Image provided by: The Confederated Tribes of Warm Springs; Warm Springs, OR
About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Oct. 16, 1992)
SpilyayTymoo Mistakes The fate of many wildlife specks around the world hangs in balance as managers decide what can be done to restore habitat, mitigate development and basically restive environments to conditions that once existed, allowing species to prosper. Sainton runs are Included in these discussions. They arc the topic of many discussions in the northwest and they were the focus of the River Rendezvous held September 23-27 at llcllc longhousc. Concern for traditional aspects of salmon runs was an important part of the communication between partici pants at the workshop, but restoring runs to some semblance of the original numbers was the subject of many pre sentations. Rob Lothrup, public policy depart ment manager at the offices of Co lumbia River Intertribal Fish Com mission.cxplaincd that Columbia River salmon were involved in a "tug-of-war." Large fisheries in Alaska take their tolc on migrating Columbia River salmon, as do fisheries on the Wash ington and British Columbia coasts, and finally in the Columbia River itself. The Pacific Salmon Treaty, which is in negotiation, prescribes limits on harvesting in each country. Chinook, coho and sockeye runs are "on the table," says Lothrup. In addition, some intercepted fish have been listed as endangered under the Endangered Species Act because of low populations. The National Ma rine Fisheries Service, the Corp of Engineers and Bonneville Power Ad ministration are involved in the suit which states that they are not providing safe migration for sockeye salmon. CRITFC expresses concern for di minishing habitat required for fish spawning, rearing and migration. Conflict also exists regarding hydro electric plants on the river. Slack pools and warm reservoirs behind dams provide very poor migrating conditions for salmon. Studies are taking lace which look at the technical and politi cal complications of draw-downs and providing more water to speed mi grating salmon to the ocean. Talk even centers around rebuilding dams. Rick Applcgatc, Fish and Wildlife division aircctor at Northwest Power Planning Council offices acknowledges that mistakes have been made. "We've learned thatbricf rebounds are not cause for celebration. The filing of the en dangcrcdspccies petition for the Snake River run of salmon shows the efforts to rcbtrihtTuns have failed. Even though data in 1986 showed high numbers of salmon migrating upstream, "we should have focused on the long term," Applcgatc says. "We were optimistic then, but we'je not so optimistic now." The wide range of development that Club backs salmon against dams In late July, Sierra Club Legal Defense Fund (SCLDF) filed suit in federal district court in Seattle against the National Marine Fisheries Ser vices (NMFS), Bonneville Power Administration, the Army Corps of Engineers, and the Bureau of Recla mation. The suit argues that NMFS and the dam operators are ignoring their "legal mandate to provide safe in-river migratory conditions for the Snake River salmon," according to SCLDF attorney Vic Sher. Headdcd, "Theirbusiness-as-usual approach to the Columbia River hydrosystem spells disaster for the few remaining Snake River sockeye and chinook." On August 5, SCLDF filed a 60 day notice of intent to sue the Forest Water rights negotiations ensures Background Information The Water Rights Negotiations taking place between the Confed erated Tribes of Warm Springs; The State of Oregon and the United States of America. In the early 1980s, the Confeder ated Tribes of Warm Springs made the decision to negotiate with the State of Oregon to come to a settle ment of their water rights. This de cision was; in part, in response to Department of the Interior policy statements that encouraged negotia tion of Indian water rights as an al ternative to litigation. The first few years were spent working closely with State legislature to enable the state to actually come to the Nego tiation Table. In 1987, the State of Oregon enacted legislation autho rizing the State to enter into nego tiations with the United States and the Tribes. This legislation authorized the State Water Resources Director to negotiate with representatives of the Tribes and the Federal Government in a forum which is open to the general public. In addition this law allows for the submission of a negotiated water rights agreement to an "ap propriate court," and for notice to all owners of water rights certificates or permits that may be affected by the agreement. Finally, the statute pro vides procedures and standards for judicial review of the negotiated agreement In 1991, the Tribes formally pre sented a written agreement to the State. The agreement represents the Tribe's proposed settlementquanti fication of its On-Reservation water rights which include the reach of the of past show in declining Columbia River salmon '"has created the dwindling salmon runs will make it difficult to reverse the trend. It is ncccssary.says Applcgatc to develop both short-term goals and long term goals in fisheries management A short term goal aimed at increasing( Snake River salmon runs includes im-l proving conditions for young salmon; Portland Dams on the Columbia River have Fish counts show low numbers Salmon Survival Watch reports that as of August 14, nine Snake River sockeye salmon adults passed Lower Granite Dam en route to Rcdfish Lake in Idaho's Sawtooth Mountains and that one actually made it to the lake. Last year, eight sock eye crossed Lower Granite, but only four, one female and three males, made it to the collection weir are placed in a captive breeding program run by the Idaho Department of Fish and Game. The Watch also notes that as of. August 14, 3,006 summer chinook had reached Lower Granite. Last year's count for the same date was 3,805, and the 10-year average is 4,855 fish. "Service for not complying with the Endangered Species Act (bb A). I he notice charges that the Service is failing to protect habitat of threatened