Kotek and Conservation Groups Want DEQ to Address Deschutes River Water Quality

As the Oregon Journalism Project has reported, Portland General Electric and its partner in the Pelton Round Butte Dam complex, the Confederated Tribes of the Warm Springs, installed a selective water withdrawal tower in Lake Billy Chinook in 2009.

Their goal in installing the device was to restore upstream fish passage blocked by the dams by altering the mix of cold bottom water and warmer water from the top of the reservoir. They also hoped to restore the water in the lower Deschutes to pre-dam conditions.

But the fish have not returned as PGE and the tribe hoped, and conservation groups have increasingly reported that the tower has resulted in warmer, unhealthy waters in the 100 miles of the river below the dams, imperiling a beloved and economically significant recreational fishery.

In a Feb. 21 letter to the Environmental Quality Commission, which oversees the Oregon Department of Environmental Quality, the 350,000-member conservation group Trout Unlimited urged the agency to focus on a document called a 401 certification, which establishes environmental standards for projects, such as the Pelton Round Butte complex, that affect bodies of water.

Critics say that since PGE and the Warm Springs installed the selective water withdrawal tower, key indicators such as pH, water temperature and dissolved oxygen levels have all worsened and regularly fail to meet the standards that conservation groups believe should apply. PGE and the Warm Springs Tribe disagree.

In its letter, Trout Unlimited noted the fish returns have been “an order of magnitude or more” lower than PGE and the Warm Springs Tribe hoped and that, in addition to the measures of water quality, a pathogen deadly to spring Chinook has been found above safe levels. Those fish are a key species in the Deschutes.

“Trout Unlimited is concerned about these water quality and pathogen issues in the lower Deschutes River, as well as the mostly poor metrics of the fish reintroduction effort,” the group wrote to the EQC.

Then, on Feb. 25, six conservation groups wrote to Kotek urging her to press DEQ on the dams’ 401 certification.

The import of the letter lies in part in the number and weight of the signatories. Both PGE and the Warm Springs Tribe have suggested the complaints about the lower Deschutes are coming from just one group: the Deschutes River Alliance.

But in their Feb. 25 letter, the Center for Biological Diversity, Native Fish Society, Northwest Steelheaders, Sierra Club of Oregon, and Wild Steelhead Coalition all joined the DRA in expressing concerns about the river and urging Kotek to press DEQ to do something about the deteriorating conditions of the Deschutes.

“It is imperative that new, permanent section 401 water quality certifications be developed for the Pelton Round Butte Project,“ the six groups wrote.

“The Oregon Department of Environmental Quality (DEQ) has already delayed this process for over five years. We respectfully request that the Governor’s office direct DEQ to ensure new 401 water quality certifications are in place and enforced by 2026.”

Anca Matica, a spokeswoman for Kotek, says the governor will consider the new inputs. But it turns out, unbeknownst to the groups asking Kotek to come to the Deschutes’ aid, that the governor’s natural resources adviser, Geoff Huntington, already put DEQ on notice in a Feb. 5 letter that the governor wants improvement.

“We are asking [DEQ] for a renewed examination of all available options for meeting Deschutes water quality standards and the Pelton Round Butte fish passage objectives,” Huntington wrote to agency director Leah Felton.

“Given DEQ’s statutory charge and standing as a member of the Pelton Round Butte Fish Committee, it is only appropriate that your team facilitate and lead in the exploration of creative and dynamic solutions to the Basin’s water quality challenges.”

Huntington urged DEQ to consult with PGE and the Warm Springs Tribe. He also asked the agency to listen to others engaged in advocating for the river’s health.

“I also encourage you to ensure your evaluation includes a process that is both transparent and interactive with the many citizen groups and individual Oregonians who cherish one of Oregon’s most iconic rivers,” he wrote.

PGE spokeswoman Allison Dobscha says the conservation groups are laboring under a “misconception.”

“The Pelton Round Butte project is covered by two active 401 Water Quality certifications — one issued by the Oregon Department of Environmental Quality, and another from the Confederated Tribes of Warm Springs Water Control Board,” Dobscha says in an email. “DEQ cannot unilaterally amend or supersede the CTWS Water Control Board 401 certificate.”

She adds that PGE has worked continuously to adjust dam operations to follow the best available science and notes that this year has seen a record steelhead return.

“PGE and the Confederated Tribes of Warm Springs remain committed to working with our regulators, partners, and all who seek basinwide solutions for the Deschutes,” Dobscha says.

Through the public relations firm Mixte Communications, the Warm Springs Tribe declined to comment on the recent communications about the 401 certification and instead took issue with OJP’s previous reporting.

“The Confederated Tribes of Warm Springs have serious concerns about Oregon Journalism Project’s investigative approach with respect to our sovereignty as co-owners and operators of the Pelton Round Butte Project, including the complexities associated with the operation of the selective withdrawal facility in accordance with applicable federal, state and tribal law,“ the tribe said.

“Until OJP demonstrates a better understanding of our history, our culture and our Treaty-reserved rights, we fear that the information we provide for this story will be ignored and result in a missed opportunity for readers to understand our perspective.”

The next EQC meeting is March 13-14 in Portland.

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This story was produced by the Oregon Journalism Project (oregonjournalismproject.org), a nonprofit investigative newsroom for the state of Oregon.