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Celebrate Water 2019!

First and foremost, all of us at CELP would like to thank those who participated in this year’s GiveBIG. We raised over $3,300 for Washinton’s waters and we couldn’t have done it without you. With that being said, it’s time to switch gears! Celebrate Water is just around the corner and we have a big evening in store.

Please join us for our annual fundraising event, Celebrate Water, on Thursday, June 20th from 5:30pm-7:30pm! Help us commemorate another successful year of CELP’s work advocating for Washington’s rivers and streams. This year, we will be presenting Larry Wasserman with the Ralph W. Johnson Water Hero Award for his activism which ultimately secured improved protections and management of our state’s water resources.

Before the reception, CELP will be hosting a pre-reception CLE from 4:00-5:00pm, featuring guest speaker Amanda Cronin of AMP Insights. The topic of the talk will be: “Incentives for voluntary groundwater mitigation in Arizona – What’s in it for water users?”

We will also be hosting a silent auction featuring great items and gift certificates from Patagonia, Fishpond, Seattle Mariners, & more!

 

To get your tickets, visit: https://celebratewater2019.bpt.me

 

 


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 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 

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Deadline for applications is March 1st.

 


In Memory of Nancy Shuttleworth Rust: Former CELP Board President & Ralph W. Johnson Water Hero Awardee

Nancy was born in Iowa City, Iowa on September 15, 1928, the second of the three daughters of Beatrice Gates Shuttleworth and Frank Kayley Shuttleworth. She married the love of her life, Dr. Richard Eno Rust, on June 11, 1949. She received a Master’s degree in Mathematics from the University of Iowa in 1952.

Nancy served as a member of Washington State’s House of Representatives from 1981-1996, having begun a life of political activism by joining the League of Women Voters in the mid-1950s. As a member of the League, Nancy worked on voter registration campaigns, numerous ballot initiatives, tax reform, and the Equal Rights Amendment. From her sixty-some years of involvement in politics and community service, she will be most remembered for her work on environmental issues. She chaired the House Environmental Affairs Committee from 1983-1994. As Chair, Nancy oversaw passage of (or protected from modification) legislation regarding hazardous waste management, workers’ right to know, shorelines management, growth management, and legislation to prevent oil spills on Puget Sound.

Nancy was named the Audubon Legislator of the Year for the legislative sessions of 1983-84 and 1986-87, and she was named the Legislator of the Year by the Washington Recyclers in 1982. After leaving the legislature she continued to work for the environment in many ways, including serving as board president for the Center for Environmental Law and Policy (CELP). In 2006, she was the recipient of CELP’s Ralph Johnson award, which is given in honor of “exemplary service on behalf of Washington’s waters and people.”

Along with her involvement in public affairs, Nancy led a vibrant and varied personal life. The mother of six children, she was active in the PTA and was on the board of Greater Seattle Girl Scouts. she was active in the PTA, served on the board of Greater Seattle Girl Scouts, led Girl Scout troops, and went on countless Girl Scout outings. Having grown up on the East Coast, she fell in love with the Pacific Northwest on her first visit to the area in 1951. She enjoyed getting out into nature in all kinds of ways, whether by day-hiking, back-packing, skiing, biking or as a member of the Washington Native Plant Society.

Nancy and her husband Dick were active in the Bicycle Adventure Club–participating in 40-some multi-day rides–and led a popular 14-day ride that began in Seattle and wound its way through the San Juan Islands to Victoria BC. She and Dick were also avid international travelers. Many of their trips to Europe were on bicycle, but they also enjoyed numerous trips in Europe and beyond as participants in Elder Hostel and Roads Scholars programs.

Back home in Seattle, Nancy loved the symphony, opera, fine arts, and theatre. In synchrony with any other activity, Nancy enjoyed knitting. After knitting multiple sweaters for members of the family, she knit clothing items for a nonprofit humanitarian aid organization, afghans for Afghans.

Memories of Nancy will be cherished by her beloved husband; her two sisters, Margaret Vernallis and Carol Hake and brother-in-law Dexter; her six children, Martha (and spouse Leslie Myrick), David (Janice Reebs), Steven (Cate Brigden), Michael (Julia Sabo), Amy, and Elizabeth; three grandchildren, Arcadia Smails and grandson-in-law Rodney Minott, Alexa Rust, and Benjamin Rust; and one great grandson, Joseph Minott.

