The Oregon Healthy Streams Partnership will integrate private sector energy, resources and knowledge with the public sector to improve the health and function of aquatic systems and enhance beneficial uses of water for future generations. The integration of our best scientific information with intensive monitoring of individual water bodies will help test and refine our knowledge of aquatic systems, water quality standards and management alternatives. The partnership will address all of the factors impacting water quality in high priority streams in the most intensive and progressive manner possible while also enhancing positive ongoing programs throughout Oregon.

The strategic prioritization of streams and the integration of available resources and programs will greatly assist and increase the effectiveness of ongoing programs. Collective knowledge, positive cooperative efforts, stewardship incentives, increased technical assistance and outreach, and educational programs will be implemented at all levels of planning and management.

Working to develop a new level of trust, cooperation and knowledge will build a permanent partnership and stewardship process that will carry to future generations. Managing for the proper function of aquatic systems and watersheds will help make those systems more productive for all beneficial uses, improve water quality and develop a legacy and model of how to work together for shared goals and objectives.

Principles:

The parties to this agreement believe the following principles are important as a foundation to restoring Oregon’s streams to a healthy condition.

• Oregonians strongly support protecting and improving water quality in Oregon’s streams.
  
• Although there have recently been significant voluntary programs undertaken to improve stream health, many of Oregon’s streams do not meet the state’s water quality standards.
  
• Statewide, the causes of stream impairment include point source discharges from commercial, industrial, and residential land uses in urban and suburban areas as well as non-point source discharges from agriculture, forestry and urbanized landscapes, recreation and natural conditions.
  
• Failure of the state of Oregon to address water quality issues will result in the U.S. Environmental Protection Agency becoming responsible for water quality management in Oregon.
  
• To effectively improve water quality, stream function and watershed health, all Oregonians must support protection and enhancement programs and modify damaging activities in a cooperative manner.
  
• Science based educational programs and research projects are necessary to develop effective watershed programs.
  
• The development of collaborative ways to solve problems requires the identification of all causal factors, the development of alternative solutions and the effective implementation of locally appropriate solutions.
  
• Attainment of proper functioning condition is a primary element in achieving water quality standards associated with non-point source pollution.
  
• Oregon has several legislative authorities in place to address water quality problems based on the Clean Water Act and Oregon’s water quality laws administered by the Departments of Environmental Quality, Forestry, and Agriculture.
  
• The state can not effectively implement Oregon’s laws to address the water quality problems facing the state with current staffing and funding resources.
  
• In order to enhance Oregon’s watersheds over the long term, the state must consistently invest in watershed restoration.
  
• The parties believe that integrated solutions that include all landowners in the planning and implementation are necessary to improve water quality in Oregon.
  
• The Governor and the parties will reach out to the legislative leadership to make this approach work.

Agreement:

This agreement identifies the general approach and limitation that all parties have discussed and agree to in order to address the non-point source water quality problems facing Oregon.

• Water quality management area plans for agricultural areas designated under Senate Bill 1010 for the stream segments on the 1996 303(d) list will be adopted by the Board of Agriculture by July of 2001. Watersheds with listed and/or candidate species will be given special consideration in setting priorities. (See Attachment A for description.)
  
• Total Maximum Daily Load requirements will be completed by July of 2007. Prioritization of the basins to work on will be completed by January 1997. (See Attachment B for description.)
  
• An agricultural water quality management area plan must be completed before enforcement action is taken under Senate Bill 1010. Landowners shall also be notified and given reasonable opportunity to respond.
  
• The parties agree to cooperate with the Department of Agriculture in developing administrative rules that specify a procedure for the public to notify the agency and trigger an investigation and appropriate enforcement action where a violation of an adopted plan is demonstrated.
  
• The parties agree to support the staff for the Departments of Agriculture and Environmental Quality necessary to meet the time schedules in this agreement.
  
• Individual landowners and community groups, for example, watershed councils, Soil and Water Conservation Districts and interest groups, will be eligible for project funding to improve and monitor water quality while area management plans are being developed, and to share in the implementation of water quality plans.
  
• Projects/programs will be eligible for statutorily defined technical assistance grants from watershed improvement grant funds, given priority to those projects/programs which directly result in on-the-ground improvement.
  
• The parties agree to work with the legislature to secure a dedicated fund for watershed improvement programs emphasizing projects designed to achieve water quality standards.
  
• All parties agree to work in good faith to secure the funding and implement the approach established in this agreement.
  
