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CWA Ruling Bolsters Case for Dam Removal
A federal judge sent the Army Corps of Engineers a clear message last month four dams on the Lower Snake River violate the law. District Court Judge Helen Frye gave the federal agency 60 days to develop a plan to bring the dams in compliance with the Clean Water Act and water quality regulations in Washington state.
A coalition of conservation and fishing groups, led by the National Wildlife Federation (NWF ), filed the suit two years ago, claiming the dams harm endangered salmon and steelhead by slowing river flows and increasing both temperatures and dissolved nitrogen levels. Those conditions, they argued, violated the Clean Water Act . The court agreed.
"It was a clear error of judgment by the Corps not to address compliance with its legal obligations under the Clean Water Act," the ruling states.
Salmon advocates say the court's opinion will require the Corps to invest millions of dollars in dam modifications and water flow management. That makes dam bypass a more economical option to restore endangered salmon and steelhead runs, they argue.
"The ruling gives a strong indication to all the federal agencies that we need to make significant investments to ensure that we have clean water and salmon restoration with the dams in place, or we are going to have to remove the dams," said Tim Stearns , director of the Northwest Natural Resource Center of NWF. "My hope is that the Corps will rise to the challenge and we can move forward."
"We finally have a legal handle to heal and restore our rivers," said Kristen Boyles , an attorney with Earthjustice Legal Defense Fund . "I cannot overstate the importance of this ruling for native salmon and steelhead."
Rob Masonis , NW Conservation Director for American Rivers , said the best solution is to remove the dams. In fact, he added, that may be the only way to meet legal requirements. "From the very beginning, we recommended dam bypass in order to comply with both the Clean Water Act and the Endangered Species Act," he said. "Hopefully Judge Frye's ruling will help the Corps see that reality as well."
The coalition of conservation and fishing groups sent a letter to the Corps on March 6 asking the agency to develop explicit measures to improve water quality rather than offering more plans or further study.
The Corps is expected to release a record of decision this month in support of the National Marine Fisheries Service Biological Opinion on the Columbia Basin river system. Corps officials have not indicated how dam operations might be improved, but all stakeholders agree it will be particularly difficult this year with reservoirs approaching record low levels.
The Corps has already drawn from a reservoir behind Dworshak Dam in Idaho to allow the Bonneville Power Administration to generate more power this winter. That water normally is held back for later release to reduce water temperatures in the river which can be lethal to salmon.
Plaintiffs in the case included NWF, Sierra Club, Idaho Rivers United, American Rivers, Pacific Coast Federation of Fisherman's Associations, Institute for Fisheries Resources, Washington Wildlife Federation and Idaho Wildlife Federation . These groups were joined by the Nez Perce tribe and the state of Oregon .
Intervening on the Corps' behalf were the Potlatch Corporation, Northwest Pulp and Paper Association, Inland Ports and Navigation Group and Columbia River Alliance .
Corinne Hollister