Snake River chinook salmon on the Umatilla and Wallowa-Whitman national forests in eastern Oregon and Washington. SCLDF's Adam Berger said that the ES A requires the Forest Service to consult with the National Marine Fisheries Service to ensure that forest plans will not jeop ardize threatened chinook but that "the Forest Service is attempting to evade this duty by engaging in 'in formal' consultations and relegating consultation to the lowest level of forest planning." Deschutes River and Mctolius River bordering the Reservation. A Fed eral Negotiation Team, a Tribal Ne gotiation Team, and a State Negotia tion team have been named and all sides are actively pursuing a negoti ated settlement of the Tribes' claims. A Public Advisory Group also has been appointed, and a Memorandum of Understanding drafted which governs the conduct of the negotia tions. Four public negotiation ses sions have been held among these negotiation teams. There are two remarkable aspects to these negotiations: 1. The negotiations are ongoing despite the fact that there is no on going general stream adjudication of the Deschutes River Basin. 2. The settlement agreement pro posed by the Tribes is not cast in terms of the amount of water that may be diverted and used, but rather in terms of establishing limits on tribal action that will ensure that flows in the Deschutes River will not be reduced beyond agreed standards. The proposed agreement put for ward by the Tribes deals specifically only with the Water Rights associated with the Warm Springs Reservation and does not address any of the Water Rights associated with their Off Reservation rights as secured by the Treaty of June 25, 1855. The tribes have a very early water right at a minimum the Treaty of June 1855 with some uses reaching beyond limits of memory, recorded history or tradition (time immemo rial). The Tribes Rights consist of two basic components: The first is the Consumptive Right JUJ' mmm 1 atnv The Dalles ?rL a ' ' V ThoJ)al!es) tjj Warm Springs, Oregon to migrate by spilling additional water, increasing river flow vchx'ity and in creasing water surage in reservoirs. The long-term view is to work toward implementing deeper draw(-lown on the Snake, examining additional stor age on the Snake River, looking at water marketing, requiring screens on affected salmon runs. Agencies are WASIK10IN11N1 Lower nNke Power Council works to meet power Nowhere in the United States is there a closer lie between fish, wildlife and the production of elec tricity than in the Pacific Northwest states. The bond that links these states is the 1,200-mile long Columbia River and its tributaries, which flow through thcNorthwest like life-giving arteries. These rivers arc the nation's most prolific producers of hydro electric power, providing some of the cheapest electricity in the nation. This inexpensive energy is a corner stone of the region's economy. It has attracted business and industry to the Northwest and by powering irriga tion has turned arid regions east of the Cascade Mountain Range into some of the most productive farmland in the world. But, the rivers and shorelines arc also home to important biological -resources-salmon and stcelhcad, as well as a variety of wildlife. Unfor tunately, the production of electric ity and the survival of the creatures of the river often conflict. Each affects the other. It is the Council's role to strike a balance between these two important resources The Council was designed to be a Eublicly accountable body to give forthwest citizens a stronger voice in determining the future of key re sources common to all four states. The Northwest Power Act Through the Northwest Power Act of 1980 (Public Law 96-501), the U.S. Congress authorized the states of Idaho, Montana, Washington and Oregon to enter into an interstate compact to create the Northwest Power Planning Council. The four state governors each appoint two members to the Council. Congress which is the right to use water for the benefit of the Reservation. The pri ority date would be June 25, 1855. The Tribes retain the right to manage all of the water resources totally within the boundary of the Reserva tion. Stream flows needed for fisheries.wildlife and riparian areas will be maintained. The second component is the Instream Right which is associated with the Stream Flows necessary to preserve a productive fishery, wild life and riparian areas. (Riparian Area - Land next to streams and bodies of water where the water, soil and vegetation interact.) The quality of water reaching the Reservation is also of great concern to the Tribes. The Tribes have included Water Quality Standards in their proposed agreement. Stream Flows proposed by the Tribes for the Deschutes River are based on Hydroelectric Standards and a need to maintain fisheries, wildlife and riparian areas. These flows vary month to month. The Tribes would guarantee that the minimum flows would be main tained and protected within the Deschutes River channel. The dif ference between actual flows and the minimum flows would be available for the Tribes Consumptive needs. The amount of water available will vary from year to year based on ac tual stream flows. In order to make this proposed agreement more acceptable to the Water Users within the Deschutes River Basin the Tribes are willing to subordinate their "future" Water Use Rights to existing State Water Right Holders. This would provide the all mainstem dams, reducing predation and investigating the feasibility of transporting smolts. I larvcst management requires some short-term and long-term goals. Applcgatc suggests reducing harvest 01 fall chinook, requesting utilities pay to reduce harvests, and asking Canada developing programs to "protect, mitigate and enhance" fish populations. gave the Council three charges: 1. Develop a 20-ycar electric power plan that will guarantee ad equate and reliable energy at the lowest cost to the Northwest. 2. Develop a program to protect and rebuild fish and wildlife popu lations in the Columbia River Basin that have been affected by hydro electric development. 