14 CapitalPress.com April 14, 2017 ‘We are already stretched to our absolute limit’ FISH from Page 1 The association represents nearly all of the water users in the state. Attorney Al Barker, who represents Boise Valley and Owyhee Reservoir water us- ers, objects that Oregon’s draft certifi cation would allow that state to unilaterally make decisions on introducing en- dangered fi sh into tributaries of a shared waterway. Even if Oregon were to limit fi sh reintroduction to Pine Creek, Barker said ir- rigators could face new re- quirements to improve water quality and augment fl ows for the benefi t of salmon and steelhead in the Hells Canyon Reservoir. “There are consequences that need to be addressed and thought through that Oregon is not taking into account,” Barker said. Caught in the middle of the dispute is Idaho Power, which has been working nearly 15 years to relicense the three dams that produce nearly one- third of its power portfolio and could be forced to com- ply with confl icting Idaho and Oregon Clean Water Act cer- tifi cations. State vs. state Idaho offi cials saw the po- tential for a battle over fi sh reintroduction as far back as 2003, when Idaho Power fi rst applied for a new feder- al license to operate the Hells Canyon dams. The Idaho Legislature passed laws re- quiring its blessing — and the governor’s — before fi sh and wildlife could be introduced within Idaho’s borders. But legislators envisioned they’d be grappling with the federal government, not a neighbor- ing state. “This is pretty unprec- edented,” said Sam Eaton, legal counsel and deputy administrator of the Idaho Governor’s Offi ce of Species Conservation. “Does one state veto the other state? As far as my understanding, from dis- cussions and research, there’s really nothing like this.” In response to Oregon’s plan, the Idaho Legislature re- cently updated its laws, clar- ifying that Idaho’s primacy over introduction of wildlife within its borders applies to other states in addition to the federal government. In a more symbolic ges- ture, the Legislature also Endangered Snake River salmon Steelhead Binomial name: Oncorhynchus mykiss Other names: Steelhead trout, sea-run rainbow trout Avg. size: 8-11 lbs., up to 40 lbs. Spring spawner: Summer and winter runs. Most summer runs are east of the Cascades. Winter runs are closer to the ocean. Chinook Courtesy of Idaho Power Fish are raised at an Idaho Power hatchery to mitigate the impacts of its dams. Idaho Power is in the process of relicensing its Hells Canyon dams. passed a joint memorial ex- pressing its opposition to fi sh reintro- duction due to the “drastic Norm impacts on ir- Semanko rigated agricul- ture, industry, water supply and electric gen- eration.” Eaton said he is encour- aged that Idaho Gov. Butch Otter and Oregon Gov. Kate Brown have begun negotiat- ing to resolve their states’ dif- ferences. But they’ll have to work quickly. The deadline to complete the Clean Water Act certifi cations is July 29. They must be issued by each state’s department of environmental quality. The Federal Energy Regulatory Commission — an indepen- dent agency that regulates the interstate transmission of electricity — won’t be al- lowed to make any changes to the certifi cations, and Idaho Power will be obliged to fol- low them both. “We’ve fi nally got every- body at the table who needs to be at the table,” Eaton said. “It’s not that Oregon is back- ing off of (reintroduction) or anything like that, but I think they might be reassessing pri- orities about where they want to focus their efforts.” Brian Hockaday, a spokes- man for Brown, said the gov- ernor is committed to collab- orating with Idaho to resolve the issue, and conversations are ongoing. “We’re considering all viable options and taking a look at new approaches,” said Hockaday, who declined to offer details of possible com- promises. The cost Several years ago, Se- manko’s association commis- sioned an economic impact study of a federal proposal to reintroduce another endan- gered species, bull trout, into southwest Idaho tributaries of the Snake River. The study estimated the reintroduction would cost irrigators upward of $1 billion to make im- provements such as retrofi t- ting infrastructure with fi sh screens to keep the protected fi sh out of diversions. Semanko considers the estimate to be conservative if applied to Oregon’s planned salmon and steelhead reintro- duction, which could impact an even wider geographical area. “The cost is just astronom- ical,” Semanko said. “I think it’s interesting that we haven’t heard a single retort or rebut- tal to the notion that if these fi sh are reintroduced above Hells Canyon, there would be major Endangered Species Act and Clean Water Act re- quirements placed upon the residents, farmers, businesses and industries in Southern and Eastern Idaho.” Idaho’s Committee of Nine, which represents wa- termasters of the major fed- eral irrigation projects on the Upper Snake River, and the Idaho Irrigation Pumpers As- sociation have also come out against reintroduction. Lynn Tominaga, executive director of the groundwater users’ organization, worries about power rate increases for irrigators, based on Idaho Power’s estimate that it would cost more than $100 million for a system to capture the