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Washington Water Watch: November Edition

In this issue, an article on recent victory in court on the Leavenworth Hatchery Clean Water Act Case, a story on CELP’s founding director, Rachael Osborn, being recognized by AWRA-WA with their award for Outstanding Contribution to Water Resources, a welcome to CELP’s newest staff member, Emma Kilkelly, information about our December CLE, and more.

Read the November edition of Washington Water Watch here.


Watersheds to Watch: WRIA 29a – Wind River

by Elan Ebeling

WRIA 29a, known as the Wind watershed area, is located in southwestern Washington along the Columbia River, southwest of Mt. Adams. Although the Wind watershed was originally paired with the White Salmon watershed and collectively classified as WRIA 29, the initial planning unit disbanded due to disagreements in 2005. Subsequently, WRIA 29 was split into two separate sub-basin WRIAs, with WRIA 29a encompassing the western half including the Wind watershed and surrounding creeks and streams, and WRIA 29b containing the eastern White Salmon sub-basin area. The WRIA 29a Wind sub-basin includes the Wind and Little White Salmon Rivers, Trout, Panther, Brush, and Rock Creeks, as well as many small tributaries to the Columbia River. These waterways contain populations of Steelhead, Coho, Chum, Chinook, trout, and Pacific lamprey, five of which are listed under the ESA as endangered or threatened.

Although the area is relatively sparsely populated (the largest population centers are the cities of Stevenson and Carson at a combined population of under 4,000), according to the Department of Ecology’s 2012 Focus on Water Availability report WRIA 29 is among the most densely farmed basins in southwestern Washington. Furthermore, expected population increases particularly in the city of Stevenson combined with growing tourism from the burgeoning urban centers of Vancouver and Portland have put a strain on the region’s water resources.

In addition to the concerns of meeting water demands of a growing population, sufficient water is also needed to protect instream resources. The 2005 Watershed Management Plan for WRIA 29a identified high water temperatures on the Wind River and Little White Salmon River and high sediment deposits throughout the basin as specific impediments to threatened salmon runs. Climate models predict reduced snowpack throughout the region leading to lower summer flows and peak flows occurring earlier in the season, which will adversely affect vital fish habitat.

Although the 2005 plan acknowledged the necessity of an instream flow rule to safeguard threatened fish runs against the impacts climate change, it stated the need for more data to be collected on stream flow levels and recommended several studies and the placement of flow gauges. Over the next decade, sufficient data were accumulated via stream flow studies for the planning unit to recommend specific numbers for instream flow rulemaking on several waterways in the basin in the group’s 2015 Detailed Implementation Plan (DIP). In addition, the DIP also proposed the creation of several reservations to meet future water needs of local communities that would have priority over instream flow rules. Due to recent Washington State water case law, however (particularly the 2013 Swinomish v. Ecology decision), a different approach may be needed.  To protect instream flows, schemes for mitigation of new water use should be included in any new proposal.

The concerns of climate change and threatened fish runs are urgent, and conditions will only worsen without meaningful regulation. As a WRIA containing mid-Columbia River tributary rivers and streams, the Wind watershed is crucial for threatened Columbia River salmon and steelhead. CELP urges Ecology to take action to protect vital instream resources by beginning the rulemaking process for WRIA 29a.

If you are interested in helping to secure protections for the Wind watershed, please email CELP at contact@celp.org.


Washington Water Watch: June 2017 Edition

In this issue, find pictures of our recent Celebrate Water event, an update on the Spokane River rule, links to CELP’s Columbia River Treaty media and document library, and an opportunity to speak up for the Hanford Reach National Monument!

Read the June issue of Water Watch here.


Washington Water Watch: May 2017 Edition

In this issue, read about our upcoming Celebrate Water event and a bio of the Ralph Johnson awardee, John Osborn, meet our summer legal intern, learn about our latest victory on Icicle Creek, a recap on the Revelstoke, B.C. One River – Ethics Matter conference, and enjoy an update on the culvert case!

