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H2KNOW and City of Spokane join together to encourage Water Conservation

High water use impacts Spokane River flows

H2KNOW: Our Spokane River is Low and the City of Spokane’s Slow the Flow Program joined together today to strongly encourage people to conserve water during our drought, record-high heat, and a drastically reduced river flow.

“We are pleased to join the City of Spokane in strengthening awareness of aquifer-river relationships and an increased call for water conservation,” said John Roskelley, H2KNOW co-organizer, CELP board member and former Spokane County Commissioner. “During this drought summer, governments, businesses, and people are all pumping high levels of water and this is robbing our river of its water.  Such extremely low river flows have negative impacts on small businesses, fish and wildlife, family recreation, and the overall identity of our community.  ‘Near nature, near perfect’ is more than a slogan, it reflects a deeper relationship with our river.”

Compare the Spokane River at 2500 cubic feet per second (cfs) in the photo on the left, taken July 2014, to 630 cfs in the photo on the right, taken this August from the same spot in Riverside State Park.

Spokane River at 2500 cfs  - Photo by John Osborn, taken at Riverside State Park

Spokane River at 2500 cfs – Photo by John Osborn

Spokane River at 630 cfs - Photo by John Osborn taken at Riverside State Park

Spokane River at 630 cfs – Photo by John Osborn

 

 

 

 

 

 

 

Rick Romero, the City’s Utilities Division Director, said, “Just as the City has taken a strong regional leadership role on improving the water quality in the Spokane River through the development of its Integrated Clean Water Plan and plans for more than $300 million in river investments, we want to enhance our leadership role on water conservation efforts and protecting our river flows.  We are proud that our citizens already are responding positively.  Following record water pumping in June when temperatures were unusually high, our pumping numbers for July are pretty average when looking at the last 25 years of data.  And, today, we ask citizens to continue their work to ‘Slow the Flow.’”

Today’s water conservation message builds on approval by the City Council on August 10th of a request to make the position of Education Coordinator for the City’s Water Department full time.  As noted by Council Member Jon Snyder:

… We have to have a systemic approach that not only addresses consumer use and how people use water but a whole planning and a whole vision for our water future here in the Spokane area.

… I’m also looking forward for chances for this Council to weigh in on the Water Plan and other Water Policy so we can make some good decisions that will last years into the future.  (view statement)

The City and H2KNOW urge Spokane water customers to keep in mind the Spokane River and voluntarily reduce their water use by 10 to 20 percent.  This can be achieved through the following and other simple solutions around the home:

  • Reduce lawn watering to only twice per week. Don’t water on windy days, and turn off your sprinklers when it rains.
  • Water your lawn and garden only at night or in the very early morning; water evaporates in the hot mid-day.
  • Take shorter showers and install a low-flow showerhead.

Many other money-saving, easy actions can be found at the www.H2KNOW.info as well as at the city’s www.waterstewardship.org.

Citizens should also think long-term.  Weather forecasters already are predicting that the Pacific Northwest may have another low-snow winter and long, hot summer in 2016.   Install low-flow toilets, change your landscaping to remove thirsty lawns and install water-efficient native plants.

H2KNOW is a community awareness campaign is supported by the Center for Environmental Law & Policy, Upper Columbia River Group of Sierra Club, and the Columbia Institute for Water Policy.

Follow H2KNOW on Facebook and check out our website.

Follow Spokane’s Slow the Flow campaign.


New Participation Requirements by State’s Icicle Work Group Ends Collaboration, Prompts CELP to Resign

CELP resigned from the Washington State Department of Ecology -sponsored Icicle Work Group (IWG) on July 20th because of changes in its operating procedures that essentially eliminate the ability of CELP and other non-profits to meaningfully participate in this public process.

The new rules include changes to the decision making process  from consensus to majority rule, a prohibition on public disagreement, and a prohibition on members filing suit even if a another participant is breaking the law. These changes basically eliminate any dissenting opinions, and hamstring CELP and other participating groups from meaningfully impacting the water policy decisions made by the IWG.

