [Signed] ..: `1...1 t ....1 a :.x .44, . . 4.s,,'/,..,"' ..,>77.'::well was well rave! acked?•••-N.'yet••Aft to �.ot.....__...._ft.....••..........._....- ConrOCtor'aLicenSe No._�_1...��(Water ��Contractor) MI ' _ gravel packed? C] gravel: ^ , • Gravel placed from X N ,,..4 ii f S -----................................................. NOTICE TO WATER WELL CONTRACTOR r, t - . The original and first copy i • � .�' `�WELL KT of this report are to be •. I Les i4 Or' WV filed with the "•' .'v L 4 d_19t T TE OF OR GON State ell No._ } t d STATE ENGINEER.SALEM.OREGON 97310 _ - type or p .t) within 30 care from the dater /" �' 11 t i kw gy�above this .e) a Permit No. of wen completion. w� E LEM. ORE( ON - ill/c(r2-3 6 !Z!l C2043 O/ . (1) OWNER: 1� - (11) L I CATIO OF WELL: Q, Name t to d �6 a � W_ " County 9 / r 7 ,p, r Driller''well number d/ .. Address • A "' 14 e '. .-Z11..;. Ait41.7,5 "°, a.1r W.IIC _ ���/// s.r vision corner (2) TYPE Deepening❑ Reconditioning -._.-—. and d tame from aection or au (2) TYPE OF WORK (check): Bearing g conditioning❑ . _ Abandon❑ /l,.s:,. is. y / If abandonment,describe material and procedure In Item 12. -r'L 4-0b 1'l I2.1c ft'"j (3) TYPE OF WELL: (4) PROPOSED USE (check): Rotary ❑ Driven❑ (12) WELL LOG: Diameter of well below casing....- Domestic ❑ Municipal ❑ Cable Jetted d )(Industrial Deptb drilled ��,�" K. Depth of completed well 2 1� ft. Aug T. Bored 0 Irrigation ❑ Test Well ❑ Other ❑ Formation: Describe color, texture, grain size and structure of materials; 11 CASING INSTALLED: "Threaded 0 Welded ❑ and show thickness and nature of each stratum and aquifer penetrated, ^ with at least one entry for each change of formation. Report each change ._-..4 " Diam. from ......_- -_4.. ft. to ._._ a ft. Gage q.a,W In position of Static Water Level as drilling proceeds. Note drilling rates. .-..,.r_._..." Diam. from ____Lt_to o .__...._ft. ._Cage ._----------- MATERIAL , From To awl. ............_.'..Diam. from ...--_-----..._....... ft to_._._..___..._._ft. Cue ..../„') / ., 1 WV .f PERFORATIONS: perforated?0 Yea No. ' Type of perforator used - - �� ,� `i •Size of perforations M. by to - _rf " /!.�� / � I�J ,c,. �� ,. Fly --°•-~.0 perforations from St, to ..... ..._..�....____ 1t. �: +� / ' � perforations erforations from 1t. to ft. . . / r ......__................�P ._.._�.._.r ._...._._._. �,w r�w_-,•M �. . ._ f/t-y�r Bin.j . perforations Perfoieticns from..............__..._-.._�rt. to .------.....�...-_.�._ft. / ....._... perforations from._. —.._SL to._...___.-_.___._. ft. l • (7) SCREENS: Well screen Metaled? 0 Yes No '� `' �� '�1 • " J -J2 Manufacturer's Name.......___.._._. . .._ . .. - .... - ^ " Diam. _...Slot size_______Set from...._.____.. ft. to----It. -S Diam. ........- __Slot size Set from It to ft. (8) WATER LEVEL: Completed well. _ . — ve- ' is level ! Q ft. below land surface Date --.0 M' i. tom"( Vi Ilisian pressure lbs. per square Inch Date - (9) WELL TESTS; lowered below amount water level is r+. — _ Was a pump test made?❑Yea p'No If yea,by whom? Work started l--th 19 ef 7 Completed ,a t 19 41 7 gal,/min. with ft. drawdOw9 @ter -bre. a __ l^ ^- ., - .,, „ - Date well drilling machine moved off of well 4 w. 3 Q 10 4.7 .. a __ Driiiing Machine Operator's Certification: Mate- Bailer tut /�j gal./min. with ,,7 ft. drawdown after ills, This well was constructed under my direct supervision. Mate- riala used and Information reported above are true to my best Artesian now gp.m. Date knowledg nd belief. Temperature of water+ "J/Was a chemical analysis made?[]Yes %No \� r �'30 19�7] 1[G . . (Drilling Machine'operator) (10) CONSTRUCTION: 13.3e.........__...._. 2 Drilling Machine Operator's License No. -__ Well seal--Material used . ... . ..._..._................_-.._____ .. _- - -- . - _ .. .. Depth of seal _.._.�, . . _ .. ,et. Water Well Contractor's Certification: _ _ "" _ jurisdiction and this report is Diameter of well bore to bottom of seal .., in.. � This w was drilled under my j true to th est of 11z_y owledge and a ief. Were any loose strata cemented dill ❑Yea m Depth ... Was a drive shoe used? 0 Tea •KNo ._._ ..- . ......_...-_ - _--_ / (Perron,firm or corporation (Type or print) Did any strata contain unusable water? ❑Yea SfJ No ,(/-., Type of water? depth of straits` Address _14:zee.._- ._ (T frl:lolethod of sealing strata off (Signed) L.r.- Was well gravel packed? []Yes No -- Size pf gravel: pester Well entract ,/� I Gravel placed from ._..ft.to —_ It Contractor's License No.11 f.. --Date ...!_M 3--1V , 19.4.7 (USE ADDITIONAL SHEETS IF NECESSARY) ..... . . h KW Li 41 dyll US ,..1$ * ; -; .-.-4,• . a:,cf-f,...../ KAI , ..• • •• 446444+4440444+1,(0454•6414454i4r4544•1444444.••,-,"10 •,-- 4:3:_:- .i.: ___.:1r ----":1tr:414;:, ''. "X t-sr _ v r-- .... Am , I r—... Y. • -.....• 6, , • r...:' 71_ - ,-,-- LLI P.. if-3" 8 .,,,, . . .., .............,„.... 0Y08 3381d3A0 i "....... :91. ..-• •;... vz.. 1,9, -,,,, •,,,,-,,,,••• • '---:.'",,K ••• .,. a di Ti ...., .. ..? .• ...t„, '1. 01I. .■ L.L.; ,„..., . ..••e' I " 1 .^... c(.r.Ac.-.-•,$==)•.•..-• E .C' 4 ' .. - , ,.,.,,.•--'■ ..•• 401-•-".iii'tt:4.--H 1''.;91,, 'e•-• .. Ix ,......,...,1„,..,...,.....::..:,::.::::., -, !.'.::....'' „<.:,-, ...• . Lr■ - ...„,„„, , . :LI!,.....0.0)"...,..1. 4. :••• 1.1.1 cr, w t• ;"..::::. § '' cn w t: I ' I -d- • LI t 555255755 2.•5. . . = S ----, LAJ...- Z I * , § 0 t §I ' Z , - .,..1 a ' * ' - ila lac'ti 11 ow la . • li g :it ,1 l Nth To wiermt max,Co ` d5,�{P ■ The original and first copy 6 i I W L�EPORT� of this report are to be i F 4 19 1 tiled with the j OREGON State W. No. ... ..7/1.�5..'"'I.1.1 t70' ✓✓STATE ROO N R.SALEM.OREGMAIVaT'i. S ,y t,h1 type . •rint) within till days from the datt 1 ite above a• State Permit No. of well Completion, SAL-E.-.11 '••'ail"" V V4G2S /z III a YO (1) OWNER: (11) L ATIO • O WELL: Name /(. / 11 County 4.t... -0.-VDriller'a well number •_ Address/Pp'-/ !hl-,z.._rJ-- `'r"C.-- - . ,it/1.= Ii NE. A, Section it T. 175 R. (7C 4- W.M.......... _---:...._...-_ --- Bearing and distance from section or subdivision corner (2) TYPE OF WORK (check): " • sic J ep _. New Well Deepening❑ Reconditioning J Abandon❑ - ■4 L - If abandonment,describe material and procedure in Item 12. // (3) TYPE OF WELL: (4) PROPOSED USE(check): (12) WELL LOG: Diameter of well below casing .._.....(�7....... Rotary p Driven❑ AomeetlC Industrial [] Municipal ❑ Cable � Jetted [] .- �,_,,. .• Depth drilled /7g, ft. Depth of completed well /75ir St. ?IL Bored ❑ Irrigation ❑ Test Well ❑ Other ❑ Formation: Describe color, texture, grain size and structure of materials: CASING INSTALLED: Threaded ❑ Welded and show thickness and nature of each stratum and aquifer penetrated, Y with position of one entry ry for Lave change of formation. Report each change /� with at least ane en for each _,,...... .." Diam, from ..._._..._....C!--1t. to .-._...,14._. ft. Gage J.. .e:Y...._. l as drilling proceeds. Note drilling rates. ................." D1am. from ._ .-..--Y:ft, to___,......_'..ft. Gage ........-....-«_- MATERIAL from To MI. ................" Diem. from ------••--•_._......ft- to .-.__.___........ft. Gage .._._........_-.__. i', Et-, ''[. Li 7 PERFORATIONS Perforated?0 Yes t No. )/'.•j. %�'/�` 'G`� 'i t•`t'' V 'It. • Type of perforator used /'+ 'Efi+1 f,a. ft-et • IL:, --Fri Size of perforations - in. by - in. a :4 •° ,.. ��c . M -,.. e1 Y �. .. � . rU�•. a Lf 3 ....- .perforations from.._-.........._........._..ft. to- ».__..,.,..._.. -1'f- .f,'1 . .! 7-11....t.i..-04.- VI:,....4--• .xi f perforations from 5• //G' r p ft- to_.._..._.......-._..�. tt. it.e is /r 4-r,,...,( r?'r1 ).mss.- ' .........•._.. perforations from...- -.._.. ._..... .. M- to __-...� ft. zi e f-3*" }, r,r.-./ � mac..-.,. - ,r./. perforations from. _........... ft- to._.