Marion County, Oregon, announced Wednesday that it will immediately appeal a federal judge’s ruling that denied the county’s request for a preliminary injunction to stop the U.S. Army Corps of Engineers from conducting the scheduled drawdown of Detroit Lake this fall.
County moves to the Ninth Circuit
Commissioner Colm Willis said the county will file the appeal with the U.S. Court of Appeals for the Ninth Circuit within days. “We are extremely disappointed in today’s decision, but this fight is far from over,” Willis said. “The Army Corps is endangering our drinking water, our farmers, our fish, and our canyon communities. We are immediately appealing to the Ninth Circuit and asking for an emergency injunction during the appeal.”
Federal policy behind the drawdown
The Corps’ new policy calls for annual deep drawdowns of Detroit Lake to improve passage for federally‑protected salmon migrating through Detroit Dam. The agency argues that lower water levels create more favorable conditions for the fish to navigate the dam’s turbines.
Local concerns over water safety and fish health
Marion County officials contend that the drawdowns would jeopardize the drinking water supply for over 230,000 people who rely on the lake’s reservoir. They also argue that the policy could backfire on the very salmon it aims to protect. The county cited the 2023 deep drawdown of nearby Green Peter Lake, which it says “killed thousands of salmon and caused massive increases in turbidity that harmed downstream water systems.”
In addition, the county noted that the Corps has not yet completed a turbidity report required by law, leaving residents without critical data on water quality impacts.
Legal background
The county filed its original lawsuit in May, seeking to block the drawdown. The City of Salem filed a similar suit in July. In August, Marion County submitted a motion outlining alleged legal violations by the federal defendants in adopting the new drawdown policy.
Judge [Name Redacted] of the U.S. District Court denied the county’s motion, allowing the Corps to proceed with the drawdown as planned. The county’s appeal will argue that the judge erred in weighing the potential harm to drinking water and salmon against the Corps’ stated benefits.
What’s at stake
If the drawdown proceeds, local farmers worry about reduced irrigation supplies, while residents fear increased turbidity could affect water treatment costs and safety. Environmental groups have also expressed concern that the deep drawdowns could disrupt downstream ecosystems.
Conversely, the Corps maintains that the drawdowns are a necessary tool for salmon recovery, a species protected under the Endangered Species Act. The agency says the practice is based on scientific studies and will be monitored closely.
Next steps
The appeal is expected to be heard by the Ninth Circuit later this year. In the meantime, Marion County officials say they will continue to monitor water quality and work with state and federal partners to protect both public health and the region’s natural resources.
Original reporting: KPTV FOX 12 Portland (news) — read the source article.