Enchantment Zone Icicle ID Instream Flow Options Report (7-25-14) US Forest Service

US Forest Service Graphic

In 2012 the Department of Ecology and Chelan County asked CELP to join several state and federal agencies, two local irrigation districts, the City of Leavenworth and other non-profits in the “Icicle Work Group” (IWG), an advisory committee funded and convened by Ecology’s Office of Columbia River. Ecology stated that the purpose of the Icicle Work Group (IWG) was to solve instream flow problems in Icicle Creek while obtaining more water from the system for out-of-stream uses.  CELP has actively participated in IWG’s efforts ever since.

Last November, after repeatedly encouraging the IWG to better inform the public about one of the group’s more controversial options – building and automating irrigation dams and pipelines in the Enchantment Lakes region of the Alpine Lakes Wilderness – CELP undertook a public outreach effort.  Legislators and conservation leaders statewide took notice.  To stop this effort, the Office of Columbia River made changes to the IWG operating procedures, and sent a letter informing participants they would need to agree to the new rules, or be removed from the workgroup.

Under these conditions, CELP could not continue to participate in a process that is inconsistent with our mission to protect Washington State’s rivers and aquifers by advocating for science-based, sustainable water management through public education and outreach, advocacy and public interest litigation.  CELP will however continue to pursue other efforts to protect Icicle Creek.

For more information about the IWG’s Alpine Lakes proposals, click here.


Leavenworth Hatchery Violating Clean Water Act

Leavenworth National Fish Hatchery - photo by John Osborn

Leavenworth National Fish Hatchery – photo by John Osborn

Today, the Center for Environmental Law & Policy (CELP) and Wild Fish Conservancy sent a 60-day Notice of Intent to sue to the United States Fish and Wildlife Service (FWS) and Daniel M. Ashe in his official capacity as the Director of FWS for violations of the Clean Water Act (CWA) associated with the Leavenworth National Fish Hatchery.

FWS is discharging pollutants into Icicle Creek from the Hatchery without a National Pollutant Discharge Elimination System (NPDES) permit which is in direct violation of section 301(a) of the CWA. FWS has not held a NPDES permit for the Hatchery since August 31, 1979.

“Federal law requires the Hatchery to operate in a manner that protects Icicle Creek and downstream waters from pollution,” said Dan Von Seggern, staff attorney for CELP. “Compliance with the Clean Water Act will preserve these water resources while allowing the Hatchery to continue to augment salmon runs.”

Icicle Creek - photo by John Osborn

Icicle Creek – photo by John Osborn

Pollutants released from the Hatchery to Icicle Creek include but are not limited to: disease control chemicals, pathogens, nitrogen, phosphorus, antibiotics, chemicals used for disinfection and other fish culture purposes, residual chemical reagents and salt and chlorinated water. The wastewater discharged by the Hatchery contains excess phosphorus and violations of the applicable water quality criterion for pH have been recorded in lower Icicle Creek as a result. This phosphorus loading also contributes to violations of water quality standards in the Wenatchee River.

“By not having a current NPDES permit, the Leavenworth National Fish Hatchery has been in violation of the Clean Water Act for thirty five years,” said Kurt Beardslee, executive director of Wild Fish Conservancy. “Over the past fifteen years we have worked with local citizens and representatives of state, federal, and tribal agencies to try to get the Leavenworth Hatchery to comply with state and federal law to protect and restore native fish species listed under the Endangered Species Act and to restore the integrity of the Icicle Creek ecosystem. It is discouraging to realize that yet again the Hatchery blatantly disregards its legal obligations and the needs of the Icicle Creek ecosystem. The saddest part of this is the public is unknowingly paying for it.”

The Leavenworth National Hatchery was constructed between 1939 and 1941 near Leavenworth, WA and is located on the banks of Icicle Creek approximately three miles from the river’s confluence with the Wenatchee River. The Hatchery has a long history of violations of federal environmental laws. Despite repeated attempts, including litigation, the facility continues to be in violation of the CWA and ESA.

The groups are represented by Kampmeier & Knutsen, PLLC of Portland, OR


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.


Report Released on Columbia River Governance through Prism of Tribes and First Nations

The University Consortium on Columbia River Governance has released its report: A Sacred Responsibility – Governing the Use of Water and Related Resources in the International

Columbia Basin through the Prism of Tribes and First Nations. (click to download, 9.20MB)

The report is based on the 4th transboundary symposium held at in Polson, Montana, in October 2012 and convened by the University Consortium and involving tribal and First Nation leaders along with about 150 other people and organizations including CELP.

