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[Water_news] 3. DWR'S CALIFORNIA WATER NEWS: WATERSHEDS - 5/3/07

Department of Water Resources

California Water News

A daily compilation of significant news articles and comment

 

May 3, 2007

 

3. Watersheds

 

KLAMATH RIVER DAMS:

Klamath River people challenge dam owner - Eureka Times Standard

 

Editorial: Clean environment vs. clean environment - Eureka Times Standard

 

Group files suit against Pacificorp for alleged toxic blooms - Associated Press

 

EEL RIVER PROFILE:

The Eel River; A tour through a critical system - Ukiah Daily Journal

 

 

KLAMATH RIVER DAMS:

Klamath River people challenge dam owner

Eureka Times Standard – 5/3/07

By John Driscoll, staff writer

 

The Klamath River's dams are a nuisance and create a threat to public health, American Indian and fishing interests are alleging in a major federal lawsuit against the dam's owner Pacificorp.

 

The suit filed in U.S. District Court in San Francisco Wednesday looks to stop the company from operating its dams in a way that proliferates toxic algae blooms and threatens the river's fisheries and people who swim or hold religious ceremonies in its water. The law firms of Kennedy and Madonna -- run in part by Robert Kennedy, Jr. -- and corporate law heavy hitter Joseph Cotchett of Cotchett, Pitre and McCarthy filed the suit.

 

The plaintiffs are members of the Yurok and Karuk tribes, a commercial salmon fisherman who runs a boat out of Half Moon Bay and a riverside business owner, as well as the nonprofit group Klamath Riverkeeper.

 

They claim that Pacificorp and regulators have failed to reverse deteriorating water quality in the river and its reservoirs.

 

Operation of the dams warms water and accentuates toxic algae blooms, they claim, which have crushed the river's fisheries and pose a serious threat to public health.

 

”We've been doing our due diligence trying to get authorities to deal with the issue,” said Leaf Hillman, vice chairman of the Karuk Tribal Council and a priest who spends long periods of time in the river for religious ceremonies each year. “As time has gone on it's gotten a little more frustrating.”

 

Hillman spoke by cell phone from Omaha, Neb. where tribal and fishing interests are protesting the Klamath dams at the shareholders meeting of Pacificorp parent company Berkshire Hathaway. The groups are asking Berkshire Hathaway CEO Warren Buffett to push Pacificorp to remove the dams.

 

Pacificorp spokeswoman Jan Mitchell said it's the company's policy not to comment on pending litigation. She said Pacificorp has been working with a group of stakeholders to come up with a resolution of the dispute over the river's hydropower dams, and has been working with federal regulators on a parallel course to relicense its operations.

 

The Karuk Tribe recently asked the North Coast Regional Water Quality Control Board to impose restrictions on the discharge of toxic algae from Pacificorp's reservoirs. The board turned down the request last month, saying its authority is trumped by the Federal Power Act.

 

Board Executive Officer Catherine Kuhlman said mandatory closures of lakes or water bodies -- like those the state of Oregon imposes -- during big algae blooms would require state rule-making action. She said the board, the tribes and local health officials are coming out with voluntary guidelines meant to guard against exposure to harmful algae this summer.

 

The suit says the dams unnaturally heat water in the reservoirs, prompting algae blooms and delaying cooling of the river as fall run chinook salmon begin their run to spawning grounds. It also claims that the reservoirs slow water from warming in the spring, stunting the growth of young salmon which can make them susceptible to parasites and predators.

 

In 2004, the U.S. Geological Survey found the dams do the same thing, and suggested that removing the dams might make the river more friendly to salmon in the fall.

 

Well-known trial lawyer Kevin Madonna said in a phone interview that the case is about standing up for people who are politically powerless against a company who has diminished the resource it profits from.

 

”It's a fundamentally undemocratic situation,” Madonna said.

 

Madonna wouldn't comment on why the suit was brought by individual litigants instead of as a class action.

 

Cotchett's firm is well-know for its huge lawsuits against corporations, savings and loan organizations, and even against Vice President Dick Cheney over the leak of CIA operative Valerie Plame's name. #

http://times-standard.com/local/ci_5808211

 

 

Editorial: Clean environment vs. clean environment

Eureka Times Standard – 5/3/07

 

For years, as the debate over the Klamath River's four hydroelectric dams has raged, the company has offered up lots of reasons why the Federal Energy Regulatory Commission should relicense them for another 30 to 50 years. But none has approach the chutzpah of its latest argument: Keeping the dams will help fight global warming.

