Liz Writes Life
Nov. 25, 2020
Possible destruction of the Klamath dams is back in the headlines
after California Governor Gavin Newsom, Oregon Governor Kate Brown, Karuk and
Yurok Tribal leaders and PacifiCorp announced they will be moving forward with their
project to remove four Klamath River hydro-electric dams. Yes, this does sound
like it is a done deal. But, it isn’t. Don’t let the rhetoric fool you.
Perspective and knowledge of the legal process is what we need.
Yes, in this new agreement, California and Oregon will partner
with the non-profit Klamath River Renewal Corp. to assume liability for the dam
removal project. This includes encouraging the transference of the license to
operate the dams from PacifiCorp to the non-profit KRRC. But, it hasn’t
happened yet. It could, but it hasn’t.
The immediate caveat is that back in July, the Federal Energy
Regulatory Commission announced KRRC would not be allowed the sole ownership of
the dams as the licensee. Why you ask? Because FERC claimed KRRC has “limited
finances and no experience with hydropower dam operation or dam removal.” Oops.
Apparently, FERC wanted to tie KRRC to PacifiCorp, which has extensive
experience with hydropower and dam removal.
Yes, those of us who believe the Klamath dams should be saved
hoped this would slow the possibility of dam destruction. FERC also stated, in
the July announcement, that the destruction of the dams had known and unknown
liability costs. Environmental and private property liabilities have not been
fully addressed through federal regulations and environmental laws under the
National Environmental Policy Act.
Although advocates for dam destruction have claimed an
Environmental Impact Statement (study) was done, it was not signed by the
correct federal agencies and published in the Federal Register. As such, it was
not vetted and has no legal standing.
Siskiyou County has been fighting the dam removal project for
years.
Ray Haupt, Siskiyou Co. Supervisor for Dist. 5, is my go-to guy
regarding the environmental process that must be followed for dam removal. He
works closely with Siskiyou County attorneys and the environmental consultant
firm hired to protect the county. Ray also has extensive knowledge of EIS and
the federal NEPA process, because of his years working in leadership positions
for the U.S. Forest Service.
So, Ray first told me: “We don’t know if FERC is going to accept
these terms,” that were agreed to last week. FERC was not in on this recent
agreement. And FERC is the ultimate decision maker for relinquishing the dams
to KRRC.
Next dam destruction can’t happen until the federal EIS is
completed, commented upon by the public, a decision made, published -- and
everyone then has the chance to appeal the decision and or file lawsuits.
You see, dam removal advocates have hung their hat on the 2012 EIS
that was started by the Klamath Basin Restoration Agreement, but it was not
completed. So, KRRC must start over and updated science and facts must be
utilized or lawsuits will easily point out the flaws.
Ray explained that the process to complete an EIS and the
resulting final decision is long. “The short ones take at least two years,” he
said, adding, “Yes, this is an extremely complicated EIR process.”
“Our consultants have written reams of unaddressed issues that
will affect the environment, our citizens and property owners,” Ray said. “They
are substantive comments. Under the NEPA process, they will have to be
considered in the new EIS.”
So, it may take years, especially since the county, grass roots
groups like the Siskiyou Co. Water Users Assoc., and neighboring private
property owners have questioned a multitude of issues including the cost and
various liabilities.
“We’ve still got a long way to go,” said Ray, before dam
destruction will happen.
Pacific salmon
Meanwhile, new science is being brought forward. On Oct. 30, 2020,
the “Science Journal of Fish and Fisheries” published an article of a study on
Pacific salmon. In a nutshell, the scientists found salmon survival rates seem
to be much the same in rivers throughout the entire Pacific Northwest coast.
This included rivers with dams and those without dams like the wild-flowing
rivers in Canada and Alaska.
An intense study also analyzed the salmon survival rates within
the Columbia River system of the Snake River populations. The Snake River is
often singled out with claims of poor survival rates. But in fact, the study
showed higher estimates of salmon in the Snake River compared to other regions
of the Pacific coast that lack dams.
Dam destruction advocates have long claimed that dam removal will
increase the population of salmon, especially Chinook. This new research brings
that theory into question. The study is not off-the-wall research, but was
funded by Kintama Research Services as part of a separate research effort to
assess the credibility of the critical period concept in Pacific salmon. The
study was quite specific and can be found online.
The next nutshell, from the study, points to theories and lack of
information about the ocean; and the complexity of known and unknown factors
that affect salmon from smolt age to adult. A quote from the articles states:
“Unfortunately, our understanding of (salmon) survival during the marine phase
remains extremely limited, so there has been little change in management
strategy beyond the essential first step of reducing harvest rates in the face
of falling marine survival.”
Personally, I would like to see an unbiased, full-blown
environmental study and EIS completed regarding the Klamath dams. New science,
data and facts must be utilized – not just theories.
Luckily, it looks like our Northern California Dist. 1
Congressman, Doug LaMalfa, has won re-election, with 56 percent of the votes.
LaMalfa fights tooth-and-nail to save the Klamath dams and pointedly questions
bureaucrats for any bias towards dam destruction. He predicts there will be
multi-billion – get that BILLION – dollar costs for the “liability and
inevitable environmental damage this project will cause.”
LaMalfa recently cited that the Klamath hydropower generation is a
benefit to our overloaded power grid and “removing these dams will do nothing
to help fish, but will destroy water storage needed for firefighting and will
bankrupt Siskiyou County.”
Dam removal advocates will bristle at my column, today. Yet, these
are the facts. Take a deep breath. Klamath dam destruction is not a done deal.
Liz Bowen began writing ranch and farm news, published in
newspapers, in 1976. She is a native of Siskiyou County and lives near
Callahan. Columns from the past can be found at: lizwriteslife.blogspot.com.
Call her at 530-467-3515.
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