A celebration of Nancy’s life will be held on August 12 from 3:00-5:00 PM at Horizon House  at 900 University St. in Seattle (off-street parking available at the corner of University St. and 9th Avenue).


Remembering Vanport Flood’s double tragedy

News Release: May 23, 2018

4:05 p.m. Memorial Day: A moment of silence to remember the double tragedy of the Vanport Flood

Canadians, impacted by resulting Treaty, ask Americans to rethink flood risk management in the lower Columbia River Basin

Canadian-United States Treaty Negotiations to start May 29 – the day following Vanport Flood memorial

Reporter Contacts:

Without warning, on Memorial Day 1948, a combination of heavy winter snowfall, warm temperatures, and spring rainfall sent torrents down the Columbia River, breaking through a railroad embankment serving as a levee, and destroying Oregon’s second largest city, Vanport, near Portland. Built in the floodplain of the Columbia River close to the confluence with the Willamette River, Vanport provided housing for thousands of low-income people. The floodwaters killed at least fifteen people, left 18,000 others homeless, and washed away the community.

The governments of the United States and Canada seized on the Vanport flood to promote a treaty that would authorize dams upstream in British Columbia and Montana, eventually forcing thousands of residents from their homes, and permanently flooding vast river valleys of the Upper Columbia River Basin. Particularly devastating for indigenous people who had lived in the Columbia River Valley for thousands of years was loss of burial grounds and cultural sites, compounding the loss of massive salmon runs caused by Grand Coulee dam. And now, on the 70th anniversary of the Vanport Flood, the United States and Canada are entering into negotiations to modernize that agreement known as the Columbia River Treaty.

“Recognizing the double tragedy impacting thousands of people in Vanport and subsequently in our Canadian and First Nations communities in the Upper Columbia River, we ask for a moment of silence on Memorial Day,” said Mindy Smith, a physician living near Trail, British Columbia. “We also ask that each Memorial Day going forward, we pause to remember and reflect on this double disaster and how people of the Basin are bound together by more than a treaty, but by our need and responsibility to seek equity of benefits and costs in river management.”

The Vanport Flood and its devastating consequences for the upper Columbia River Basin was the focus of a 2016 conference, One River – Ethics Matter, hosted by the University of Portland. This was part of the conference series of Columbia River reconciliation based on the 2001 Columbia River Pastoral Letter by the Roman Catholic Bishops of the international watershed. Highlights of the Portland conference focusing on the Vanport Flood can be viewed on a short film: Portland: One River – Ethics Matter.

“As negotiators for the United States and Canada prepare to sit down to discuss the future of the River, the double tragedy of the Vanport Flood needs to be remembered,” said Martin Carver of Nelson B.C. and coordinator of the Upper Columbia Basin Environmental Collaborative. “With continued floodplain development in the Portland area and elsewhere, and with escalating risks from climate change, the scope of the floodplain problem going forward will only increase.   Americans should not continue to rely on the devastation of upstream ecosystems and communities to allow for downstream floodplain development in Portland. That is fundamentally unjust and cannot be sustained.”

“The Columbia River is one river and ethics matter,” said John Osborn, physician and coordinator of the Columbia River Roundtable. “Past decisions have located people and structures in harm’s way by building in downriver floodplains while permanently flooding upriver valleys with dams and reservoirs – once biologically and culturally rich river valleys now wastelands. The Treaty dams are not going away. But we need to rethink dam management to improve river health and restore salmon runs while protecting communities. That is a compelling legacy of the Vanport Flood double tragedy.”

The moment of silence is scheduled for 4:05p.m. PDT on Memorial Day (U.S.)   The next day, May 29, in Washington D.C., the United States and Canada will begin formal negotiations to modernize the Columbia River Treaty. (link)

Links:

 

Vanport, Oregon – photo from BlackPast.org

 

 


Conservation Groups petition to end Enloe Dam Hydropower License

American Whitewater * Columbiana * Center for Environmental Law & Policy * Sierra Club

News Release – March 16, 2018

Contacts:

Salmon jumping, Similkameen River, Enloe dam. (Photo: Colton Miller, July 2014)

River advocacy groups filed a petition in federal court today against the Federal Energy Regulatory Commission (FERC) challenging its recent decision to extend construction deadlines on the Enloe Hydroelectric Project on the Similkameen River in north central Washington. Through the petition the groups seek to ensure FERC complies with clear requirements of the Federal Power Act and allows for meaningful public participation when making its decisions.

