Ryan Brennecke / The BulletinJeff Perreault and his neighbors are trying to add a section of the Pilot Butte Canal near their homes, in background, to the National Register of Historic Places.

The attempt to list a 1½-mile section of the Pilot Butte Canal on the National Register of Historic Places has taken a step back.

The National Park Service, which maintains the register, intends to return the nomination form and ask for a more compelling case as to why the section should be listed apart from the rest of the canal, according to the Oregon State Historic Preservation Office.

A group of homeowners and supporters sought the listing, in part, to protect a nearly 1-mile-long section from being piped by the Central Oregon Irrigation District.

The irrigation district is opposed to the nomination. A listing could potentially disrupt future projects, such as piping. Other sections of the 22-mile-long canal are more historically significant, according to COID. No part of the canal is currently listed on the National Register of Historic Places.

The nomination includes 17 acres of surrounding land that would become a historic district if approved and listed by the park service. The nominated section of canal is located northeast of the Bend city limits.

Officials at the state and federal levels are also revisiting who can be considered an owner of the canal after COID raised the issue with the park service.

The homeowners who nominated the section have property lines that meet in the middle of the canal. The irrigation district has a 50-foot easement on both sides that allows for access to the canal for maintenance.

A recognized owner can formally object to a nomination. The state preservation office did not recognize the irrigation district as an owner before submitting the nomination to the park service.

Ian Johnson, the interim state associate deputy historic preservation officer, said the irrigation district was kept in the loop throughout the process. But the state took a “narrow interpretation” of who should be considered an owner for the canal’s nomination.

The park service does not consider “individuals, partnerships, corporations or public agencies holding easements or less than fee interests” to be owners when listing a historic site.

The irrigation district submitted comments to the state and argues it has the same rights as an owner with its easement.

Johnson said the office of the U.S. Solicitor General and the Oregon Department of Justice are reviewing the issue of ownership.

The park service’s requested revisions to the nomination are in the process of being sent to the state preservation office.

According to information submitted to the park service, the nominated section of canal has nearly been unchanged since the canal was constructed in 1904. It was difficult to construct the segment because solid basalt rock had to be broken apart and removed,

“This reach is one of the oldest of the entire canal and it also has significant integrity in the type of construction,” said Jeff Perreault, with the Pilot Butte Canal Preservation Alliance, the group of homeowners proposing the historic listing.

The irrigation district is currently working with consultants to determine an area of historic significance on the Pilot Butte Canal and Central Oregon Canal, which it also manages.

“This neighborhood is not one of them,” said Craig Horrell, COID district manager, about the nominated section.

Horrell said the irrigation district is working under an agreement with the state and Bureau of Reclamation to evaluate features of the canal and address any concerns about devaluing its historic nature.

The state preservation office sends up to 30 nominations to the National Park Service every year, Johnson said.

He added it is not unusual for a nomination to be returned, especially if it’s particularly complex. It is also possible to list a portion of the canal and not the rest, he said.

The irrigation district had applied for a Deschutes County code change in connection with the proposed piping of the canal. The three Deschutes County commissioners were unable to reach a decision on the code change and split 1-1. Commissioner Alan Unger abstained from the board vote. County commissioners, however, decided to revisit the application, but COID withdrew it in May. The district said it might resubmit the request after a system improvement plan is completed.

— Reporter: 541-617-7820,

tshorack@bendbulletin.com