Camp Sherman project approved

Camp Sherman landowner Irwin Holzman won approval for an irrigation diversion project from the Jefferson County planning commissioners on a 6-0 vote at their meeting earlier this month.

The project, located on the north fork of Lake Creek, had won unanimous approval at last month's Local Area Council meeting held in Camp Sherman (The Nugget, June 11, page 8). It also received approval from county planning staff.

The project was vigorously opposed at the meeting by David and Mary Richenstein who own property adjacent to Holzman. They were represented by attorney Michael Peterkin.

"It's a case of land ownership," said Peterkin. "Mr. and Mrs. Richenstein own the land on which the project is planned. They are concerned about riparian damage on their property caused by the project and replanting the area."

It was also claimed by Peterkin that Holzman was diverting up to 13 times the amount of water that the law allows.

"Watermaster Kyle Gorman said he would reduce this flow to the Holzman property," said Peterkin.

Holzman representatives denied this.

The project has a somewhat arcane historical background. In the 1940s, a log was placed in Lake Creek for water diversion purposes. Later (1954) an easement for this activity was acquired and has been in effect since that time. Therefore, Holzman contends that he has the right to the water and to update the deteriorating log diversion.

Holzman's team of Tom Hickman, civil engineer, and Tom Stokes, construction engineer, presented diagrams of the entire diversion project to the planning commissioners.

Complicating matters, the Oregon Department of Fish and Wildlife (ODFW) now requires this non-conforming project to have a second log placed downstream for fish passage. This is outside the easement zone (on Richenstein property) and places more question on land ownership regarding the project.

Bruce Estes, water project engineer, testified about his concerns with the diversion project.

He was called upon by Peterkin and clarified some of the concerns of the Richensteins.

The planning commissioners focused on the merits of this project before voting. They decided that this was a land use issue that might have to be resolved in Circuit Court concerning land ownership. But as a planning commission they would approve the repair of the diversion project. This was moved by Evan Thomas and seconded by Roy Hyder before the 6-0 vote.

This project on Lake Creek is about 2-3 miles below the proposed Metolius Preserve project (1,240 acres) of the Deschutes Basin Land Trust. It brings into further focus the problem of reestablishing fish migration and spawning in Lake Creek.

A fish screen is not required for the Holzman diversion project although that has been suggested by ODFW. Tom Hickman said they would monitor the need for a fish screen but such an addition brings about blockage problems and high maintenance requirements.