__..__ . .._ ft. perforations from..._.-.. .. .^_ .ft- to .__ _._..__ ft. A',..' I0-1-. t r kt.t... ,..:y 5C,.c/!/` / /J' 7-'2. / (7) SCREENS: ,(No i"`( f 7.. / 7 7 Manufacturer's Name -._ • Type... - --- - .. Model No.._.__..-.-.,..�.- Diam. Slot size Set from_.-___..._-....._ft. to „.„......«-.__...tt. ' '"•"" °”- Diem. _Slot size ____Set front....-.—.--..__.It. to_.._...--.__.ft- (8) WATER LEVEL: Completed well. • Taiiik level /V, . it. below land surface Date S —/Es•f -- =La n pressure lbs. per square inch Date (9) WELL TESTS: 1Do'w_ered below atacictlevel level la as a pump test made?❑Yea t. to If yes,by whom?• _ •.F Work started 5_--/--- 194!k Completed,5-./8 M 19 C''''1'j gal./min- with ft drawdOwn after µ.• - Date well drilling machine moved off of well Z) -- /.3 12'r . .. - ___ ___ . Drilling Machine Operator's Certification: G� This well was constructed under my direct supervision. Mate- Beller test 7 gal./min. with )4,4.,ft. drawdown after 2 hrs. riala used and information reported above are true to my best Artesian flow - g.p.m.• Date knowiedg'nd belief- Temperature of water_,1-2.1 Was a chemical analysis made?❑Yea t�No (Signed]`4}../k.a .,--.�rt-4..'a a ff t.:C...,.... Date./..-.113..., i9. 8. 1 ` (Drilling Machinebperetor) ,C (10) CONSTRUCTION: Drilling ^l�3 �T ny Machine Operator's License 1Vo. .-_-_._- ,_ Well teal--Material used _.._rLyf..raj..L.Lf::7'.s_..A....L..L.__.._._. -- __,. Depth of seal...._................_...m.,_..._....._. .Z.' ft, Water Well Contractor's Certification: Diameter of well bore to bottom of seal. ,i • in This w 11 was drilled under my jurisdiction and this report Is true to the,tuest of my wledge and .,..lief. Were any loose strata cemented off? ❑'Yeato Depth .... ................_. }},r + Was a drive shoe used? ❑Yes &ea NAME ..�-./.-L. ............/_G:L.(..r.J.- -.. .-.-.-.----_-.._}M1 (p'erwn,firm or corpnratlon) (pry Ol print) Did any strata contain unusable water? lj Yea o d q -� r "� !•3 Address w.�.... -.1.....- 4 "r 7 Type of water? depth of strata ,...11-....1717 -.- .»... •^Yr•"� . .y-- Method of sealing strata off [signed] ...• l.�r t !'::.'.1t• -_-_,,,,__,,,,..,.__ -- Was well gravel packed? ❑Yes' No Size of gravel: ..,..._...,.._..- __ (w`t.r Wall Contractor) - 7 ) Gravel placed from....__..-..._.._... -_it, to......_......�_....._...-.ft. .. Contractor's License No. ..,]{,.Date ... -- -.--. ct 19.-(", J .., (USE ADDITIONAL SHEETS IF NECESSARY) DESC 4937 Owner's Well Number:_ CURRENT WELL OWNER: Phone — Name: 6"7 . —ej / 4!c Mailing Address: ..1g ..2t/f se ,erzIf1v,4 / City: i1Yr' State: 4V4 Zip: 9774 • If a well report j available for this well,please attach a copy of it to this form and return. It is not necessary for you to complete the remainder of the form if the well report is attached If a well reportt available,please complete the remainder of the form to the best of your ability. WELL LOCATION: County: '_5 tf.S41 4 Latitude: Longitude: Township: /7' N or S, Range:_/Z Ear W Section: / � 1/4, •__1/4 Tax Lot Number: /7/Z .45/1/1 7 Streit Address of Well(if different from above : RECEIVED APR 2 5 1996 WELL INFORMATION: WATER RESOURCES DEPT SALEM,OREGON Start Card Number: Approx.Construction Date: Well Constructor. Name of Owner at Time of Construction: Well Depth(m feet): Static Water Level(in feet): Diameter of Exposed Well Casing(in inches): Does this well have a formal water r;ht associated with it?Yes: No: If yes: Application#: Permit#: Certificate#: Please Return Completed Form to: Oregon Water Resources Department 158 12th Street NE Salem,OR 97310 (Office use only) � Well idendfication Number: //7 ( SDI II 0 OM 775 ;I Ni �� $ �,,. � « f. . acu «� Y . 4Y44fiifilisy tr • -.nm °g§ ' t _ N sw.w. -i 4 i- G �k _ gF ,' ,.,. —"jai— k Qr 4YJ�i . j 1.. S' OdoN 33elTa3A0 o 1 : - Y �YSr j ryry •1-19 i' i. Z ti; cv fir\ Y re 1 n t ' ,`' m U C7 g W V1 Ste• ,,. - "2w W R n ar •W •. 2 I r, 7 — __. ..__ _ — w 41 II ak � Y ...,1 r":i __. #1, F l r I t g q � MI Cl!I MI 775 • I, 1 x il , » . 13:3-11b• -151ItilitILI RECEIVED » I §TATS OF OREGON j eD - — 4� WATER WELL REPOR Q� P 211987 o c r,2 7 1987 . 1 law required by ORS 657.766) - (1) OWNER: wwt►ATfil3 RFSOhiRCE8(f�Q� V egal description: Name Mr. Cliff tludsori_ _ SA!_F.M.OREGON -' . Address County 5 Gi�GSti, Lunge tude 63575 Old. Des. x'd. Be]1.d Township l Nor$,Ran 1� EorW,WM. City State - OR Zip -- Section 5 _ 1.4 (2) TYPE OF WORK: Tar Lot I 171 _Lot Block Subdivision y rde • New Well El Deepen ❑ Recondition ❑ Abandon Street Address of Well(or nearest address) 63575 ela (3) DRILL METHOD I Rotary Air ❑ Rotary Mud ❑ Cable (10) STATIC WATER LEVEL: p p ❑ Other 715 R. 8 below land surface. Date /13/87 (4) PROPOSED USE: Artesian pressure lb.per square inch. Dire Yg Domestic ❑ Community ❑ Industrial ❑ Irrigation (11) WATER BEARING ZONES: ❑ Thermal ❑ Injection ❑ Other . BORE HOLE CONSTRUCTION: Depth at which water was first found 715 Special Construction approval Yea No r� Depth of Completed Well ft From To Estimated Flow Rate SWL Yes No 715 nl 732- 6 o_ 715 Explosives used ❑ ❑ Type Amount _ 7 7E 0 14 gpm HOLE SEAL Amount ry Amount •ger Frio TTs (ie?Ikellat F V 2:5o sackrpt,poundar 8 19.760 ► �� (12) WELL LOG: Ground elevation Material From To SWL - _ Top soil .--- 0 6 How was seal placed:Method ❑ A ❑ A ❑ .0 ❑ D S Basalt. Grey 6W 94 , ❑ Other SaadstoILe -•• 94 147 Sec krill placed from ft.to ft. Material Lava Grey 247 2 ' Gravel placed from_ ft.to R.—.Size of gravel •, .1 salt 2 3 4p 7 i (6) CASING/LINER: Sazids ton e 07 539 Dia suer From To Gau-a Steel plastic Welded Threaded I Basalt Grey 9 ij5 Casing �,f 1 1• J ❑ OE ❑ Basal fractured WB ( � '/6 715 MM. ' ❑ ❑ a ❑ M ❑ ❑ ❑ ❑ __ Liner: IIM__ ❑ ❑ ❑ ❑ MM ❑ ❑ ❑ ❑ 01 location ofshoe(a) (1) PERFORATIONS/SCREENS: ❑ Perforations Method - - ❑ Screens Type Material Slot Tote/pine Om To size Number Diameter size Casing Liner - I ❑ ❑ - ❑ ❑ ❑ ❑ I . - .0 0 Dataatarted. 8 �87 Completed . (unbonded)Water Well Constructor Certification: (8) WELL TESTS:Minimum.testing time is 1 hour I certify that the work I performed on the construction,alteration,or Owing abandonment of this well is in compliance with Oregon well construction ❑ Pump ❑ Seiler Mr ❑ Artesian standards.Ma rials used and information reported above are true to my best Yield gal/min Drawdown Drill stem at Time knowledge a lief. - WWC Number 1371 20 0 7)0 l hr. Signed Date 9/1/87 �_ I (bonded)Water Well Constructor Certification: Temperature of water y - Depth Artesian l low Found I accept responsibility for the construction,alteration,or abandonment work performed on this well during the construction dates reported above.all Was a water analysis done? ❑Yes By whom work performe during this time is in compliance with Oregon well Did any strata contain water not suitable for intended use? ❑ Too little construction ./In.. ...This report is true to the best of my knowledge and ❑ Salty 0 Muddy ❑ Odor ❑ Colored ❑ Other belief. / • ,..,,,,.‘,.1 WWC Number 1371 Depth of errata: _ .. Signed 4, it ,.11gi�IM�. Date Z/1/S 7 WHITE COPIES-WATER RESOURCES DEPARTMENT YELLOW COPY CONSTRUCTOR PINK COPY CUSTOMER 9809C 10/M o NZ.-W �_O cva I"- y Ag1l CI LI drn 33S At. [I LI OR 375 07'1 Cl LI dr.375 �7r1 C.LI dm?35 ti • .h w al ate' c •w . laN �WN V -• 11) � • b, 'tin, n in • u .,.�daY'""n rl Y w 11 / __................... . -. CO //L) o a. ��_ W 4{ Id....c ate. 7. W rr V1 , , ‘. ,.. � ri,„ t)r-1— W r....M.,:., S d 'A 6 CD v 6° $9 *.. " 77 U M ■ ♦ [1 t r-• it 1 N • W rr W La 1 t .---.. -,-.. . . . . . . . . . . . . . . • - - - ), p. C , a r ...rte w^ II HMS t•no- _..... ... -..---........ ...,...... _ 1 -PI 4-'' nICTI / '''' III i. �1 �""""" W �L. n. 'q L---= PI ,iy-h- .....• , ` v .. .{ .. p6. 