Dams’ Operation Violates Law, Judge Rules

A federal court ruled Friday that the U.S. Army Corps of Engineers’ operation of four Snake River dams violates the Clean Water Act, a decision that could cost the agency millions of dollars to modify the dams to protect endangered salmon.

“I cannot overstate the importance of this ruling for native salmon and steelhead,” said Kristen Boyles, an attorney with Earthjustice Legal Defense Fund.

The U.S. District Court in Portland ordered the Corps to find ways --within 60 days--to lower water temperatures behind the dams to protect the river’s water quality and threatened and endangered salmon and steelhead.

The ruling supports environmental groups--joined by the Nez Perce tribe and the state of Oregon in the suit--who said the dams raise water temperatures and add levels of nitrogen that violate water quality standards.

“This ruling makes it clear that the Corps is just like everybody else,” said Tim Stairns of the National Wildlife Federation. “They are not above the law.”

Operation of the four dams in eastern Washington has made a significant contribution to poor water quality on the lower Snake, making the river slower, deeper and too hot for fish, Stairns said. The release of water over the dams sends nitrogen into the water, also harming fish.

Stairns said the ruling allows the Corps to decide whether to make structural changes to the dams, or operational changes, such as altering the way it releases water.

In its written ruling, the federal court said “it was clear error of judgment by the Corps not to address compliance with its legal obligations under the Clean Water Act.”

Rob Masonis, a spokesman for the conservation group American Rivers, said Friday’s ruling will force the Corps to make operational or structural changes to bring the dams into compliance with the clean water law.

Masonis said structural modifications, including changes to the way water is sent over dams, could cost millions, based on federal estimates.

“The obvious solution is to remove the dams,” he said. “That is what we have been recommending, in order to comply with the Clean Water Act and be in compliance with the Endangered Species Act.”

Dutch Meier, an Army Corps spokesman in Walla Walla, Wash., said Friday he had not seen the ruling.

“Once we receive it, we will study it for its implications or requirements so we can determine what actions may be appropriate or necessary and develop any appropriate plans,” he said.

It was not clear how the ruling would affect the National Marine Fisheries Service’s plan for saving Columbia Basin salmon from extinction.

Last December, the agency said the federal government should put its efforts into restoring habitat in tributaries and estuaries but not breaching Snake River dams.

The agency said it would reevaluate the salmon-recovery effort after three years.

*

Earthjustice: https://www.earthjustice.org

National Wildlife Federation: https://www.nwf.org/

National Marine Fisheries Service: https://www.nefsc.nmfs.gov/