For the first time in over two decades, the Oregon Department of Environmental Quality (DEQ) is updating water quality rules to protect aquatic life in Oregon. Based on the draft rules, DRA is concerned that some water quality standards will be relaxed and these changes are not based on available data. On May 4, the public comment period opened and supporters of the lower Deschutes River need to make their voices heard in order to get the best possible standards and protect the aquatic life in the lower Deschutes. All comments are due by 5pm June 23.
How to make your voice heard:
Submit public comments – DRA has a list of concerns based on these draft rules. This newsletter contains an insert with DRA’s specific concerns. You can fill out the insert and mail it to DEQ to register your comments. You can also submit comments via email to aquaticlife.2022@deq.oregon.gov
Attend the public hearing on Tuesday June 6 at 4 p.m. The hearing will be held virtually. Join online via Zoom
Sign up for DRA’s email blasts. This is the best way to receive updates, reminders and how to attend the meeting and submit comments.
Background
DEQ is responsible for setting and enforcing water quality standards on Oregon waterways. The Aquatic Life Rulemaking standards determine if fish thrive or simply survive.
Our waterways are at continued risk due to climate change and increasing water demand. It is critical that standards are optimal for fish and other aquatic life to thrive, because once these standards are set they will directly affect how water quality permits are written and enforced, and determine which streams in Oregon are identified as impaired and require in-depth water quality studies to protect them.
As part of the rulemaking process, the maps that detail where and when water quality standards apply will also be updated for the first time in 20 years. This update is important because, improved fish passage, the reintroduction of native species, updates on when and where fish species are distributed, and improved mapping technology and climate change have occurred.
How rules are applied
DEQ applies rules and standards to waterways depending on defined aquatic life use of the water and waterway. As an example, DEQ applies standards (i.e. temperature, pH levels, etc) to stream areas identified by the species use such as spawning and juvenile-rearing habitat or cold water habitat. If one of those uses required a stricter water quality standard, like spawning, the more protective standard becomes the benchmark for the standard used for that area.
DEQ can also decide to change the standards if they determine the use has changed or is no longer exists. Such rule changes can cause a decline in water quality and damage to the most vulnerable species or use. These types of decisions are part of the rulemaking process and it is crucial to let DEQ know aquatic life requires the highest water quality standards possible and, more importantly, the rigorous enforcement of those standards.
The proposed rules will relax the standard for pH in the Crooked River subbasin and Trout Creek from 8.5 to 9.0. Enforcement of the 9.0 standard will rely on an ambient monitoring program which is an insufficient monitoring program. Raising the upper threshold to 9.0 eliminates any likely protection from anthropogenic nutrient enrichment. Until an adequate sampling program can be implemented the standard should remain at 8.5, and even then, serious pH violations – and water quality degradation – may well go undocumented. In addition allowing water quality in the Crooked River and Trout Creek to further degrade will also harm water quality in the lower Deschutes River.
DEQ is also proposing that the spawning criteria for dissolved oxygen and temperature end May 15, and June 15 in waters designated as “Salmon and Trout Rearing & Migration” and “Core Cold Water Habitat” respectively. This is at odds with well documented studies and knowledge of trout spawning in a number of streams in Oregon, including the lower Deschutes and McKenzie rivers. Clearly the one size fits all end date for trout spawning is an attempt by DEQ to make management of the DO standard simpler; it clearly will not provide better protection for spawning trout throughout Oregon.
The DRA encourages you to voice your opinion during this unique and critical opportunity to protect our waterways and the aquatic life that depends upon them.
deschutesriveralliance 