salmon and transport them for release below Hells Canyon Dam. Irrigators say they are al- ready boosting the river’s fl ow to help salmon below the dams. Jerry Rigby, an attorney for the Committee of Nine, emphasized Upper Snake irrigators reached an agreement with the Nez Perce Tribe in 2004 requiring them to release water, according to a formula based on the supply outlook, to help salmon below the Hells Canyon dams. “We are already stretched to our absolute limit to do fl ow augmentation with the fl ushing fl ows,” Rigby said. Kevin Lewis, executive di- rector of Idaho Rivers United, a nonprofi t organization dedi- cated to preserving Idaho wa- terways, contends reintroduc- tion into Pine Creek would have little impact on Idaho, given that the fi sh would be confi ned by dams to Hells Canyon Reservoir. He also believes poor water quality incapable of supporting salm- on and steelhead upstream of the Hells Canyon dams rele- gates expansion of reintroduc- tion into other tributaries to a longterm possibility, at best. “Oregon realizes they have a tributary that’s healthy, and they’re entitled as part of their Binomial name: Oncorhynchus tshawytscha Other names: King, tyee, blackmouth Avg. size: 10-15 lbs., up to 135 lbs. Fall spawner: Fall, spring and summer runs. The largest of the Pacific salmon, most chinook spawn in large rivers such as the Columbia and Snake or in tributaries with sufficient current. Source: U.S. Forest Service Capital Press graphic water-quality certifi cation to take that step,” Lewis said. Mitigation On Nov. 23, 2016, Idaho Power fi led a petition asking FERC to intervene and re- solve the dispute. Idaho Power argued that the so-called Supremacy Clause of the U.S. Constitu- tion pre-empts Oregon from imposing the fi sh passage re- quirements on Idaho Power. FERC dismissed the petition on Jan. 19, deciding the re- quest was premature. Idaho Power spokes- man Brad Bowlin said the company has since filed a motion asking FERC to re- consider its stance, but the issue remains on hold, as FERC has only two active commissioners and lacks a quorum. But Bowlin said the company remains hope- ful negotiations between the Oregon and Idaho gover- nors will bear fruit. “That would be best for ev- erybody concerned if we can fi nd some middle ground,” Bowlin said. FERC has also concluded that the current water quality in the Snake upstream of the dams is too poor for salm- on and steelhead survival. Bowlin said Idaho Power has invested millions annually to mitigate for the impacts of its dams and has already launched water-quality im- provement initiatives with re- licensing in mind. Ralph Myers, Idaho Pow- er’s water quality program manager, said the compa- ny’s proposed Snake River Stewardship Program would seek to improve water quali- ty along a 30-mile stretch of river from Swan Falls Dam to Homedale, west of Nampa in southwestern Idaho. The plan would be carried out over roughly 25 years. The project would deepen and narrow the river to increase fl ow veloc- ities and decrease tempera- tures. Silt would be applied to shallow areas of the river by the banks — where the water fl ow slows and warms — cre- ating seasonal fl oodplains. Idaho Power tested the feasibility of the approach last fall, dredging a small portion of the river and applying silt to expand Bayha Island, locat- ed 5 miles downstream from Swan Falls Dam. Myers said Idaho Power also hopes to work with private landowners to plant trees and vegetation to shade about 150 miles of tributaries in the region. He said the company is also working to convert land- owners in the Grand View area south of Boise from fl ood irrigation to sprinkler systems to keep sediment out of the river. They’ll also be bring- ing in fresh gravel — which is critical for the life cycle of fi sh and supporting aquatic insects — in reaches where gravel has been bound by silt. Idaho Power has also partnered with the Riverside Irrigation District to switch irrigators to high-phosphorus water from some tributaries to reduce nutrient infl ows into the Snake. Jim Chandler, Idaho Pow- er fi sheries program super- visor, said the company also invests $5 million annually in its hatchery program. The company stocks 1.8 million steelhead, 3 million spring chinook salmon, 1 million summer chinook salmon and 1 million fall chinook salmon per year. But Lewis, with Idaho Riv- ers United, considers hatchery fi sh to be a poor substitute for their wild counterparts. Oregon State Police continue to investigate two wolf killings WOLF from Page 1 “This raises troubling questions about ODFW’s con- tinuing drive to pursue hunting and trapping,” Pedery said. Or- egon Wild and other activists believe the state may ultimate- ly allow hunting of wolves, as it does cougars and bears. The ODFW report lists several reasons why the wolf count is low, including disease. Blood samples taken from wolves commonly show high rates of exposure to parvovi- rus; the same is true of do- mestic dogs, said Morgan, the ODFW wolf program man- ager. But in 2016, 68 percent of samples taken were posi- tive for a specifi c marker that shows active or recent infec- tions. Parvovirus can increase pup mortality rates, which would affect short-term popu- lation growth rates. However, the report indicates the fi nding