Another significant setback for Thornburgh Resort
Land Use Board of Appeals determines thornburgh Resort unable to demonstrate “no net loss of Fish or wildlife resources"
What’s a Fish & Wildlife Mitigation Plan?
The Deschutes County code, DCC 18.113.070(D), requires that "any negative impact on fish and wildlife resources will be completely mitigated so that there is no net loss or net degradation of the resource.“ A FWMP is the resort’s attempt to comply with this law and demonstrate that there will be no net loss of fish or wildlife resources from groundwater withdrawals by the resort.
LandWatch, alongside co-petitioners Annunziata Gould, Tom Bishop, Judge Paul Lipscomb, and the Confederated Tribes of Warm Springs, prevailed at Oregon’s Land Use Board of Appeal in appeals of Deschutes County’s decision to approve Thornburgh Resort’s Fish and Wildlife Mitigation Plan (FWMP).
On January 12, LUBA agreed with LandWatch and co-petitioners that Thornburgh Resort’s FWMP failed to demonstrate there would be “no net loss of fish or wildlife resources” from groundwater withdrawals by the resort. Thornburgh proposes to withdraw up to 6 million gallons of water per day.
LUBA remanded the decision back to the County, where Thornburgh must show the reporting requirements in the 2022 FWMP are sufficient to demonstrate no net loss of fish and wildlife. However, the resort has continually failed to demonstrate it has a current, approved, and permanent water source to mitigate the negative effects of groundwater withdrawals on fish and wildlife habitat in the Upper Deschutes Basin.
This is another significant setback for the beleaguered resort.
LandWatch is gratified that LUBA agreed with opponents that the resort has not proven it has the water to mitigate for effects on fish and wildlife resources. LandWatch remains fully committed to fighting for fish, wildlife, and water resources in the Deschutes Basin, as well for the treaty-protected rights of our co-petitioners, the Confederated Tribes of Warm Springs.
FEBRUARY 29, 2024 UPDATE:
LandWatch, The Confederated Tribes of the Warm Springs, Annuziata Gould, Paul Lipscomb, and Tom Bishop all appealed parts of LUBA’s opinion to the Court of Appeals. The applicant filed a cross-appeal in the case. LandWatch appealed the issue of whether Thornburgh has water available to supply a destination resort, and the requirement for Oregon Department of Fish and Wildlife approval of the proposed mitigation plan. Those appeals were submitted to the Court on February 23, 2024.
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