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Federal
agencies say remand will not evaluate dam breaching
The BiOp remand
Policy Working Group is convening a meeting June 28 of all parties to the
FCRPS lawsuit to discuss the remand collaboration update that will be presented
to Judge Redden in July. This will be the first �all parties� meeting since
plaintiffs and intervenors requested that the remand include analysis of
removal of the four Snake River dams.
American Rivers asked for analysis to include removal of the four lower Snake River dams. The Yakama, Umatilla and Nez Perce Tribes supported this request. The
Umatilla�s request was to study an �aggressive non-breach� approach that
included drawdown of the lower Snake River and the John Day reservoirs to
spillway crest, well below Minimum Operating Pool. The Yakama Nation
supported this request.
In separate response letters, Robert Lohn, NOAA Regional Administrator on
June 13 and Witt Anderson, Corps of Engineers� Chief of the District Support
Team on June 5 both said that the federal agencies would be analyzing
operations that were consistent with the authorized project purposes and
within the agencies� implementing authorities. Dam removal and spillway level
operation are not being evaluated.
The meeting is open to all parties to the lawsuit and non-party Tribes. The
meeting will be held from 9:00 am to 12:00 noon at the CRITFC office, 729 NE Oregon, Suite 200, in Portland. A call in number is also available.
Contact Glenn Vanselow or 503-234-8551 if
you would like to participate by phone.
Reps. Blumenauer, Hooley,
McDermott and Adam Smith seek analysis of dam removal
Representatives
Earl Blumenauer (D-OR) and Thomas Petri (R-WI) coauthored a June 16, 2006
letter to the Administrator of NOAA cosigned by Representatives Darlene
Hooley (D-OR), Jim McDermott (D-WA), Adam Smith (D-WA), and 97 other members
of Congress. The letter urges NOAA to �join us in working to restore self-sustaining,
harvestable populations of wild salmon to the Columbia and Snake Rivers.�
The letter states, ��last year, many of the Columbia and Snake�s salmon
populations were at levels even lower than they were when they were first
listed under the Endangered Species Act in the early 1990s. And for several
stocks of Pacific salmon, current returns are shaping up to be even worse.�
The Representatives told NOAA, �For these reasons, we urge that all
scientifically credible options � including modified versions of present
policies, partial removal of the four dams on the lower Snake River, and
acquisition of significant additional water for flow augmentation � be
considered with equal rigor and seriousness.�
We are pleased that members of Congress are concerned about the health of the
Columbia Snake River System. However, we believe their interest could be more
productively directed with a better understanding of the facts behind some of
the statements contained in the letter. The letter implies that dam breaching
and massive flows are scientifically credible and have not been adequately
considered. That is not true. Dam breaching has been analyzed and rejected in
numerous detailed analyses, including the 2002 EIS on Snake River operations.
More water for flow augmentation has been rejected by Judge Redden. Redden�s
ruling cited the Independent Scientific Advisory Board�s conclusion that the
assertion that increasing flows results in a proportional increase in
survival is no longer valid.
Thirteen Columbia Basin fish runs have been listed as threatened or
endangered under the ESA. Four spawn in tributaries below Bonneville Dam and
do not pass through any dams. Five return to the Columbia River above
Bonneville, but do not pass the Snake River dams. Only four pass the Snake River dams, the target of proposals for breaching.
The letter states that many salmon populations are smaller today than when
they were listed. That is not true for the four listed Snake River runs or
the five listed Columbia River runs that pass Bonneville. The ten year
average from 1996 to 2005, as reported by the Washington Department of Fish
and Wildlife, presents a good picture of salmon returns. Snake River
spring/summer chinook counted at Lower Granite Dam numbered 24,405 when
listed in 1992. The ten year average is 59,212. Snake River fall chinook were
listed in 1992 with only 855 fish passing Lower Granite. The ten-year average
is 7,100. Snake River steelhead were listed in 1997 with a count of 85,880 at
Lower Granite. The ten-year average is 140,006. Even Snake River sockeye have
increased from 14 fish passing Lower Granite when listed in 1991 to a
ten-year average of 85. Similarly, increases between 50% and 400% since
listing have been recorded for all five Columbia River runs.
PNWA urges NOAA and the other federal agencies to reject this request and
focus, instead, on actions that will have a positive benefit for salmon, are
within the authorities of the agencies to implement, and can be implemented
within the ten-year time frame of the new BiOp. Attempts to put dam breaching
and massive flows back on the table will divide the region and divert
millions of dollars and the energy of the region away from more constructive
measures that can be implemented now and provide immediate benefits for fish.
Staff contact: Glenn Vanselow or 503-234-8551
Supreme Court rules on
wetlands to uncertain effect
The Supreme
Court ruled on June 19 that there are limits to the federal government�s
authority to regulate wetlands under the Clean Water Act. However, the ruling
did little to clarify which lands can and cannot be regulated. In question is
just how direct the link needs to be between the regulated wetland and �navigable
waters of the United States�.