• The parties encourage the Governor to submit a recommended budget to the Legislature to fund and implement the provisions of this agreement. The Governor has developed a recommended budget to meet the time frames of this agreement that totals $5.8 million for 19 FTE’s each in both the Department of Agriculture and the Department of Environmental Quality. The Governor has also identified a need and proposal for a dedicated watershed improvement fund providing $20 to $35 million per biennium. (See Attachment C for the budget summary and Attachment D for a description of the improvement fund.)
  
• All parties agree to work together on the implementation of this cooperative partnership to improve water quality in Oregon. (See Attachment E for elements of Work Plan.)
  

Participants:

John A. Kitzhaber, Governor

Andy Anderson, Oregon Farm Bureau

Fred Otley, Oregon Cattlemen’s Association

Pat Wortman, Wallowa County Commissioner

Terry Witt, Oregonians for Food and Shelter

Dave Nelson, Oregon Dairy Farmers

Todd Heidgerken, Water for Life

Ward Armstrong, Oregon Forest Industry Counsel

Ray Wilkeson, Oregon Forest Industry Counsel

Geoff Pampush, Oregon Trout

Jeff Curtis, Water Watch

Wayne Elmore, Bureau of Land Management

Paul Cleary, Division of State Lands

Bruce Andrews, Department of Agriculture

Phil Ward, Department of Agriculture

Lang Marsh, Department of Environmental Quality

Lydia Taylor, Department of Environmental Quality

Martha Pagel, Water Resources Department

Geoff Huntington, Water Resources Department

Jill Zarnowitz, Department of Fish and Wildlife

Steve Marks, Governor’s Office

Paula Burgess, Governor’s Office

Ken Bierly, Governor’s Office

Declaration of Water Quality Impairment

When the Department of Environmental Quality (DEQ) issues a notice of water quality impairment, either through the listing of stream or stream segments in accordance with the Environmental Protection Agency's (EPA) 303d process or by establishing a TMDL, the Oregon Department of Agriculture (ODA) through its SB1010 authority will establish its non point pollution control process in the affected area.

Geographic Boundaries Set

Once the ODA has been notified of a 303d listing or the establishment of a TMDL, it will in consultation with DEQ, identify the boundaries of the proposed area for the purpose of implementing the SB1010 planning process. Basins or sub-basins will be prioritized in order of response when a large number are identified through the 303d listing process.

Appointment of a Local Advisory Group

Once boundaries have been set a local advisory group will be established to provide the maximum amount of local input to the water quality management area( basin) plan. Advisory groups wherever possible will include affected landowners, members from public interest groups, representatives of local governments, and such technical experts as needed to help the advisory panel create a credible plan.

Local Management Agency

The ODA may choose to use the services of a local agency to serve as technical support for the planning process. Local agencies could be Soil and Water Conservation Districts (SWCD's), watershed councils or even county commissions. The use of such an entity to provide support for the advisory group is seen as an excellent means to keep the planning focus local and coordinate efforts of all parties involved.

Note: The process described in this document applies only to the agricultural sources of non-point source pollution impacting water quality limited basins. Other sources will be addressed through other processes as defined in state or federal law.

Creation of a SB1010 Water Quality Management Area (basin or sub-basin) Plan

The local advisory groups with the help of technical advisors will draft a plan that addresses the water quality concerns contained in the 303d or TMDL listing. Contained in the plan must be:

1. Problem identification
   
2. Goal statement of water quality objectives
   
3. Measures needed to establish goals
   (describe prohibited conditions)
   
4. Implementation schedules
   
5. Guidelines for public participation process, including state and local government roles and responsibilities.
6. Compliance establishment and reviews
   
7. Monitoring of plan for effectiveness
   
8. Plan review schedule and revision process if conditions warrant.
   
9. Enforcement process and strategy
   

Once the draft plan is forwarded to ODA, the agency will consult with DEQ and the Environmental Quality Commission on the sufficiency of the plan to meet water quality impairment concerns. After consultations the plan is reviewed in public during local hearing. Comments and suggestions are reviewed by the agency and incorporated as needed and forwarded to the Oregon State Board of Agriculture for hearing and adoption by rule.

Plan Implementation

Once a plan has been adopted by rule the local management agency will seek to implement the plan. Technical assistance, cost sharing, education programs and demonstration projects will be utilized as the initial means to introduce the plan and the needed corrective actions.

Area-wide farming and ranching conditions that are creating water quality impairment will be identified and targeted with funds to help mitigate identified problems. If problems persist additional technical help will be employed to correct deficiencies where and when possible.

Landowners who choose not to participate and ignore the requirements of water quality management area plans will be notified of prohibited conditions and offered assistance. If conditions persist because of inattention on the part of the landowner the ODA will identify plan violations and proceed with enforcement action.