3. Conduct an extensive program to involve the public in the Council's decision-making processes. The Council is a planning and policy-making body. The chief agencies that implement the Council's power plan and fish and wildlife program are the Bonneville Power Administration,theU.S. Army Corps of Engineers, the Bureau of Reclamation and the Federal Energy Regulatory Commission. The Coun cil also works with utilities, environ mental groups, state and local gov ernments, fish and wildlife agencies, Indian tribes and others who are in volved in energy and fish and wild life issues. The Northwest Power Plan The Council's 20-year Northwest Power Plan serves as a blueprint for ensuring that the region has adequate and reliable electrical power to meet the needs of a growing economy at the lowest possible cost. The plan is based on the premise that the future is uncertain. Therefore, the Council develops a range of forecasts of the region's future energy needs and plans flexible resources to meet any eventuality within that range. The powerplan includes risk management strategies aimed at reducing costs to the region and stabilizing electric power rates. instream flows in Deschutes River following Priority System for water rights on the Deschutes River: Highest Priority listed first: 1 . Minimum Stream Flows - Time Immemorial priority Date; 2. Existing Tribal Uses - Treaty Date of June 25, 1855; 3. Existing State Users - Priority established by State System; 4. Tribes Consumptive Right -Date of Negotiated Final Agreement; 5. Other future Users. Benefits to the State include: Will know the impact of Tribal actions on Stream Flows. Will know stream flows will not be reduced beyond agreed standards. Existing State waterright holders will have assurances that their rights will not be affected by Tribal water use. All parties will benefit because instream flows will be maintained. Benefits to the Tribe include: Will have maximum flexibility in water use. Will know that water quality and quantity reaching the Reservation will not be adversely impacted by State actions. In the negotiation sessions the State of Oregon has indicated that it wants to review the Tribes' water rights proposal based upon a "tradi tional" analysis using the "practica bly irrigable acreage" standard. The Tribes and the United States are as sisting the State in the collection of information the State needs to com plete its analysis. Legal and techni cal subcommittees have been ap pointed, and these committees are addressing various issues of mutual concern. lo reduce intercqHion. Long term goals can target strong stocks for harvest. Like Lothrup, Applegate sees the need to protect and ciihajxc fih habi tat Enforcement of laws aid regulations is necessary along with watershed planning. needs, rebuild wildlife populations Because the existing hydropowcr system can no longer meet all the Northwest's electricity needs, the Council's plan proposes new re sources. Energy conservation, as well as generating resources arc analyzed for their cost-cffcctivcncss, avail ability.rcliability.compatibilitywith the existing hydropowcr system and environmental acceptability. Based on this analysis, the Council devel ops an action plan for adding new resources only when they are needed and acquiring the most cost-effective resources first. Cost-effective energy conserva tion is the plan's priority resource for meeting regional growth in demand for electricity. The Fish and Wildlife Program Congress also required the Council to develop a program to "protect, mitigate and enhance" fish and wildlife populations that have been affected by hydroelectric de velopment in the Columbia River Basin. While the dams undeniably brought huge benefits to the North west, they also came at great cost. The impact on the basin's fish and wildlife populations was profound. Not only did the dams present physical barriers lo fish migrating between upriver spawning gravels and the ocean, but the regulation of the river altered water flows and temperatures. Reservoirs behind the dams flooded thousands of acres of habitat. It is estimated that today's salmon and stcelhcad populations are approximately 15 percent of what they were 100 years ago, and 80 percent of today's runs are hatchery fish. The Council's Columbia River k X PsPJIy pPr WHEELER ' ' j 'lake 1 ' I V. . WATCH RESOURCE DEPARTMENT ) DESCHUTES BASIN ( MAP NO 9 2 October 16, 1992 PACE 3 Warm Springs tribal member Dellwn Frank comments that "every, one blames each other," but now it i necessary to begin working together. It's necessary to look at the overall picture and work to save salmon. Lower Granite Dam Basin Fish and Wildlife Program is one of the most important efforts in the world to save a natural resource. The program is the first vehicle to address the Columbia River and its tributaries a watershed covering more than 259,000 square miles as a single system. Under the Council's oversight, the region's fish and wildlife agencies, Indian tribes, power system operators and federal regulating agencies are working to gether to protect and rebuild fish and wildlife populations in the basin. Public Involvement Congress also called on the Council to provide opportunities for the participation of the states, local governments, Indian tribes, Bonneville customers and the public at large in its planning processes. The Council works in a variety of ways to ensure widespread partici pation in its activities. Its monthly meetings are open to the public. Public comment periods are offered at these meetings. Before every ma jor decision, issue papers are dis tributed to solicit comments and re actions. Those unable to attend meetings may submit written testi mony or call in their comments on a toll-free phone line. For more information or to request publications, contact the public af fairs division at the Northwest Power Planning Council's central office in Portland, Oregon. Northwest Power Planning Council, 851 S.W. Sixth Avenue, Suite 1 100, Portland, Oregon 97204; Telcphone,503-222-5161;Toll-free, 1-800-222-3355; FAX, 503-795-3370.