Page 6A
Thursday, February 23, 2017
NORTHWEST
Idaho irrigators back bills fighting Oregon fish plan
East Oregonian
By JOHN O’CONNELL
Capital Press
BOISE — Idaho irrigators are
backing four bills in the state Legislature
challenging the state of Oregon’s attempt
to reintroduce endangered fish into the
Snake River watershed upstream of the
Hells Canyon Complex of dams.
For decades, the Brownlee, Oxbow
and Hells Canyon dams — which
provide about 30 percent of Idaho Power
Co.’s total energy — have blocked the
migration of anadromous salmon and
steelhead trout, which once spawned in
the upstream channel and tributaries.
The original federal license to
operate the complex expired in 2005. As
part of the ongoing relicensing process,
Oregon issued a draft Clean Water Act
certification re-establishing the historic
migration, in conflict with Idaho’s draft
certification.
In late December, the Federal Energy
Regulatory Commission dismissed
Idaho Power’s petition requesting that
it step in and settle the dispute between
the states.
Four bills, drafted by the Idaho Water
Users Association, were introduced
Feb. 14 in the House Resources and
Mateusz Perkowski/Capital Bureau
Jesse Bounds runs a straw-compressing facility in
Junction City that state regulators claim was rebuilt
on a wetland after a fire.
Bills propose to dispel
wetland uncertainties
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could threaten that primacy, without
state consent.
HB 171 grants the Hells Canyon
Complex a special exemption to an
Idaho law requiring infrastructure for
fish passage past dams and other water
obstructions.
Marilyn Fonseca, hydropower
program coordinator with the Oregon
Department of Environmental Quality,
said her state has extended a public
comment period on the draft Clean
Water Act certification until Feb. 28.
Oregon would like to introduce salmon
and steelhead into Pine Creek — a
tributary that originates in Oregon and
connects with the main-stem Snake
upstream of the dams — and expand
to other tributaries based on the level of
success. The plan would require Idaho
Power to trap and transport trout to
assist them on their migration back to
the Pacific Ocean.
Fonseca explained her state considers
fish passage to be integral in meeting
its own EPA-approved water-quality
standards.
“We’re certainly aware that (Idaho)
is not happy with the inclusion of fish
passage, but we are continuing with that
process,” Fonseca said.
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Part-time driver needed
to deliver East Oregonian
publications throughout
Eastern Oregon. Must be
able to lift up to 50 pounds,
have a valid driver’s license
and a good driving record.
Shifts vary but will regularly
include Tuesday nights.
Duties may include non-
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are desired. Drug test,
driving record and criminal
background checks will be
completed before hire.
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STATION
ABC
SALEM — Oregon land-
owners don’t have a simple,
reliable method to find out
whether their property is
considered a wetland.
That’s potentially a big
problem if a structure is
built on a parcel that state
authorities later determine is
a wetland, thus making the
landowner liable for costly
mitigation measures.
Jesse Bounds, a hay
exporter near Junction City,
Ore., learned that lesson the
hard way.
Upon trying to rebuild
two barns that had burned
down last summer, Bounds
was told by Oregon’s
Department of State Lands
the
construction
was
unlawful because he hadn’t
obtained a fill-removal
permit. The permit is
required when disturbing
wetlands.
Bounds was shocked by
the notification, since his
12-acre parcel wasn’t iden-
tified as a wetland under the
State Wetland Inventory and
he’d obtained all necessary
building permits without a
hitch.
Oregon lawmakers are
now contemplating two
bills that would resolve the
problem.
One is aimed specifically
at Bounds’ situation, while
the other seeks to dispel
the broader confusion over
which properties fall under
DSL’s wetland jurisdiction.
House Bill 2785 takes
the narrow approach, by
exempting the replace-
ment of a farm building
“destroyed by fire or other
act of God” from state
fill-removal laws.
House Bill 2786 is more
expansive, creating an
exemption for any property
that’s not designated as a
wetland under the State
Wetland Inventory.
Much of the discussion
during a Feb. 21 hearing
before the House Agricul-
ture Committee focused on
the latter bill.
Proponents argue that
landowners may believe
their property isn’t subject
to fill-removal laws —
based on the State Wetland
Inventory — without real-
izing that DSL can none-
theless arrive at a different
conclusion.
Thursday Morning
PBS
By MATEUSZ PERKOWSKI
Capital Bureau
“They have no idea the
map is not right,” said Mary
Anne Nash, public policy
counsel for the Oregon
Farm Bureau.
Landowners such as
Bounds, who think they’ve
followed all the applicable
laws, may never hear from
DSL unless a neighbor
makes a complaint, said
Dave Hunnicutt, executive
director of the Oregonians
in Action property rights
group.
“Unfortunately,
that’s
the way that DSL exercises
its jurisdiction,” Hunnicutt
said.
While a housing devel-
oper may be able to afford
wetland mitigation credits,
that option is often too
costly for farmers, he said.
Such credits, which effec-
tively pay for the creation
of wetlands elsewhere, cost
about $77,000 to $81,000
per acre, according to DSL.
“Someone
in
Mr.
Bounds’ position, it puts
him out of business,” said
Hunnicutt.
Opponents
of
HB
2786 claim the bill would
jeopardize wetlands across
Oregon because many
aren’t included in the State
Wetland Inventory.
The State Wetland Inven-
tory only includes a “small
subset” of wetlands that are
under both state and federal
jurisdiction, said Tom Wolf,
executive director of the
Oregon Council of Trout
Unlimited, a group that
advocates for fish habitat.
“It’s too broad a bill,”
Wolf said.
The League of Women
Voters of Oregon believes
the wetland designation
process should be made
clearer but worries HB 2786
sets a definition that’s too
limited, said Peggy Lynch,
the group’s natural resouces
coordinator.
“We need to have
something more than the
State Wetland Inventory to
consider,” she said.
Several members of
the House Agriculture
Committee
said
they
sympathized with Bounds’
predicament and the need
to clarify wetland desig-
nations, including Rep.
Brian Clem, D-Salem, the
committee’s chair.
Clem said he favored a
simpler alternative to the
current system of identi-
fying wetlands, under which
parcels are evaluated on a
case-by-case basis.
“That to me sounds
horribly
tiresome
and
painful,” he said.
CABLE
Lawmakers consider
exemptions to state
fill-removal laws
Conservation Committee concerning
Oregon’s plan. House Joint Memorial
002 would formally express the Legis-
lature’s opposition to re-introduction
due to the “drastic impacts on irrigated
agriculture, industry, water supply and
electric generation.” The joint memorial
concludes Oregon’s plan would impair
Idaho’s sovereignty over its water
resources, thereby violating the State
Water Plan.
“(HJM 002) will support the long-
standing position of the Legislature, as
well as the governor, that there will be
no endangered fish above Hells Canyon.
Not only no, but heck no,” said Rep.
Marc Gibbs, R-Grace, a farmer who
heads the House committee. “It’s an
issue that Oregon wants and Idaho pays
for.”
On the same day, the committee also
printed three bills clarifying Idaho code
on forced reintroduction of an endan-
gered species by another state. HB 169
would broaden a state law requiring the
Idaho Legislature’s blessing before the
federal government or another state can
forcibly introduce a species.
HB 170 clarifies that Idaho has
primacy over its state waters and
prohibits any species introduction that
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