is not expected to impact the wolf population long-term. Another possibility is what the report calls known or un- known “human-caused” mor- tality. Seven wolves are known to have been killed during the year, including four by ODFW itself. The department shot members of the Imnaha Pack, including longtime alpha wolf OR-4, in March 2016. The Courtesy ODFW Snake River pack captured by a remote trail camera Feb. 1 in Hells Canyon National Recreation Area. wolves had attacked and eaten or injured calves and sheep in private pastures fi ve times that spring. Meanwhile, Oregon State Police continue to investigate two other wolf killings, and one wolf was legally shot by a herder when it was caught in the act attacking livestock. Other reasons for the small population gain may include “decreased breeder success, diseases affecting pup surviv- al, and dispersal out-of-state,” according to the report. Dennehy, the ODFW spokeswoman, said the 2016 count was hindered by severe winter weather that grounded observation fl ights at times. Wolves may have been present but not counted, the ODFW report says. Also in the report: • Depredation investiga- tions confi rmed wolves killed 11 calves, seven sheep, one goat and a llama in 2016, com- pared to three calves, 10 sheep and a herding or guard dog in 2015. • The state distributed $129,664 to 13 counties to compensate producers for dead, injured or missing live- stock and to pay for preven- tion and deterrence programs. About $5,000 of the amount was for grant administration. The population numbers are part of a draft wolf man- agement plan that will be considered by the ODFW Commission at two public hearings this spring: April 21 in Klamath Falls and May 19 in Portland. Groundwater recharge by individual growers can be diffi cult on the Westside WATER from Page 1 “What they’re not able to do as a district is say, ‘Absolutely under no circumstances would we take that water back,’” he said. “It’s kind of an interesting problem to have if we had two years in a row of above-av- erage snowpack and rain.” Another option for farms is to divert water for aquifer recharge, which would help reduce salinity problems for growers with citrus or almond trees, Hutmacher said. But water is expensive even this year, and some water uses “probably have to help pay the bills,” he said. Further, groundwater recharge by individual growers can be diffi cult on the Westside, where soils in many areas are hard and not very porous. UC researchers are working with growers throughout the valley to fi nd fi elds that are conducive to ground- water recharge and do pilot projects. Growers or districts with hard clay soils could do water transfers to ar- eas where the projects are ongoing, Tim Hearden/Capital Press A pump takes water from a main canal south of Mendota, Calif., and sends it to a farm in this fi le photo. Growers on the west side of the San Joaquin Valley had their Central Valley Project allocation increased to 100 percent of requested supplies on April 11. Hutmacher said. Federal offi cials announced the 100 percent allocation for areas south of the Sacramento-San Joa- quin River Delta on April 11, raising it from the 65 percent that was prom- ised in late March. The bureau cited the state De- partment of Water Resources’ lat- est manual snow survey on March 30 which found 183 percent of the late March and early April average for the survey site near Lake Tahoe. Electronic readings in the central Sierra Nevada showed a snowpack water content that was 175 percent of normal. The announcement follows the bu- reau’s decision in February to give full allocations for many growers served by the CVP, including the settlement and exchange contractors on the Sac- ramento and San Joaquin rivers, re- spectively, and the Friant division in the eastern San Joaquin Valley. The federal allocations come as the State Water Project so far has promised 60 percent of requested deliveries to its 29 contracting agen- cies. An increase to that allocation is still “very likely,” DWR spokes- man Ted Thomas said. He added he didn’t know when or by how much. “I think it’s fair to say that Oro- ville has dominated our attention re- cently,” he said, referring to efforts to shore up a deteriorated spillway at the Oroville Dam. Hundreds of thousands of acres on the Westside have been fallowed in recent years as surface water sup- plies have steadily decreased be- cause of protections for imperiled fi sh, growers’ advocates say. The Westside only received 5 percent last summer despite late-season storms that provided more water elsewhere. San Joaquin Valley growers com- plained they had to put off planting decisions or rely on guesswork as state and federal agencies took their time in determining their water al- locations. However, some crops re- quire advance contracts, meaning decisions had to be made. Bureau offi cials have said they will make a greater attempt in future years to announce all of their initial allocations in February. “Any surface supplies are wel- come in the San Joaquin Valley,” the Fresno Farm Bureau’s Jacobsen said. “It hopefully provides growers a little more certainty for next year’s allocation. But the only certainty with the Bureau of Reclamation is uncertainty of what the water alloca- tion will be.”