Justice Scalia, with concurrence from Chief Justice Roberts and Justices
Thomas and Alito, wrote, �The phrase �the waters of the United States�
includes only those relatively permanent, standing or continuously flowing
bodies of water �forming geographic features� that are described in ordinary
parlance as �streams,� �oceans, rivers and lakes,� and does not include
channels through which water flows intermittently or ephemerally, or channels
that periodically provide drainage for rainfall.�
Justice Kennedy voted with the majority, but criticized Scalia�s opinion. In
his own opinion, Kennedy offered a different standard. He wrote, �wetlands
possess the requisite nexus, and thus come within the statutory phrase �navigable
waters,� if the wetlands, alone or in combination with similarly situated
lands in the region, significantly affect the chemical, physical, and
biological integrity of other covered waters understood as navigable in the
traditional sense.�
Some believe that this ruling will allow ports to develop in areas previously
closed to them. However, comment from both sides on the issue lamented that
the ruling did not provide a clear definition of jurisdictional wetlands.
Chief Justice Roberts said the result was confusing and that lower courts and
regulated entities will now have to feel their way on a case-by-case basis.
PNWA joins national
navigation funding effort
PNWA joined the
National Association of Manufacturers and other national organizations in seeking
an increase in funding for the nation�s inland waterways navigation.
In a June 26, 2006 letter to the Chairman and Ranking Members of the Energy
and Water Subcommittee of the U.S. Senate Appropriations Committee, we
requested that the U.S. Army Corps of Engineers operations and maintenance
funding for inland waterways be increased to $100 million above last year�s
FY2006 appropriation.
The join letter supports PNWA�s efforts to increase funding for Corps
navigation projects throughout the Northwest.
For an updated copy of the PNWA appropriations request, please visit www.pnwa.net
PNWA Mid-Year Meeting a resounding
success
Our 2006
Mid-Year Meeting was a resounding success at the Salishan Lodge & Conference Center at the Oregon Coast. With guest speakers and members having input
to the U.S. Army Corps of Engineers regarding the reprogramming of funds and what
is to be expected of the upcoming year in Congress, with the federal agencies
and in court. A key part of the discussions was what members of PNWA can do
to support the U.S. Army Corps of Engineers and the agencies in reaching the
goals of PNWA.
A special thanks is due to all our speakers and our honored guests. Onno
Husing, Director, Oregon Coastal Zone Management Association (OCZMA), Mike
Carrier, Natural Resources Policy Director to the State of Oregon, Karen
Durham-Aguilera, Director, Programs, U.S. Army Corps of Engineers
Northwestern Division, Carol Angier, Civil Works Deputy, Northwestern
Division Regional Integration Team, U.S. Army Corps of Engineers HQ.
Our speakers and topics ranged widely from industry leaders to the Federal
Government, from project funding, endangered fish, alternative energy to
coastal issues. All were issues that are pertinent to the Pacific Northwest
region.
All of these topics led to better understanding and communication on issues
of great importance to the future of this region. PNWA and its members look
forward to continuing a productive 2006.
All available presentations will be at www.pnwa.net on Friday, June 29th.
For all members, we urge you to attend our 2006 Annual Meeting in Tacoma, Washington on October 11-13. The Annual Meeting allows the opportunity for input
into PNWA Policies & Projects for 2007 and plays a major role into what
issues and topics will be discussed during our 2007 Mission to Washington on March 4-9, 2007.
Rep. Baird holds permitting
meetings on July 6th
Rep. Brian
Baird (D, WA-3) is holding a series of meetings on Thursday, July 6th to
discuss ways to streamline the federal and state permitting process. Rep.
Baird has been a leader in this effort, and has worked with PNWA staff over
the years on several initiatives, most recently authoring successful
legislation to extend Section 214 funding authority.
PNWA strongly encourages its members in southwest Washington to attend one of
the following meetings on July 6th:
Vancouver: 9:30-11:00am, Clark PUD, Community Room, 1200 Fort Vancouver Way
Longview: 1:00-2:30pm, Cowlitz PUD, Community Room, 961 12th Avenue
Centralia: 3:30-5:00pm, Centralia College, Hanson Admin Bldg., 600 W. Locust
Street
Please RSVP to Kelly Love in Rep. Baird�s
office at 360-695-6292
House Water & Power
Subcommittee hearing in Pasco on July 7th
The House Water
and Power Subcommittee (Resources Committee) is holding a field hearing on
"Electricity Costs and Salmon: Finding a Balance" on Friday, July
7th at 9:00am. The hearing will be held at Columbia Basin College�s Gjerde Multipurpose Facility, 2600 N. 20th Avenue in Pasco. The hearing will be used
to gain input as Congress works to protect hydropower, improve energy
policies and bring common sense to the Endangered Species Act.
�Electricity ratepayers in the Pacific Northwest are being hit from all
angles, said Rep. Cathy McMorris (R, WA-05), Vice-Chair of the Water and
Power Subcommittee. �The low-cost hydropower resources that have fueled our
economy for generations are being compromised by a number of factors. Eastern Washington�s families and businesses deserve answers about increasing energy
prices. This hearing will help provide those answers and solutions in helping
to keep energy rates low and maintaining the multipurpose use of our river
system.�
Rep. Doc Hastings (R, WA-04) will testify at the hearing, and a complete list
of witnesses will be announced shortly. PNWA strongly encourages its members
in the area to make time to attend this important hearing.
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