11 U d'MI li5 l't n '!1'9I Cl LI AR 775 unl ZI I.dMl 335 K2I Cl 11 dMr 115 -1 Why Itt. 11 11;1 r * , . RECEIVED + $STATE OF OREGON' - WATER WELL REPOR. - 1 ' P 211987 o G r.2 7 1987 . . . tea required by©R8 637.76 ) -- (I:) OWNER: WAXER RFSOU GEo riltlitiliM2g `'W + 1fega1 description: Name Mr. Cliff Judson. _ RA!EM.-OR EGON cowtty Cr Aa4 QI .("� ' •Longitude ' ?iddreta 43,575 Old D . x'd��E 'n zip Township 17 Nor S,Ran 12 E or W,W M. tt p City Section 15 Ui NW _ - .. (2) TYPE OF WORK: Tex Lot W7 Lot Block Subdivision.: — ' -" K] New Well ❑ Deepen 0 Recondition ❑ Abandon Street Address of Well(or nearest addreae). 63575 Old Des. £d,. (3) DRILL METHOD 1 Rotary Air ❑ Rotary Mud ❑ Cable (10) STATIC WATER LEVEL: ❑ Other 715 ft.below land aurface. . Date 8/13/8.7_ . (4) PROPOSED USE: Artesian preemie lb.per squire inch. Dire. Ig Domestic ❑ Community" ❑ Industrial ❑ Irrigation (11) WATER BEARING ZONES: ❑ Thermal ❑ Injection ❑ Other r7 BORE HOLE CONSTRUCTION: Depth at which water was first found , l 5 - Special Construction approval a. No 0 Depth of Completed Well�_ft. From To . _Estimated Flow Rate r7 SWL Yea No 71 732. _ 6 gpffl- f 15 Explosives used ❑ ❑ Type Amount . _ ?ha 7670 1Lt. gpm ,_ HOLE SEAL To SEAL Amount ter Fete 1Cj Cement From 119 sacks py,pounda ` $ 19 .760 U 7 1 V' (12) WELL LOG: Groundelevation .. Material From To SWL . Top soil .__ . 0 6 How was seal placed:Method ❑'A ❑ it ❑.0 ❑ D E1 E Basalt. Grey 6 94 . ❑ Other Sands torz.e --' -� +9l} 147 Bat krill placed from ft.to R. Materiel Lava Grey 147 263 Gravel placed from..-._ ft.to ft. Size of gravel jas.]. t Z 3�.07 (B) CASING/LINER: Sandstone - 407 539 Dla eter From To Oau a Steel Plastic Welded Threaded Gr e EIE Casing it 1 6a ❑ ❑ Q ❑ Basal t Era Ctured V�IB f 5 `(6 715 EMI ❑ ❑ ❑ ❑ - - _- Linen =MOM ❑ ❑ ❑ ❑ IIMMIIIMIII ❑ ❑ ❑ ❑ - it1 location of shoe(s) PERFORATIONS/SCREENS: _ ❑ Perforation Method - - - - ❑ Screens Type Material- - - 'toot To Slot Tote/D1pe atze umber Diameter size Casing Liner .. .❑ ❑ II= ❑ ❑ - MIME ❑ MNIIIMM1111111=1111 ❑ ❑ ' /� r� /, _� _ . .0 ❑ Date'darted 8,1/8? Completed 8/lJi./87 . (unhanded)Water Well Constructor Certification: (8) WELL TESTS:Minimum.testing time is 1 hour I certify that the work I performed on the construction,alteration,or Flowing • abandonment of this well is in compliance with Oregon well construction ❑ Pump ❑ Seiler Air ❑ Artesian standards.Ma, riais used and information reported above are true to my best Yield gal/min Drawdown Drill stem at Time knowledge a elief. 20 � 0 7, 0 l hr. Signed C4 p G N9/1/87 371 (bonded)Water Well Constructor Certification: Temperature otwater 52 Depth Artesian Flow Found I accept responsibility for the construction,alteration,or abandonment work performed on this well during the construction dates reported above.all Was a water analysis done? ❑Yes By whom - .. work performed during this time is in compliance with Oregon'well Did any strata contain water not suitable for intended use? ❑ Too little construction -�n.: 0..This report is true to the best of my knowledge and © Salty 0 Muddy ❑ Odor ❑ Colored ❑ Other belief. / ,' WWC Number r 1371 Depth oratreta: Signed ii/ i/ g J Date 9J]/87 WHITE COPIES-WATEI1 RESOURCES DEPARTMENT' YELLOW COPY-CONSTRUCTOR PINK COPY-CUSTOMER 9809C to/as to t5 CV 2: I=1 .-•— FiERia§ csi z r-,itt Ott it o OR 775 )01 41 41 OM 775 H.)11 LI L I.eh)75 ))YI (1 ll&I)315 n.41 , •IC,z..if...j . ■-•'.3 Cl- l.."' 1=I •.. W.— ak _ ..N.rj.„ Col Is* ,,,",!,',"4' ''''':,:''''''W,::,,,,:,'wo''''::1:1 PI 1..... .• 7., '%0 •••■ n ul n . 40,,,t .t– •– 1• li 1 it 1 it, I II CO It ED C.7 C.1. I '2 in - ..../ „ ct 1 tr.: ..-La a] I • g 8! Il C,t= 4 ''.: .. ... • 0_10 0_to W C4 ,, I- C-3 l.L.I.- • i.. -- 1.1.1 ,s CD LI"P.... 4 • 1,44 tit— cs4 ,,„;.7.,...,.. •. bit,-- ..., i i ::" ..„ .., •.*–. - a .-- . . . . . . . . . . . . . . . . - • 141.J.0), — 11113$ 34111 147■21------- ....4. _ 317ml ATI . — ' .••■_• c cn r... FI . t a ..a-- ril':17„ , .,.„._ er'lli' ---' 7T--. ..._ ir 2 L' 17 ii .4.F.....;'. . ...i ',- . . ..:-. ....-... • .z. i . ;:: , ,1,,„.,.. ... , - .... _.. 0111W ' ":-.: ■ , y,9,ti it•••37S 079t Zi it tie•I1S s. wegt it it tem Ds 001 Cl it W11 735 jni 1 g & • . - i. �� RFCFIVED _ / Z / /2 j , , . 'STATE OF OREGON CO JAN — A �g95 WATER SUPPLY WELL REPORT (u reyairod by OAS 539.765) (START ,. D)# ✓ / 2 Inslructfon,for completing this report are on the last page of this WATER RESOURCES DFP (1) OWNER: Well Number SAL MA LOGATrcOF ELL by legal description: Name . [ ,,� �� County f Latitude Longitude Ady Address "� l 1"I I•aW�A.• Township / N or S Range -&— B or W. WM. • Adyr _- MYiV/J Suite ___ 7i. 40' ' ' Section /5.JQ/3 f// 1/4 1/4 (2) TYPE OF WORK Tax Lot „4, Lot Block Subdiv .n New Well❑Deepening [JA.lteratio_n(repair/recondition)❑Abandonment Street Address of Well(or nearest address) - G '—r,r .y n„'n� (3) DRILL METHOD: „gC/L� d A'Rotary ['Rotary ❑ . ❑ ugcr _ (10) TIC WATER LEVEL: L/ Rota Air Mud Cable A / Other ft.below land surface. Date f Z/BLS (4) PROPOSED USE: _.._ Artesian pressure lb.per square inch. Date Domestic ❑Community ❑Industrial Irrigation- (11) WATER BEARING ZONES: J(_J Thermal ['Injection ❑Livestock " ❑Other 0 (5) BORE HOLE CONSTRUCTION: Depth at which water was first found i/14;. Special Construction approval❑Yes[ lo Depth of Completed Well Pft. Explosives used ❑Yes"[ No Type Amount From To Estimated Flow Rate SWL HOLE SEAL ' D _ Wi �}d Diameter From To Material From To Sacks or you ds �//t�/ R Z, 0 il ----- (12) WELL LOG: How was seal placed: Method ❑A ❑B EC ❑D 0 E Ground Elevation Other /2:40 'Backfill placed from ft. to it Material Material From To MI . Gravel placed from ft. to 11 Size of gravel y rlM('_ (6) CASING/LINER: 1 .� ��MI Diameter From To Gauge Steel Plastic Welded Threaded M 1110FM'lee Casing' / . _ ' — `° Al ® ❑ 54 =NM ❑ .❑ ❑ ❑ frNd p ,,,,z 4 == ❑ ❑ ❑ ❑ <9/`j � 2 S5 MM. ❑ ❑ ❑ ❑ _/, Liner: •"S nil (2 ❑ a ❑ , . Final location of shoe(s) .r .r,,t oe _ __ - " fa (7) PERFORATIONS/SCREENS: r�t "mot........ _, re� ■�/��� 1Perforations Method �- 12,_,&.}144 I7- �1,17M�6Y.1�_ Screens Type Material 1/ Jj�fjp Jr Slot Tele/pipc .. / = ! /r ,From 0 ale Number D meter sire Casing Liner VAN .We ..." - Aiii 7="ZV.-e 0 . ri8- ....-.2 ..417.4.459sor -nimm an - M= ❑ ❑ ..._. • 44917..... S.'sJ/rte _ - _0 . 0 : . Ma (8) WELL TESTS: Minimum testing time is 1 hour Date started /2 pp 9 9 Compieted „4111111r Flowing (unhanded)Water Well Constrictor Certification: [Pump QDaifi eTr it ❑Artesian_ I certify that the work I performed on the construction,alteration,or abandonment Yield¢al/min_ Drawdown Drill stem at Time of this well is in compliance with Oregon water supply well construction standards. �79 Materials used and information re r•--d above are true to the best of my knowledge >d`431 Z 1 hr. and belief. 4� • WWC Number 5/ I Signed Lir. Date Temperature of water Depth Artesian Flow Found _ (bonded ' a r Well Construct.., erttfleatIon: Was a water analysis done? ❑ Yes_By whom I accept responsibility for constriction,alteration,or abandonment work Did any strata contain water not suitable for intended use? ❑Too little performed on this well during the construction dates reported above. All work performed Burin; •is time is in compliance withpregon water supply well 0 Sally ❑Muddy '❑Odor ❑Colored ❑Otrrer constructions I , ds. • repo ' - to the best of my knowledge and belief. Depth of strata: _ WWC Number ,�rr Signed _ 4- % „d Date �f/ , p• ORIGINAL&FIRST COPY-WATER RESOURCES DEPARTMENT SECOND COP/ IN RUCTO- THIRD COPY-CUSTOMER / 4 ^ CD 1:11:1 kr) 04 = IA\A eg yci zl dm lIs v b 1.1.. . _ 4 , I ll'''',, , . r . 1 , \ , ..• I VAT,rrr•01111,11trIrNIZI);4,7,-;. Irrr' • , I i ‘ 'I I ,..., CNI Lt r.• i 4 ce i • .. , 9 •1-- v:, 1 Lei= '• ._.- 14, . ,..... 4 _ . ---a , r4) _ 4 1 Le)LIJ n ‘dt' = ,,.=\ ,..--.• . • La fil VI LLJ i --______1,4•4k.i...,...,,,.....144.,H ''''; 1:73 nt- 6 r— 1.