Read the May issue of Water Watch here.


Revelstoke B.C. hosts 4th annual One River – Ethics Matter conference

“The River is sacred.  People will put aside their differences when it comes to the River and bringing back the salmon.”
– the late Virgil Seymour (1958 – 2016) Arrow Lakes (Sinixt) Facilitator for The Confederated Tribes of the Colville Reservation

The May 13 “One River – Ethics Matter” conference opened with a welcome and call from Revelstoke’s Mayor, Mark McKee, for all people to work together on behalf of the Columbia River.  The day was truly remarkable for bringing together Upper Columbia River Basin’s First Nations, religious leaders, and community leaders and volunteers in respectful dialogue on the past and future of the Columbia River.

Free-flowing Columbia River, at Revelstoke B.C. – site of the 4th in the series of international conferences, “One River – Ethics Matter.” Prior conferences were held in Spokane, Portland, and Boise. In 2018, the fifth conference will be in Montana.

Some of the more memorable messages:

  • We do this work – returning the salmon and restoring the waters of the Upper Columbia – for our kids.
  • Indigenous people have been here from time immemorial, and we’ll continue to be here forever.
  • Churches and houses of worship are also symbols of community – and destroying or moving churches with the Treaty dams underscored the wrenching impacts on the people of the Upper Columbia.
  • Indigenous language carries meaning that is deeply important.
  • C. public schools have made major advances in environmental education.
  • All of us need more water rituals in our daily lives.
  • We all need to work together for the River and return of salmon.

First Nation and tribal leadership included Bonnie Leonard (Secwepemc), Sandra Luke (Ktunaxa), Chief Chad Eneas and Rosalie Wilson-Yazzie (Okanagan Nation Alliance), and D.R. Michel (Sinixt, Upper Columbia United Tribes), along with policy experts Bill Green (Canadian Columbia River Inter-Tribal Fisheries Commission) and Jay Johnson (Okanagan Nation Alliance).

Faith leadership included Anglican Archbishop John Privett, Roman Catholic Bishop John Corriveau, and Rev. Greg Powell of the Kootenay Presbytery.

Scholars and educators included Jeannette Armstrong (En’owkin Centre, Syilx scholar), Angus Graeme (President, Selkirk College), and Ariel McDowell (Principal of Aboriginal Education, School District 19).

This is the fourth in a conference series entitled “One River – Ethics Matter” that examines the moral dimensions of the dam-building era with a focus on First Nations (Canada) and Indian tribes (U.S.), and the river and life that depends on the river.

Earlier conferences explored the profound effects of dams from Grand Coulee upstream on tribes and First Nations; how protecting flood plain settlement and development in the Portland area has come at the cost of permanently flooding river valleys and native homelands upstream; and re-licensing of Idaho Power Company’s Hells Canyon Complex of dams to provide passage for salmon now blocked from returning to the upper Snake River.  The Revelstoke conference focused on the catastrophic change that came with permanently flooding the immense river valleys of interior British Columbia as part of the Columbia River Treaty ratified in 1964.

The One River – Ethics Matter conference series is coordinated by the Ethics & Treaty Project.  The project is jointly hosted by CELP and Sierra Club.

Additional Revelstoke Links

Revelstoke Conference hosts:

North Columbia Environmental Society, Mir Centre for Peace, Selkirk College, Okanagan College Faculty Association

Revelstoke Conference sponsors:

Joan Craig, MD * Roman Catholic Diocese of Nelson * Archbishop John Privett, Anglican Diocese of Kootenay * Ktunaxa Nation Council * Upper Columbia United Tribes * Laurie Arnold PhD * North Columbia Environmental Society * Sierra Club BC * Yellowstone to Yukon * Evangelical Lutheran Church in America, Southwestern Washington Synod * Citizens for a Clean Columbia * Columbia Institute for Water Policy * Backcountry Hunters and Anglers, Washington State Chapter * Sierra Club, Washington State Chapter * Tom Soeldner & Linda Finney * Center for Environmental Law & Policy * Rachael & John Osborn

 


Washington Water Watch: April 2017 Edition

In this issue, learn about WRIA 56 Hangman Creek in the latest post of the Watersheds to Watch blog series, learn about CELP’s upcoming participation in GiveBIG, sign up to paddle the Hanford Reach with John Roskelley, and meet our office puppies!

