A decision by the Oregon Supreme Court is being lauded as a win for fish but could throw a wrench into future water rights development plans.
The ruling is part of the court’s Aug. 7 decision to send an application denial for a proposed new dam on Drift Creek back to the Oregon Water Resources Commission for reconsideration.
The case revolves around an existing instream water right held by the state on Drift Creek, a tributary of the Pudding River that runs from Silver Falls State Park to its mouth south of Silverton.
Instream water rights are used to ensure that some water remains in a river or stream for the benefit of both the public and wildlife that depend on the water.
Water rights typically ensure a specific amount of water be available to the rights holder at a specific point o