• It: L..1 . .... '82 Fe ri i.— r ..... \ 0 • . 5 v V 4- ,0,., 9-7,'. •...Sr Cr,$l I , ;, d no .."..----- a' I) I F 4 ; 1 P •,' '' a if 2 ifl 1 1 ,•I ; o ..■-■ aLq„L__I —t * 'I. r c,zi,,en,.US ,,lgTir. 0. § g t V5 . ,-, , ,r 6/20/2014 Well Query Report Well Log Query Results NEW!GPS points,where available,have been added to the far right of the table.Click link to view on map Township: 17 S,Range: 12 E,Sections: 15 III street nfwen Owner Company a Received Bonded S m lnB Cr}q l,r c N m y d 3 o Bala Cnnatruclor r S 4 to o x# u _ 17,0o5n 2,OOE•15 SIEBER,MR RICHARD H REED.LLOYD 'm' 1:3, NW-NW RT 3 BOX 358 W 0.00 0.00 0.0 08/23/1973 REEDS WELL J v BEND OR 97701 DRILLING 17005.12.00E-15 W 178,00 162.0 7.0 05/18/1968 06/18/1968 TRV55ELL, 981 J .1r.L...:,." NENE IRA CUNNINGHAM, 17.000-12,008-15 GARCIA,SUNNY WM M N;F'; /!:I,S NE SE 7927 JACKSON WAY W 180.00 200,00 154,0 12,0 04/07/1974 12/31/1974 CUNNINGHAM NI BUENA PARK CA WELL Lx,,,I..1"2.l 17.000-12.00E-15 W 210.00 190.0 10.0 00/29!1967 07126/1967 TRUSSELL, NE•NE � 1 IRA L4.,:,,.,4.,. 1LOOS•15.006-15 •�-U- BROOKETT, , ^"� NE-NW 678 -RO W 715.00 760,00 715.0 200 08/13/1987 10/27/1987 GALE R '1 BEND OR 87701 63536 OLD r I 17,005.12.00E•l5 600 DESCHUTES 23. 1' w .'i2rEDR W 710.00 770.00 500.0 0.0 12/29/1994 01/0911994 DUNAGAN, 75196 J , LZy .`.-� NW-SE RD BEND OR 97701 DOUG 12LaidIMMI Data, {C tuuo Iui,ll t.Ug Oukiv http://apps.wrd.state.or.us/apps/gw/welI_log/ ell_report.asroaq=basic&lownship=17&township_char=S&range=12&sctn15=1&range_char=E&pagesize=10 1/1 Central Oregon Irrigation District State Historic Preservation Officer (SHPO) Information 5.I-I F`-) CENTRAL OREGON' CENTRAL OREGON IRRIGATION DISTRICT 1055 SW LAKE COURT,REDMOND,OR 97756 PHONE: 541348.6047 FAX: 541548.0243 - . www.coid.org F,&adhhed I918 IRRIGATION DISTRICT A MUNICIPAL COFRPO6.ATION OF r'HE STATE OF OREGON December 16,2013 Roger Roper,Deputy SHPO State Historic Preservation Office 725 Summer St NE Suite C Salem OR 97301-1266 Re: SIIPO Case 10-1873: Central Oregon Irrigation District Piping of a segment of the Pilot Butte Canal(Juniper Ridge Phase II) Determination of Eligibility and Finding of Adverse Effect Mr. Roper: Central Oregon Irrigation District(COLD)has reviewed the Oregon State Historic Preservation Officer's(SHPO)determination of eligibility and findings of effect for COID's proposed piping of a segment of the Pilot Butte Canal as funded through Reclamation's 2013 Water Smart Grant Program. COID concurs with the Bureau of Reclamation and the SHPO that the Pilot Butte Canal is an eligible historic feature,and that the project will result in an Adverse Effect. As verbally agreed to by your staff,Reclamation and COID,mitigation of the Adverse Effect can be achieved by modifying the existing Memorandum of Agreement that was signed in 2012 under the 2012 WaterSmart Grant awarded to COID by Reclamation(e.g.,I-Lateral piping)to specify in detail how on-going piping and conveyance upgrades are to be addressed while COID works to complete the Multiple Property Documentation and develops criteria for identifying portions of the irrigation system that retain high integrity for preservation.It is COID's understanding that Reclamation anticipates that an amended MOA will be complete and signed by the involved parties by the end of January 2014. Thank you in advance for your assistance,and please direct any ensuing correspondence,or requests for additional information,to Laura Wollam, Water Use/Grant Specialist at the COID Office at(541)504-7577 or 1;];‘, t., d Sincerely, Steveni.nson Manager el a:ur74 ,..,,'YN k 17>''''.0. ifililli United States Department of the Interior BUREAU OF RECLAMATION -�:�': ''� TAKE PRIDE s:-- �„r�,,,,�:.' Columbia-Cascades Area Office '1'.:',...4:4.10"' 1917 Marsh Road INAMERICA 1 114 REPLY Ma TO: Yakima,Washington 98901-2058 CCA-1731 1 ACM-4.00 1 Mr.Steve Johnson l Central Oregon Irrigation District 1055 SW Lake Ct Redmond,OR 97756-1469 Subject: Grant Agreement No.R13AP13014 Juniper Ridge Phase II Piping Project Notice to Proceed Dear Mr.Johnson: The Bureau of Reclamation has issued a Categorical Exclusion Checklist(CEC)for the Central Oregon Irrigation District(COD)2013 Water and Energy Efficiency Grant(WEEG)Juniper Ridge Phase II Piping(Project). This letter provides written notice to you that COID's NEPA compliance activities are completed for the Project as indicated in the CEC. COID may proceed with the activities indicated in the CEC as Cleared for Construction. Further,with respect to Federal cultural resources laws and regulations,COID is cleared to begin ground- disturbing activities,provided that in the unlikely event that archeological materials or human remains are encountered during the course of construction,all work must immediately halt in the area of the find. COID must immediately notify Reclamation and The Oregon State Historic Preservation Office of the discovery and take precautions to protect the discovery. COID shall not proceed with any further actions in the area of the find until written notice to proceed is provided by Reclamation. al Funds are available to draw down as set forth on page 22,paragraph 2.2 Payment Method of the grant agreement. i Thank you for your efforts to complete the reviews and consultations. We appreciate COD's participation in WEEG activities and look forward to the successful completion of this project. If you have any questions of a technical nature,please contact Ms.Kathy Kihara,Water Conservation Coordinator at 541-389-6541,extension 229. Sincerely, 1 C-j4Y-k.,\n'eAt.lerct(Pc—,, iSharon L.Harnson Grants Officer Enclosure I I Copies;41;9 CATEGORICAL EXCLUSION CHECKLIST 1-4- PROJECT: Central Oregon Irrigation District"s 2013 Water and Energy Efficiency Grant,Juniper Ridge Phase Il, •�.G• '�O/� o Bend Field Office F DATE: February 27,2014 ,'pfd-/. / 40A-goy EXCLUSION CATEGORY; 516 DM Chapter 14.5 D.1.Maintenance,rehabilitation,and replacement of existing facilities which may involve a minor change in size,location,and/or operation;AND 516 DM Chapter 14.5 Cl. Minor construction activities associated with authorized projects which correct unsatisfactory environmental conditions or which merely augment or supplement or are enclosed within existing facilities. NATURE OF ACTION: The Bureau of Reclamation(Reclamation)proposes to provide Central Oregon Irrigation District(COID)with financial assistance through a 2013Watr_rSMART Water and Energy Gram(WEEG)for the construction ofJuniper Ridge Phase H. EVALUATION OF EXTRAORDINARY CIRCUMSTANCES FOR CATEGORICAL EXCLUSION(516 { DM 2 Appendix 2:43 CFR 46,215) ( Extraordinary Circumstances Exist For This Action Which May: _No Uncertain Yes LI. 3 Have significant impacts on public health or safety. X ' 2. Have significant impacts on such natural resources and unique geographic characteristics as historic or cultural resources;park,recreation or refuge lands; wilderness areas;wild or scenic rivers;national natural landmarks;sole or principal X drinking water aquifers;prime farmlands;wetlands(Executive Order 11990); tloodplains(Executive Order 11988);national monuments;migratory birds;and other ecologically significant or critical areas- J 3. Have highly controversial environmental effects or involve unresolved conflicts X concerning alternative uses of available resources(NEPA Section 102(2XE)). 4. Have highly uncertain and potentially significant environmental effects or involve X unique or unknown environmental risks. 5. Establish a precedent for future action or represent a decision in principle about future X actions with potentially significant environmental effects. 6. Have a direct relationship to other actions with individually insignificant but X cumulatively significant environmental effects. 