Remembering Jess Roskelley

 

Our deepest condolences go out to board member John Roskelley and his family after the tragic passing of their son Jess at just 36 years old. With his unexpected passing, Jess leaves behind a wonderful wife Alli, two loving parents -John and Joyce, a sister Jordan, and 2 dogs. They are all incredible individuals who deserve the very best care, love, and support in order to get through this devastating time.

To anyone who knew him, Jess was an incredible husband, son, and alpinist.  For more information on the Roskelley family and Jess’ legacy, click here: https://bit.ly/2XIG9rA

CELP has said up a memorial fund page is to support the Roskelley family after the devastating passing of their son. Jess’ passing is tragic not only for his loss of life but also for the effects on his family. Please know that any amount — no matter how small — will benefit the Roskelley’s. Click HERE to help out the Roskelley family.

 


Washington Water Watch: April 2019 Edition

Dear friends of CELP,  It’s been a while  since our last Washington Water Watch and CELP has been busy working to protect and restore Washington’s waters. This year is shaping up to be a critical year for water in Washington, as the Department of Ecology just declared a drought in  three  watersheds: The Upper Yakima, Okanogan, and Methow. This could be bad news for fish and our population of Resident Orca’s.

 

March was unprecedentedly dry, and it is likely to only get worse from here. The coming months are forecast to be warmer and drier than normal, putting more and more areas around the state at risk. The warmer the summers get with Climate Change; the more frequently droughts are likely to occur. The only way we can proactively combat this is to start planning now and encourage the state to prioritize sound sustainable water policy. All this makes CELP’s work more critical than ever, but our work would not be possible without supporters like you. We rely on our generous donations from our members and supporters to hold our lawmakers and agencies accountable for protecting Washington’s rivers and streams. Renew your membership today on our secure website.

 

In this issue you will find information about this year’s Celebrate Waters and GiveBIG campaign, CELP’s newest staff members, an upcoming Ethics Conference, a recap of CELP’s first ever Lobby Day as well as Winter Waters, a legislative wrap up and more.

 

Sincerely,
 Trish
Trish Rolfe
Executive Director
trolfe@celp.org

 

P.S. April 22nd is Earth Day and CELP will be working to protect Washington’s rivers and streams! You can help support that work by Making a donation today!

 

Click HERE to read the full report. 


GiveBIG 2019

Give Big takes place on May 8, 2019

 

Big news! CELP is participating in Give Big once again. The one-day online giving campaign will support your local non-profits in their efforts to make Washington an even better place to live. During the 24 hour giving window on Wednesday May 8th, we encourage you to not only help protect Washington’s waters by giving to CELP, but to explore the hundreds of other non-profit organizations that are working towards shaping the future of our state.

 

This year is shaping up to be a critical year for water in Washington, as the Department of Ecology just declared a drought in three watersheds: The Upper Yakima, Okanogan, and Methow. This could be bad news for fish and our population of Resident Orca’s.

 

March was unprecedentedly dry, and it is likely to only get worse from here. The coming months are forecast to be warmer and drier than normal, putting more and more areas around the state at risk. The warmer the summers get with Climate Change; the more frequently droughts are likely to occur. The only way we can proactively combat this is to start planning now and encourage the state to prioritize sound sustainable water policy. All this makes CELP’s work more critical than ever, but our work would not be possible without supporters like you. We rely on our generous donations from our members and supporters to hold our lawmakers and agencies accountable for protecting Washington’s rivers and streams.

 

To participate in this years GiveBIG click here.

 

Simple.  Effective. Giving.


Protecting Spokane River summertime flows returns to court

The next step in the process for protecting the River and Spokane community

News advisory:  Feb. 27, 2019

Contacts:

Issue:

When water is flowing in the Spokane River during hot summer months, should water be protected for community recreational and aesthetic use, river fish, and wildlife?   – or should the Department of Ecology allow it to be taken from the river by granting of more water rights?

Where:

Washington State Court of Appeals Division II

950 Broadway #300, Tacoma

When: 

9:00am, Thursday, February 28

Background:

Beloved and imperiled, the Spokane River flows through the second largest city in Washington state, cascading over spectacular waterfalls and cutting a deep gorge. In most summers, enough water flows in the river to support fishing, river rafting, and other outdoor recreation. River advocates are asking the court to hold the Department of Ecology (Ecology) to its duty to protect fish and wildlife, scenic, aesthetic and recreational values, and navigation, when establishing the minimum summer flows allowable for the Spokane River.

