DSL Tract #30

This research document is generated to support the initiatives by friends of the Tumalo Wildlife Corridor and others who wish more consistent management of the greater Bull Flat area within fTWC’s Area of Concern (AoC).

Issues:

The COAMP “inventory” for this parcel is incomplete; A. peckii habitat is found on the parcel. There is no posting designating the special characteristics of this parcel. A State Statute constrains sale of this parcel. SB 847 encourages the disposal of parcels like this.

Definitions and Anacronyms:

Identification:

DSL currently owns a 256-acre parcel just west of the current Tumalo Reservoir (HERE). This parcel is otherwise identified as Tract #30 in the COAMP Appendix B. It is identified as Tax Lot 1611000008400 in the Deschutes County DIAL database.

Tract #30 Site Inventory Review

COAMP Appendix B is the Site Inventory Portfolio. It lists detailed findings on each of the properties in the plan. Excerpted salient details of Tract #30 follow:

  • It is designated as a Special Management Area. Page 39 of the COAMP report defines these areas as follows:

Special Stewardship Lands: SS – 844 acres. Sites #30, #33 and #34 

  • Special Stewardship lands are ones that have or possess special characteristics or features that somewhat restrict pursuit of conventional highest and best use returns to the CSF. Lava Butte (Site #33) and Lava River Caves (Site #34) are lava flow sites that are hoped to be developable for energy potential at some future juncture. Tumalo Reservoir site (Site #30), is next to and periodically partially inundated by Tumalo Reservoir. The Tumalo Irrigation District (TID) has requested that DSL trade this site for other adjacent lands not subject to such periodic inundation—this discussion is on hold until SLB approval and adoption of COAMP. Tumalo Reservoir and Lava Butte sites are the only COAMP sites County zoned for Open Space/Conservation. 

fTWC Comments:The statement that this parcel is subject to overflow of Tumalo Reservoir is technically correct and historically true. As set out in the Narrative for TID, the reservoir will potentially become obsolete for water storage when the piping project is complete. As of this writing, the reservoir is reportedly used for water storage around 8 weeks in the spring. Due to the soil conditions in the reservoir, a great deal of water is lost due to seepage. The trade issue is addressed below.

  • Buildable: No
  • Legal Access: Bull Flat Road crosses the site – Legal Access: Yes

fTWC Comments: It is unclear from the inventory whether Bull Flat Road is considered the legal access route. Historically, access was obtained via Bayley and old Sisemore Roads. See the narrative on Bull Flat Road HERE. We suggest that all agencies that use Bull Flat Road should discuss how it should be used as it runs through the Peck’s Milkvetch habitat.

  • ORBIC Listing: Peck’s Milkvetch off-site 1/2 mile to north/northeast

fTWC Comments: an FOIA was filed with DSL regarding the legitimacy of a map of the Peck’s habitat included in the TID Board of Director’s minutes of 10/9/2012 that shows Peck’s Milkvetch on Tract #30. The response was that this map was generated by DSL as part of COAMP inventory process but was inexplicably not referenced in the inventory. It was used as a research document for the proposed land swap with TID. Hence the Peck’s Milkvetch listing in this Inventory needs review. A subsequent FOIA requesting more information confirms that Peck’s is known to be on this parcel.

  • Other: This property is within a registered state Natural Heritage site known as Bull Flat. The State Land Board approved this registration on March 27, 1990. Essentially surrounded by publicly owned lands, Tumalo Irrigation District (TID) interested in trading properties – trade for property to the west. 

fTWC Commentary: TID had been interested in trading for this parcel for some time. The plan was to swap a parcel is allegedly owned by TID just to the west of the DSL parcel. The planned swap was delayed until he COAMP document was completed. However, the deal fell through in 2012, one year after COAMP was finished. See the TID Narrative for details.