Despite strong local opposition, the Okanogan Public Utility District (OPUD) is currently seeking to re-energize Enloe Dam, which has sat dormant in the Similkameen River since 1958. 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 divert the Similkameen River and dewater the culturally, ecologically and recreationally significant Similkameen (a.k.a “Coyote”) Falls downstream.

“As energy from wind and solar increase in the Pacific Northwest, and with an already abundant hydropower supply in the region, the power from Enloe isn’t necessary,” said Thomas O’Keefe, Pacific Northwest Stewardship Director with American Whitewater. Noting that the PUD recently entered into an agreement to purchase power from Wells Dam for as long as it needs the power, O’Keefe added, “the Similkameen River is a valuable resource to the region for recreation, scenic values, and fish and wildlife. We believe there’s more value in restoring the river to enhance these values.”

The OPUD project would divert and dewater the Similkameen River and Coyote Falls. (Simulation:  Dr. Doug Whittaker)

Coyote Falls, Enloe dam. The waterfalls is an increasingly important regional attraction because of an expanding local and regional trail system, and salmon can be seen swimming above the waterfalls to the base of the dam. (Photo:  Hydropower Reform Coalition)

“OPUD faces a great deal of uncertainty about whether the project will be economically sound,” said John Osborn, physician and coordinator of Sierra Club’s Columbia River Future Project. “The PUD is required to do an aesthetic flow study but still plans to wait until after the project is built, meaning it will not know how much water it will be able to divert to generate power until it has sunk tens of millions of dollars into designing and building the project. 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 dam.”

The petition challenges FERC’s 2018 decision to grant the PUD additional time to begin construction on the Enloe project. The Federal Power Act allows FERC to extend construction deadlines just once, which it did for OPUD in 2015. In anticipation of missing its July 9, 2017 deadline, OPUD filed a request that FERC further delay the deadline by granting a “stay.” FERC granted the request, and denied conservation groups’ attempts to have a formal say in the matter. The groups contend that FERC violated the law when it granted the PUD additional time to begin construction.

“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. A 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 petition was filed today in the Ninth Circuit Court of Appeals, which provides appellate review of the decisions by FERC. The petitioners are American Whitewater, Center for Environmental Law & Policy, Columbiana, and Sierra Club. Andrew Hawley and Pete Frost of the Western Environmental Law Center represent the Similkameen River advocates.

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“Hirst fix” bill bad for streams, salmon

Contact:

“Hirst fix” bill will harm streams, fish, and senior water users

Democratic majority fails to stand up to minority Republicans and protect rivers and salmon.

Seattle – The Washington Legislature today passed a sweeping permit-exempt well bill (SB 6091, the “Hirst fix”) that will have dire consequences for Washington’s endangered salmon and the people who depend on them. Most of our state’s rivers and streams are already imperiled due to low streamflows. It is well-established that pumping groundwater, including unregulated water withdrawals by “permit-exempt” wells, reduces streamflow. Rural development using permit-exempt wells has been happening at an accelerating pace, taking more and more water from streams and other senior users.

The 2016 Whatcom County v. Hirst decision was not new law. Hirst simply reaffirmed that new wells may not impair more senior water users, including instream flows. Special interests including the building industry and real estate agents pressured the Legislature to ignore the science and “fix” the decision so that rural sprawl could continue unimpeded. Today, Legislative Democrats gave in to that pressure. While this bill is styled as a “fix,” its real effect will be to allow more and more unmitigated water use. The results are predictable: lower streamflows, higher water temperatures, and fewer fish in the rivers.