Overwhelming public support for the River:  ignored

Nearly 2,000 comments, including boater surveys and aesthetic inventories, were submitted to Ecology during the public comment period on the draft rule. In setting instream flows, Ecology’s decision failed to account for boaters who use the Spokane River, fishermen who pursue the river’s wild redband trout, and businesses that depend on Spokane River recreation. Ecology also failed to conduct a basic assessment of the scenic values of the Spokane River as it flows through the gorge and Riverside State Park – important to users of the Centennial Trail and others.

Overall, Ecology ignored all public comments in support of protecting the Spokane River and adopted unchanged its flow rule of 850 cubic feet per second (CFS) – near-drought level river flows that will jeopardize the Spokane River and its public uses.

Need to protect recreational use of the Spokane River

River advocates retained Dr. Doug Whittaker and Dr. Bo Shelby, experts in recreation and aesthetic flows from Confluence Research and Consulting, to evaluate appropriate flows. Dr. Shelby and Dr. Whittaker participated in establishing aesthetic flows for Spokane Falls, and are the foremost national experts on flows. They concluded that the Department of Ecology’s adopted flows are inadequate to support most types of recreational boating on the river. Higher flows in the Spokane River, when available, should be protected.

Fish need water

Spokane River fisheries need cold, abundant water. The Department of Ecology erred in reaching their “data-free” conclusion that 850 CFS is best for fish to justify its decision not to protect higher Spokane River flows. In response, petitioners submitted a report prepared by Prof. Allan Scholz, retired Eastern Washington University fisheries biologist. (Prof. Scholz authored a multivolume treatise on eastern Washington fisheries, and is one of the foremost experts on Spokane River redband trout.)

Prof. Scholz determined that the state’s flow rule – setting the Spokane River flow rate below the Monroe Street Dam in the summer at 850 CFS – is inadequate to protect and restore a healthy redband trout population, and that the scientific study prepared in support of the rate was flawed. The Department of Ecology could have accommodated the needs of river recreationists and fish without sacrificing fish.

Protecting aesthetics in the city’s heart

“Our city owes its origins, its beauty, and a great deal of its past and present life to the Spokane River.  It would be a betrayal of the river and our identity if we did not maintain healthy and aesthetic river flows.”

– Tom Soeldner, co-chair of Sierra Club’s Upper Columbia River Group based in Spokane.

Flows not protected in the flow rule are flows lost to the river

The Department of Ecology has a duty under state law and the public trust doctrine to adopt flows that are fully protective of all public instream values, including fish and wildlife, recreation, navigation, water quality, and scenic beauty. Again, flows that are not protected are at risk to be diverted from the Spokane River for out-of-stream water uses, including Idaho pumpers, the city of Spokane, and the office of the Columbia River’s Spokane-Rathdrum ASR project.

Appellants are Sierra Club, Center for Environmental Law & Policy and American Whitewater, and are represented by attorneys Dan Von Seggern (CELP) and  Andrew Hawley (Western Environmental Law Center).

###


CELP Summer Internship

We are now accepting applications for a Summer 2019 Legal Intern at our Seattle office.

We seek a legal intern with demonstrated interest in environmental issues to work on projects aimed at establishing protected instream flows.  Qualified candidates will have completed their 2L year and taken an environmental law course.  Coursework or clinical experience in administrative law is preferred. Exact internship dates are flexible, but will run from June – August 2019. Please email a CV, a writing sample, and references to Dan Von Seggern, Staff Attorney  at dvonseggern@celp.org 

.

Deadline for applications is March 1st.

 


Join CELP and CCA Lower Columbia to Learn about Protecting Streamflow and Fish Habitat in Southwest Washington

Join the Coastal Conservation Association Washington’s Lower Columbia Chapter for their November meeting and learn about protecting streamflow and fish habitat in southwest Washington.

CELP’s Water Policy Organizer Nick Manning will be presenting and discussing protection efforts for the Cowlitz, Lewis, Grays and Elochoman Rivers. Bring questions and a friend (or two).

Food and drink will be available. All are welcome to attend!