7. Have significant impacts on properties listed,or eligible for listing,on the National Y Register of Historic Places as determined by either the bureau or office. ! S. Have significant impacts on species listed,or proposed to be listed,on the List of Endangered or Threatened Species,or have significant impacts on designated Critical X I Habitat for these species. . 9. Violate a Federal law,or a State,local,or tribal law or requirement imposed for the }i ' protection of the environment. 10, Have a disproportionately high and adverse effect on low income or minority X populations(Executive Order 1.2895). __ { 11. Limit access to and ceremonial use of 1nd-enn sacred sites on Federal lands by Indian religious practitioners or significantly adversely affect the physical integrity of such X snared sites(Executive Order 13007). 12. Contribute to the introduction,continued existence,or spread of noxious weeds or non-native invasive species known to occur in the area or actions that may promote the introduction,growth,or expansion of the range of such species(Federal Noxious i { Weed Control Act and Executive Order 13112). Yes Uncertaini No This action will affect Indian Trust,Assets(lT•Ael. — _ X This action will adversely affect Essential Fish Habitat. _. NEPA ACTION RECOMMENDED: ® Categorical Exclusion ID Environmental Assessment O Environmental Impact Statement 1 ENVIRONMENTAL AND TRUST ASSET COMMITMENTS„EXPLANATION AND/OR COMMENTS: Reclamation proposes to provide.COLD with financial assistance through a 2013WaterSMART WEEG to construct the Juniper Ridge Phase]]project. The COID,an irrigation district operating in Reclamation's Deschutes Project in Oregon,plans to utilize the WEEG costahare funding towards Juniper Ridge Phase!i; the third phase of the North Unit Irrigation District's(NUID)Water and Energy Conservation Initiative that involves piping approximately one mile of the Pilot Butte Canal. Juniper Ridge Phase It will conserve water,restore water instream,conserve additional energy,and generate additional renewable energy. The Juniper Ridge Hydroelectric Plant's powerhouse is located north of Bend,Oregon,on COID's Pilot.Butte Canal near Deschutes Junction at Highway 97. COB)plans to concrete line the forebay and install approximately one mile of steel pipe. The pipe would be 10$"in diameter and would be placed within the existing Pilot Bete Canal prim. The proposed project will conserve approximately 2,552 acre-feet(AF)of water that is currently lost to seepage,and allocate 2.000 AF to lands lathe NUID that currently reeeive water from the Crooked River. NUID's associated Crooked River water rights wiled be converted to instream water ruts in the Crooked River and maintain their exiting priority date. The ultimate goal of the Water and Energy Conservation Initiative is to eliminate NUID's need to pump water from the Crooked River. The proposed project would market a total of 2,552 AF of COLD Deschutes River water. it would market$52 AF to instream use in the Deschutes River;2,000 AF to NUID for irrigation use;and,2.000 AF of NUID Crooked River water tights to ens ironmentel fenders to be allocated for instream use. Under the current configuration,the Juniper Ridge Hydroelectric Plant's peak operational generation capacity is 3.6 MW. The proposed piping project would serve as a penstock extension,allowing COlD to capture an additional 40' of net head thereby optimizing generating capacity of the Juniper Ridge Hydroelectric Plant to its Cull potential of 5.0 MW,generating an additional 3.727,545 kWh ennually_ Under the propnsed project,COI/)would still divert the conserved 6.15 eft(the conserved 7.$5 cfs•ininus the permanent 1.7 cfs left instrearn for Deschutes River insaream flow restoration)which will run through the Juniper Ridges Hydroelectric Plant,and then be delivered to NUID at its current 741111)spill near the Crooked River pumps. NUiD would save approximately 543,343 kWh of energy annually by not pumping Crooked River water to serve NUll lands, Thee Oregon State Historic Preservation Office(SHPO)has previously determined that the Pilot Butte Canal is eligible to the National Register of Historic Places(National Register)and that the proposed piping project will adversely affect the resource's character-defining features. The 2012 Memorandum of Agreement(IvMOA)was determined sufficient for mitigating the adverse effect to the National Register eligible historic properties for Juniper Ridge Phase 11;however,the MOA has been re-written and re-issued to address:CO1D's ongoing water conservation projects. Reclamation concludes that a Biological Evaluation,under Section 7 of the Endangered Species Act(ESA),is not required for this proposed action. Reclamation determines that this Federal Action will have no affect on Threatened or Endangered tics. Any Indian trust assets would not be impacted by this project. Should cultural resources be discovered during construction,all ground disturbing activities in the area of the archeological resource will stop and the Bead Field Office Amheokigist.will be contacted at(541)389-6541. Construction will not resume until all mitigative measures developed in consultation with the State Historic Preservation Officer have been completed. in evaluating environmental justice,there would be no adverse or significant impacts to minority or low-income nopnlaitions or communities. This Federal action will not adversely impact access to or ceremonial use of any identified Indian sacred sites,and will not adh•ereely affect the physical integrity of any such sacred sites. Through this Federal action,Reclamation approves of fsrnding a 2013 WriterSMART WEEG to COIL)for construction of Juniper Ridge Phase II. 2 r� l'CCyk3f€F: /11271/4"14•14 VaiHF „r .:..wF.iF''� Environmental tini Specialist Concurrence with Item 7: Date: send Field Office Archeologist Concurrence with ITA Determination: `tfefrt t} ,fYi 04,61 Date: /f( I A designee Concurrence: f 74/Ve- 41R/C l Date: Bend Field Office Manager rxr,� / / C oacarrer f' .r. I5 .. r' Date: avironm ms Mtn , F ti sat ( foi. APProved: i-""-E Deputy Area Office Manager Categorical Exclusion Na. r3,70/1/-eerie"" 41 el Date: 1--/Alv; Com lit) _ 1117c �--_/-_—__—..... __- monctureoco with 1TA Dmerimiostiow ____ �__________ Oak: _ ________ /\°m/m,��. flak- 2-ig- y/x-Onle�__ ...61 c...loo:pm:*` ______ Dec ____ Espmvmoptota^rromraot`°a°~mty apr»~"� ___- __-____�' _ Dap:. ___________ _ Cmtametical Exc./WuuNo. ________ ;Inc. 1 3 MEMORANDUM OF AGREEMENT No.RI4MA13733 AMONG THE U.S.BUREAU 01?RECLAMATION, THE OREGON STATE HISTORIC PRESERVATION OFFICE AND CENTRAL OREGON IRRIGATION DISTRICT For Piping of a Segment of the I-Lateral ALFALFA VICINITY,DESCHUTES COUNTY,OREGON This Memorandum of Agreement(MOA)is entered into by Bureau of Reclamation,Coltunbia-Cascades Area Office(Reclamation),the Oregon State Historic Preservation Office(SHPO)and the Central Oregon Irrigation.District(District)to define their respective roles in mitigation efforts related to the piping of the I-Lateral of the Central Oregon Irrigation District System(System). This MOA outlines separate,but related mitigation for the outrun undertaking(subterranean piping of a Segment of I Lateral)and the proposed future piping of the remainder of the canals,laterals,sub-lateral and ditches within the District. This MOA replaces MOA No.R12MA13723 thereby canceling it in its entirety. L Background The District is located in Deschutes County. The District provides irrigation water within the Central Oregon Tri-county area with 43,000 acres delivered to water users in the vicinity of Bend,Alfalfa,Powell Butte, Redmond,and Terrebonne,within the upper Deschutes River basin. A. I-Lateral Piping Under the current undertaking,the District