Board begins remand review of Thornburg resort fish-and-wildlife plan; groundwater, economics and tribal treaty issues focus of proceedings

The Deschutes County Board of Commissioners convened a hybrid remand hearing May 7 on the Thornburg destination resort’s 2022 Fish and Wildlife Management Plan (FWMP) after multiple rounds of appeals to the Land Use Board of Appeals (LUBA) and the Oregon Court of Appeals. The county is required to make additional findings on three specific issues remanded by LUBA and the court: groundwater mitigation/no-net-loss of fish habitat, whether the plan changes trigger additional economic analysis, and whether the FWMP violates treaty-reserved fishing rights.

Staff and counsel framed the proceeding as a limited remand, not a full de novo review of the resort’s approvals. Jacob Ripper, principal planner, summarized the remand issues and said the board’s prior order limited new evidence to one topic: the economic analysis relating to the removal of an optional golf course. The board allowed testimony only from persons who participated in earlier proceedings, though staff agreed to accept evidence from any party who believed they had prior participation and would verify standing.

Three technical and legal themes dominated the nearly three-hour public hearing:

1) Groundwater mitigation and the “no net loss” standard: Applicant representatives said the revised FWMP reduces total authorized water use (by removing an optional golf course) and relies on acquisition and retirement or control of…