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<BODY bgColor=#ffffff><FONT face=Garamond size=5><B>Dam removal 'off-ramps'
ahead<BR><BR></B></FONT><FONT face=Garamond size=4>Greg King/My Word/the
Times-Standard<BR> 11/15/2008<BR><BR>The recently signed “Agreement in
Principle” (AIP) to remove dams on the Klamath River may result in dam
decommissioning, but it's not likely.<BR><BR>Instead, the fragile deal between
the states of Oregon and California, the Bush Administration and dam owner
PacifiCorp -- but no other Klamath River stakeholders -- could mean that dams
will remain in place for a number of years before PacifiCorp takes one of the
legal “off-ramps” built into the deal and abandons dam removal
altogether.<BR><BR>One of the most dangerous off-ramps is spelled out in the
U.S. Department of the Interior's own press release lauding the AIP: “The United
States will make a final determination by March 31, 2012, whether the benefits
of dam removal will justify the costs. ... At that point, the United States
shall designate a non-federal dam removal entity (DRE) to remove the dams or
decline to remove the dams at which point PacifiCorp will return to the Federal
Energy Regulatory Commission for relicensing.”<BR><BR>That is, economic
considerations, as defined solely by the federal government, could once again
trump the needs of the Klamath River's endangered fish species, at least three
of which -- Coho salmon, spring run Chinook salmon, and green sturgeon -- are
close to extinction. Klamath River chum and pink salmon populations are already
extinct.<BR><BR>Another off-ramp would allow PacifiCorp to abandon pursuit of a
“401” clean water permit, which is required to in order to obtain a new 50-year
license from the Federal Energy Regulatory Commission to operate the dams. For
PacifiCorp this is a coup. The company was able to delay the 401 process for two
years, but the State Water Resources Control Board, which issues 401 permits in
California, recently mandated that the company comply with state and federal
laws and submit its application for the permit.<BR><BR>This process recently
resulted in five well attended public hearings throughout the north state,
during which dozens of scientists, policy analysts and lay people insisted that
the toxic water behind PacifiCorp's dams couldn't possible meet state water
quality standards. Without a 401 permit FERC cannot relicense the dams, and they
would mostly likely have to be torn down.<BR><BR>Now the 401 process is in
danger of languishing in legal limbo, which is exactly where PacifiCorp wants
it.<BR><BR>Another likely deal killer is the need for the states of California
and Oregon, as well as the U.S. government, to pass legislation that approves as
well as funds dam removal. In the case of California such legislation could be a
tough sell, given that it will require a $250 million bond to be passed by
California voters. Such passage may occur, but its defeat is just as likely as
the state spirals into a financial disaster. This would kill dam
removal.<BR><BR>In addition, the AIP would codify the 256-page Klamath Basin
Restoration Agreement (KBRA), the uncompleted and highly flawed water giveaway
to agriculture that has not been signed by any of the parties that created
it.<BR><BR>The AIP could also tie the hands of the Obama administration, which
undoubtedly would have a much different set of priorities for the Klamath River,
such as recovery of salmon.<BR>While the KBRA represents a Bush give-away to Big
Ag, the Klamath dam AIP represents an even bigger Bush gift to Big Energy. It
will allow PacifiCorp to escape from its obligations to clean up the river and
protect endangered species, and to abandon dam removal at just about any time
between now and 2020.<BR><BR>We have come to expect such shams from the Bush
administration, and we can certainly expect better from Obama, who should be
allowed to help solve one of the nation's most critical river
issues.<BR><BR>Greg King is executive director of the Northcoast Environmental
Center<BR><X-SIGSEP>
<P></X-SIGSEP>Kier Associates, <I>Fisheries and Watershed
Professionals<BR></I>P.O. Box 915<BR>Blue Lake, CA 95525<BR>707.668.1822
<BR>mobile: 498.7847 <BR></FONT><A href="http://www.kierassociates.net/"
eudora="autourl">http://www.kierassociates.net<BR></A></P></BODY></HTML>