2017-036-Order No. 2017-036 Recorded 10/20/2017E . IEWED
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LEGAL COUNSEL
Recorded in Deschutes County CJ2017-740
Nancy Blankenship, County Clerk
Commissioners' Journal 10/20/2017 11:44:46 AM
2017-740
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Allowing a Hearings Officer to
Consider New Evidence Relevant to LUBA No.
2015-107 and File No. 247-17-000761-A
ORDER NO. 2017-036
WHEREAS, the Land Use Board of Appeals ("LUBA") issued a final opinion and order, LUBA No.
2015-017, remanding Thornburgh Destination Resort ("Thornburgh") Final Master Plan ("FMP'); and
WHEREAS, LUBA issued a remand for a Hearings Officer's failure to consider relevant evidence in the
original FMP record, misunderstanding the question to be resolved on remand, and refusing to consider new
evidence related to Lower Whychus Creek; and
WHEREAS, Kameron DeLashmutt, the applicant, initiated the LUBA remand in File No. 247-17-
000761-A;and
WHEREAS, Section 22.34.040(A) of the Deschutes County Code allows the Board of County
Commissioners (`Board") discretion to reopen the record in instances in which it deems to be appropriate; and
WHEREAS, LUBA has directed the County to answer the following question on remand: JW]hether
the increased water usage of Thornburgh Resort during the summer months will result in a violation of the no
net loss/degradation standard in Lower Whychus Creek below Alder Springs, or be fully mitigated by the 106 -
acre feet of additional in -stream flow." Central Land and Cattle Co. v. Deschutes County, Or LUBA (LUBA
No. 2015-107, 9/23/2016) at lines 4-8, page 23 of LUBA's slip opinion.
WHEREAS, the Board wishes to allow the parties to present new evidence related to question on
remand set out above; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The Board hereby reopens the record of the Thornburgh FMP application to allow parties to
submit and its hearings officer to consider new evidence related to the issue whether the increased water usage
of Thornburgh Resort during the summer months will result in a violation of the no net loss/degradation
standard in Lower Whychus Creek below Alder Springs, or be fully mitigated by the 106 acre-feet of additional
in -stream flow.
Section 2. The hearings officer on remand shall not accept new evidence on any other issues unless
allowed by DCC 22.34.040(C).
PAGE l or 2 - ORDER No. 2017- 036
Dated this of 6 c , 2017
ATTES
ecor ing Secretary
PAGE 2 or 2 - ORDER No. 2017- 036
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
PHILIP G. HETERSON, ommissioner