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January 2017 Edition of Washington Water Watch

Check out the latest edition of our monthly newsletter, Washington Water Watch. In this month’s issue you’ll find an article on the current water bills in the Washington State legislature, an update on CELP’s recent motion for summary judgment in the Leavenworth National fish hatchery case, an article on the Lyre-Hoko watershed, and a notice about our upcoming Spokane event, Winter Waters.

Read the January 2017 issue of Washington Water Watch here.


CELP Files Legal Action to Stop Pollution from Leavenworth Hatchery

For 36 years, federal hatchery has been illegally polluting Icicle Creek

Leavenworth National Fish Hatchery - photo by John OsbornTuesday September 29, 2015 – Today, the Center for Environmental Law & Policy (CELP) and Wild Fish Conservancy announced they filed legal action to compel the U.S. Fish & Wildlife Service (FWS) to clean-up the Leavenworth National Fish Hatchery now polluting Icicle Creek.

FWS discharges a wide variety of pollutants into Icicle Creek from the federal hatchery located near Leavenworth, Washington, without a National Pollutant Discharge Elimination System (NPDES) permit. An NPDES permit is required by the Federal Clean Water Act (CWA) and would place limits on pollutant discharges. The Hatchery’s permit expired in 1979, and for the past thirty-six years FWS has operated the hatchery in violation of the CWA. Despite repeated requests over many years to update the Hatchery’s operations, including a 60-day notice filed in July, federal officials have continued to operate the facility without obtaining a new permit.

Pollutants released from the Hatchery to Icicle Creek include disease control chemicals, pathogens, nitrogen, phosphorus, antibiotics, chemicals used for disinfection and other fish culture purposes, residual chemical reagents, salts, and chlorinated water. The excess phosphorus discharged by the Hatchery has caused violations of the applicable water quality criterion for pH in lower Icicle Creek. This phosphorus loading also contributes to violations of water quality standards in the Wenatchee River.

Icicle Creek - photo by John Osborn

Icicle Creek – photo by John Osborn

“The Clean Water Act is the main mechanism through which pollution of our waters is prevented, and the Hatchery is obligated to apply for a permit and to operate according to its conditions,” said Dan Von Seggern, staff attorney for CELP. “Filing a lawsuit is a last resort. However, a great deal of effort by many groups and individuals to get the Hatchery to obey the law has been unsuccessful. This litigation is aimed at ensuring that the federal agency carries out its work to augment salmon runs without harming Icicle Creek.”

“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, Washington, and is located on the banks of Icicle Creek approximately three miles from the river’s confluence with the Wenatchee River. The federal hatchery has a long history of violations of federal environmental laws. Despite repeated attempts, including litigation, the federal facility continues to be in violation of federal laws, notably the Clean Water Act and Endangered Species Act.

Wild Fish Conservancy and CELP are represented by Kampmeier & Knutsen, PLLC of Portland, OR.

Link –

Contacts –

  • Dan Von Seggern, Center for Environmental Law & Policy, 206.829-8299
  • Contact: Kurt Beardslee, Wild Fish Conservancy, 425-788-1167
  • Brian Knutsen, Kampmeier & Knutsen, PLLC, 503-841-6515

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