*The view from Cline Buttes overlooking the area.*

Record Open for Comment Until March 1

This article last updated 2/15/2023

On February 1, there was another hearing over the proposed Thornburgh Destination Resort near Cline Buttes. But this time was different. This hearing was before the Deschutes County Board of County Commissioners. Will our elected officials hear the public's concerns over projected groundwater use and the impact on wildlife habitat?

Hundreds of people wrote in, asking the Deschutes County Board of County Commissioners to say no to the latest application from Thornburgh Resort. And there is still time! The record remains open until March 1 at 4:00 p.m.

Right now, the developers of Thornburgh are proposing to amend the resort’s Fish and Wildlife Management Plan (“FWMP”). In December, a Hearings Officer denied this request. The applicant appealed that denial to the Deschutes County Board of County Commissioners (BOCC), which accepted review

We need your help. Join us in asking the Deschutes County Commissioners to deny the proposed change to the Fish and Wildlife Management Plan for Thornburgh Resort.

Concern over water use

What’s happening with the Fish and Wildlife Management Plan?

LandWatch has been working for nearly a decade to ensure Deschutes County complies with land use and water laws governing the Thornburgh Resort.

Low river flows hurt fish habitat, increasing water temperatures to potentially lethal levels and harming the ability for fish to navigate waterways.

The resort was approved based on a 2008 Fish and Wildlife Management Plan (“FWMP”), which was agreed to by the Oregon Department of Fish and Wildlife and Bureau of Land Management. The resort could only be approved in 2008 because the FWMP was found to adequately mitigate the impacts of the resort’s groundwater withdrawals on native fish habitat in the Deschutes River.

Because groundwater and surface water are closely connected in our basin, the resort’s groundwater use was shown to affect stream flows in the Deschutes River.

Now, the resort is proposing to modify the approved Fish and Wildlife Management Plan, but there is no evidence that the modification will sufficiently protect habitat. ODFW approval is required, but ODFW has not agreed to this new plan.

The new Fish and Wildlife Management Plan fails to take into account the effects of severe drought and falling groundwater levels since the time of the original approval.

The new plan does not take into account that the resort slept on its rights by letting its consumptive water right permit expire in 2018. The resort has no right to withdraw water under that permit. With the source of a permanent water supply unknown, it is not possible to adequately consider adverse impacts of resort groundwater usage on the cool surface waters of the Deschutes Basin.

Moreover, the resort developers made the new FWMP protections optional, but that is not what the county code requires.

Finally, the materials submitted by the applicant regarding how fish and wildlife are to be protected by the new FWMP are too complex to allow full participation by members of the public. Deschutes County Code protects the rights of citizens to participate in County land use planning decisions by requiring that technical information is made available to the public in an understandable form. The residents of the County have the right to be provided with information clear enough to allow them to reach an informed opinion about whether fish and wildlife will be adequately protected by the new FWMP.

Take Action

1. Submit written Comments

Anyone can submit a written comment as part of the public hearing until 4:00 p.m. March 1. Email comments to Caroline.House@deschutes.org and include “Public comment regarding 247-22-000678-MC / 247-22-000984-A / 247-23-000003-A” in the subject line.

Not sure what to say? See our suggested talking points below.

Email in your comment

2. View the hearing

If you want to catch up on the last hearing, held Wednesday, February 1, you can watch the recording here.

Watch the hearing

3. Stay in the loop on what comes next

After the open record closes on March 1, there will be a timeline for rebuttal and the final legal argument held March 15. The Board of County Commissioners will make a decision after this date. We’ll update our audiences via email when that decision is made public.

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Key Points to share in your comment

Join us in asking the Deschutes County Commissioners to deny this proposed change and require a new application. Here are a few different suggestions for what to say - but be sure and write your own comments and share your perspective.

The public has a right to know how this proposed development will affect water resources. The application for a new FWMP to replace the original FWMP lacks the detail to provide substantial evidence for stated claims of benefit and there is a lack of information regarding how compliance will be ensured over time
Deschutes County should deny the proposed change to the Fish and Wildlife Management Plan (“FWMP”) for Thornburgh Resort and require the resort to reapply. The original Fish and Wildlife Management Plan was integral to the resort’s approval in the first place. The proposed changes to the FWMP constitute a fundamental change in the original plan. The original approval states that if there is a “substantial change” from the original conditions, a new resort application must be submitted. Deschutes County should require the resort to submit a new conceptual master plan application.
Thornburgh does not have a current water right. The development’s water right permit expired in 2018. As a matter of law, that water is no longer available to the resort. The resort itself, and the original FWMP, were both based on the resort’s now-expired water right permit. Deschutes County should refuse to consider the resort’s proposed modification to the Fish and Wildlife Management Plan and, instead, require the resort to submit a new application proving water availability under the now-prevailing groundwater conditions.
Conditions on the ground have changed with the ongoing drought. If the proposed resort acquires new water, there will be new and different impacts on surface water, fish, and wildlife in different places. The loss of the resort’s water right, OWRD’s denial of the resort’s request for an extension of the water right, and the impossibility of replacing the lost water right due to changes in the capacity of the groundwater resource all constitute substantial changes to the original resort plan. This proposed modification should be denied. A new application is required.
The public deserves to understand what is happening regarding the proposed Resort. Goal 1 of Deschutes County's citizen involvement plan is not being followed. The plan requires the public to have understandable materials. In this instance, the public’s right to participate is substantially limited by the complexity of the materials available.
Long-term planning for water availability. Developments relying on quasi-municipal water rights are required to have a 10-year permanent water supply. Thornburgh Resort does not have the 10-year permanent water supply necessary by law. Without the ability to plan long-term for water, this proposed modification should be denied, and a new application should be required.

Want to read our testimony?

LandWatch's submitted testimony

Resources

Want to take a deeper dive?

Here are a few resources and letters relevant to the upcoming hearing.

Check out the application and hearing information on Deschutes County’s website. There is a lot of information here, including the application itself, public comments, previous decisions, and more.
- Here you can find the Notice of Public hearing with details on how to participate (1/12/2023).
Letters from the Oregon Department of Fish and Wildlife
- RE: ODFW Comments for the Deschutes County January 4, 2022 Public Hearing
  Regarding Plan Approval for Phase A-2 and Site Plan Review for Thornburgh
  Destination Resort (FILE NUMBERS: 247-21-000637-TP, 948-A and 247-21-000537-SP,
  998-A, 1009-A). See the letter here.
- RE: ODFW’s Comments Regarding the Thornburgh Resort Fish and Wildlife Mitigation Plan Addendum #2 (2022 FWMP), File Number 247-22-000678-MC. See the letter here.
Letter from Trout Unlimited
- Comments from the Deschutes Redbands Chapter of Trout Unlimited regarding the Thornburgh
  Resort proposal. See the letter here.

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County Commissioners hold hearing over Thornburgh Resort proposal