The following key points are taken from the report’s Executive Summary:

The role of tribes and First Nations in the negotiation and implementation of international agreements like the CRT is a function of both domestic and international law, as well as a body of indigenous law that helps define how tribes and First Nations participate.

International law in general is largely silent as to the capacity of non-state actors, including tribes and First Nations, to participate in the process of negotiating international treaties. In practice, and in the context of the international Columbia Basin, international law provides sufficient flexibility to both Canada and the U.S. to involve tribes and First Nations in the process of negotiating and implementing agreements for the conservation and management of transboundary water and related resources.

Both Canada and the United States have previously invited tribes and First Nations to participate as members of various international negotiation teams and to play roles in successfully implementing international agreements.

In the United States, the President has exclusive authority to appoint a team to negotiate an international treaty, and nothing prohibits the President from including tribal representatives on an international negotiating team. The U.S. Senate also has the power to appoint “observers” to an international treaty negotiation.

In Canada, the federal government has the discretion to include First Nations in an international negotiating team as well as an affirmative legal duty to consult with and accommodate First Nations interests in various circumstances. Under certain circumstances the federal government or federal Crown may also be compelled to consult with, accommodate, and in some cases seek “consent” from First Nations with respect to positions to be taken in international negotiations.

The international Pacific Salmon Commission between Canada and the United States is a good example of how tribes and First Nations participated in the negotiation of the Pacific Salmon Treaty (PST), and now participate in the implementation of that agreement through the Pacific Salmon Commission. The Nordic Saami Convention, Inuit Circumpolar Council, and Great Lakes Water Resources Compact and Agreement also demonstrate an international trend to include indigenous peoples in both negotiating and implementing governance arrangements for the use of transboundary land, water, and related resources.

There are a number of very compelling policy and pragmatic reasons to include

tribes and First Nations in negotiating and implementing future governance for the international Columbia Basin.

To advance their interests and aspirations with respect to the CRT, the Columbia Basin tribes and First Nations may want to pursue one or more of the following options:

Encourage the existing Entities to adjust the CRT by integrating ecosystem-based function as an objective of the CRT equal to the current purposes of flood risk management and hydropower development, either by amending the existing treaty or creating a separate new agreement;

Promote and support a model of “shared governance” of the international Columbia Basin led by sovereign entities, including tribes and First Nations; and

Encourage the Entities to establish and maintain an “advisory committee” on ecosystem function to provide ongoing input and advice to the Permanent Engineering Board, a bilateral group responsible for operational implementation of the CRT.


Religious leaders call on USA and Canada to modernize the Columbia River Treaty based on Ethical Principles

“One River, Ethics matter”:  One week before release of Pope Francis’ Environmental Encyclical, momentum builds for stewardship, justice through Treaty changes

Today 16 religious leaders sent a second request to President Obama and Prime Minister Harper to begin negotiations to modernize the Columbia River Treaty based on ethical principles of stewardship and justice.   The religious leaders’ letter comes one week in advance of the release of Pope Francis’s Encyclical on climate change and the deteriorating global environment, providing a North American example of a river severely damaged by past decisions and unfolding climate change.  In 2014 the first request letter was sent by different religious leaders and also indigenous leaders representing 15 Columbia Basin tribes in the United States and 17 First Nations in Canada.

“The Columbia River is the historic lifeblood of the tribes who have lived in its watershed from time immemorial.  And rivers are the lifeblood of the planet.  As a matter of justice, and as a matter of survival, I join with others across the watershed in urging the modernization of the Columbia River Treaty,” said The Rev. Jessica Crist, Bishop of the Montana Synod, Evangelical Lutheran Church in America.

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. 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)

Religious and indigenous leaders are asking both nations to establish an international model of resolving transboundary water conflicts by applying the Declaration on Ethics and Modernizing the Columbia River Treaty.  The Declaration sets forth eight principles for modernizing the Columbia River Treaty that include respecting indigenous rights, protecting and restoring healthy ecosystems with abundant fish and wildlife populations, and providing fish passage to all historical locations.