Methods for mitigating water use and avoiding impacts on streamflows are well-established, and indeed are in use in several parts of the state. But the bill does not require mitigation; it provides for “watershed preservation and enhancement committees” which will develop projects to “offset water use by permit-exempt wells.” While well-intentioned, the committee process is unlikely to lead to fully mitigating water use. Worse yet, the bill fails to meaningfully limit water use or even to provide for metering of water use, so that we will never know how much water is actually being used. It is almost inevitable that senior users and rivers will be harmed.

Another provision of the bill is even more troubling: it calls for “pilot projects” allowing water to be taken from streams and mitigated using so-called “out-of-kind” mitigation (generally stream-related habitat projects) rather than actually protecting streamflows. This is especially egregious because this provision is not even aimed at Hirst, but at another decision holding that streamflows must be protected (Foster v. Ecology). Out of kind mitigation sets the stage for a huge water giveaway, with serious consequences to streams and fish.

“The best habitat in the world is worthless if there is not enough water in the streams,” said Dan Von Seggern, staff attorney for CELP. “As mitigation water becomes harder to find, it is inevitable that “out-of-kind” mitigation will become the path of least resistance. Ecology needs to live up to its obligation to protect instream resources by carefully monitoring the watershed committees and the “offset” schemes they develop.”

“We are disappointed in leadership in the Legislature that has allowed the capital budget to be held hostage to an issue that has nothing to do with the budget. This agreement will harm fish, senior water right holders, and tribes. We expected better” said Trish Rolfe, CELP’s Executive Director.

Links –

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Negotiating Columbia River Treaty to begin in early 2018

Conservation, fishing and faith groups applaud announcement

December 11, 2017  –  For Immediate Release

Contact:

  • Greg Haller, Conservation Director at Pacific Rivers   greg@pacificrivers.org
  • Joseph Bogaard, Executive Director at Save our Wild Salmon Coalition  joseph@wildsalmon.org

On December 7th the U.S. Department of State announced that formal negotiations with Canada over the fate of the fifty-three year old U.S.-Canada Columbia River Treaty will begin in early 2018.

A broad coalition of conservation, fishing and religious organizations representing hundreds of thousands of Pacific Northwest residents, hailed the announcement.

“Conservation and fishing groups are encouraged that the two countries are moving forward with Treaty negotiations. Modernizing the Treaty to improve the health of the river and communities on both sides of the border is not just an opportunity, but also a critical need given the challenges salmon face in the 21st century,” said Samantha (Sam) Mace of the Save Our wild Salmon Coalition.

The Columbia River Treaty was originally ratified in 1964 to reduce the risk of floods in downstream cities like Portland, Oregon and to develop additional hydropower capacity. The Treaty accomplished these goals through the construction of three large storage reservoirs in British Columbia (Duncan, Mica and Keenleyside), which added 15.5 million acre-feet of storage capacity. Canada built Mica Dam larger than the Treaty required, adding another 5 million acre feet of non-Treaty storage for power production.

The Treaty also spurred the construction of Libby Dam in Montana, which added an additional 5 million acre feet flood storage space and hydropower capacity. All told, these projects doubled the storage capacity of the basin – and dramatically reduced the river’s natural spring flows. Notably, consideration of the health of the Columbia River and its fish and wildlife populations were not included in the original Treaty. Not only did the construction of the dams result in the displacement of people, economies and cultures as a result of permanently flooded lands, it had a profound effect on salmon and other fish and wildlife species – and the communities that rely on them – on both sides of the border.

While the Treaty has no formal end date, provisions that govern joint flood risk management operations are set to expire in 2024, which would have major ramifications for how reservoirs in the U.S. part of the basin are managed.  Additionally, U.S.-based utilities are keen to reduce the amount of power they deliver to Canada each year as required by the Treaty.

Conservation, fishing and faith organizations, on the other hand, view the pending negotiations as an opportunity to include “ecosystem-based function” – or health of the river – as a formal component of a modernized Treaty, on equal footing with flood risk management and hydropower production. Including ecosystem-based function would mean improved river flows to aid salmon’s out-migration to the ocean and improve water quality. It would also mean improved fish passage and reintroduction of salmon and steelhead into areas made inaccessible to salmon by dams in the U.S. and Canada.

Treaty modernization also creates an opportunity to improve the governance of the Treaty to allow a more transparent and inclusive process for negotiations and implementation.