  • When: Thursday, November 8 @ 6:30 pm
  • Where: The Carriage Restaurant — 1334 12th Avenue, Longview WA

Hirst Update: Watershed Restoration and Enhancement Committees

by Trish Rolfe
Last session, the Washington State Legislature passed a streamflow restoration law, ESSB 6091, in response to the Supreme Court’s

Hirst decision. Hirst changed how counties could approve or deny building permits that use permit-exempt wells for a water source.

The law, RCW 90.94 Streamflow Restoration, helps protect water resources while providing water for rural residents reliant on permit exempt wells. The law directs local planning groups in 15 watersheds to develop or update plans that offset potential impacts to instream flows associated with new permit-exempt domestic water use. The law splits up these watersheds into two groups: those with previously adopted watershed plans and those without.

The Nooksack, Nisqually, Lower Chehalis, Upper Chehalis, Okanogan, Little Spokane, and Colville basins all have previously adopted watershed plans. For these seven basins, local watershed planning units are to update their watershed plan in order to compensate for the impacts of new permit exempt well uses.
The law identifies the Nooksack and Nisqually basins as the first two to be completed. They have until February 2019 to adopt a plan; if they fail to do so, Ecology must adopt related rules no later than August 2020. Planning units in the Lower Chehalis, Upper Chehalis, Okanogan, Little Spokane, and Colville basins have until February 2021 to develop their plans. Until watershed plans are updated and rules are adopted in these seven watersheds, new permit-exempt wells require only payment of a $500 fee. The maximum withdrawal is 3,000 gallons per day per connection on an annual average basis.

Deschutes River – Photo from WA Dept of Ecology

Eight other watersheds do not have previously adopted watershed plans. They are Snohomish, Cedar-Sammamish, Duwamish-Green, Puyallup-White, Chambers-Clover, Deschutes, Kennedy-Goldsborough, and Kitsap. For these eight basins:

  • Ecology will establish and chair watershed committees and invite representatives from local governments, tribes, and interest groups.
  • The plans for these watersheds are due June 30, 2021.
  • New permit-exempt wells require payment of a $500 fee.. The maximum withdrawal is 950 gallons per day per connection, on an annual average basis. During drought, this may be curtailed to 350 gallons per day per connection for indoor use only.
  • Building permit applicants in these areas must adequately manage stormwater onsite.

CELP has been appointed to participate on the Snohomish, Cedar-Sammamish and Duwamish-Green watershed planning units, and we have volunteers participating in several others.

The law also provides $300 million until 2033 for projects that will help fish and streamflows. Watershed planning groups will recommend proposals for funding by Ecology to achieve this.

Litigation News: Freeing the Similkameen River and Dungeness River Rule Challenge

by Dan Von Seggern

CELP Continues Fight to Free Similkameen River

The long-running battle to remove this environmentally damaging and economically unjustifiable Enloe Dam continues. A major tributary to the Okanogan River, the Similkameen flows through 122 miles of potential salmon habitat in British Columbia and Washington. A fish-blocking dam was constructed on the River in 1922 and has not generated power since 1958. The Okanogan County Public Utility District (PUD), which owns the dam, is attempting to restart power generation at the dam. The power the dam would produce is not needed and would be much more expensive than the PUD’s current sources of electricity.

On September 13, along with the Sierra Club and Columbiana, CELP filed a Notice of Intent to Sue the Okanogan County PUD as well as the National Marine Fisheries Service (NMFS) and the Federal Energy Regulatory Commission (FERC) over the dam’s effect on ESA-listed Upper Columbia steelhead and Chinook salmon. The Notice is the first step towards filing a lawsuit under the Endangered Species Act. We contend that the dam unlawfully harms ESA-listed fish species, that the process of evaluating the dam’s impact on fish was inadequate, and that FERC unlawfully failed to consult with NMFS regarding the listed fish, as the Endangered Species Act requires.

In a separate action, CELP has asked the 9th Circuit Court of Appeals to review FERC’s giving the PUD additional time to begin construction. The Federal Power Act requires that construction be started within the period of a hydroelectric license, and allows only a single two-year extension. When the PUD failed to begin construction within the required time, FERC “stayed” revocation of the license, effectively giving the PUD additional time. CELP believes that FERC lacked authority to “extend” the license in this manner and that it should have allowed public participation in the license amendment process.