intends to protect and improve water quality and improve water delivery by converting approximately 4,800 feet of open ditch laterals within the I-Lateral of the System to pipe,in T17S RI4E Sections 25,26 and 36. The District has been awarded a grant through Reclamation's WaterSMART Program to perform the work. Because Reclamation-administered Federal funds will be involved in this project,the Section 106 process of the National Historic Preservation Act was applied to identify affected historic properties. Pursuant to Section 106 of the National Historic Preservation Act(NHPA),the District has documented the extent of the Lateral within the current undertaking's Area of Potential Effects for historic and archaeological resources to standards acceptable to Reclamation and SHPO. Reclamation,in consultation with SHPO,determined that replacement of the open I-Lateral with the pipe will have an adverse effect upon the historic integrity of the Lateral. Reclamation notified the Advisory Council an Historic Preservation(Council)of the adverse effect on the I-Lateral pursuant to the Code of Federal Regulations(CFR)36 CFR Section 800.6(aX1),and in a letter dated September 17,2012,the Council indicated that their participation is not needed in the consultation for resolution of adverse effects from this undertaking. Specific mitigation strategies designed to address the adverse effect of this undertaking are identified below,in section 3.A. MOA#R14MA13733 Page 1 B. Future Piping of Cabals.Laterals,sub-Laterals.and Ditches Through discussions between Reclamation,SHPO,and the District related to future project planning and the stated intentions of the District,a proposal to programmatically mitigate for future adverse effects related to the future piping of canals,laterals,sub-laterals,and ditches throughout the District has been developed. This MOA is intended to provide mitigation for such future piping efforts. Specific mitigation strategies designed to address the adverse effects of these future undertakings are identified below,in section 3.B. C. Interim Management Until the Programmatic Agreement is signed and in place,all consultation regarding non-Federal undertakings will be reviewed by SHPO under standard State review practices,as defined in Oregon State Regulations(ORS)358.653. This MOA is entered into under the authority of the National Historic Preservation Act of 1966 as amended,as specified in the regulations in 36 CFR 800,and specifically in Section 6(c)--Resolution of Adverse Effects without the Council. 2. Purpose and Applicability This MOA will servo to define the necessary actions for documentation of the System in its current state, define in more detail the historical significance,contextual setting,character-defining characteristics and the contributing properties within the System,and set the parameters by which future actions to pipe the System can be accomplished. This MOA will reduce the need to consult with the SHPO on a case-by-case basis when qualifying future activities(defined as subterranean piping of canals,laterals,sub-laterals,and ditches)take place on the System,and provides for a schedule that allows the SHPO to be updated on implemented actions. This MOA does not apply to projects affecting any feature or element that is or may be individually eligible for listing in the National Register of Historic Places. Federal undertakings that affect these elements of the District will continue to be reviewed under standard Section 106 review processes(36 CFR 800). Non-Federal projects will continue to be reviewed under ORS 358.653. 3.Implementing Actions A. Piping of I-Lateral The S11P0,Reclamation,and the District agree that the current undertaking,consisting of the subterranean piping of approximately 4,800 feet of the I-Lateral,currently an open-ditch structure, represents an adverse effect to the National Register-eligible District water conveyance system. In order to mitigate that adverse effect,the following shall be implemented: 1. Reclamation will: (a) Consult with the proper interested parties,such as the Council,SHPO,and the Confederated Tribes of the Warm Springs Reservation. (b) Ensure that mitigation efforts defined in this MOA as part of the current undertaking (identified below,Section 3A2)are completed to the standards set forth below. 2. The District will: (a) Perform or cause to be performed the Historic Documentation of the System: MOA#R14MA13733 Page 2 • Following all applicable guidance provided by the National Park Service and SHPO,the District will conduct a historic properties inventory of the entirety of the District facilities and infrastructure related to water conveyance(i.e.,not to include district offices and equipment/vehicle maintenance or storage facilities). This inventory will document all water-conveyance system buildings and structures,provide location]information(in G1S format,using lines to represent canals,etc.,and points or polygons,as appropriate,to represent features)for all water conveyance-related buildings and structures,as well as associated features. The inventory will meet the requirements set forth for Reconnaissance Level Surveys,as defined,in the document,"Guidelines for Historic Resource Surveys in Oregon." Prior to initiation of the survey,a written,detailed survey design will be submitted to SHPO for review and concurrence. ▪ This inventory will be completed and submitted to Reclamation and SHPO for draft review within three(3)years of the date of the final signature on the document. Comments and revision requests from Reclamation and/or SHPO will be addressed,and a final version of the inventory will be submitted within one(I)year of the receipt of such comments. B. Future Piping of Canals,Laterals,sub-Laterals.and Ditches Elmvbere Within the District SHPO,Reclamation,and the District understand that it is the intention of the District to convert significant portions of the system of open canals,laterals,sub-laterals and ditches within the District to a subterranean,piped system. In order to mitigate for future adverse effects that would arise from these efforts,Reclamation,SHP()and the District have agreed to mitigate programmatically through the following measures in order to reduce time,effort,and resources required to conduct standard Section 106 and/or ORS 358.653 consultation: 1. Develop a Programmatic Agreement(PA) (a) Reclamation,SHPO,and the District shall enter into a PA to allow for the more efficient fulfillment of the entity's obligations under Section 106 of the National Historic Preservation Act,as amended,and Oregon Revised Statute 358.653,as applicable. (b) All parties shall use the Multiple Property Document(see Section 3.B.2.,below)to identify contributing segments of the canal system to be managed under the PA and any subsequent documents created as part of the process. The PA will include,at minimum: • A list of routine maintenance and minor construction activities and actions that do not adversely affect the historic resource and that are exempt from regular review by SHPO; • A provision to address emergency situations where catastrophic breach of the canal or other unforeseen event or eminent threat endangers human life or property. Such a provision shall allow the District to act on the immediate situation without consultation and address compliance with applicable cultural resource laws in consultation with appropriate federal agencies and stakeholders within 30 days of the incident. • An inadvertent discovery clause,which will outline procedures to be followed when unknown,unanticipated cultural resources are discovered due to District activities; • A description of annual reporting requirements and timetable for reporting activities undertaken by the District where the provisions of the PA were applied; MOA#R14MA13733 Page 3 e A defined effective period of ten(10)years with provisions for the document to be reviewed at five years from last date of signature,amended as necessary,and the effective period continued,based on consultation. If appropriate,the effective period can be extended for an additional ten(10)years(with an additional five- year review),subject to the agreement of Reclamation,SHPO,and the District. (c) The PA may also include a probability model for subsurface archaeological sites, cultural resource treatment plans,and preservation plans,as agreed to by the signing Parties. (d) Reclamation,SHPO,and the District,as well as any other interested,consulting parties, will be signatories to the PA. (e) Until the PA is signed and in place,all consultation regarding future federal undertakings(those not covered under Stipulation A)affecting the District water conveyance system will be reviewed by Reclamation and SHPO under standard Section 106 review practices,as defined in 36 CFR 800. 