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.