Areas Outside ODA Jurisdiction

Federal lands controlled by either the Department of Interior (DOI) or the United States Department of Agriculture (USDA) will be consulted about the basin plan and encouraged to participate in the implementation process. Tribal lands managers will be notified of the basin planning process and invited to participate in the planning and implementation process. In either case the State of Oregon does not have authority to regulate these entities and must seek cooperation from the affected federal or tribal agencies.

Water Quality Management Area (basin) Plan Review

After four years, the local advisory panel along with ODA will review the implementation progress of the plan. At this time assessment will be made to determine whether the plan continues to be sufficient to meet and address water quality concerns established under the 303d or TMDL process. If timeframes and benchmarks are being met no further plan modifications will be required. If deficiencies are noted the plan will be revised following the process established for plan adoption.

Certification of TMDL Compliance

Once aTMDL including the SB 1010 basin plan is approved by EPA, DEQ will remove it from the 303d list.

Voluntary Farm Plans

After the prioritization of basins or sub-basins for the planning process, area-wide public meetings will be held to explain the SB 1010 process. Agricultural industry groups will be encouraged to hold SB 1010 workshops with the assistance of the local Oregon State University (OSU) Extension Service Agents and/or the Designated Management Agency. During this time farmers and ranchers whose property is near or whose operations are affecting stream segments, will be encouraged to seek a voluntary farm management plan. The farmers who participate in the voluntary farm or ranch management plan will be provided directed technical assistance as well as be given immunity from the regulatory process during the creation and implementation phase of their plans.

Technical Assistance

Technical assistance may be provided by a number of entities including industry technicians, OSU Extension Service, SWCD's, private consultants and agency personnel.

Voluntary Farm/Ranch Plan Elements

Voluntary farm or ranch plans must contain a statement identifying the water quality problems, which the plan addresses, a management strategy that addresses those problems, options of practices for improving water quality conditions, a list of intended results, a timetable for implementation practices and projects, a list of resources needed, and identify technical help necessary to complete implementation of the plan. Also included should be a discussion of methods to determine how progress is being made toward stated goals should be included in the plan summary.

Voluntary Farm and Ranch Plan Approval

Once the voluntary farm and ranch plans are completed they will be reviewed with the ODA to determine if they adequately address the water quality concerns identified. The plan review will include the farmer/rancher and any technical help utilized in the drafting of the plan. Included in this review will be a timetable for site visits to verify plan implementation. Once accepted the landowner or manager is free to proceed with implementation of the plan.

ODA funds allocated for basin projects either through direct grants or cost-sharing will first be directed to those farmers/ranchers who have entered into a voluntary plan.

Voluntary Farm and Ranch Plan Coordination with Basin or Sub-Basin Plan

Since in many situations local farmers and ranchers will be encouraged to seek voluntary plans and to begin implementing water quality friendly practices before the basin area plan has been adopted, a plan alignment review will take place at the conclusion of the area-wide planning process. At this time if any issues are contained in the basin area plan but not addressed by the voluntary farm/ranch plans the voluntary plans will be updated to include any issues that are absent.

Role of Industry Associations and OSU Extension Service and Local Soil and Water Conservation Districts

Industry groups, OSU Extension Service and local SWCD's are essential players in the implementation of the SB1010 process. The industry through state or federal grants from the ODA may employ water quality technical experts to help farmers and ranchers construct voluntary plans and to conduct area-wide educational seminars on achieving water quality through sound management practices. OSU Extension Service and local SWCD's may also offer technical assistance and set up demonstration projects in the water quality limited basins. OSU Extension and SWCDs will also be eligible for state and federal grants to carry out water quality initiatives.

Non-Participation in Voluntary Farm Plans

Not all farmers or ranchers in a water quality limited basin will choose to participate in the adoption of Voluntary Farm water quality plan. Once basin water quality management area plans have been adopted by rule these producers are however responsible for implementing practices that adhere to these plans. In the event of discovery that farm or ranch management practices are causing degradation to water quality, the farmer/rancher will be notified. Technical help will be offered by the local management agency or other source to solve the particular problems of the land manager and a schedule of correction will be negotiated. If additional water quality violations take place ODA may proceed with enforcement action.

Enforcement Action

If a farmer or rancher is found to be in violation of the SB1010 Water Quality Management Area Plan and is not progressively working with the department or the local management agency the farmer or rancher may be issued a Notice of Violation. At this time the ODA may enter into a compliance agreement with the landowner or seek an enforcement remedy.

