ODFW Issues Notice of Noncompliance to Winchester Water Control District Over Dam Repairs

On September 16, the Oregon Department of Fish and Wildlife (ODFW) issued a Notice of Noncompliance to the Winchester Water Control District (WWCD) for unauthorized repair activities at the Winchester Dam. According to the notice, repairs conducted in August 2023, including concrete capping and foam injections, went beyond the scope of the 2022 temporary fish passage blockage permit. As a result, ODFW has ordered the construction of a new fish ladder to improve fish passage, detailing a 48-month timeline for its completion.
The 23-page notice also included a 15-year plan for rebuilding the dam and granted the district the right to request a hearing. Michelle Dennehy, ODFW’s statewide communications coordinator, confirmed that the WWCD had filed a contested case request in November, though a hearing has not yet been scheduled.
The notice alleges that during the August repair work, the district performed additional unapproved activities on the dam’s upstream area and face, including the installation of sheeting to address structural weaknesses and leakage. ODFW also noted ongoing concerns observed since 2018, citing deficiencies in the dam’s fish passage system and how fish are impacted by the dam's operation.
Among the violations, ODFW determined that the district’s repair activities, such as concrete capping and foam injections, deviated from the approved 2022 permit. The agency has mandated the installation of a fish passage system that meets state standards or an alternative that complies with fish passage criteria. The notice outlined several issues with the dam’s current fishway, including its undersized auxiliary water supply, poor location, design flaws, and inadequate water flows at the fishway entrance.
ODFW also filed a lawsuit against the Winchester Water Control District, TerraFirma Foundation Systems, and DOWL LLC for allegedly killing fish during construction work on the dam in August 2023.
Ryan Beckley, president of the Winchester Water Control District, has not yet responded to inquiries from The News-Review.
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