Blog Conservation

Big Steps Forward Protecting McKenzie River Water Quality

Oregon DEQ withdraws unlawful water quality permits for two McKenzie River hatcheries after a legal challenge over heated discharges into bull trout and Spring Chinook habitat.

Leaburg Hatchery facility with concrete raceways tucked against the McKenzie River and Cascade foothills

Leaburg Hatchery on the McKenzie River. For years, ODFW operated this and a nearby facility under water quality permits that allowed discharges too warm for native bull trout and Spring Chinook — the very species these waters are supposed to protect.

The McKenzie River is a wild fish stronghold and supplies drinking water for Springfield and Eugene, Oregon.

TCA has long advocated for reform and legal compliance at Oregon's many state-operated fish hatcheries. Without careful management, Oregon's hatcheries release too many hatchery salmon and steelhead, as well as discharge dangerously high temperatures and other forms of toxic pollution into the state's most ecologically important rivers.

This work took a significant step forward this year when TCA joined with Northwest Environmental Defense Center (NEDC) and Willamette Riverkeeper (WRK) to successfully challenge new water quality permits for two hatcheries on Oregon's McKenzie River.

What Was at Stake

The McKenzie River is home to several critical native species, including threatened bull trout and Spring Chinook salmon, which rely on the river's cold, clean water. Yet the Oregon Department of Fish and Wildlife (ODFW) has been operating the Leaburg and McKenzie hatcheries for years while discharging water to the McKenzie that is too warm for fish. Despite knowing this, Oregon Department of Environmental Quality (DEQ) issued new water quality permits that would have allowed these facilities to continue these harmful discharges many years into the future.

Close-up of a wild trout's head and gill plate, resting in cool water among streamside grasses

A wild trout in the streamside grass. Native fish like this — and the threatened bull trout and Spring Chinook the McKenzie supports — depend on cold water. Heated hatchery discharge changes that math, often at the exact stretches where the species are most vulnerable.

The Outcome

TCA and our allies NEDC and WRK challenged those new permits and in late 2023, as a result of that lawsuit, DEQ finally proposed to withdraw the unlawful permits and issue new draft permits for public comment. The new permits would forbid the hatcheries from discharging any heat to this sensitive aquatic ecosystem.

TCA and our allies will be monitoring this situation closely to ensure the new permits are as protective as possible, and that these hatcheries comply with the new restrictions.

Representation. TCA's Legal and Policy Director, Rob Kirschner, performed much of the underlying permit review and legal research supporting the filings. We are grateful to Crag Law Center and the Law Office of Karl G. Anuta for their outstanding representation in this important case, and for the excellent teamwork with NEDC and WRK.

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