Clean Water Act mandates pollution control targets

By Randy Parks
Burns Times-Herald

After about four years of testing and research, the Oregon Department of Environmental Quality (DEQ) has come up with a plan for reducing water pollution in the Malheur River Basin and Middle Snake-Payette Sub-basin.

John Dadoly from the DEQ in Pendleton attended the Harney County Court meeting on Wednesday, July 7, to discuss the plan with the court and answer questions.

The federal Clean Water Act requires DEQ to develop a plan with goals and pollution control targets for improving water quality in watersheds where water quality standards are not met. Dadoly explained that the standards are set by establishing limits known as Total Maximum Daily Loads (TMDLs) for each pollutant entering the water.

Dadoly discussed how TMDLs of temperature, bacteria and phosphorus can affect water quality and what steps can be taken to reduce TMDLs.

When asked about how the DEQ would go about enforcing measures to improve water quality, Dadoly said it was a voluntary basis for now, and any regulatory action would have to come from the Oregon Department of Agriculture.

The court asked how different conditions, such as drought, extended high temperatures and hot springs, might affect the water quality.

The court also had concerns that once the plan had been adopted, the intent of the plan might be twisted by environmental groups to curb agriculture in some areas.

The court did want to submit comments on the plan and agreed they would get something drafted to submit before the plan is approved.

Malheur National Forest District Ranger Elaine Kohrman and Drewsey rancher Jeff Hussey were present to ask the court for assistance in monitoring grazing allotments in the Malheur Forest.

Both Kohrman and Hussey said the monitoring was key to withstanding a lawsuit by the Oregon Natural Desert Association (ONDA) against the grazing permittees.

Kohrman said staff had been cut this year, and they were asking for funds to help pay for monitoring. “We need to have five years of data to show the court things are improving on the ground,” Kohrman said.

Hussey stated that he wanted to get people from ONDA, as well as experts out to the sites to show them the improvements resulting from what the ranchers are doing.

Kohrman added that the merits of their case would be  decided on this year’s results.

Kohrman said they were asking for $5,000 split between Harney and Grant counties.

Harney County Judge Steve Grasty said his concern was that if they let the monitoring go away, there could be three more area ranchers facing court challenges.

“We’d not only be helping these guys out, but helping the industry,” Commissioner Dan Nichols said. “We need to continue to help our resources.”

The court voted to donate $2,500 to be used for the ranchers’ monitoring.

The court discussed Resolution No. 2010-14 regarding the sale of county land by private sale.

The sale would involve two small tax lots in the North Broadway area which border private property. Judge Grasty said if they used lot-line adjustments, they could sell off the land to the contiguous landowners.

The court approved the resolution and said they would contact the landowners to see if they could work out the private sale.

In other business, the court:

• appointed John Copenhaver and Virginia Tabor to the Harney County Commission on Children and Families and approved the commission’s by-laws;

• approved the application from Richard and Marilyn Musser for an approach off Sunset Valley Lane;

• held a discussion regarding the possibility of Oregon State University (OSU) restructuring Extension services. Grasty said it would appear that the new OSU president is moving away from some of the school’s rural focus, and there was the possibility that OSU would ask experiment stations to come up with 25 percent of their funding locally. “Once again, it’s urban versus rural,” Grasty said.

“This is a joke if they think rural areas are going to come up with 25 percent of funding,” Commissioner Nichols said;

• reviewed a draft of a resolution requesting Oregon’s Congressional delegation to stop any and all action on new wilderness until such time as the issues associated with proximity to wilderness are resolved. The court agreed to move the legislative concept ahead.

The next county court meeting will be held at 10 a.m. Wednesday, July 21, at the courthouse.