Swing The Fly has obtained copies of communications between the Oregon Department of Fish and Wildlife (ODFW) and Winchester Water Control District (WWCD), the owners and operators of the Winchester Dam on the North Umpqua River, requiring the installation of fish passage due to a laundry list of violations from construction on the 100-plus year old dam occurring during the summer of 2023.
The Notice of Non-Compliance; Proposed In the Matter of Order; and Opportunity for Contested Winchester Water Control District, Case Hearing , dated Sept. 17th, states…
“…non-compliance with Oregon Revised Statutes (ORS) Chapter 509 and Oregon Administrative Rules (OAR) chapter 635, division 412, and the Commission’s proposed order to require installation of fish passage at Winchester Dam consistent with applicable standards (the “Notice”). The proposed actions are taken pursuant to statutory and regulatory provisions including but not limited to ORS Chapter 183, ORS chapter 509, Oregon Administrative Rules (OAR) Chapter 137, Division 3, and Chapter 635, Divisions 1 and 412. If you do not take actions as described herein, the Agency will issue a Final Order by Default.
– Oregon Department of Fish and Wildlife to Winchester Water Control District
The communications, containing a cover letter and formal notice, outline ODFW’s review of the completion report submitted by the WWCD, or its contractor, to the Oregon Water Resources Department in November 2023 for its dam safety repair work undertaken on Winchester dam in August and September of 2023. This report cross-referenced the actual work that was performed by WWCD or its contractors, in comparison to its permits. Based on that review of this report, ODFW found WWCD conducted work that was not disclosed to, or otherwise provided to, the Department for review in the WWCD’s application for temporary blockage of fish passage.
“WWCD carried out additional work to the upstream and top face of the dam that constitutes “construction,” as defined in 635-412-0005(10)(b)(i) and (ii), specifically, work that cumulatively amounted to replacement of 30% by structure volume and work to the upstream or top face of the dam that exceeded 30 percent of that area, respectively. WWCD did not comply with its obligations set forth in ORS 509.585(4) and OAR 635-412-0020(3) that required WWCD to submit a fish passage plan or request an exemption prior to conducting that additional work that constituted “construction” in August and September of 2023. WWCD is, therefore, already subject to an obligation to install fish passage or alternatives to fish passage, and pursuant to ORS 506.625(3)(b)(A), ODFW issues this proposed order to construct fish passage at Winchester dam in accordance with the terms and conditions contained herein.“
Based upon the more than twenty “Statements of Fact” contained within the memo, ODFW proposed a Final Order.
“Pursuant to ORS 509.625(3)(b)(A), WWCD must install fish passage at Winchester dam consistent with the following timeline and applicable criteria set forth in OAR 635-412- 0035(1), (2), (7), and (10) to accommodate passage of the NMF and their corresponding migratory timing identified in Exhibit F (List of Native Migratory Species), except as amended by prior written authorization of ODFW:”
Outlined below was a proposed timeline from engineering, to installation and monitoring of up-to-standards fish passage on Winchester Dam, beginning in as early as Jan. 1, 2025, through 2039.
The Notice of Non-compliance gave the owners of Winchester Dam until Nov 17 to request a hearing, in response to this notice from ODFW.
Jim McCarthy, WaterWatch’s Southern Oregon Program Director, says he welcomes ODFW’s latest action on Winchester Dam and agrees with their assessment that this derelict old structure lacks adequate fish passage.
“It is clear from ODFW’s written assessment that this dam harms fish. It is also is important to keep in mind that the dam owners have decided to fight ODFW and delay progress on this rather that do what is best for salmon and steelhead in the North Umpqua,” McCarthy said. “We will have a court proceeding next before anything else happens. It is also important to keep in mind that the dam owners almost certainly cannot afford to pay the tens of millions of dollars it will cost to bring an 1890s dam up to 2024 fish passage standards. WaterWatch’s offer to the owners still stands to remove the dam at little to no direct cost to them. Dam removal is the best option for the river and its fish runs, and the best option for the communities that depend on the North Umpqua.”
Swing The Fly will continue to monitor this developing story.
Winchester Water Control District did not respond to multiple requests for comment*