In May, the U.S. State Department informed Congressional leaders that negotiating the Treaty was a national priority, and that the U.S. would seek to add Ecosystem Function as one of the primary purposes of the Treaty.  The State Department decision is based on Regional Recommendations issued in December 2013 by the Bonneville Power Administration and the Army Corps of Engineers.  All four Northwest states, 15 Columbia Basin tribes, fishermen and environmentalists support that recommendation.  Religious leaders have joined in support of Tribes and First Nations.  A foundation for this growing support by the faith community is the Columbia River Pastoral Letter released in 2001 by the twelve Roman Catholic bishops of the international watershed, and based on region-wide listening sessions.

“The Columbia Basin tribes welcome and appreciate the religious leaders’ support for the two countries to modernize the Columbia River Treaty on a foundation of social and environmental justice to achieve shared goals,” said Leotis McCormack a Chaplain and member of the Nez Perce Tribe Executive Committee.  “The Regional Recommendation is a historic document that provides a vision for a modernized Treaty that reflects today’s values of ecosystem-based function and restored fish passage.”

With glaciers melting in the headwaters and water temperatures rising in the lower Columbia River, climate change is already threatening the river and fisheries that depend on the river.  Adding ecosystem function as a third treaty purpose co-equal with hydropower and flood risk management would encourage both Canada and the United States to co-manage the Columbia River as a single river, restore salmon to areas now blocked by dams, and reconnect the river with floodplains.

“Based on the Recommendation, we have decided to include flood risk mitigation, ecosystem-based function, and hydropower generation interests in the draft U.S. negotiating position. We hope to approach Canada soon to being discussions on modernization of the Treaty.” -- U.S. State Department

“Based on the Recommendation, we have decided to include flood risk mitigation, ecosystem-based function, and hydropower generation interests in the draft U.S. negotiating position. We hope to approach Canada soon to being discussions on modernization of the Treaty.” — U.S. State Department

Additional quotes from religious, indigenous leaders:

D.R. Michel, Upper Columbia United Tribes’ Executive Director.  “We are salmon people.  Salmon meant nearly everything to our people, provided by the Creator.  The U.S. government with Canada’s approval built Grand Coulee dam.  When the gates closed and the waters rose, 10,000 people gathered at Kettle Falls for the Ceremony of Tears.  They built more dams and flooded more valleys. They took the river and the salmon from us.  Modernizing the Columbia River Treaty holds the promise of righting this historic wrong by bringing home the salmon and managing the river as a river rather than as a machine.  While this is vital to the Tribes and First Nations – it is important to all people in the Columbia Basin in both countries. In this time of climate change, we must protect and restore the river.”

The Rev. Elizabeth A. Eaton, Presiding Bishop, Evangelical Lutheran Church in America (ELCA).  “Noted the The ELCA social statement, ‘Caring for Creation: Vision, Hope and Justice,’ describes humanity’s part in creation this way: ‘According to Genesis 2:15, our role within creation is to serve and keep God’s garden, the earth.’ This earth, all of creation and that beautiful part of it known as the Columbia River are a gift entrusted to us by God. And this gift is entrusted not just to particular countries or a particular generation, but to all countries and to all of humanity. When we seek to make faithful decisions about the tending of the Columbia River or any natural resource, we must remember that it is not, nor can it ever be, just about us or just about now.”

The Rev. Paul Benz, co-director of Faith Action Network.  “As a statewide interfaith advocacy organization partnering for the Common Good of all God’s creatures, the Faith Action Network stands with Columbia River Basin tribes and First Nations in their struggle for the health of the river, their people and the ecosystem.  Their life, history, and spirit are tied to the river.  We look forward to treaty negotiations between the US and Canada that result in the protection and wise use of this good gift of God for all the people of the basin.”  (FAN is formerly Washington Council of Churches and the Lutheran Public Policy Office.)


State Department to include Ecosystem Function in Columbia River Treaty

United States moves closer to negotiating with Canada to modernize international River Treaty

Hanford Reach on the Columbia river

Hanford Reach on the Columbia River

Today Northwest conservation groups and the fishing community praised the U.S. State Department for including ecosystem function in the nation’s negotiation position as it prepares to negotiate the Columbia River Treaty with Canada.   The State Department’s decision came in a May 20 letter received on May 28 by members of the Northwest Congressional delegation, and is based on Regional Recommendations issued in December 2013 by the Bonneville Power Administration and the Army Corps of Engineers.

