Dam owner takes hit from regulators

October 1, 2008

California water quality regulators have said they believe an application from the owner of the Klamath River dams, which was looking to operate the hydropower project with only minor changes in the future, doesn't fit state law.

The State Water Resources Control Board's staff on Tuesday said that Pacificorp's application isn't legally feasible. The regulators said in a notice to prepare an environmental impact report that they would instead review a number of other alternatives to determine if they will improve water quality in the troubled river, and bring that before the public.

Because Pacificorp's proposal to operate the dams under a new license doesn't take into consideration federally required conditions, it isn't legally feasible, the staff said. The report will look into a Federal Energy Regulatory Commission proposal that incorporates fish ladders into its design, two proposals that consider removing dams, and any proposal that arises out of settlement talks among stakeholders.

Pacificorp in July pulled its water quality permit application, which it needs to operate the dams, saying it was hoping to facilitate a settlement with regulators, tribes, local governments and environmental and fishing groups. Pacificorp refiled the application weeks later.

Now, federal and state regulators are looking to broker an agreement on a settlement to present to the groups, but are not including them in the talks.

Pacificorp spokesman Art Sasse said that the document is only the beginning of the water quality certification process, and that the board itself will make a final decision.

”We've got a long way to go in this,” Sasse said.

Craig Tucker, Klamath campaign coordinator with the Karuk Tribe, accused Pacificorp of using the process to stall progress toward dam removal.

”They're still wasting people's time,” Tucker said.