 

It was probably inevitable, given that the overwhelming evidence of global warming has convinced everyone except the most diehard carbon-emission lovers. It's now politically correct for PacifiCorp to claim that even though the dams provide power to only a small fraction of its customers, the only viable alternatives to the river are building plants using coal or natural gas.

 

Thus, the long tug of war -- clean environment vs. jobs, or vs. the automobile, or vs. urban sprawl -- takes on a whole new dimension: clean environment vs. clean environment.

 

The Klamath has been sick for decades because of the dams. They block several hundred miles of potential spawning habitat for salmon. Low water flows cause the water to become too warm, causing thousands of salmon to die from disease. Reservoirs pollute the river by prompting toxic algae blooms, which can also be dangerous to people. The salmon fishing industry in the Pacific Northwest has been brought to its knees.

 

PacifiCorp proposes to trap fish and haul them up above Upper Klamath Lake, then truck the young fish back down again. But state and federal studies have shown that decommissioning the dams could be tens and even hundreds of millions of dollars cheaper than keeping them in place, while letting the salmon swim their way up and down.

 

The trucking argument seemed ridiculous, but the global warming rationale takes the cake. Give it up, PacifiCorp -- take down the dams. #
http://www.times-standard.com/allopinion/ci_5808212

 

 

Group files suit against Pacificorp for alleged toxic blooms

Associated Press – 5/2/07

By Sarah Skidmore, staff writer

 

PORTLAND, Ore.- A group of Klamath River tribal leaders, commercial salmon fishermen, recreational business owners and the Klamath Riverkeeper Group sued in federal court in Northern California Wednesday claiming two PacifiCorp dams on the river cause massive toxic algae blooms.

 

The lawsuit contends the reservoirs behind Iron Gate and Copco dams in Northern California are a toxic nuisance, threatening salmon fishing and posing a human health threat.

 

The suit wants Portland-based PacifiCorp to stop operating the dams in a way that causes the blooms.

 

PacifiCorp spokeswoman Jan Mitchell said the company does not comment on pending litigation.

 

PacifiCorp is seeking a new operating license for a number of its dams. But numerous Indian tribes, commercial fisherman and conservation groups want the dams removed rather than relicensed—saying the dams hurt water quality, wildlife and cause other problems.

 

The company contends removal would eliminate a source of renewable, low-cost power.

 

PacifiCorp serves 1.6 million customers in six Western states.

 

A collapse of wild salmon returns to the Klamath River triggered drastic cutbacks in salmon fishing off the coasts of Oregon and California last summer and prompted the governors of the two states to call a summit to consider removing the dams.

 

The summit was delayed so the various parties could try to reach an agreement.

 

PacifiCorp began settlement talks with 26 other parties affected by the dams as part of the relicensing process.

 

Regina Chichizola with the Klamath Riverkeeper said none of the individuals named in the lawsuit are involved in the settlement talks.

 

The individuals involved are part of a larger effort to draw attention to their concern and are headed for Omaha, Neb., this week where Berkshire Hathaway is holding a shareholders' meeting.

 

PacifiCorp, is owned by MidAmerican Energy Holdings Co., which is controlled by billionaire Warren Buffet. Berkshire Hathaway is his investment group.

 

They hope to capture Buffett's attention.

 

"We believe Warren Buffet really does care about health issues and poverty issues, what PacifiCorp is doing is hurting the health and viability of (others)," Chichizola said. "By talking to Warren Buffet, we are hoping to appeal to those concerns." #
http://www.contracostatimes.com/search/ci_5802774

 

 

EEL RIVER PROFILE:

The Eel River; A tour through a critical system

Ukiah Daily Journal – 5/3/07

By Ben Brown, staff writer

 

Editor's note: This is the first of two stories by Ben Brown on his two-day tour of the Eel River with the Mendocino County Farm Bureau.

 

The Eel River is 200 miles long, it runs through five counties and numerous mountain ranges, it drains 3,684 square miles of countryside and has three forks at various points along the way.

 

The river is home to at least 30 species of fish and the watershed supports a large number animals. It runs through mountains and forests, into and out of lakes and is joined by at least two major rivers and countless streams and tributaries on its way to the Pacific Ocean.

