Marion County challenges Detroit Lake drain that threatens 230,000 residents' water

Marion County officials announced they will appeal a federal court ruling that allows the U.S. Army Corps of Engineers to proceed with draining Detroit Lake. The county lost its bid for a preliminary injunction on Wednesday, a decision that clears the way for the drawdown scheduled for this fall.

A new Corps policy requires annual deep drawdowns of the lake to assist federally protected salmon passing through Detroit Dam. County leaders argue this approach threatens the drinking water supply for more than 230,000 residents. They contend the process will also harm the fish populations it is designed to protect.

Commissioner Colm Willis stated that the county is appealing to the U.S. Court of Appeals for the Ninth Circuit. "We are immediately appealing to the Ninth Circuit and asking for an emergency injunction during the appeal," Willis said. He added that the Corps is endangering local drinking water, farmers, and canyon communities.

The legal conflict began when the county filed a lawsuit in May to block the drainage efforts. The City of Salem followed with a similar suit in July. In August, the county submitted a motion arguing that federal defendants violated the law in adopting the new drawdown policy.

County lawyers pointed to the 2023 drawdown of Green Peter Lake as evidence of potential damage. They noted that the event killed thousands of salmon and increased turbidity, which harmed downstream water systems. The county also highlighted that the Army Corps has not completed a turbidity report required by law.