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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.


Washington Water Watch: February Edition

Check out CELP’s February edition of Washington Water Watch! In this issue: an update on water legislation making its way through the State Legislature, an article on the Grays-Elochoman & Cowlitz watersheds, and updates on our upcoming events.

Read the February issue of Water Watch here.

 


Boise Conference on Ethics, Hells Canyon Dams, and the Columbia River Treaty – March 14, 2016

News Advisory

Contacts:

Conference:

  • When: March 14, 8:30am-4:00pm
  • Where: Boise State University, Student Union Building
  • Cost: Free and open to the public
  • RSVP:  www.celp.org/ethics-boise/
  • RSVP Deadline: March 10

Religious and tribal leaders from the Snake River and Columbia Basins will lead a one-day conference on ethics and the future of the Columbia and Snake Rivers. The conference is spurred by two events: re-negotiation of the U.S.-Canada Columbia River Treaty, and re-licensing of Idaho Power Company’s Hells Canyon Complex of dams.

Many are unaware of the Snake River and Columbia River dams’ negative effects to native people, and the exclusion of native people from the decisions to build them. Speakers will explore ethical frameworks for these decisions that embrace indigenous people, salmon and the waters of both rivers. Native people impacted directly by dam-building will describe past and present effects on their people and cultures, and native and religious leaders will describe opportunities to modernize river management that promote justice for all people and the health of the river.

This is the third in a conference series titled “One River, Ethics Matter,” to explore the moral dimensions of the dam-building era, with a focus on Indian tribes and First Nations, and the rivers themselves. The Columbia River Pastoral Letter, issued by Northwest Catholic bishops in 2001, provides a foundation and framework for the conference series. This series is modeled on South Africa’s Truth and Reconciliation public dialogue in the wake of apartheid. This Boise conference follows two in Spokane and Portland.

Speakers include: Charlotte Rodrique, chair of the Burns-Paiute Tribe; Pauline Terbasket, director of the Okanagan Nation Alliance in British Columbia; Bishop Martin Wells, Eastern Washington-Idaho Lutheran Synod; Ted Howard, cultural resources director of the Shoshone-Paiute Tribes; Leotis McCormack, Nez Perce Tribal Executive Committee; and Rabbi Daniel Fink of Congregation Ahavath Beth Israel in Boise.

Earlier conferences in Spokane and Portland explored the profound effects of dams from Grand Coulee upstream on tribes and First Nations, and 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. The Boise conference will examine companion issues in the Snake River as well as the Columbia.


Hosted by
Departments of Anthropology and Political Science & School of Public Service
Boise State University

January/February Edition of Washington Water Watch is Out!

Check out the latest issue of Washington Water Watch!

This edition features water issues in the legislature, an update on Dungeness River litigation, and news about the WSU Water plan and Columbia River Treaty letter. Meet our new Development and Outreach Coordinator and learn about our upcoming events in Spokane and Idaho, our call for photos and stories and more.


CELP Joins 50 Organizations in Letter to Policymakers on Columbia River Treaty

Conservation, fishing and faith communities call for U.S and Canadian government collaboration as an essential step towards modernizing the Columbia River Treaty to protect the environmental values of this important trans-boundary river.

Fifty-one organizations and associations from the Northwest region of the United States and Canadian province of British Columbia sent a letter today to top policymakers on both sides of the border urging them to jointly develop and share critical information as an essential step to protecting and restoring the Columbia River and its watershed in advance of negotiations to modernize the 52-year old U.S.-Canada Columbia River Treaty.

Signers of this letter include leaders from conservation, commercial and recreational fishing, and faith communities. They represent millions of people in both countries. The letter is addressed to Canada’s Minister of Foreign Affairs Stephane Dion; United States Secretary of State John Kerry; and British Columbia’s Premier Christy Clark.

A copy of the letter can be downloaded here:

http://www.wildsalmon.org/images/stories/PDFs/Fact_Sheets/CRT.US.CA.Ltr.final.us.pdf
“Modernizing the Columbia River Treaty to meet the challenges of the 21st Century must focus on protecting and restoring the health of this important river and its watershed,” said Martin Carver of Nelson, British Columbia. Mr. Carver is among the non-governmental leaders in Canada working with those in the United States to broaden the Treaty’s current scope to include a new purpose that prioritizes the protection and restoration of the Columbia River.

The scope of the original Treaty of 1964 was limited to just two purposes: coordinated power production and flood management. The impending negotiations provide an opportunity to elevate the ecological needs of the river and address the mounting impacts of climate change.

“The organizations signing this letter represent millions of people who understand that the health of the Columbia River and the interests of communities in both nations will be best served by Treaty negotiations based on collaboration rather than competition,” stated Joseph Bogaard, executive director of the Save Our wild Salmon Coalition. “Though the Columbia River might span two countries, it is one river within its own watershed. Our two nations need to work together to manage and protect it as a single system.”