2. Develop Multiple Property Document(MPD) (a) Following all applicable guidance provided by the National Park Service and SHPO for the preparation of MPDs,the District will edit the MPD,Historic Agricultural Resources in Central Oregon,which is currently in draft form,as prepared by Claeyssens and Tomlinson(2006)under a previous Reclamation water conservation grant. The MPD will be prepared sufficiently such that subsequent Irrigation Districts are able to add their district-specific contexts and registration requirements. The MPD elements will be based on the results of the Reconnaissance Level Survey inventory created as a result of Stipulation A.2.(above). The MPD elements to be developed include: 1. General framework for the functioning of the MPD,once registered,including Sections A through.D(complete),Sections E-I such that deal specifically with the District,but that includes general introductions,contexts,and registration requirements that will be applicable across all irrigation districts included in the final MPD; 2. Establishment of the various historic contexts pertaining to the history and significance of the District. The historic context(s)will be based on historical research,and supported by historical documents and images; 3. Development of associated property types and general and type-specific registration requirements through which identified elements of the system can be evaluated for eligibility(including consideration of significance and integrity)for inclusion in the NRHP through the framework of the MPD;and 4. A GIS-based map of the entire system identifying the location,extent,and features of the District,and any other necessary appendices,shall be included. The map should identify elements and sections of the System as either contributing or non-contributing to the District as a comprehensive historic resource. (b) The draft MPD(including all GIS information)will be submitted to Reclamation and SIP' °for review and comment within three(3)years of the date of the final signature of this MOA. Draft MPD and nomination materials will be submitted to Reclamation and 4. SHPO for review by SHPO and the Oregon State Advisory Committee on Historic MOA#R14MA13733 �. . ...`. ._...---_-�.. Page 4 Preservation(SACHP). The District will address any SHPO and SACHP comments prior to forwarding the document to the National Park Service for final consideration. 3.Preservation and Interpretation (a) Following completion of the draft MPD elements described above(Stipulation B.2.a-b), the District,in consultation with Reclamation and the SHPO,shall select appropriate, contributing segments to he listed in the National Register of Historic Places through the MPD. These segments will be selected based on the following criteria: 1. The segments will be high-integrity,substantial,contributing segments (minimally,one substantial segment each in the Pilot Butte Canal and the Central Oregon Canal)to the overall eligible District; 2. The segment should include a variety of features,such that it well-represents the function and appearance of the water conveyance system,as it appeared as an. intact system; 3. The segment should be of sufficient length that on-site interpretation(see Stipulation B.3(b),below)can be achieved in an attractive,well-organized fashion,without crowding or overwhelming the resource itself. (b) Once selected,the identified segment will be cleaned,repaired,and returned to working condition in a way that meets the Secretary of the Interior's Standards for the Treatment of Historic Properties,and the immediate vicinity prepared such that it creates a welcoming, attractive environment for the public visitation and interpretation of the resource. (c) The interpretation of the resource will be achieved through the use of static or active displays that relate the history,fraction,and significance of the Central Oregon Irriy.tion District water conveyance system. Such displays will be presented in a format that is weather-and vandal-resistant,attractive,and engaging. Draft content and layout of the interpretive display(s)will be submitted to Reclamation and SHPO for review and comment,and if any revisions are requested,revised versions will be submitted for a second review prior to fabrication. Upon acceptance of the draft content by Reclamation and SHPO,the District will cause the interpretive display to be constructed. (d) Once constructed,the interpretive site and displays must be maintained by the District in an attractive and functioning cond ition- 4.Completion of this MOA The terms of this MOA will be considered to be completed when the above implementing actions(A B)have been completed to the satisfaction of Reclamation and SHPO. Upon completion of the implementing actions, all adverse effects resulting from subterranean piping of all canals, laterals,cub-laterals,and ditches will he considered to heftily mitigated,and may proceed without Section 106 or ORS 358.653(as appropriate) consultation with Reclamation or SHPO. S. Period of Performance This MOA shall become effective on the date of the last signature hereto and extend three years after the date of the last signature. The MOA will also be considered terminated once all stipulations are complete,or five years after the date of the last signature on this MOA. Any party may terminate this MOA by providing 30 MOA#RI4MA13733 Page 5 days written notice to the other party(ies). Any party may formally request modification of the MOA by providing a written request to the other pary(ies). If this MOA is terminated prior to completion of the above stipulations,then all projects undertaken from the date of the final signature not covered by the PA(should it be in effect)on this MOA must be reviewed under standard review practices under Section 106 of the National Historic Preservation Act,or under ORS 358.653, as appropriate. 6. Modifications Reclamation,SHPO or the District may formally request modification of this MOA. Modifications shall be made by mutual consent of Reclamation,SHPO and the District by the issuance of a written modification to this MOA,signed and dated by all parties prior to any changes being performed. 7. Principal Contacts The principal contacts for this MOA are; For Reclamation: Chris Horting-Jones Archeologist 1375 SE Wilson Ave.