| Topic: |
Science > Prophecies-Of-Nostradamus |
| User: |
"The Angry Hierophant" |
| Date: |
08 Jul 2005 11:12:46 AM |
| Object: |
States file briefs against proposed summer dam spills |
States file briefs against proposed summer dam spills
Cookson Beecher
Washington State Staff Writer
Washington state has filed a legal brief opposing the summer spill over
three Lower Snake River dams and the McNary Dam on the Columbia River.
Despite an attempt last month by the U.S. Justice Department to
persuade an appeals court to issue an emergency order to halt the
spills until the final outcome of a legal appeal over this issue comes
down, the court decided in favor of continuing the summer spills.
Last month, U.S. District Judge James Redden ordered full spills at the
three Lower Snake River dams from June 20 to Aug 31. He also ordered
spills of all flows above 50,000 cubic feet per second at McNary Dam on
the Columbia River from July 1 through Aug. 31.
Matt Steuerwalt, energy adviser for Gov. Christine Gregoire, said the
state's brief, which was filed July 1, argues that the judge got it
wrong because there's not enough science to show that the summer
spills will benefit fish.
In a recent meeting with Grange board members, Gov. Christine Gregoire
said one of the fears is that if the spills result in high fish
mortality, opponents of the dams will say that the dams need to be
breached.
Spilling water over dams keeps migrating juvenile fish in the river and
out of turbines, which can kill them.
But federal fisheries specialists say that during summers such as this
when high-country snowpack is low, barging fish downstream ensures
higher survival rates than spilling river water over the dams.
Along with Washington state, Oregon and Idaho also filed briefs on July
1, as did the federal agencies, fishing and environmental groups, and
other parties with interests in this case.
In its appeal, the U.S. Justice Department argued that keeping the fish
in the river instead of barging or trucking them around the dams is
"judicial experimentation."
"The judge is ordering something that is untested and in our view
puts the fish at greater risk," said an attorney for the Justice
Department.
On an economic level, Washington state's brief also says there is
plenty of information that shows the spills will be costly.
Bonneville Power Administration has estimated the cost associated with
reducing the amount of water going through the power-generating
turbines at upwards of $67 million and predicts the summer spill will
raise wholesale electric rates 4 to 5 percent this fall.
Fast track
Although the federal appeals court denied the federal government's
request to temporarily halt the spills, it did "fast track" the
government's appeal of the spills.
In doing so, the court gave the parties involved in the legal dispute
10 days to file briefs.
A hearing on the summer spills will be on July 13.
Steuerwalt said there are three possible outcomes. The court can uphold
Redden's decision, overturn it, or call for more information, in
which case, the judge could possibly issue another decision.
But Steuerwalt said the larger issue in all of this is the biological
opinion for the Columbia and Snake rivers.
Characterizing the Bush Administration's 2004 biological opinion for
the rivers as a document written "more in cynicism than in
sincerity," Redden ruled on May 26 that it was legally flawed, saying
that it "ignored the reality of past, present and future effects"
of dams on 12 species of endangered fish.
The Bush administration's 2004 biological opinion described the dams
as an immutable part of the landscape.
"As currently operated, I find that the dams strongly contribute to
the endangerment of the listed species and irreparable injury will
result if changes are not made," wrote Redden.
Based on that conclusion, Redden supported a request from the National
Wildlife Federation and other salmon advocates that water be spilled
over the three Lower Snake River dams and the McNary Dam on the
Columbia River.
Steuerwalt said Washington state thinks the judge was right when he
invalidated the 2004 biological opinion.
"We don't want to overturn that in this case," he said, referring
to the state's brief opposing the summer spill.
He explained that the state wants a more comprehensive salmon recovery
plan in which the state's hydro-system is just one part of recovery,
and where hatchery, harvest and habitat are also figured into the
equation.
"The big question now is about the next biological opinion and how we
recover fish," he said.
But there are no easy answers as to when that will happen or what the
new plan will look like.
Redden has called a "status" conference for early Septemberwith all
parties in the dispute.
"We might know more then," Steuerwalt said.
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