Dungeness River Rule Challenge

This case (Bassett et al. v. Ecology, Case No. 51221-1-II) is a challenge by a group of property rights activists and developers to the Department of Ecology’s Instream Flow Rule for the Dungeness River, WAC 173-518.  CELP supports the Rule, which provides for mitigated use of new permit-exempt wells while protecting instream resources.  After the plaintiffs filed suit against Ecology, CELP joined in the case as an intervener to argue in favor of the Rule. CELP and Ecology prevailed in Thurston County Superior Court, and plaintiffs appealed.   Division II of the Washington Court of Appeals heard oral argument in the case on October 18 and we are now awaiting the Court’s ruling.

Conservation groups ready to go to court over endangered species harmed by north-central Washington dam

Today, river advocacy groups notified federal agencies and a local public utility of their intent to sue over harm inflicted on Similkameen River endangered steelhead and threatened bull trout by Enloe Dam. New video evidence shows fish at the base of the dam unable to access stream areas above the dam that may be critical to their recovery. However, the Federal Energy Regulatory Commission (FERC), the National Marine Fisheries Service (NMFS), and the Okanogan Public Utility District (OPUD) have failed to reinitiate consultation to address how this new information affects a permit to construct a power generating facility at the dam. Today’s notice starts a 60-day clock until a lawsuit can be filed.

“This new evidence showing fish, most likely Chinook salmon, jumping at the base of Enloe Dam provides new evidence that FERC’s analysis that re-energizing Enloe Dam would have ‘no effect’ on the critically imperiled species that live in the river was incorrect,” said Andrew Hawley of the Western Environmental Law Center. “The upper Columbia River steelhead that use the Similkameen River for example are known to be better leapers than Chinook, and according to NMFS’s own biologists, it is very likely that steelhead are indeed navigating the falls below the dam. This fact requires a new analysis of the dam’s impacts under the Endangered Species Act.”

“This new information only adds to the body of evidence showing that leaving Enloe Dam in place is a mistake,” said Trish Rolfe, Executive Director of the Center for Environmental Law and Policy. “As we continue to look for ways to rehabilitate our flagging salmon and steelhead populations, it makes little sense to ignore the impact this project will have on the ability of these fish to access the 200 or so miles of viable habitat upstream of the dam.”

OPUD has faced strong local opposition to its plan to re-energize Enloe Dam due to environmental concerns as well as economic issues. Multiple economic analyses show that power generated by the project will cost far more than electricity from other sources, burdening ratepayers that live in one of the most economically disadvantaged counties in Washington. The PUD’s project would also continue to impact the culturally, ecologically and recreationally significant Similkameen Falls (also called Coyote Falls), which lies immediately downstream of the dam.

“The plight of Puget Sound orca starving for want of salmon combined with the fundamental lack of economic viability should lead to removing this century-old cement plug,” said John Osborn, physician and coordinator of Sierra Club’s Columbia River Future Project. “Fish jumping in vain at the base of Enloe Dam is yet another terrible reminder of federal agencies failing to make the correct diagnosis for salmon, steelhead, and other species in trouble.  Fortunately, the Governor’s Task Force on Orca is now looking at removing Enloe Dam – as has occurred for restoring the Elwha River on the Olympic Peninsula and other rivers in Washington state.”

“OPUD’s FERC license allows it to operate Enloe until 2063,” said Jere Gillespie of Columbiana. “To avoid red ink, OPUD will have no choice but to pass the costs along to the ratepayers into the next generation. What makes sense for the Similkameen and for ratepayers is to free the river of this cement plug and not throw good money after bad. It’s more compelling to restore the river. Coyote Falls is an increasingly important regional attraction because of an expanding local and regional trail system, and salmon can be seen swimming above waterfalls to the base of the damA free flowing Similkameen will enhance economic growth for the local community.”

The groups note that they have been and remain willing to work with the PUD to develop a path forward for restoring the river that addresses ecological and cultural issues and the economic concern for ratepayers. The Western Environmental Law Center sent the notice on behalf of the Center for Environmental Law & Policy, Columbiana, and Sierra Club.

Video of Chinook jumping at the base of the dam can be viewed here. Letters from NMFS and USFWS supporting reinitiating consultation are available here and here.

Contacts:

  • Andrew Hawley, Western Environmental Law Center, 206-487-7250, hawley@westernlaw.org
  • Trish Rolfe, Center for Environmental Law & Policy, 206-829-8299, trolfe@celp.org
  • John Osborn, Sierra Club, 509-939-1290, john@waterplanet.ws