#100 Bend,OR 97701 Phone(541)389-6541 Fax(541)-389-6394 Email:chUrting nesgrtsbr. v For the District: Laura Wollam Grant Specialist Central Oregon Irrigation District 1055 SW Lake Ct Redmond,OR. 97756 Phone(541)504-7577 Fax(541)548-0243 Email: 1aur . oi4.gr. For SHPO: Jason Allen Historic Preservation Specialist State Historic Preservation Office Oregon Parks and Recreation Department 725 Summer St NE,Suite C Salem,OR 97301-1266 Phone(503)986-0579 Fax(503)986-0793 } Email: Jason ,list:r' tate-nr• th MOA#R14MA13733 Page 6 S. General Provisions a.Reclamation's responsibility for ensuring completion of consultation with SHPO for future undertakings identified in Section 333.is limited only to those that qualify as Federal undertakings. Projects identified in Section 3.B.that do not qualify as Federal undertakings are subject to review by the SHPO under ORS 358.653,and the responsibility for consultation and completion will rest with the District, b.Completion of the mitigation stipulations will be considered to satisfy the requirements for mitigation of adverse effects for a previous undertaking(Pilot Butte Canal Juniper Ridge Piping Project Phase 2'SEPO Casey 10-1873l)that has not yet been mitigated as of the date of the final signature on this MOA. c.This MOA is neither a fiscal nor a funds-obligating document for Reclamation. Any endeavor or transfer of anything of value involving reimbursement or contribution of funds between the parties of this MOA will he handled in accordance with applicable laws,regulations,and procedures including those for Government procurement and printing. Such endeavors will be outlined in separate agreements That shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority. This MOA does not provide such authority. d. Nothing herein shall be construed to obligate Reclamation to expend or involve the United States of America in any contract or other obligation for the future payment of money in excess of appropriations authorized by law and administratively allocated for the purposes and projects contemplated hereunder. e. No member of or delegate to Congress,or resident Commissioner,shall be admitted to any share or part of the MOA or to any benefit that may arise out of it. f. Any information furnished to Reclamation,under this MOA,is subject to the Freedom of Information Act(5 U.S.C.552). g. All parties to this MOA agree to comply with all Federal statutes relating to nondiscrimination, including but not limited to:Title VII of the Civil Rights Act of 1964,as amended,which prohibits discrimination on the basis of race,color,religion,sex,or national origin;Title IX of the Education amendments of 1972,as amended,which prohibits discrimination on the basis of sex;the Rehabilitation Act of 1973,. as amended,and the Americans with Disabilities Act of 1990,. as amended, which prohibit discrimination on the basis of disability;the Age Discrimination in Employment Act of 1967,as amended,which prohibits discrimination based on age against those who are at least 40 years a. of age;and the Equal Pay Act of 1963. 9. Signatures Reclamation,SHPO and the District will abide by the terms and provisions expressed or referenced herein, BUREAU OF RECLAMATION � by , DATE. Z j I Z I 14 Gerry]K.elso,Manager Columbia-Cascades Area Office MOA#R14MA13733 Page 7 OREGON STATE HISTORIC PRESERVATION OFFICE / BY { d DATE: Roger Roper / _Deputy State Historic Preservation Officer CENTRAL OREG.• ,,IRRIGATION DISTRICT BY • DATE: #( 1�-sd � r son: w W`? -Manager —End of Document { M0A#R14MA13733 _,. ... page 8 ICF Memorandum Date: April 29,2014 To: jenny Hartzell-Hill,Administrative Assistant Central Oregon Irrigation District 1055 SW Lake Court Redmond,Oregon 97756 Cr: Laura Wollam,Central Oregon Irrigation District From: Christopher Hetzel Subject: COID Cultural Resources Survey Progress Update Per your request,the following Is a status update on our progress in completing the cultural resources survey for the Central Oregon Irrigation District.I have broken out the activities by task.Please feel free to contact me,should you have any questions. Activities Completed to Date By Task: Task 1:Project Startup/Kick-off Meeting • Completed:ICF participated in a project kickoff meeting in Redmond with COID staff and Chris Hartig-Jones of the USBR on January 24,2014.The project scope of work was confirmed, logistics discussed,and a tentative schedule established for the completion of fieldwork. Task 2:Background Research • In progress:ICF has collected copies of primary and secondary source information from available online sources and COID's historical archive.The latter has included a review of COID's indexes and map collections.Copies of several historical reports,maps,and other materials were obtained during a research visit on February 28,2014.Additional research is anticipated. Task 3:Historic Map Analysis • In progress:ICE has georeferenced several historic maps obtained from COID's historical archive and imported the map data into GIS.Analysis of the map data has not yet occurred.The georeferencing of other historic maps is anticipated. Task 4:Fieldwork • Completed:ICE has substantially completed a field survey of the entire COID irrigation system, using GIS data provided by COIL).The field survey was carried out by ICF staff during three 710 Second Avenue.Suite 550 Seattle,WA 9810 — 206,801.2800 •••— 206.801.2899 fax . --- icfi,[pm t COID Cultural Resources Survey Progress Update April 29,2014 Page 2 of 3 survey rotations.These rotations occurred on February 24-28,March 10-14,and March 31-April 4.Over 4,000 features were recorded,including the system's canals,laterals,and assets (headgates,checks,weirs,etc.).Information on the location,design,and integrity of these features was collected,and photographs obtained of each.Additional documentation of some features missed during the fieldwork is anticipated,following data analysis. • In progress:Analysis of the field survey data to verify and/or assign construction dates,confirm integrity,and provide NRHP eligibility recommendations. • Not started:Entering the field survey data into the Oregon Historic Sites Database. Task 5:G1S-Based Irrigation District Map: • In progress:The field survey data was collected and inputted directly into GIS during the field survey.ICF is in the process of cleaning and analyzing this information.The collected data has been normalized and used to populate a geodatabase,which can be viewed in GIS and exported to Google Earth,Microsoft Access,Excel,or another database format Field photographs have been linked to the individual records for each recorded resource. Task 6:Multiple Property Document • Not started:Work on this task is anticipated following the completion of Tasks 2.0,3.0,and 4.0. Task 7:Agreement Document • In progress:ICF has assisted COID,as needed,with the review of the Memorandum of Agreement for the project.Further assistance in the preparation of a Programmatic Agreement is anticipated. Task 8:Project Management • In progress:ICF will carry out administrative and project management activities throughout the duration of the project Issues Encountered: ICE has encountered no issues to date in carrying out this project Anticipated Activities: As referred to above,ICF will commence or continue to work on the following activities: • Conduct one additional research visit to Oregon,following the further analysis of research and field survey data collected to date. • Georeference additional historic maps obtained from COID,to inform the analysis of the field survey data. • Carry out any additional field recordation that is needed,following the analysis of the field survey data. t(f 1 COD Cultural Resources Survey Progress Update April 29,2014 Page 3 of 3 • Analyze the field survey data to verify and/or assign construction dates,confirm integrity,and provide NRHP eligibility recommendations. • Enter the field survey data into the Oregon Historic Sites Database. • Populate the GIS data with the results of the research and analysis. • Draft the Multiple Property Document • Assist COID,as needed,with preparation of a Programmatic Agreement.