[env-trinity] Two Rivers Tribune- PacifiCorp Continues to Pollute With Permission

[Tom Stokely]

PacifiCorp Continues to Pollute With Permission
http://www.tworiverstribune.com/2011/08/pacificorp-continues-to-pollute-with-permission/ 
Clean Water Act Deteriorates on Klamath River
By Allie Hostler, Two Rivers Tribune


PacifiCorp is on deck to receive yet another abeyance of its California Clean Water section 401 certification today at the State Water Resources Control Board meeting in Sacramento further delaying the power producer’s obligation to reduce its pollution of the Klamath River.

Prior to the culmination of the Klamath Basin Restoration Agreement and Klamath Hydroelectric Settlement Agreement—two linked deals that compromise permanent water deliveries to agricultural interest for the removal of four hydroelectric dams on the Klamath River in California and Oregon—the Federal Energy Regulatory Commission had nearly finished its process to re-license the antiquated dams.

The final step, the California Environmental Quality Act (CEQA) process and the Clean Water Act Section 401 certification, was stalled in 2008 because of a commitment amongst the Interior Secretary, numerous stakeholders, and PacifiCorp to enter into serious negotiations under an Agreement in Principle.

Those negotiations were completed in February of 2010 when the Interior Secretary, along with then Governor Arnold Schwarzenegger of California, and then Governor Ted Kulongoski of Oregon met in Salem, Ore. to sign the documents. Dozens of stakeholders also signed, including several Klamath River Tribes and environmental groups. Legislation was due to be enacted by May 10, 2010, but it was not, and has not.

Although three tribes signed, three did not; The Hoopa Valley Tribe, the Resighini Rancheria and the Quartz Valley Indian Reservation. Also, several environmental groups were either excluded from the negotiations or voluntarily left the table because of their disagreement.

There are rumors that Oregon Senator, Jeff Merkley plans to circulate a draft discussion bill in the near future, however, the rumors have not yet been confirmed.

The current Water Board resolution proposes to delete all deadlines for enactment of federal legislation.

“This is simple avoidance of the Board’s duty to protect California water quality,” Hoopa Valley Tribal Council member, Hayley Hutt said. “Stop hoping that the KHSA will do this Board’s work. Instead, they need to complete the CEQA [California Environmental Quality Act] analysis on PacifiCorp’s Section 401 application.”

The Hoopa Valley Tribal Environmental Protection Agency (TEPA) regularly tests water quality on the portion of the Klamath River that passes through the Hoopa Reservation. According to TEPA Director, Ken Norton, recent tests confirm what the Tribe suspected—levels of total phosphorous, nitrogen and blue-green algae exceed applicable standards.

“The Water Board’s resolution says to continue the abeyance until the Secretarial Determination (due in March of 2012), but what they do not say is that the Secretary cannot legally make a determination if dam removal is in the best interest of the public until federal legislation is introduced,” Hutt said. Hutt will testify in front of the Water Board today in Sacramento.

Although proponents are equally frustrated with the delay in progress to improve Klamath River water quality, they stand by the Settlements they negotiated and signed.

Craig Tucker, the Klamath Campaign Coordinator for the Karuk Tribe said that the Karuk Tribe continues to believe that a negotiated settlement is the surest way to dam removal. “I’ll stand by that until proven otherwise,” he said.

Tucker emphasized that the introduction of federal legislation must occur by March, at the latest, and the stall is not due in any part to the parties.

“It hasn’t been for people’s lack of trying and effort,” he said. “We are now on Congress’ clock. We need to get behind it and move it forward.”

Sean Stevens from Oregon Wild, a large non-profit environmental group based out of Portland, Ore. said the group has tried to stop the Water Board from giving PacifiCorp a free pass to continue polluting the Klamath River.

“Now that there’s a science report that says it’s unclear if dam removal will reduce pollution in the Klamath River, it’s even more important for the Water Board to address water quality in the Klamath River with or without the Settlements,” Stevens said.

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