The State Department letter to the Northwest Congressional delegation states, “Based on the Recommendation, we have decided to include flood risk mitigation, ecosystem-based function, and hydropower generation interests in the draft U.S. negotiating position.  We hope to approach Canada soon to being discussions on modernization of the Treaty.”

In the face of mounting regional concern about the need for the United States to move forward and negotiate with Canada, the State Department letter emphasizes that modernizing the river treaty is a priority for the nation:  “The Administration recognizes the significant economic and cultural role the Columbia River plays in the lives of your constituents in the Pacific Northwest, including numerous communities in Washington, Oregon, Idaho, and Montana.  We assure you that the future of the Treaty is a priority, and internal deliberations are gaining momentum.”   The State Dept and the Council of Environmental Quality briefed the regional’s Senate staff on February 27 and May 5, and the House staff on May 27.

With glaciers melting in the headwaters and water temperatures rising in the lower Columbia River, climate change is already threatening the river and fisheries that depend on the river.  Adding ecosystem function as a third treaty purpose co-equal with hydropower and flood risk management would encourage both Canada and the United States to co-manage the Columbia River as a single river, restore salmon to areas now blocked by dams, and reconnect the river with floodplains.

“There is solid, broad-based support among Northwest states, Tribes, businesses and citizens to promptly begin formal talks with Canada to modernize the half-century-old Columbia River Treaty for tomorrow’s Northwest,” said Pat Ford, representing  Save Our wild Salmon.  “Conservationists and fishermen applaud the State Department for taking this needed step.”

“WaterWatch of Oregon commends the Obama Administration for taking the initial steps needed to get the region to the goals of abundant salmon runs, healthy river ecosystems and economic vitality for the many communities that depend on the Columbia River,” said John DeVoe, WaterWatch of Oregon’s Executive Director.

The basis for the State Department’s decision is “Regional Recommendation for the Future of the Columbia River Treaty after 2024,” issued in December 2013.That recommendation includes restoring the ecosystem as a primary purpose of an updated treaty, co-equal to hydropower and flood control — a feature that will make the Treaty a model of international water management.  “The Regional Recommendation gives the Obama Administration a unique opportunity to improve the health of an iconic international river.  The northwest Congressional Delegation, and in particular, Senators Murray and Wyden, are to be commended for recognizing the need to seize the moment,” said Greg Haller, Conservation Director for the Pacific Rivers Council.

“Based on the Recommendation, we have decided to include flood risk mitigation, ecosystem-based function, and hydropower generation interests in the draft U.S. negotiating position. We hope to approach Canada soon to being discussions on modernization of the Treaty.” -- U.S. State Department

“Based on the Recommendation, we have decided to include flood risk mitigation, ecosystem-based function, and hydropower generation interests in the draft U.S. negotiating position. We hope to approach Canada soon to being discussions on modernization of the Treaty.” — U.S. State Department

All four Northwest states, 15 Columbia Basin tribes, fishermen and environmentalists support that recommendation.  Religious leaders have joined in support of Tribes and First Nations, based on the Columbia River Pastoral Letter.

“Canada and the United States together have stewardship and justice responsibilities to manage the river as a single ecologic system,” said John Osborn, a Spokane physician and a coordinator of the Ethics & Treaty Project. “In a time of climate change the international effort to modernize the Columbia River Treaty can by summarized with just four words:  ‘One River, ethics matter.’”

The Columbia River Treaty went into effect in 1964.  In 2024 flood-risk responsibility, now shared by Canada and the U.S., shifts to the United States.  Canada would only provide assistance when the U.S. requests help.  Such a change will have major impacts in the U.S. on reservoir levels, hydropower production, water supply, irrigation, and salmon.  As written, the recommendation includes a public process to explore innovative ways to manage river flows and flood risk.

Center for Environmental Law & Policy  |  WaterWatch of Oregon

Pacific Rivers Council  |  Save Our wild Salmon  |  Sierra Club  |  Columbia Institute for Water Policy

Links –

 


May Edition of Washington Water Watch is Here!

Check out our May edition of Washington Water Watch – we discuss the EPA’s new Clean Water Rule, a report released in January 2015 by Earth Economics about Outdoor Recreation in WA, and give updates on litigation and CELP in the News.

Click here to view the newsletter.