Read the April issue of Water Watch here.


CELP Receives $200,000 from Columbia Riverkeeper Lawsuit Settlement

by Trish Rolfe

CELP has a long history of working to protect the Columbia River Watershed, and now thanks to Columbia Riverkeeper, we can do even more work. Last week the Federal District Court for the Eastern District of Washington entered an agreement settling a Clean Water Act case between Columbia Riverkeeper and Sandvik Special Metals, LLC.

This case began in 2015, after Sandvik reported that it discharged more ammonia and fluoride into the Columbia River than the company’s water pollution permit allowed. Under the agreement, Sandvik will update its water pollution control technology and fund several substantial projects to improve water quality in the Columbia River and its tributaries in Eastern Washington.

CELP was selected to receive funding from this settlement to work protect and restore streamflow and water quality in the mid-Columbia River basin to support endangered salmon and steelhead, other aquatic life, and recreational opportunities. The Columbia River, many of its tributaries, and their aquatic resources are negatively impacted by low or altered streamflow. Low streamflow causes or exacerbates many of the water quality problems that impact aquatic life in the Columbia River basin, such as high water temperatures, low dissolved oxygen levels, and high concentrations of pollutants.

CELP’s work to protect water quantity and streamflow in the mid-Columbia basin will consist of:

2. CELP’s Mid-Columbia Basin Instream Flows Initiative

Water quantity and water quality are closely connected, especially with respect to water temperature. Setting enforceable minimum instream flow requirements in tributaries of the Columbia River will help protect water quality in these tributaries and ensure that endangered Columbia River salmon and steelhead have adequate spawning and rearing habitat. Increasing instream flow in Columbia River tributaries could also enhance thermal refugia in the mainstream Columbia River at the mouth of these tributaries, which are used by migrating adult salmon and steelhead.

The State of Washington is obligated, under statutory programs, the public trust doctrine, and U.S.-Tribal treaties, to protect and sustainably manage river flows. Since 1969, state law has explicitly directed state agencies to adopt rules to protect instream flows for public benefit in each watershed. Nonetheless, formal instream flow protections have been adopted for only one-third of Washington’s watershed. Many of the remaining unprotected watersheds are tributaries to the Mid-Columbia River in central Washington.

CELP’s Mid-Columbia Basin Instream Flows Initiative would examine which Columbia River tributaries in central Washington currently do not have mandated minimum instream flows. Some of the unprotected tributaries in the Mid-Columbia basin include the Wind, White Salmon, Klickitat, Palouse, Pend Oreille, and Sanpoil rivers, and Rock and Glade creeks.

2. CELP’s Ethics & Treaty Project

CELP’s Ethics & Treaty Project focuses on working with tribes and conservation organizations to advocate for modernizing the Columbia River Treaty. The mission of CELP’s Ethics & Treaty Project is to modernize the Columbia River Treaty to promote the common good through stewardship and justice, while encouraging respectful dialogue and an international water ethic for the Columbia River.

Specifically, CELP seeks to support efforts to include “ecosystem-based function” as a new primary purpose of a re-negotiated Columbia River Treaty, on equal footing with the Treaty’s two current purposes: hydropower and flood risk management. As part of this effort, we would support work to restore fish passage to the Upper Columbia River, including all watersheds where salmon historically migrated, including the Spokane and Pend Oreille River basins.

