The Public Deserves Transparency on Water
An Update on Tuesday's Land Use Hearing
A mountain biker looks over the river at the Cline Buttes Recreation Area near proposed development. Photo: Bureau of Land Management
Last Tuesday night, we tuned into the remand hearing at Deschutes County over Thornburgh Resort, proposed for development on Cline Butte between Redmond and Bend.
We called on you to show up, and you did! We saw the community rally together, sharing information, showing up to testify during the hearing, and submitting dozens of comments. We heard the concern for water use in Central Oregon’s high desert loud and clear.
While we await the final decision, we’ve got some good news.
The County questioned whether anyone could participate in the case, intimating that only people with previous standing could provide input. LandWatch challenged the County’s stance, and even the resort developer did not object to public participation.
During Tuesday’s hearing, all public comment was allowed to be given related to the issue of water use. What’s more, the public comment period remains open until next Tuesday, August 31.
If you’ve already commented, we thank you! You have helped show Central Oregonians are demanding accountability for water use.
For the next week, we’ve got more work to do. Help us amplify this message and get the public to weigh in!
The Backstory
LandWatch has been working for nearly a decade to ensure the County complies with land use and water laws in reviewing proposals for Thornburgh Resort. Learn more about the resort.
This most recent issue relates to Thornburgh Resort’s proposed use of water. Deschutes County approved an initial application in 2018, and that decision was appealed to the Land Use Board of Appeals (LUBA). LUBA remanded the County’s decision, meaning the case was sent back to the County for a second look. That hearing took place Tuesday night as the County revisits its previous decision. The County must decide whether the mitigation plan proposed by the resort is an adequate plan to account for the massive amounts of water that the resort could use.
The Issue
Photo: Bureau of Land Management
We know that Thornburgh Resort proposes to use millions of gallons of water every day at a maximum daily rate. That water will be withdrawn from the underlying aquifer. It has been proven that the enormous withdrawal will adversely affect Whychus Creek and the Deschutes River.
But the central legal issue here isn’t about the amount of water. Rather, it is focused on whether Thornburgh Resort has mitigation water to offset any negative impacts from their water usage.
Here is where we have a chance to make a difference. To withdraw water from the aquifer, Thornburgh Resort must demonstrate that it has mitigation water to offset any negative impacts to surrounding rivers and streams. In an initial application, Thornburgh Resort identified what those cold-water sources would be. That application was approved.
But something changed. The mitigation water the resort promised may no longer be available. The resort says they have it, but they won’t show anyone. We believe the public has a right to water transparency and that the County should no longer allow this “secret agreement” to fly.
Here is the key message we need to share with Deschutes County.
The public has a right to know where mitigation water is coming from and if it sufficiently protects surrounding rivers and streams.
Deschutes County should not allow for any further development of Thornburgh Resort until the resort demonstrates it complies with the county code requirements for full mitigation of the effects on fish and wildlife. If the water sources have changed, the public has a right to participate in the process of determining whether the new source meets the standards that require full mitigation of the effects on fish and wildlife.
Click here to view ideas and key issues for talking points.
Take Action!
Our land use system relies on public participation, and now is the time.
Submit written remarks: Anyone can submit a written comment until 5:00 p.m. on Tuesday, August 31. (We suggest getting them in by 4:30 p.m. to leave room for error.) In written comments, be sure and include “Public comment regarding Remand Hearing for LUBA No, 2018-140.”
Email comments to Senior Planner William Groves at william.groves@deschutes.org.
Drop off written comments in person. Deschutes County accepts all printed documents, dropped off at 1300 NW Wall Street.
Get into the case.
If you are interested in learning more, you can view the key case documents and any submitted testimony. You can access the case record at the link below. Click the Planning tab and search by the record number 247-21-000731-A.
Tip: From the drop-down menu labeled “Record Info/Schedule Inspections,” click “Attachments” to find a list of documents related to the case. You can click through to see the submitted testimony and related documents currently on the case record.
Stay in the know.
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