Water mitigation banking is a concept which enables a development to intrude on wetland habitation and streams by creating an offset by replacing the habitat in another location. Put more succinctly, a development may tear things up in one place by repairing habitat somewhere else or better yet, leaving it undisturbed. If approved by a regulatory agency, mitigation banks may sell credits to developers whose projects may disturb protected habitat. That’s the theory and that is the basis upon which Cam Parry is operating with his proposed water mitigation bank utilizing a water right encompassed in the Johnson Mill Pond.

The original 1950 water right or reservoir permit allows for storage of 491 acre feet of winter flood water and diversion, via electric pump directly from the Coquille River to maintain 491 acre feet on annual basis for the purpose of log sorting. There is no inflow, absent the pumps, and no outflow. In fact the fill right does not in any way allow for the removal of water from the pond and secondary removal rights would be required before any water could be taken from the pond.

If such a water right were to be applied for today I think an argument might be made that diverting water from a wetland stream like the Coquille River to hold in a man made pond might in itself require mitigation offsets. Nevertheless, Parry’s proposal is according to the The World, to find willing buyers to pay the county anywhere from $25 to $2,000 per acre foot if “the county would promise not to draw water from Johnson Mill Pond”. As explained earlier, the county has no right to draw water from the Johnson Mill Pond anyway but why let that little detail get in the way of finding a willing sucker buyer?

PUzzled? There is more. If a water right isn’t used for its granted purpose for a period of five years it goes away. From all accounts, the pumps used to fill the pond during the summer haven’t been fired up in at least a decade nor has the pond been used for log sorting in the last ten years. Does the right even still exist?

Lastly, someone reminded me that as a government agency, the county is not allowed to make a profit so whether it is able to find buyers for 491 acre feet of pond water at $25 or $2,000 per acre foot it is only allowed to charge actual costs unless some complicated fund is established to appropriate the profit to the benefit of the county.

As of the end of November the county had paid $828 in legal fees splashing around in Parry’s puddle not to mention the “extensive” research and the “hard look” Parry claims has gone into this unique “new model” of water banking.
Read the original reservoir permit
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