  • Final highest & best use determination: Trade
  • ODFW Comments: Parcel located within the County designated Tumalo Mule Deer Winter Range. Valuable habitat for wintering mule deer. Current mule deer population is below state management objectives partially due to urbanization and human causes. Current county standards are for no new land divisions in excess of one per 40 acres in the WA designations as well as a variety of siting standards. 

The rest of the Inventory is reproduced here for completeness:

Cultural Resources for Parcel Inventory 

Cultural Resources in Parcel: based on SHPO records, no cultural resources are documented within this parcel. However, many areas around Bull Flat have been surveyed (especially to the SW, S & SE). There are a number of historic sites associated with logging railroads & Brooke Scanlon in the area, along with several lithic scatters. 8 survey reports have been done within a 2-mile radius. 

Probability of Cultural Resources in Parcel: based on the close proximity of water & the general terrain within and surrounding the parcel, and the number of already documented cultural resource sites within the immediate area, the probability of cultural resources on this parcel are high. 

Cultural Resources within 2 mi. of Parcel: Isolates: 2 Sites: 16 (13H, 3PH) Description: LS, RR, RR camp/ mill 

Cultural Resource Reports Available within 2 mi. of Parcel: 8 

Recommendations: no pre or post-sale notice of cultural resources is necessary, if this parcel is kept & developed a pedestrian survey will be required 

Legend: H – Historic LS – Lithic Scatter PH – Prehistoric RR– Railroad 

Additional Note 1, the Oregon Legislature passed a bill in 1947 that specified that should the property be sold etc., the property has no water rights, that the then Deschutes County Municipal Improvement District (now TID) would have the “first privilege of buying or otherwise acquiring the same for an equivalent consideration”, that the “property shall be subject to the storage of water in the Tumalo reservoir as now constructed” and that proceeds of the sale shall go toward the Common School Fund. Sections 2, 3 and 4 detail the conditions of sale/exchange. Acknowledging my ignorance, I fail to see why TID could not simply condemn the property is needs for the reservoir under ORS 545.239 section (2) and be done with it. That way, DSL could sell the balance of the property as provided in SB 847 as noted below.

Additional Note 2: In 2017, The Oregon Legislature passed SB 847 that provides for the identification and transfer of limited performance properties to another state agency, federal agency or tribe. We hypothesize that Tract #30 meets that criteria.

Current Dilemma: As far as the public is concerned, this parcel is transparent to other parcels around it. There is no signage, no educational postings, no protection for Peck’s which clearly is on its eastern border and immediately adjacent to Bull Flat Road and no conclusion as to the best way for the public to get to FS4606 except by Bull Flat Road. The text on the DSL website relative to “Recreation on state-owned land” (https://www.oregon.gov/dsl/Land/Pages/Land.aspx) reads:

“With few exceptions, recreational uses are allowed on all state-owned land. This includes upland properties as well as submerged and submersible lands. For additional information relating to use of state-owned waterways, please see Use of State-Owned Waterways. Recreational uses are considered limited-duration activities of 30 days or less and include Hunting, Fishing, Swimming, Hiking, Dispersed camping and Sightseeing/photography.”

The site goes on to say:  “Special Stewardship Lands are also part of the Department’s portfolio. Over 11,000 acres have been set aside for protection of scenic, natural resource, cultural, educational and recreational values.” 

fTWC Comment: However, no restrictions for what DSL itself has designated as a “Special Stewardship Land” are posted on access points to Tract #30. The public has created roads and trails as it has seen fit. There is an administrative rule process – we suggest that this parcel be considered for protections.

History: As noted in the history of Bull Flat Road, this parcel was originally homesteaded by George C Wimer and deeded to the State in 1913 in preparation for the original Tumalo Reservoir. It has remained in State hands ever since except for a land swap negotiation with TID so TID could sell its water right to the City of Bend and return the land to the State. This is according to Martin T Winch’s “Tumalo – Thirsty Land” around 1941-2 (Page 30 of the Spring 1986 edition of the Oregon Historical Quarterly. It was complicated…