Judge's
Ruling A Major Boost for
Klamath
Dam Removal Plan
by Dan Bacher
Thursday Sep 28th, 2006 11:54 AM
Decision will likely prompt rewrite of FERC’s draft
license
P R E S S R E L E A S E
KARUK TRIBE YUROK TRIBE
For Immediate Release: September 27, 2006
Contact: Craig Tucker, Klamath Coordinator, Karuk Tribe, 530-627-3446 x3027/
(c)916-207-8294
Troy Fletcher, FERC Negptiator, Yurok Tribe, 530-625-4015
Happy Camp and Klamath, CA – After weeks of inaction, this
week saw a flurry of activity in the relicensing of PacifiCorp’s aging
Klamath River dams. The latest development is a judicial decision that may
force the Federal Energy Regulatory Commission to amend the draft
Environmental Impact Statement released Monday to include millions of
dollars’ worth of fish ladders.
Although the Judge was not asked to consider dam removal, his ruling could
result in that outcome. According to FERC’s own analysis, dam removal would
cost PacifiCorp and its ratepayers less than installing fish ladders.
Tribes, fishermen, conservation organizations and others are demanding removal
of the lower four dams because they have led to steady declines in salmon and
steelhead populations since their construction began in 1918.
The dams block over 350 miles of salmon habitat , degrade water quality and
host massive blooms of toxic blue green algae. PacfiCorp’s dams have
resultedin fishing restrictions along 700 miles of coastline, crippled
economies, and arean assault on native cultures that depend on salmon and
other Klamath fish for subsistence and ceremonial use.
“We voiced disappointment Monday when we saw that FERC staff was
recommending a ‘trap and haul’ plan. Today, a federal Judge set the record
straight,” said Karuk Vice-chairman Leaf Hillman of the Judge’s ruling.
The ruling is the result of a trial type hearing established by last year’s
Energy Policy Act. The Act essentially changed the dam relicensing process by
providing companies such as PacifiCorp an opportunity to challenge fish
passage prescriptions set forth by federal agencies.
Last March, NOAA Fisheries and the US Fish and Wildlife Service prescribed
‘volitional’ fish passage in order for the dams to be relicensed. In other
words they demanded that salmon, steelhead and lamprey swim upstream as
opposed to hitching anuncertain ride in trucks. NOAA went as far as
recommending dam removal as the best means to achieve this.
PacifiCorp challenged the agencies’ prescriptions, calling for a hearing on
disputed issues of fact. However, PacifiCorp lost on every substantive issue.
“It was an historic moment,” explains Troy Fletcher, FERC negotiatitor for
the Yurok Tribe, “for the first time all the Tribes, fishermen,
environmentalists, and federal agencies were supporting one another as we
fought off PacifiCorp’s challenge. We have never ALL been on the same page
at once before.”
One of the most significant issues the Judge ruled on has to do with fish
habitat between the dams. The Judge stated that,”While the exact miles of
habitat for use by anadromous fish within the Project reach is unknown, 58
miles is a reasonable estimate based on the evidence contained in the
record.” This establishes that there are 58 miles of habitat for the ESA
listed coho salmon in between the dams.
PacifiCorp had argued that the reaches of river between the dams was
unsuitable for salmon while at the same time arguing that things were great
for resident trout populations. “Obviously, salmon, including threatened
coho, would use the same habitat that resident trout currently use.
PacifiCorp’s lawyers were essentially contradicting themselves as they
desperately fought for status quo,” according to Mike Belchik, a biologist
for the Yurok Tribe and key expert witness in the proceeding.
This ruling along with the sediment analysis filed yesterday by California
agencies, will likely force significant changes to FERC’s draft EIS. The
sediment study showed that no toxins reside in the dams’ sediment load and
that the amount of sediment flushing down river after dam removal would be
less than previously suspected. Now, say Tribes, FERC will likely be forced to
include the agency’s mandates in a new license - that means millions of
dollars worth of fish ladders.
“Our analysis, as well as FERC’s, concludes that dam removal is cheaper
for PacifiCorp’s ratepayers than relicensing. This means that doing the
right thing makes economic sense for PacifiCorp,” adds Hillman.
Still, nothing is set in stone. Everything is in draft form and Tribes are
prepared to follow the proceeding closely. Comments on FERC’s draft EIS are
due in 60 days and the current license expires in March, 2007.
Hillman concludes, “We’re ready to negotiate a fair settlement with
PacifiCorp. Hopefully this ruling will motivate the company to do the same.”
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