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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.


Northwest, British Columbia need to stand together to modernize the Columbia River Treaty

News Release – June 22, 2017

Conservation and faith groups respond to seven NW Members of Congress:

Yes – negotiations need to move forward – but include restoring the Columbia’s health and avoid threatening Canada with treaty termination.  

Contacts –

Portland – Responding to a letter to President Trump signed by seven Members of Congress (MOCs) from the Northwest, today Northwest conservation and faith groups encouraged the United States to work for restoring the health of the Columbia and avoid threatening Canada with termination of the Columbia River Treaty. The United States currently has the authority to begin negotiations but the federal government in Canada has not finalized its position. The provincial elections in British Columbia and efforts to install Provincial leadership in the wake of the tight vote last month have also contributed to the delay in finalizing the Canadian federal government’s position.

“The people of the Columbia River Basin – in both nations – can ‘hang together or hang separately,’” said Joseph Bogaard of Save Our wild Salmon.  “We support moving forward to negotiate a modern Columbia River Treaty. But terminating the Treaty, or threatening to do so, is counter-productive. Our leaders in both nations need to work together, in good faith, to manage the Columbia River for the Common Good.”

The Columbia River is an international river managed jointly by the United States and Canada using the Columbia River Treaty. The Canadian portion of the Columbia River Basin is water rich, comprising only about 15 percent of the Basin’s land area, but producing about 40 percent of the River Basin’s water. Two centuries ago when Lewis & Clark and David Thompson first greeted indigenous people of the river basin, the Columbia was among the richest salmon rivers on earth. Since then, large dams and reservoirs have transformed the river into an integrated hydropower system.

On June 21, seven members of Congress sent a letter to President Trump, outlining the history of the Columbia River Treaty, encouraging treaty negotiation and threatening treaty termination. The MOC letter does not include several important historical elements, including that communities in the Columbia Basin, especially tribes and First Nations, were never consulted in writing the international river treaty. Nor does the MOC letter mention that the benefits of damming the Columbia River for hydropower and flood risk management came with wrenching costs to salmon and people who depend on the river.

“The United States has come a very long way to try work with Canada to right historic wrongs and support river stewardship,” said John Osborn, a Northwest physician with the Ethics & Treaty Project. “We continue to encourage the Treaty Power Group and elected officials that the way forward is working in good faith and through respectful dialogue with our neighbors to the north to promote the Common Good — including river stewardship and passage for salmon now blocked by dams.”

In 2013 following years of discussions and thousands of letters from concerned citizens, federal agencies recommended that the State Department include restoring the river’s health (“Ecosystem Management”) as a primary purpose of an updated treaty, along with hydropower and flood control. All four Northwest states, 15 Columbia Basin tribes, fishermen and environmentalists support that recommendation.  In 2016 the United States began encouraging Canada to negotiate.

“Citizens of the Columbia Basin care about power bills but also care about stewardship, social justice, and advancing the Common Good,” said The Rev. W. Thomas Soeldner, a retired Lutheran minister and educator. “Threatening Canada with treaty termination carries great risks to all life in the Basin now and into the future — including deep drawdowns of U.S. reservoirs in Idaho and elsewhere in the Basin, which will negatively affect the Columbia River ecosystem and power generation.”

The Treaty Power Group’s, and some congressional members’ willingness to threaten termination is short-sighted and undermines the goodwill and constructive approach that is needed to address the full range of issues that must be addressed in a modern river treaty. If the Treaty is terminated, then the U.S. will be required to shoulder the entire burden of flood risk management with U.S. dams, with no assistance from assured flood storage from Canada. This will cost the U.S. billions of dollars in flood protection and recompense from its own dams — and destroy coordinated and cooperative U.S. and Canada flood risk management that has existed as an international model for more than 50 years.

“Protecting and restoring healthy salmon populations in the Columbia Basin represents an unparalleled opportunity for our region to invest in the economy, create family-wage jobs and improve our quality of life and the health of our environment,” said Greg Haller, Conservation Director for the Pacific Rivers Council. “Healthy salmon populations deliver valuable and irreplaceable benefits to our region’s economy and ecology including thousands of jobs in guiding, retail sales, manufacturing, tourism, worth hundreds of millions of dollars annually.”

Links –

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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

 


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.