After one year has elapsed from the date of adoption of a water quality management area plan, the department, upon request from a group or individual asserting that provisions of the plan are being violated by a landowner or group of landowners, shall investigate and make a finding within 90 days as to whether any violations have occurred. Should these assertions be found accurate in part or whole, the department shall within 30 days enter into enforcement action according to the provisions of the local water quality management area plan, or statewide SB 1010 implementation rules.

To request an investigation and finding of the manner discussed above a group or individual must:

1. remit to the department a $200.00 non refundable filing fee and,
2. provide specific evidence of alleged violations of the water quality management area plan.
   

Time Line for Basin Management Plan Completion

The Oregon Department of Agriculture is committed to having all basin plans included in the 303d/SB1010 process completed by the end of four years (July 1, 2001).

While initiation and implementation of basins plans will begin as they are approved, full implementation in some cases will depend on DEQ's ability to establish TMDLs.

DRAFT DEQ DEVELOPMENT PROCESS FOR TMDLs

1. Based on existing data developed from DEQ water quality monitoring throughout Oregon and evaluation of data collected by other agencies DEQ lists those stream segments, lakes and estuaries which don't meet water quality standards on the 303(d) list. As of June 1996, 870 stream segments and other waters in Oregon's 91 sub basins have been listed.

2. In consultation with affected agencies and interests, DEQ develops criteria for and then ranks and prioritizes water quality limited waterbodies for TMDL development.

3. DEQ either forms a local advisory group for priority areas including the public, major interests, federal agencies, state agencies, major industrial and municipal dischargers, or uses existing watershed councils, or other groups, as the advisory group for the TMDL establishment. The advisory group is kept informed throughout the entire process; makes recommendations and provides a forum for discussion of issues. If a subbasin is primarily agricultural, a group will be established in the SB 1010 process which could serve as the advisory group for TMDL development.

DEQ establishes the appropriate geographic areas (basin, subbasin, watershed or segment)and pollution parameter(s) to be addressed for TMDL development and assigns responsibility for corrective action including determination of Designated Management Agencies (like Agriculture, Forestry, federal land owners etc.) Meetings of the advisory group are public.

4. DEQ, in conjunction with Designated Management Agencies, the advisory group and other stakeholder groups, conducts an assessment of the area characterizing the water quality problem, identifying potential causes and sources (point, non point and natural conditions)and estimates relative contributions to the problem. For agricultural areas, this is done by ODA and its advisory group, with appropriate DEQ technical participation. Increased monitoring or data evaluation may be needed at this step.

5. In areas where water quality problems are related primarily to agricultural and forestry non-point sources (DEQ estimates this constitutes 75% of the 91 sub basins in Oregon), DEQ will work with federal and state agencies, watershed councils, communities, counties, SWCD's and others to identify data needs, collect, manage and analyze data and provide results to stakeholders such as members of the 1010 group, forest landowners, federal and state agencies, including Designated Management Agencies.

6. In areas which have numerous sources of pollution, (DEQ estimates these complex areas constitute 25% of state subbasins) including both point source and non-point sources, data collection and analysis will be more intensive and modeling and possible pollution trading analysis will be required. Based on this work, DEQ will develop the total load the stream is capable of handling without exceeding water quality standards.

7. Individual point sources and classes of non-point sources are assigned a load allocation. The load allocation will result in individual permit limits being modified to meet the allocation. This is often a process which takes time to review with the permit holders to assure they are getting their fair share of the wasteload allocation, and to assure that the technology or other measures they propose to use will meet that wasteload allocation. Incorporating the load allocation into the permits could occur when they expire, prior to when they expire or in a way that all of the permits are modified in a subbasin on the same five-year schedule. Public participation in the permit modification process will often extend times for its completion. A time frame for compliance may be included in a separate compliance schedule. This is usually five years or less.

Any city, county or special district may be asked to develop a plan for activities which are under their jurisdiction. For example, large cities which provide pretreatment of industrial waste into their sewage treatment systems may need to revise those pretreatment permits. Counties may need to review their road maintenance efforts. Cities or counties may need to develop water quality management plans of handle urban stormwater runoff.

Non-point sources would be provided a load allocation as well. This allocation may be made to the entire group or subgroups within a non-point source category (Agriculture, Forestry or large components of such groups).

DEQ compiles plans from the Designated Management Agencies and its own permit load limits for point sources into a TMDL document. By this time DEQ will have reviewed all of the plans and permit load limits to assure that in combination, over time, they will attain water quality standards.

8. In primarily non-point source areas, the water quality management plans prepared by the DMAs will be consolidated into a TMDL for that area after a technically-based evaluation by DEQ, together with appropriate water quality data and monitoring requirements.