“The Columbia River Treaty is often hailed as a model of transboundary river management. Adding ecosystem-based function and ensuring the governance of the river is transparent and inclusive will truly make the Treaty a model for international river management in the 21st Century”, said Greg Haller of Pacific Rivers. “We aim to prod both countries to achieve that goal.”

Links –



U.S. State Department:

Modernizing the Columbia River Treaty Regime

  • Media Note
  • Office of the Spokesperson
  • Washington, DC
  • December 7, 2017

The United States and Canada will begin negotiations to modernize the landmark Columbia River Treaty regime in early 2018. Certain provisions of the Treaty—a model of transboundary natural resource cooperation since 1964—are set to expire in 2024.

The Columbia River’s drainage basin is roughly the size of France and includes parts of Washington, Oregon, Idaho, Montana, Utah, Wyoming, and British Columbia. The Treaty’s flood risk and hydropower operations provide substantial benefits to millions of people on both sides of the border. The Treaty has also facilitated additional benefits such as supporting the river’s ecosystem, irrigation, municipal water use, industrial use, navigation, and recreation.

For further information, please email WHAPress@state.gov.

https://www.state.gov/r/pa/prs/ps/2017/12/276354.htm


Watersheds to Watch: WRIA 29a – Wind River

by Elan Ebeling

WRIA 29a, known as the Wind watershed area, is located in southwestern Washington along the Columbia River, southwest of Mt. Adams. Although the Wind watershed was originally paired with the White Salmon watershed and collectively classified as WRIA 29, the initial planning unit disbanded due to disagreements in 2005. Subsequently, WRIA 29 was split into two separate sub-basin WRIAs, with WRIA 29a encompassing the western half including the Wind watershed and surrounding creeks and streams, and WRIA 29b containing the eastern White Salmon sub-basin area. The WRIA 29a Wind sub-basin includes the Wind and Little White Salmon Rivers, Trout, Panther, Brush, and Rock Creeks, as well as many small tributaries to the Columbia River. These waterways contain populations of Steelhead, Coho, Chum, Chinook, trout, and Pacific lamprey, five of which are listed under the ESA as endangered or threatened.

Although the area is relatively sparsely populated (the largest population centers are the cities of Stevenson and Carson at a combined population of under 4,000), according to the Department of Ecology’s 2012 Focus on Water Availability report WRIA 29 is among the most densely farmed basins in southwestern Washington. Furthermore, expected population increases particularly in the city of Stevenson combined with growing tourism from the burgeoning urban centers of Vancouver and Portland have put a strain on the region’s water resources.

In addition to the concerns of meeting water demands of a growing population, sufficient water is also needed to protect instream resources. The 2005 Watershed Management Plan for WRIA 29a identified high water temperatures on the Wind River and Little White Salmon River and high sediment deposits throughout the basin as specific impediments to threatened salmon runs. Climate models predict reduced snowpack throughout the region leading to lower summer flows and peak flows occurring earlier in the season, which will adversely affect vital fish habitat.

Although the 2005 plan acknowledged the necessity of an instream flow rule to safeguard threatened fish runs against the impacts climate change, it stated the need for more data to be collected on stream flow levels and recommended several studies and the placement of flow gauges. Over the next decade, sufficient data were accumulated via stream flow studies for the planning unit to recommend specific numbers for instream flow rulemaking on several waterways in the basin in the group’s 2015 Detailed Implementation Plan (DIP). In addition, the DIP also proposed the creation of several reservations to meet future water needs of local communities that would have priority over instream flow rules. Due to recent Washington State water case law, however (particularly the 2013 Swinomish v. Ecology decision), a different approach may be needed.  To protect instream flows, schemes for mitigation of new water use should be included in any new proposal.

The concerns of climate change and threatened fish runs are urgent, and conditions will only worsen without meaningful regulation. As a WRIA containing mid-Columbia River tributary rivers and streams, the Wind watershed is crucial for threatened Columbia River salmon and steelhead. CELP urges Ecology to take action to protect vital instream resources by beginning the rulemaking process for WRIA 29a.

If you are interested in helping to secure protections for the Wind watershed, please email CELP at contact@celp.org.