DEQ Kicks Water Quality Down the River - Yet Again
Oregon Department of Environmental Quality DEQ has postponed the public comment period on Aquatic Life Rulemaking again.
The comment period was scheduled to open in late 2022, and then rescheduled for late February 2023 and now, in March, we are still waiting for the comment period to open.
The good news is that as a member of the rules advisory committee the Deschutes River Alliance will know when the comment periods actually opens, which is expected to occur sometime in the coming months.
The bad news is that these delays mean that inadequate water quality in the lower Deschutes River will continue, without any consequences, for the foreseeable future.
Therefore, it is critical that you follow our Facebook and Instagram social media channels or sign up for our emails so when the public comment period finally opens, you can take advantage of the opportunity to be a voice for the aquatic life of Oregon.
Background
DEQ is responsible for setting and enforcing water quality standards on Oregon waterways and the Aquatic Life Rulemaking standards determine if fish, and other aquatic life, thrive or simply survive.
Because our waterways are at continued risk due to climate change and increasing water demand from people and agriculture, it is critical the standards are optimal for fish, and other aquatic life, to thrive because once these standards are set, they are enforced by DEQ and governed by the national Clean Water Act.
As part of this rulemaking process, the maps detailing where and when water quality standards apply, will also be updated for the first time in 20 years. During those two decades, we have seen improved fish passage, the reintroduction of native species, updates on when and where fish species are distributed, and improved mapping technology, as well as the negative effects of climate change.
The Deschutes River Alliance has closely monitored rulemaking process regarding aquatic life and, as a member of the rules advisory committee since 2022, we have advocated for strict water quality standards for the lower Deschutes River, as well as for all of Oregon’s bodies of water.
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 specie use such as spawning and juvenile-rearing habitat or cold water habitat. If one of those uses required a higher water quality standard, like spawning, the higher 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 necessary. Such 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 why it is crucial to let DEQ know aquatic life requires the highest water quality standards possible and the enforcement of those standards.
Delays put aquatic life at risk
This rulemaking process may take more than a year to finish – pushing the updates into 2024. DEQ’s and EQC’s inaction ensures at least another year of biologically inadequate oxygen levels for spawning and incubating redband trout, with no guarantee that it won’t extend multiple more years.
Again, please follow our Facebook and Instagram social media channels or sign up for our emails so you know when the public comment people will actually open. Based on the initial draft rules shared with the advisory committee, DRA identified several key points that need correcting. These delays could be addressing one or more of those issues but vigilance is important during this process and we cannot allow DEQ to relax water quality standards in the state of Oregon.
Related advocacy by the DRA
In the fall of 2021, the Environmental Quality Commission (EQC), voted to not formally hear our petition on inadequate dissolved oxygen levels in the lower Deschutes River. They decide instead to delay action until water quality standards are updated via this rulemaking process.
Following the October hearing, DEQ asked the DRA to be a member of a Rules Advisory Committee. As part of this Committee, DRA will help review updates to Oregon’s water quality standards. The Committee will address the same dissolved oxygen issue that we have been raising, among many other topics. This gives the DRA a seat at the table to help ensure that any changes to water quality standards will benefit, and not further harm, aquatic life.
In April 2022, the EQC hosted a long discussion on the status of water quality and fisheries conditions in the Deschutes River Basin. Again, they delayed action until after the water quality standards are updated.
Deschutes River Alliance: Cooler, cleaner H2O for the lower Deschutes River.
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