A. The Department of Agriculture implements its SB1010 process. Its plan, after a technically-based evaluation, will be included by DEQ in the TMDL.

B. The Department of Forestry prepares a plan to implement the Forest Practices Act. Its plan, after a technically-based evaluation, will be include by DEQ in the TMDL.

C. Federal agencies are asked to reach agreement with DEQ on their plans to meet their share of the load allocation.

D. Any other state or federal agency as appropriate is asked to reach MOU's with DEQ on their share of the plan.

9. Public hearings are held on the proposed TMDLs which are then finalized. (Note: TMDL "equivalents" are also subject to a DEQ public hearing prior to submission to EPA)

10. DEQ submits TMDLs to EPA for approval.

11. When approved by EPA, DEQ will remove the subbasin, basin or stream segment covered by the TMDL from the 303(d) list.

12. DEQ throughout this process and after submission to EPA will implement the permit changes required by the TMDL and the Designated Management Agencies will implement the measures developed by them.

13. DEQ, in conjunction with cooperating agencies or groups, continues to monitor water quality to determine if progress is being made. DEQ reviews progress with the Designated Management Agencies to ensure that their plans are being implemented.

14. DEQ reviews and evaluates the monitoring data and requires revisions of point source and non-point source permits and non-point source plans, if necessary. In the event that the monitoring shows that improvements in water quality are not taking place along the timeline identified in the TMDL, it may be necessary to re-list the stream on the 303(d) list.

DEQ estimates that 75% of the 91 sub basins in Oregon are primarily affected by forestry or agricultural non-point source activity. Of these 68 subbasins, 50% are federally owned lands. The other 50% are either privately owned lands or mixed federal, state and ownership.

The remaining 25% of the 91 subbasins (23) are affected by municipal sewage treatment plants, industrial discharges, urban stormwater runoff, construction activities, agriculture and forestry and citizens.

1. Problem statement
2. TMDL loading calculations
3. Target or goal
4. Actions planned/agency responsible
5. Implementation schedule including interim targets & deadlines
6. Monitoring plan
7. Evidence of public participation
   

The Healthy Stream Partnership representatives have agreed to work together to obtain the following funding through a dedicated revenue source.

Agency	Activity	Funding
		Millions of Dollars
ODA	Implementation of SB 1010 water quality program	2.9 (19 FTE)
DEQ	Preparation of Total Maximum Daily Load allocations as required under the Clean Water Act	2.9 (19 FTE)

NOTE 1: Although funding for implementation of the Coastal Salmon Restoration Initiative is not a part of the Healthy Streams Partnership Agreement, they are shown here because they will be part of the Governor’s budget proposal. Salmon funds include the following:

ODFW	Technical assistance to watershed councils and landowners, monitoring, improvement of the riparian tax credit program, etc.	2.2
WRD and GWEB	North and central coast water masters, data collection and analysis, grants administration, etc.	2.1
ODF	Stewardship assistance, fish presence surveys, watershed assessments	1.3
DSL	Fill and removal field staff	.2
DLCD	Coastal non-point pollution control program	.1

NOTE 2: The state will seek federal assistance in funding off-stream storage, stream gauging, marine survival studies, screening of diversions, alternatives to push-up dams, and groundwater studies.

The Healthy Streams Partnership representatives have agreed to work together to obtain from $20 to $35 million per biennium through a dedicated revenue source that would be continuously appropriated.

Purpose

The purpose of the Watershed and Riparian Habitat Conservation Fund is to:

(d) funds are used for acquisition by public or qualified non-profit entities, it will only involve willing sellers and a "good neighbor" policy for management of acquired properties will be implemented.

Fiscal Management

1. The fund shall be continuously appropriated for the purposes of the fund.
2. The annual funds appropriated and not expended shall remain in the fund.
3. The fund will be available to receive revenue from:
   (a) federal grants or appropriations,
   (b) private donations or bequests, or
   (c) other revenues suitable and applicable to the purposes of the fund.

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Attachment E

Healthy Streams Partnership Implementation Work Plan

Action	Responsible Party	Schedule
Brief legislative leadership on the agreement	HSP	November
Sign agreement and hold press conference	HSP	On or before November 12
Develop outreach to local levels. Hold public meetings to explain the program and its implications in communities throughout the state.	Agriculture lead, varied attendance	November/December
Discuss program with Senate Natural Resource Interim Committee	HSP	December
Meet with legislative committee chairs	Governor	March
Review and discuss priorities. Develop better information on public lands distribution and agricultural area priorities.	ODA, DEQ

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