February 27, 2019

In 1972 the United States Army Corps of Engineers (USACE) contracted with the people of the State of Oregon to mitigate the loss of Spring Chinook habitat due to the Lost Creek Dam project by constructing the Cole River Hatchery. Part of that contract mandated 13,020 Spring Chinook adults, per year, return to the Cole M. Rivers Hatchery. The contract specified the Oregon Department of Fish and Wildlife (ODFW) was to achieve those mitigation results for the blocked habitat. Curry County alleges, and ODFW has agreed, that ODFW failed to meet the mandated mitigation numbers.

The negative impact to the health and sustainability of this historically important regional fish population and fishery has been significant, and, to date restoration and mitigation efforts have shown to be vastly insufficient and rely on harvest curtailments, not habitat or mitigation needs. It is estimated the failure to fulfill the contractual obligations has resulted in approximately an annual $15 million in lost economic opportunity and $260 million dollars over the last 20 years. (See Exhibit A)

The Curry County Board of Commissioners, and the Josephine County Board of Commissioners, issue this Statement of No Confidence in the Army Corps of Engineers and Oregon Department of Fish and Wildlife to fulfill their contractual obligations to mitigate impacts of the Lost Creek Dam Project. The counties demand contractual obligations be satisfied, specifically:

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May 3, 2019

Commissioners and other Interested Parties today I received an email forwarded from Jackson County Commissioner and BOC Chair Bob Strosser after Jackson County Commissioners met with Corps of Engineers staff and ODFW. To be sure we are on same page I will include comments made from this meeting and email.

From: Bob Strosser [mailto:StrossRJ@jacksoncounty.org]
Sent: Thursday, May 2, 2019 4:26 PM
To: Chris Paasch
Cc: Rick Dyer; Colleen Roberts
Subject: HB 2379 Corp of Engineers – restoration

Hi Chris,

Sorry for the delay . . . It took us a bit to do our homework on this issue and arrange to talk with some of the entities! We discussed the letter of no confidence and view that action as one not to be taken lightly. In view of your request, we reached out to the Army Corp. of Engineers, ODF&W. We were trying to determine what the requirements of the hatchery were and why the diminished fish count related to the hatchery condition and production. They flew down from Portland to speak with us and expressed that they were sincerely working on the issue and firmly questioned the number of mitigation fish cited (See below). We found their conversation candid and given a bit further research, insightful as to what they were trying to do and what they were required to do. One of their comments is that they are looking for funding to deal with the hatchery and also to replace the gravel spawning beds below the hatchery. While seated at the table together, ODF&W did not dispute their explanations of the facts.

We applaud the good work and reason for the request of a “No confidence” comment as well as the request for $5,000 in support. We are uncomfortable doing either after listening to their answers and careful consideration.

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