The letter states that the greatest ecological benefit will be achieved “if all stakeholders can access and use a common analytic base. The modeling process should be transparent and informed by our combined best available science.”

The coordinated development and sharing of information between the two countries has occurred before. The U.S. and Canada created an international board prior to the original Treaty negotiations to produce common technical analyses and evaluations for both nations. The letter urges policymakers in both countries to “examine this precedent for a common analytic base, and [to] update and expand it with modern tools, collaboration, and transparency.”

“The health of the Columbia River’s ecosystem was compromised from overdevelopment in the last century and now climate change in this one,” said Greg Haller, conservation director for Pacific Rivers. “A modernized Treaty must protect and restore the health of the river, its fish and wildlife and help ensure that its communities are more resilient to the intensifying effects of climate change.”

The letter cites the restoration of wetlands and floodplains, minimizing the impact of dam operations on terrestrial and aquatic ecosystems, and the reintroduction of salmon into Canada as examples of what’s needed to improve the ecology of the river. “The Canadian portion of the river was heavily impacted by the construction of dams pursuant to the 1964 Treaty” said Bob Peart, executive director of the Sierra Club of BC. “Treaty modernization offers the best chance for restoring some of the ecological values and environmental services that were lost when the dams were built and that continue to be impacted on a daily basis. The health of the river will benefit if both nations work together towards mutual environmental goals.”

The 2,000 km long Columbia River originates in the Canadian province of British Columbia before flowing south into Washington State. It has been heavily dammed primarily for power, water storage and flood management. The Treaty was first established by the United States and Canada in 1964 to coordinate power production and flood management on the Columbia River. Important provisions of the Treaty are set to expire in 2024 and a window to update or modernize the Treaty opened in September 2014. Over the past 5 years in anticipation of 2024, both nations have begun preparing for negotiations.


Thanks to the Kalispel Tribe for Their Contribution to the Columbia River Ethics & Treaty Project!

All of us at the Center for Environmental Law & Policy would like to thank the Kalispel Tribe for their generous donation towards our work on the Columbia River Ethics and Treaty Project. The mission of the 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. The Ethics & Treaty Project is a joint project of CELP and Sierra Club, working with the 15 Tribes with natural resource authorities in the Columbia River Basin and also First Nations in the Basin.


Portland Conference on Ethics, Columbia River Treaty

News Advisory:  October 13

Regional river ethics conference to focus on Portland’s floodplain development, international impacts, modernizing the Columbia River Treaty

Contacts:

  • Steve Kolmes, PhD, University of Portland (503) 943-7291 kolmes@up.edu
  • Jim Heffernan, Columbia River Inter-Tribal Fish Commission (503) 731-1303 hefj@critfc.org
  • John Osborn MD, Ethics & Treaty Project (509) 939-1290 john@waterplanet.ws

Conference:

  • When: October 24, 8 a.m. – 4 p.m.
  • Where: University of Portland – Buckley Center Auditorium
  • Cost: Free and open to the public
  • RSVP: Belgin Inan inanb@up.edu  503.943-8342
  • RSVP deadline: October 16

Links:

One month after Pope Francis spoke to Congress, the people of the Portland region are invited to join in a discussion about ethics and the future of the Columbia River Treaty that governs water management in the river basin. The conference will open with comments from Bishop William Skylstad on the Columbia River Pastoral Letter and Leotis McCormack (Nez Perce Tribe and Columbia River Inter-Tribal Fish Commission) on indigenous people, salmon, and the river. Next, tribal elders and others impacted directly by the dam-building era will describe epic losses suffered in the Columbia Basin.  The conference will conclude with a panel discussion about the important opportunity to modernize the Columbia River Treaty through upcoming negotiations between Canada and the United States.

Portland’s conference location is near the site of the 1948 Vanport Flood. While power development objectives initiated discussion with Canada in 1944 about a water treaty, the Vanport Flood accelerated the technical studies that led to the Columbia River Treaty. Edward Washington survived the Vanport flood and will recall what happened to his family and community on that terrible day. Crystal Spicer, from interior British Columbia, will describe the Treaty dams’ impacts on her family, neighbors, and the Upper Columbia, including the forced relocation of 2,300 people from family and ancestral lands that were flooded under the Treaty. The conference will explore various measures that can be used to right historic wrongs resulting from the dam-building era such as restoring salmon to historical spawning areas now blocked by dams, and improving floodplain management in the face of climate change.

