Marion County appeals bid to stop Detroit Lake drain affecting 230,000 residents

More than 230,000 residents of Marion County face a new threat to their drinking water supply this fall. The U.S. Army Corps of Engineers plans to drain Detroit Lake, a move now set in motion after a federal judge rejected a final legal barrier to the process.

U.S. District Judge ruled on Wednesday against a preliminary injunction requested by Marion County. The decision allows the Corps to continue its new policy of annual deep drawdowns. The stated purpose is to assist federally protected salmon moving through Detroit Dam. County officials announced they will file an appeal with the U.S. Court of Appeals for the Ninth Circuit immediately.

The county argues the drawdowns put local water systems and the fish population at risk. Officials claim the method endangers the drinking water for the region and jeopardizes the specific fish species the Corps aims to protect. The lawsuit was first filed in May, with a similar suit from the City of Salem following in July. A more recent motion filed in August detailed alleged legal violations in the Corps' adoption of the new policy.

Marion County Commissioner Colm Willis addressed the ruling, stating the group is "extremely disappointed" but that the fight continues. "The Army Corps is endangering our drinking water, our farmers, our fish, and our canyon communities," Willis said. The county is also seeking an emergency injunction while the appeal is pending.

Supporters of the county’s position point to the 2023 drawdown of Green Peter Lake as a cautionary precedent. That event reportedly killed thousands of salmon and increased turbidity levels, harming downstream water systems. The county also notes that the Army Corps has not yet finished a turbidity report required by law. The next step is the county's formal appeal to the Ninth Circuit.