CELP’s Ethics & Treaty Project will continue to focus on public outreach and education. Thus far, we have hosted Ethics & Treaty conferences all over the Pacific Northwest and Canada, and we hope to host several more in the coming years in Montana and in British Columbia. We will also host roundtable calls to connect tribes, conservation groups, and citizens from Canada & the U.S. who are interested in modernizing the treaty. Facilitating these outreach and organizing activities across several western states and provinces requires a significant commitment of staff time and resources. This funding would allow CELP to intensify and extend its Ethics & Treaty Project to advocate on both sides of the border for a re-negotiated Columbia River Treaty that recognizes the importance of maintaining the Columbia’s ecosystem-based function.

Read more about the case in the Tri-City Herald.


Watersheds to Watch: WRIA 56 Hangman (Latah)

by Elan Ebeling
 

Hangman or Latah Creek, originates in the foothills of the Rocky Mountains in Idaho, and flows across the border into Washington, where it stretches through the city of Spokane and joins with the Spokane River. WRIA 56 encompasses the section of the creek in Washington State, starting from the border with Idaho.

The Hangman Creek Watershed has a long history of agriculture. In the early part of the 20th century, thousands of acres of forest were cleared for farming. Modifications to straighten stream channels, and new irrigation channels and ditches resulted in erosion, poor water quality and increased flash flooding that continues in the present day.

Agriculture continues to be the most significant use of land in the Hangman Creek Watershed (about 65%), and a century of heavy farming and population growth has taken its toll on water quantity, quality, and fisheries. According to the Hangman Creek Water Resources Management Plan, during the summer months, the average flow is below 3 cfs. Low flows also contribute to temperature and water quality issues. Hangman Creek has been described as “one of the most degraded waterbodies in eastern Washington State,” and fails to meet Washington State water quality standards for temperature, fecal coliform, and pH. In addition, the degraded water from Hangman Creek flows into the Spokane River every year along with heavy sediment from erosion, contributing to algae blooms and other water quality issues on the Spokane.

Although the creek’s native name Latah means “fish” in Nez Perce, few remain in Hangman Creek. As a result of the region’s long history of agriculture, fish habitat has gone through dramatic changes in the last century. While Hangman Creek once had healthy populations of native redband trout, salmon, and steelhead, the alterations made to vegetation patterns and channels to accommodate farming, as well as increased sediment and temperature in the river has resulted in heavily reduced populations of trout, and near nonexistent populations of other game fish.

These problems have been exacerbated by the proliferation of domestic permit exempt wells, and the over allocation of water rights. Ecology’s Water Availability Report states that the Department of Fish and Wildlife has limited most surface water sources in Hangman Creek through Surface Water Source Limitations, and that the majority of water has already been appropriated.

An instream flow rule for WRIA 56 is crucial to the future of Hangman Creek to protect critical fish habitat and combat worsening water quality, yet none exists. The Hangman Creek Watershed Planning Unit was unable to come to a consensus on exact values for instream flow recommendations by the time their 2005 Watershed Management Plan was published, but agreed that they wanted an instream flow rule. What’s more, their plan stated that they would notify Ecology if a consensus could not be reached in the next phase of planning, and expected Ecology to complete the process and enact a rule if necessary.

Despite the completion of an instream flow study on Hangman Creek, no rule exists for WRIA 56, and information on the current status of rulemaking is sparse. Although setting instream flows will not solve Hangman Creek’s severe pollution and erosion issues, it is critical to preserve what little water remains, as population growth predictions and increased demand for water resources only point to more issues in the future. As acknowledged by the WRIA 56 planning unit, rulemaking is ultimately the responsibility of the Department of Ecology. CELP urges Ecology to act now to develop an instream flow rule to protect the Hangman Creek watershed.

If you are interested in helping to secure protections for the Hangman Creek watershed, please email CELP at contact@celp.org.


Washington Water Watch: March 2017 Edition

The March issue of Washington Water Watch features an interview with CELP’s newest board member Patrick Williams, our latest Voices for Water interview with Chairman Chief James Allan of the Coeur d’Alene Tribe, CELP’s 2016 Annual Report, and a call to action to speak up for the Similkameen River in Okanogan County.

Read the March issue of Water Watch here.