In February 2006, the US Supreme Court heard cases that may affect whether intermittent streams are jurisdictional waters under the Clean Water Act. In June 2006, however, the cases were remanded to the circuit court, leaving the status of intermittent streams uncertain once again. The presence of commercial species, such as coho salmon (Oncorhynchus kisutch), can be an important consideration when determining jurisdiction. These salmon spawn in the upper portions of Oregon coastal stream networks, where intermittent streams are common. In our study of a coastal Oregon watershed, we found that intermittent streams were an important source of coho salmon smolts. Residual pools in intermittent streams provided a means by which juvenile coho could survive during dry periods; smolts that overwintered in intermittent streams were larger than those from perennial streams. Movement of juvenile coho into intermittent tributaries from the mainstem was another way in which the fish exploited the habitat and illustrates the importance of maintaining accessibility for entire stream networks. Loss of intermittent stream habitat would have a negative effect on coho salmon populations in coastal drainages, including downstream navigable waters.

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