Category Archives: Rulings

Discussion of misc rulings that impact lake use

Lincoln City Water Tradeoff

Newport News Times
By: Terry Dillman

City officials OK change of source for golf course

Lincoln City Council members unanimously agreed to a change of water source for the Chinook Winds Casino Resort Golf Course during Monday night’s council session that would provide water more conducive to growing grass on the greens, while reducing demand on the city’s water system during a peak time.

City Manager David Hawker recommended signing an agreement with the Siletz Tribe that would exchange treated water currently piped to the golf course from the city’s treatment facility for untreated water drawn from Devils Lake near the course, using the city’s Rock Creek water right. Hawker said the current arrangement – carried out under a 1991 agreement with the owners of what was then known as Lakeside Golf Course – “is not an ideal situation for either the golf course or the city.” Continue reading

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Filed under City, Lake Level, Lakeside, Rulings, Septic

Lake Level – DLWID Perspective

By now you should be aware that changes to the summer time lake level are once again on the DLWID Board agenda.  We feel it is important to understand the Districts perspective on this matter and we are fortunate that our Lake Manager wrote extensively on the subject in the Managers Report.  It is unusual for us to post such a large excerpt; normally we would simply provide a link.  In order for there to be no misunderstanding or re-interpretation we included the text from the report pertaining to lake level in its entirety. We do feel compelled to note that in the fact checks and clarification section the report mentions some inaccurate statements made by a blog.  This was not as we have not yet reported on the water rights issue.  We’re still checking our facts; we do make mistakes but not this time.

Except from Devils Lake Manager Report 2010-06-03

Lake Level: Potential operational changes to the dam are being discussed at this meeting as additional information about lake level has been presented that represent that much less recreational water use benefit (e.g. deeper water at docks and shorelines) may be apparent at 9.53’ than assumed. Meanwhile many of the 22 property owners, that petitioned the District in 2009 for a lake level of 9.0 feet may be being impacted without substantial benefit to other lake users as previously assumed. Copies of that petition and subsequent flier distributed by an equally concerned homeowner opposing any change in the water level are available as reference items on our website. Working through these seemingly conflicting interests is thus to be addressed at the District’s next meeting. Public input will be afforded, but please limit your input to a concise statement at the beginning of the process, reserving additional comments should you have them for the end of the meeting.

Current Status: Currently (2010-05-27) the lake is sitting at 9.5’. The latest lake level measurements are available on our Water Quality page of the website ( Currently one section of the dam is open again at this time as rains have brought the lake up and fish passage issues are at least being attempted to be mitigated for by pulsing and/or section removal. This period of pulsing and/or whole section release will end after May 31st. The utilization of the dam from June through October, is thus open for consideration.

Current Considerations: It had been voiced in March 2010 meeting that if the dam was not installed in April, many properties would not have access to the lake for additional months. A motion was made to install the dam allowing for the new lake contractor the flexibility to allow for fish passage by means of leaving one section out of the dam providing the lake level could be maintained between 9.5’ and 9.3’ through June 1, 2010. At the time of the meeting (March 4, 2010) the lake level was 9.0’ above MSL. It was stated by a member of the audience that at this lake level many properties would not have access to the lake. Data were subsequently gathered by two of the District’s board members to investigate the potential impact on users at this same lake level of 9.0’. This presentation was made at the April 4, 2010 meeting and is available online at our website on the Project page under Lake Level (Director Presentation 2010-04-01 UPDATED). Some of the conclusions of that presentation were that nearly all of the properties surveyed the depth of the water when the lake was at 9.0’ was sufficient for drafting a typical pleasure craft. Where draft was insufficient at the far end of the canal on Thompson Creek, the addition of 6” of water to 9.53’ would have marginal benefit. For a complete review please revisit the slideshow from our website. Additionally a comprehensive review of this issue of the 2009 review is also available online (Staff Presentation 2009-04-01 ). What is presented below is new or additional information in no particular order that may be pertinent to the board discussion and decision on this issue along with some summary issues from previous meetings.

Water Rights: Rock Creek & Siletz POD: Irrigation of the golf course in our watershed came before City Council Monday 2010-05-24 for consideration. This is a proposal between the Confederated Tribes of Siletz Indians (CTSI) and the City of Lincoln City for selling water from the City’s existing water right on Rock Creek, a tributary of Devils Lake for irrigation of the Chinook Winds Golf Resort. This water right is held by the city, and as a municipal right it a permanent right, originally obtained by the town of Oceanlake. In fact, an existing, but unused pipe runs under Devils Lake that once served this community. As many will remember in 2006, the Devils Lake Water Improvement District, partnered with the Salmon Drift Creek Watershed Council, USFWS, ODFW and the City to alter a dam at the current Point of Diversion (Approximately River Mile 3.2) for fish passage. The current proposal would be to add a second Point of Diversion (POD) on this certificated municipal water right. City Council voted unanimously to approve this agreement. Continue reading

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Filed under DLWID, Lake Level, Lakeside, Rulings

City to fund Roads End water fix

Councilors direct staff to speed up annexation

The News Guard

Lincoln City Council has approved a move to spend $400,000 to safeguard water supply to a portion of Roads End on the understanding that City staff step up efforts to bring the neighborhood within the city limits as soon as possible.

“We are holding out a hand in good will,” Councilor Gary Ellingson said, “and we want to be on the absolute moral high ground of this issue. And we hope that when we deal with annexation that we will be treated the same way.”

The money would be spent to create a bypass around a failing booster station that pumps water to 38 homes in an area of high ground around N.E. Port Drive.

“One of these days it’s going to become irreparable,” City Manager David Hawker said, “and we are going to have 38 empty homes.”

At Council’s Monday, May 24, meeting, several members expressed concern at the prospect of spending so much money on a project that serves customers outside the city limits and who contribute no property tax to City coffers.

The City’s 25-year contract to provide water to Roads End expired in 2003 and has not been renewed.

“It was planned that Roads End would have annexed to the city prior to the expiration,” Hawker said. “That agreement has long since expired, and Roads End has not annexed.” Continue reading

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Filed under City, Lakeside, Rulings, Septic

Oregon Department of State Lands Rule Change

Revision to Rules for Authorizing Structures On and Uses of State-Owned Submerged/Submersible Lands

The Department of State Lands (DSL) is in the process of revising its administrative rules governing the management of, and issuing of authorizations to place structures on, and to use state-owned submerged and submersible land.  These rules (OAR 141-082-0000 through 141-082-0210) were last amended in 2002.   As a part of this rulemaking activity, DSL developed and made available to the public its first draft of the proposed revisions to these rules in September 2009.  In October, DSL held three public hearings, one each in Portland, Astoria and Coos Bay.  The public comment period, which originally was scheduled to close on November 6, 2009 was extended to December 24, 2009.   Based on the input received during the September-December 2009 public comment period, DSL has revised its proposed changes to these rules , which are available on below the break. Continue reading

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