ODA Program Update and

Biennial Review of Tualatin Area Rules and Area Plan

October 3, 2012

Cheryl Hummon Regional Water Quality Specialist

History of Oregon Ag WQ Program

�  1993 – Ag WQ Management Act (Senate Bill 1010)

�  1995 – ORS 561.191 (regulatory authority to ODA)

�  1997 – Ag WQ Program funded

�  1998 – MOA between ODA & DEQ developed

�  1997-2004 – 39 Area Plans and Area Rules adopted

�  1997-2012 – Implementation

�  2012 – MOA between ODA & DEQ updated

Program Elements

� Area Plan implementation by Local Management Agency (Tualatin SWCD)

� Measuring / monitoring progress

� Building / maintaining / using partnerships

� Biennial reviews of Area Plans and Rules (2012 Tualatin Bi-Review is Nov. 14, 2012)

� Compliance program

Local Management Agency (SWCD): Plan Implementation

Area Plan

Scope of Work (SWCD-ODA)

Landowners

SWCD Tasks

Outreach & Education

Conservation Planning

Technical Assistance

Project Development

and Implement-

ation

Grant Writing Training

Partnerships Monitoring

Key Monitoring Question

Are the efforts of ODA, SWCDs, and other partners effective in improving water quality to achieve water quality standards and TMDL ag load allocations?

Two Monitoring Approaches

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This product is for informational purposes andmay not have been prepared for, or be suitablefor legal, engineering, or surveying purposes.Users of this information should review or consult the primary data and informationsources to ascertain the usability of theinformation.

Lake

Harney

Malheur

Lane

Grant

Klamath

Douglas

Linn

Baker

Crook

Umatilla Wallowa

Wasco

Union

Jackson

Coos

Curry

Deschutes

Morrow

Wheeler

Jefferson

Gilliam

MarionPolk

Clackamas

Josephine

Lincoln

Tillamook

Clatsop

Yamhill

Benton

Sherman

Columbia

WashingtonHood RiverMultnomah

0 10 20 30 405

Miles

Riparian Monitoring HUC (6th field) Cities County DEQ Ambient Monitoring Sites ODA Ambient Monitoring Sites Pilot focus areas

ODA water quality and land condition monitoring activities

Land Condition Monitoring

� Measure progress in short term (water quality is slow to respond after land condition changes)

� Choose surrogates � Riparian vegetation for temperature �  TSS for legacy pesticides

� Report percent change (as part of biennial review)

Land Condition Indicators

On-the-ground measurements of land condition changes over time:

�  % stream miles with streamside vegetation �  % of livestock facilities with sufficient waste control

mechanisms �  % cropland on which erosion is controlled �  % pasture managed to minimize sediment transport

Land Condition Monitoring: Action Steps

Pre-assessment of an area

Contact landowners –

site visits

Technical assistance and

project implementation

Post-Assessment

Report progress as

percent change

Building Relationships: Stakeholders and Partners

� Spring 2012: 7 listening sessions around the state with Lisa Hanson and staff

� Ongoing meetings and discussions: �  Agencies: EPA, DEQ, ODFW, ODF, OWEB,

SWCC, NRCS �  Locals: SWCD, OACD, watershed councils �  Special interest groups: conservation groups,

point sources, agricultural groups

Biennial Reviews: Area Plans and Area Rules

� Water Quality: �  Prevent and control water pollution �  Need both to achieve WQ standards and load

allocations

� Measure Progress: �  Include measurable goals and objectives �  Assess implementation rate �  Adaptive management

� Consult with DEQ (EQC can petition ODA if it determines that Area Plans and Area Rules are inadequate)

Area Plan Revisions: Measurable Objectives

Current

�  Thorough, well thought out

�  Implementation activities and strategies

Revisions

�  Timelines (check-in points)

�  Measurable (how are we doing?)

�  Way to document change and / or progress (focus work in smaller areas)

Compliance with Area Rules �  SWCD and ODA outreach about rules

�  Current model:

�  Complaint based

�  513 total cases statewide; 60 in Tualatin

�  Future needs:

�  Determine current level of compliance w/ Area Rules and track compliance

�  Develop alternatives to complaint based model

�  Streamline investigation process

How do we do all of this with limited resources?

•  Strategic Planning •  Streamlining (“Lean” ing)

ODA’s Strategic Planning (2012) May: Board of Ag recommended that the Ag WQ Program: �  develop alternatives to complaint-based compliance

�  Identify processes to streamline or eliminate

Summer: Staff discussed 5 topics and presented options to BOA in September 2012:

1.  Compliance 4. High quality plans & rules

2.  Monitoring 5. SWCD contracts

3.  Building relationships

Fall: Refine options; seek input from stakeholders and partners

Late November: Report to BOA

The “Lean” Process - Streamlining

� Work with consultant to map current ODA processes

� Develop more efficient processes

� Engage partners for feedback and additional ideas

� Produce recommendations for the Board of Ag’s approval and guidance

Tualatin History � 1996 – Tualatin Local Advisory Committee

(LAC) developed the first Area Plan and Area Rules under the Agricultural Water Quality Management Act (AKA SB1010)

� Biennial reviews of Area Plan and Area Rules: 1999, 2006, 2008, 2010, 11/14/12

� 2003 – Tualatin Area Rules revised (changes only to section 0140 - Prohibited Conditions)

Tualatin Rule Revisions - Content

� Update to reflect current program

� Housekeeping / inconsistencies

� Add intermittent streams?

� Change to functional (outcome based) rather than prescriptive rules?

� Effectiveness of rules and plan

Tualatin Rule Revisions - Process

� Local Advisory Committee = rules advisory committee

� ODA seeking input from SWCD and DEQ

� Six meetings, May - October, 2012

� Timeline overlaps biennial review

� Formal rule-making process = 6 months

Tualatin Area Plan and Area Rules

� Need both to achieve water quality standards and load allocations

� Plan and rules need to work together

� LAC has considered rule changes mostly; now starting to consider plan changes

Tualatin Stream Matrix

�  Watershed council Action Item 2A (Promote and Implement Streambank and Riparian Restoration)

�  Developed by NRCS, SWCD, watershed council, other partners

�  Used to prioritize / rank stream restoration

�  8 criteria (obtainable, measurable, meaningful) �  Water quality (4): 303d list, temperature, accelerated

erosion, riparian veg quality �  Habitat (4): anadromous spawning / rearing, resident

spawning / rearing, fish passage, wildlife corridor

Tualatin Stream Matrix: SWCD and NRCS Projects in Ag Areas (2005 - 2012)

�  376 of the 894 total stream miles are in ag areas �  151 miles are high priority (red) �  150 miles are medium priority (yellow) �  75 miles are low priority (green)

�  112 of the 140 total restoration projects are in ag areas

�  32.8 miles of the 376 ag stream miles have been restored (8.7%) �  21.62 miles (62 projects) are high priority (red) �  9.72 miles (45 projects) are medium priority (yellow) �  1.48 miles (5 projects) are low priority (green)

Tualatin Stream Matrix: Next Steps

� Add watershed council / other partner efforts to database

� Focus in small geographic areas �  LAC / SWCD / partner discussion � What is highest priority?

� Set future implementation goals � Next biennium �  10 years �  20 years

Questions?

Ag Water Quality List-serve AgWaterQuality-subscribe@oda.state.or.us