Testimony at the Oregon Commission meeting Feb 3, 2009 in Salem opposing SB 76

By Dr. Richard A. Gierak

Bachelor Degrees in Biology & Chemistry, Doctorate in the Healing Arts, Former FERC team member 2001, 2002

Yreka, Ca.

Absurdity of the AIP process

1. Due to the integral nature of both the KBRA document and the AIP document it becomes apparent that this process is in violation of both NEPA and FACA as non signatories to the AIP are excluded from meetings and decisions. On this basis alone the parties to the AIP can expect a property rights, agricultural water users and landowners to file lawsuits prior to the final AIP document. This action alone would abrogate the AIP agreement as stated within same.

2. Nowhere within the protocols and AIP document are proven methods for the restoration of Salmon within California and Oregon Rivers. To restore Salmon you will need to do the following:

A. Lower the temperature of the Pacific by at least 3 degrees (not possible)

B. Change mitigation protocols at all hatcheries per the Sustainable Fisheries document.

C. Control, through treaties with Canada & other nations, the number of landings permitted to sustain the ocean population.

It should be of interest to know that the largest historical run of Salmon on the Klamath River occurred in 1938 after the dams were in place. 

3. The estimated costs for this project are based on a relatively nontoxic sludge problem at the base of the dams. Historically it is known fact that miners utilized mercury and other toxic chemicals during the early part of the 20th century after the dams were in place. This fact alone would indicate extreme measures necessary to remove the sludge at the base of dams costing considerably more than present estimates.

4. To place the burden of this project on the rate payers will place a burdensome cost to homeowners, businesses, cities and agricultural users. Without public input into the AIP process it violates State and Federal laws and will be ruled unconstitutional.

5. Removal of the dams will create an ecological disaster on these rivers as dry summers will produce swamps, marshes and mosquitoes while wet winters will cause inundating floods to landowners and agriculturists.

6. Allowing access above the present dams to Salmon will propagate serious bacterial, viral, fungi and parasite populations to decimate present ecological settings that have been in place for over 100 years.

Thank you for your attention to this matter;