Modeled on South Africa’s “Truth and Reconciliation” public meetings, the “One River, Ethics Matter” conference series explores the moral dimensions and impacts of the dam-building era with a focus on tribes, First Nations, salmon and the river. Gonzaga University hosted the first conference in Spokane in May 2014, where religious leaders issued the Declaration on Ethics & Modernizing the Columbia River Treaty. The October 24th conference is the second conference in the series and focuses on flood risk management, climate change, justice, and stewardship.

International water conflicts are a growing global risk in the face of climate change.  “One River, Ethics Matter” uses the Columbia River Pastoral Letter and builds upon the tools used by international water forums to help establish a water ethic as a foundation for modernizing the Columbia River Treaty.

___________________

Hosted by the University of Portland

___________________

Sponsors:

McNerney-Hanson Chair in Ethics  *  Columbia River Inter-Tribal Fish Commission  *  Columbia Basin Revitalization Coalition  *  Environmental Studies Department, University of Portland  *  Okanagan Nation Alliance  *  Upper Columbia United Tribes  *  Ecumenical Ministries of Oregon  *  Upper Snake River Tribes Foundation  *  Pacific Rivers Council  *  WaterWatch of Oregon  *  Citizens for a Clean Columbia  *  Columbia Riverkeeper  *  Salmo Watershed Streamkeepers Society  *  Sweo Chair in Engineering  *  Center for Environmental Law & Policy  *  The Roskelley Family  *  Molter Chair in Science   *  Save Our Wild Salmon  *  Garaventa Center for Catholic Intellectual Life and American Culture  *  Columbia Institute for Water Policy  *  Loo Wit Group, Sierra Club  *  Backcountry Hunters and Anglers, Washington State Chapter  *  ATRIA  *  Francis Maltby  *  Oregon Chapter, Sierra Club  *  Oregon Synod, Evangelical Lutheran Church in America

 


September Edition of Washington Water Watch Is Out!

Dry Orchards in Benton County - Photo from WA Dept of Ecology

Dry Orchards in Benton County – Photo from WA Dept of Ecology

Check out the September edition of our newsletter, Washington Water Watch. You will find an article on our recent legal action to stop pollution from the Leavenworth Hatchery, Ecology’s new Reclaimed Water Rule, an update on our H2KNOW campaign, and information about a conference we are sponsoring about modernizing the Columbia River Treaty, “One River. Ethics Matter”. You will also find information about CELP’s upcoming events.

Click here to read more.


Your RSVP requested: Portland Conference Oct. 24

Save the Date: Saturday October 24 at the University of Portland


Pastoral LetterModernizing the Columbia River Treaty

One River.

Ethics Matter.
____________________

One month after Pope Francis speaks to Congress, we invite you to join us at the University of Portland’s Buckley Center Auditorium on Saturday, October 24 from 8 am – 4 pm, for a discussion about ethics and the future of the Columbia River. This event is free and open to the public, and lunch will be provided.

Modeled on South Africa’s “Truth and Reconciliation” public meetings, “One River, Ethics Matter” is a conference series exploring the moral dimensions of the impacts of the dam-building era with a focus on tribes, First Nations and the river itself. Gonzaga University hosted the first conference from which issued the Declaration on Ethics & Modernizing the Columbia River Treaty signed by religious and indigenous leaders and many others. Please join us for the second of these conferences with a focus on flood-risk management, climate change, justice, and stewardship. We’ll explore measures to correct historic injustice — including less environmentally damaging options to protect Portland from floods and restoring salmon to ancestral spawning grounds. Support is growing to expand the treaty’s original purposes (flood risk management and hydropower) by adding a third purpose: “ecosystem function” to restore health to the Columbia River, including the return of salmon to ancestral spawning waters.

The Portland conference will open with Bishop William Skylstad, the force behind the Columbia River Pastoral Letter, and Leotis McCormack (Nez Perce Tribe and Columbia River Inter-Tribal Fish Commission) speaking on indigenous people, salmon, and the river. Other speakers will include Virgil Seymour who will describe the fate of the Sinixt Nation located in the Upper Columbia and declared “extinct” by Canada in 1956 during Treaty negotiations with the United States.  Crystal Spicer will describe the valiant effort by her father to save their family home and farm while 2,300 people were forced by the B.C. government to relocated. The conference will conclude with a discussion of the current opportunities to modernize the Columbia River Treaty that governs management of the River, while underscoring the need to revisit flood risk management.

International water conflicts are a growing global risk in the face of climate change.  “One River, Ethics Matter” intends to use the Columbia River Pastoral Letter and the tools used by hospital ethics committees to help establish a water ethic as foundational for international decisions on water.

