Oregon dam ruling a setback for environmental groups

01/13/2003

Associated Press
King 5 News

GRANTS PASS, Ore. - A federal judge has ruled the Army Corps of Engineers is meeting its obligations for operating dams on the lower Snake River in Washington, despite evidence the river gets hot enough to harm endangered salmon.

The decision was a setback for environmental groups and others hoping to pressure the government to dismantle the four dams to help struggling salmon by restoring natural conditions.

"The corps did the bare minimum necessary to defend itself in court," said Jan Hasselman of the National Wildlife Federation, the lead plaintiff. "Unfortunately, the court ruled that the Army Corps' bare minimum was good enough, but salmon are still in hot water."

In the ruling issued last Thursday, U.S. District Helen Frye in Portland said the corps met the demands of the Clean Water Act.

"This particular issue was whether we acted in an arbitrary and capricious manner," said corps spokeswoman Nola Conway. "The court found we did not. We believe we do not. We make decisions based on the best science and engineering available."

Twelve runs of salmon and steelhead listed as among threatened or endangered species pass through the dams, which produce hydroelectric power, allow barges to haul goods from Lewiston, Idaho, to Portland, and provide water for farms and cities.

Still pending in federal court is a challenge to a National Marine Fisheries Service biological opinion -- adopted by the corps -- that outlines ways to restore healthy salmon runs short of breaching dams. The outcome may determine whether the dams remain or must be breached.

Besides the National Wildlife Federation, plaintiffs include the state of Oregon, which supports breaching, and the Nez Perce Tribe, which holds a treaty requiring the federal government to provide healthy salmon runs.

The temperature ceiling for salmon is 68 degrees. The corps has already tried to benefit salmon by, among other things, releasing cold water from reservoirs behind dams in summer.

The corps is exploring ways to manipulate releases to lower water temperatures even more, said Dave Ponganis, regional Endangered Species Act coordinator for the corps.

Conway said that in years past, temperatures in the lower Snake were as high or higher, but since the dams were built the river heats up and cools more slowly.