 

To say that it is big would be an understatement.

 

For the last three years, the Mendocino County Farm Bureau has taken people on a two-day trip through the Eel River watershed, hoping to foster a better understanding of where some of Mendocino County's water comes from and what it goes through on the way there.

 

Among the early stops on the tour is the small town of Dos Rios, on a bridge far above the area where the Main Fork and the North Fork of the Eel River meet and head north toward Humboldt County and the Pacific Ocean.

 

On the way to Dos Rios, forester Bill Smith, who was lived and worked in the forests around the Eel River his entire life, points out where a previous bridge over the Eel River once stood.

 

The bridge, which must have been easily 60 feet above the bed of the river, was carried away in the flood of 1964.

 

Looking at the river now, it can be hard to believe it was that high.

 

Both forks are running low this year and even to an untrained eye it is easy to see that the Eel is usually a much wider river than it is on this day.

 

The water is running only in the deepest parts of the river, often in channels no more than a dozen feet wide .

 

The Middle Fork of the Eel River is running higher than the main stem. Janet Pauli, chairwoman for the Mendocino County Inland Valley Water Commission said it was due to snow melt in the Yolla Bolly Mountains in Trinity County where part of the Middle Fork originates.

 

From a vantage point further down the road the snow-capped peaks of the Yolla Bolly Mountains were visible in the distance, but rain and snowfall in California have fallen short of average this year and no one expects the snow melt to last very long.

 

Not far up the road from Dos Rios, the tour stopped at a steep and narrow canyon that was once the proposed site of the Dos Rios Dam in the 1960s. The dam would have created a massive reservoir in the Covelo Valley with a tunnel to carry water back to the Sacramento Valley.

 

The people of Covelo, whose town would have been flooded to create the reservoir, objected and politics eventually forced the entire project to be scrapped.

 

This seems to be a microcosm of human interaction along the Eel. What will be helpful to one group of people is often harmful to another.

 

Further up the road, in Trinity County, the tour met up with Ross Burgess, a rancher, former Trinity County supervisor and third generation resident of the town of Kettenpom, a town that appears to be little more than a store, a post office and a space to park a fire engine on a flat space surrounded by densely packed conifers.

 

Burgess was one of the more important people the tour met up with. He and his family have lived in along the North Fork of the Eel River long enough to have observed the changes time has wrought.

 

Burgess said it is the trees that surrounded Kettenpom that have so thoroughly changed the watershed. In his father's time, Burgess said, there were an average of between eight and 10 conifers per acre, now they are so densely packed that walking through the forest is difficult and seeing more than a dozen feet impossible.

 

Conifers affect the watershed because they store water, Burgess said. If the trees store the water it doesn't make it into the river.

 

Less water means fewer fish.

 

Lumberjacks and homesteaders once harvested the trees, and lightning fires killed all but the tallest and strongest specimens.

Various federal agencies now own most of the land around the North Fork of the Eel River and have restricted logging and extinguish the dry lightning fires.

 

Without those two factors to keep the trees in check, Burgess said the conifers simply out-compete everything else.

 

The transition between the North Fork of the Eel in Trinity County and the South Fork of the Eel in Humboldt and Mendocino counties is both sudden and dramatic.

 

Dry red soil gives way to green grass and the tall skinny conifers are replaced with the massive iconic trunks of redwood trees.

 

Smith said the South Fork of the Eel River generally does better than the North Fork. The North Fork watershed is owned largely by federal agencies and is sparsely logged. The South Fork is mostly privately owned and gets more logging.

 

That doesn't tell the whole story though, Smith said. The South Fork also has a different climate, with more rain and mist blowing in from the nearby coast, as well as an entirely different ecology.

 

The mouth of the Eel River, where it empties into the Pacific Ocean, isn't in any one place. It's a tidal estuary that serves as a habitat and nursery for fish as well as a buffet for other animals.

 

Both the salmon and steelhead that populate the Eel River enter and exit the river here and often stay there for a short time.

 

This provides food for the seals, sealions and otters that live in the estuary, as well as countless birds and other fish.

 

The tour, though extensive, barely provides a snapshot of the size and complexity of the Eel River watershed. But it does provide an understanding that is not available from maps, tables and water reports. #

http://www.ukiahdailyjournal.com/ci_5809252

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