RSVP contact:  Belgin Inan inanb@up.edu 503.943.8342

RSVP deadline:  October 16  

Conference Poster  print ~ post ~ share

Link to Facebook and share

History of the Creation of the Columbia River Treaty

Vanport, Oregon - Photo from Blackpast.org

Vanport, Oregon – Photo from Blackpast.org

The 1948 flooding of the city of Vanport, outside of Portland, helped launch the creation of the Columbia River Treaty. To provide housing for Kaiser shipyard workers and their families, the Columbia River was diked and public housing built on the floodplain in 1942.  Adjacent to Portland near the confluence of the Columbia and Willamette Rivers, Vanport was at one point Oregon’s second largest city.  In 1948 during a flood event, the dikes gave way. The flooding of Vanport was the Hurricane Katrina story of its day. Fifteen people died, and the city was destroyed.

celilo CRITFC

Celilo Falls – Indians fishing at the falls in the 1950s. From Northwest Power and Conservation Council website, photo from Columbia River Inter-Tribal Fish Commission.

 

But the story did not end there.  Vanport was used to justify the need for more flood protection – resulting in the damming and permanent flooding of river valleys in interior British Columbia and Montana – the “Treaty dams.”   These dams came at the end of the dam-building era in the Columbia that transformed the River into a machine with devastating consequences for salmon, tribes and First Nations, and the river itself.  Today the great salmon gathering places of Celilo Falls and Kettle Falls are underwater, flooded by reservoirs.

 

Kettle Falls. Kettle Falls was an incredibly rich salmon fishing spot and gathering place for the Tribes since time immemorial, and is flooded by Lake Roosevelt, the reservoir behind Grand Coulee dam. (Northwest Museum of Arts & Culture photo)

Kettle Falls was legendary for salmon gathering place for tribes since time immemorial — now flooded by Lake Roosevelt, the reservoir behind Grand Coulee dam. (Northwest Museum of Arts and Culture photo)

While-her-house-burns..._2

Dam-building, interior British Columbia: burning homes in Renata B.C.. Dams permanently flooded river valleys of the Upper Columbia to provide flood protection for Portland.

Kettle Falls, Ceremony of Tears. Colville Tribal women in ceremonial dress, gathered for the Ceremony of Tears. In June 1940, an estimated 8,000 to 10,000 people mourned the drowning of Kettle Falls at a “Ceremony of Tears” organized by the Colville Confederated Tribes and attended by representatives of the Yakama, Spokane, Nez Perce, Salish, Kootenai, Blackfeet, Coeur d’Alene, Tulalip, Pend Oreille, and other tribes. Kettle Falls slipped beneath the rising waters of Lake Roosevelt on July 5, 1941. (Northwest Museum of Arts & Culture photo)

Kettle Falls, Ceremony of Tears. Colville Tribal women in ceremonial dress, gathered for the Ceremony of Tears. In June 1940, an estimated 8,000 to 10,000 people mourned the drowning of Kettle Falls at a “Ceremony of Tears” organized by the Colville Confederated Tribes and attended by representatives of the Yakama, Spokane, Nez Perce, Salish, Kootenai, Blackfeet, Coeur d’Alene, Tulalip, Pend Oreille, and other tribes. Kettle Falls slipped beneath the rising waters of Lake Roosevelt on July 5, 1941. (Northwest Museum of Arts & Culture photo)

Thanks to Our Conference Sponsors

McNerney-Hanson Chair in Ethics  *  Columbia River Inter-Tribal Fish Commission  *  Columbia Basin Revitalization Coalition  * Environmental Studies Department, University of Portland  *  Okanagan Nation Alliance  *  Upper Columbia United Tribes  *  Ecumenical Ministries of Oregon  *  Upper Snake River Tribes Foundation  *  Pacific Rivers Council  *  WaterWatch of Oregon  *  Citizens for a Clean Columbia  *  Columbia Riverkeeper  *  Salmo Watershed Streamkeepers Society  *  Sweo Chair in Engineering  *  Center for Environmental Law & Policy  *  The Roskelley Family  *  Molter Chair in Science   *  Save Our wild Salmon  *  Garaventa Center for Catholic Intellectual Life and American Culture  *  Columbia Institute for Water Policy  *  Loo Wit Group, Sierra Club  *  Backcountry Hunters and Anglers, Washington State Chapter  *  ATRIA  *  Francis Maltby  *  Oregon Chapter, Sierra Club  *  Oregon Synod, Evangelical Lutheran Church in America

Conference Links –

Overview

Agenda

Declaration on Ethics & modernizing the Treaty

 


June Edition of Washington Water Watch is Out!

The lower Columbia River, below Bonneville Dam - Photo by John Roskelley

The lower Columbia River, below Bonneville Dam – Photo by John Roskelley

Our June edition of Washington Water Watch is now available. Check it out here!

This month, we profile our new board member, Brady Johnson, discuss our intervention into a law suit filed that challenges the Dungeness Instream Flow Rule, update our work on the Columbia River Treaty negotiations, highlight a petition to restore Moxlie Creek and more.