1. 3494 is bad for the river and bad for business

==> Undermining protections for the amount of water flowing in the Deschutes River is bad for the river and unfair and harmful to the businesses and interests that depend on the river.

Undermining lower Deschutes river flow protection is bad for the river and bad for businesses. The water flowing in this reach of the Deschutes supports hundreds of small businesses, from whitewater rafting guides and fly fishing shops, to hotels, restaurants, and real estate concerns. In addition, a healthy river attracts new residents and businesses by significantly contributing to the region's quality of life. The tourism and recreation generated by the river is one of the cornerstones of Central Oregon's economy. HB 3494 would threaten these important river-related businesses, undermine visionary river protection laws and perpetuate conflict over water in the basin.

2. 3494 is bad for fish and wildlife

==> HB 3494 would allow new groundwater development to further diminish Deschutes River streamflows that the state has determined are needed for fish.

Growth in Central Oregon has increased demand for water. Although developers view ground water as the source to meet these new water demands, the United State Geological Survey (USGS) and the Water Resources Department confirm that groundwater levels and the amount of surface water in rivers are closely connected. In the dry season ground water accounts for approximately 90% of water flowing in the lower Deschutes river. The health of the river depends on groundwater. The science is clear. The USGS confirms that ground water pumping in the upper basin depletes water in the lower Deschutes River. Yet, that is exactly what HB 3494 would allow.

In 1991 the Oregon Water Resources Department (WRD), Parks Department, and Department of Fish and Wildlife established the specific flow levels needed for fish, wildlife, and recreation in the Deschutes Scenic Waterway. The state also established instream water rights to protect flows in the river system for fish and recreational values. According to the WRD these protected flows are already not met nine months of the year.

3. 3494 undermines Oregon's Scenic Waterways Act, passed by citizen initiative

==> HB 3494 undermines the will of the voters by failing to protect streamflows in the Deschutes State Scenic Waterway, which was established pursuant to a citizen initiative.

Passed by citizen initiative in 1970 by a two-to-one margin, the Scenic Waterways Act protects river flows needed for fish, wildlife and recreation in the Deschutes River and other world-class rivers in Oregon. In 1991 the Oregon Water Resources Department (WRD), Parks Department and Department of Fish and Wildlife established the specific flow levels needed for fish, wildlife and recreation in the Deschutes Scenic Waterway. The state also established instream water rights to protect flows in the river system for fish and recreational values. According to the WRD these protected flows are already not met nine months of the year.

4. HB 3494 ensures that growth will happen at the expense of the Deschutes River

==> HB 3494 ensures that growth will come at the expense of the Deschutes River. This is the wrong way to grow our communities.

HB 3494 ensures that future water development will be at the expense of the water needs (as determined by the state's experts) of fish, wildlife and recreation in the lower Deschutes River. There are other solutions for the region's growing water demands that do not put the basin's rivers at risk.

5. 3494 is bad water policy

==> The Court of Appeals found numerous problems with the state's rules for new groundwater pumping in the Deschutes. HB 3494 does nothing to fix these problems, and instead would simply turn these defective rules into law without doing anything positive for the Deschutes River.

HB 3494 does nothing to address the multiple defects of the Deschutes Basin ground water mitigation program confirmed by the Oregon Court of Appeals. This program allows new groundwater uses to diminish protected streamflows and fails to eliminate the impact of new groundwater use on these flows.

HB 3494 also sets a dangerous precedent. Section 2(1) of HB 3494 embarks on a slippery slope by permitting junior ground water users to diminish senior surface water rights in the Deschutes Basin. This approach threatens both public instream rights and private surface water rights in the basin and, accordingly, statewide.

6. HB 3494 is unnecessary

==> HB 3494 is unnecessary. Rather than take action that will undermine protected flows unnecessarily, the state should convene Deschutes stakeholders to craft a balanced water management plan that allows growth and provides certainty to agricultural interests while protecting streamflows needed for fish, wildlife and recreational values of the Deschutes River.

The Scenic Waterways Act already contains a mechanism to allow additional ground water uses in the basin as long as those uses will not significantly impair scenic flows. ORS 390.835 (12) and (13). Rather than codify a defective mitigation program, the state should first explore the use of available tools to address water conflicts in the basin.

Rather than rush to judgment with HB 3494, it is time for all stakeholders to craft a water management plan for the basin that will allow new uses of ground water and give greater certainty to agricultural interests while also maintaining and restoring streamflows needed for fish, wildlife and the recreational values in all reaches of the Deschutes River system.