From another site. What is the law in Washington?: Steelheader.net- Steelhead, Salmon and trout fishing

http://www.ifish.net/board/showthread.php?p=2633159#post2633159

I live along Beavercreek. This Beavercreek that empties into the Willamette River above the falls in the area of New Era.

There has been a dam of one sort or another there since 1868, a flour mill at one time and since 1968 or so a large concrete dam for recreation purposes, shooting ducks and geese. The lake was 5-6 acres in size and called Sevcik Pond..

This last December it rained 5-6 inches in one day. The water flowing in the creek was huge. The rush of water washed away fill that existed at the north end of the substantial concrete dam. The flow of the creeks rerouted and the watersheds of Parrot Creek and Beavercreek are now free flowing into the Willamette River once again.

There are cutthroat trout that I can catch at will, multi-generations, a range of sizes, always has been, although they were dam locked. This is evidence that the watershed has the capability to also provide a habitat that salmon and steelhead could spawn and reproduce.

This time of year, those who have irrigation rights on these creeks use lots of water. I had concern about the level falling to a critical level. I contacted the water master for the area to inquire.

Turns out, Oregon law states that the water in these creeks belongs to the people. Those who have water rights can suck the creeks dry. There is no minimum flow requirements, no regard for the fish that live in these creeks, no regard for any of the other species who’s lives depend on a steady flow of water.

Yes, sea lions and dams on the major rivers are a problem. But this management practice and Oregon water laws have a far larger impact. This is one small watershed, there are many hundreds just like this in the Willamette basin. Oregon law proclaims that the water belongs to the people, yet those who have water rights can suck the creek dry.

As gill nets need to removed, Oregon water management laws need to change. Both are going to be a difficult practice to change because of the money that will flow to keep things the same.

So we a need to shout to the people who make the laws or become one of them and start repairing the mess that has been created in the past.

Here’s the direct quote from the water master responsible for this area.

“Unfortunately, there is no existing Instream Water Rights (ISWR) on Beaver Creek or tributaries to Beaver Creek. This means minimum flows are not protectable. ODFW, OPRD, ODEQ would have to apply for a new ISWR or an existing water right would have to be transferred instream.

I am not aware of any court precedence that would allow minimum flow enforcement without an existing water right.

By Oregon law, if everybody is complying with their water rights and there is no illegal use, the creek can be dried up.

There are approximately 180 water rights on Beaver Creek and tributaries to Beaver Creek. I would be happy to investigate suspected illegal use, but I can not enforce or establish minimum flows in the absence of an in stream water right.”

Pretty amazing isn’t it? They are willing to investigate illegal use, but in the end when those who have water rights can suck the creek dry, what does it really matter who sucks the creek dry?

Can you just imagine how good the fishing could be with proper watershed management?

Anyone want to help fix this mess?

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