Since 2013, the East Valley Water District had been attempting to begin construction on a 70-foot dam on Drift Creek near Silverton, which would cost an estimated $84 million.
A permit for the dam was approved in 2013, siting the dire need for more irrigation sources in the area, but was challenged by those living in the affected area. They brought forth concerns about negative environmental impacts, particularly the effect on native fish populations like trout.
Since then, the Oregon Water Resources Department (OWRD) Commission has denied rights for a permit, using the In-Stream Water Rights Act as reference. The Act is a state law that aims to protect stream flows by establishing legal rights to keep specific quantities of water. The East Valley Water District argued via their attorney that the purpose of the legislature's law is only to make sure the stream maintains a certain quantity of water overall, and that the Act only covers the quantity of water in the stream, not other impacts. On the other hand, the attorney for OWRD said approving the application for the dam would destroy their Senior water rights and be unprecedented.
On Thursday November 7th, there was a hearing at the Oregon Court of Appeals, where construction of the dam was once again blocked. Who has the right to the water in Drift Creek? We will find out when the Oregon Supreme Court makes it's final ruling; the date for the ruling is not yet set.
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