Thanks to everyone who came the Celebrate Water on May 21!  - Photo by Jon Anscher Photography

Thanks to everyone who attended, sponsored and volunteered for Celebrate Water on May 21! – Photo by Jon Anscher Photography


Check out our April edition of Washington Water Watch

Click here to read our newest installment of the Washington Water Watch newsletter.

This month, you’ll find articles introducing our new Staff Attorney, Dan Von Seggern, discussing the drought declaration in the state, the status of the Enloe Dam Hydro Project, a summary of the recently released”Freshwater Withdrawals in WA, 2010″ report, and more.

04172015 drought areas - dept of ecology


Okanogan PUD Takes Steps To Explore Enloe Dam Removal

salmon jumping Similkameen Falls, Colton Miller, July 2014

Salmon jumping Similkameen Falls. (photo: Colton Miller, July 2014)

CELP and partners returned to court on Friday, April 3, to challenge a water right that could reduce water flowing in Similkameen Falls, in north central Washington, to a trickle. The Falls, located on the Similkameen River just downstream of Enloe dam, are a popular scenic attraction and have important cultural and ecological values.

Okanogan Public Utility District (OPUD) purchased Enloe dam in 1953, but has not generated power since 1958.  After two failed attempts to re-electrify the dam in the 1990’s, OPUD obtained a federal energy license in 2013.  CELP challenged the water quality certification and won a decision that the proposal to divert 90-99% of the natural flows around the waterfalls lacked scientific foundation.

After oral argument on the water right appeal, Judge Gary Tabor of Thurston Superior Court ruled from the bench in favor of the Department of Ecology and OPUD.  For CELP, the courtroom saga continues a 10-year effort to restore and protect the Similkameen River, including opposition to two new dam proposals, the Shankers Bend and the Fortis BC projects, that are sidelined for the time being.

Search is on for a lead agency to remove Enloe dam

One very positive development has occurred in the face of continued litigation and local ratepayer opposition to the project’s $50 million price tag.  On April 6, OPUD Commissioners passed a resolution indicating willingness to work with CELP and its conservation partners in finding a lead agency for Enloe dam removal.  Both the Lower Similkameen River Band in B.C. and the Confederated Colville Tribes have endorsed the concept of dam removal.

OPUD is exploring all options, including its original plan to re-energize Enloe.  However, the case in favor of dam removal is persuasive:

  • Re-energizing the dam will be a major money-loser for local ratepayers;
  • De-watering Similkameen Falls is illegal, and CELP’s water quality challenge creates significant uncertainty about the amount of water available for power generation; and
  • Removing Enloe dam will clear the way for salmon and other species to access 300-plus miles of river and stream habitat, a huge opportunity for both fish and people.
salmon blocked by Enloe dam, Colton Miller, July 2014

Salmon, blocked at Enloe dam. (photo: Colton Miller, July 2014)

The ongoing legal challenge

CELP, American Whitewater and North Cascades Conservation Council have challenged a decision by the Department of Ecology to issue a water right to the Okanogan PUD for renewed operation of Enloe dam.  The water right appeal raises two issues.  First, as Andrea Rodgers of the Western Environmental Law Center, puts it:  “Ecology is required to determine whether granting a water right will harm the public interest before issuing a permit. Here, they propose to defer that decision until after the project is built, violating the four-test requirement for allocation of public water resources.”

Attorney Rachael Paschal Osborn described the second argument in the case:  “The new water right for the dam fails to protect instream flows as adopted into the Similkameen River rule. This directly contradicts a 2013 Supreme Court decision regarding the Skagit River, holding that these rules function as ‘water rights for the river’ and may be violated only in the most narrow of circumstances.

Economic studies show that re-energizing Enloe Dam doesn’t make financial sense as is, and will be even more expensive if minimum flow releases are increased.  OPUD, having spent $12 million to obtain a federal energy license for the project, is placing ratepayer dollars at substantial risk.  Depending on the outcome of the aesthetic flow studies to protect Similkameen Falls, OPUD may have far less water to divert for hydropower than originally permitted.

The river advocacy groups in the legal challenge are all members of the Hydropower Reform Coalition, and are represented by public interest attorneys Andrea Rodgers of the Western Environmental Law Center and Rachael Paschal Osborn and Dan Von Seggern of CELP.

Links –

Conservationists’ Petition for Review