WA Sets Temperature Limits for Federally Managed Columbia and Snake River Dams to Protect Salmon
For the first time, Washington State has exercised its authority to set temperature and pollution regulations for the 8 federally managed Columbia-Snake River dams to save imperiled salmon. WA has issued 401 Clean Water Act Certifications that set TMDLs (Total Maximum Daily Load) for oil pollution and temperature, requiring federal dam operators to keep water conditions within a safe range for salmon.
This decision comes on the heels of a landmark ruling that requires the EPA to address the hot water issue in the Columbia-Snake Hydro-system to save endangered salmon. Represented by Advocates for the West, IRU, Columbia Riverkeeper, Snake River Waterkeeper, fishing industry groups, and partners took legal action against the EPA for decades of failure to comply with the Clean Water Act (CWA). The Ninth Circuit Court of Appeals mandated that the EPA must create a plan to achieve temperature targets, affirming that the agency is accountable to CWA requirements and paving the way for WA to exercise its authority.
The eight federally managed dams release oil into the water during general operations, resulting in oil spills of more than 1,000 gallons on several occasions. Dam operations cause increases in water temperature, and the long, shallow reservoirs behind the dams cause water to become hotter and stay warm for longer. During the summer months, temperatures in the Columbia-Snake Hydro system regularly exceed 68 degrees, the temperature at which salmon begin to die, stressing these endangered species during their spawning migration. In 2015, thousands of Columbia-Snake River sockeye died due to hot water, resulting in loss of nearly 99% of sockeye in the river system before reaching their spawning grounds.
Historically, the dams have never obtained water quality certifications under the 401 rule, despite being required to do so following a court decision in 2013. Federal Dam operators have appealed to the state of Washington, asking for the authority of the WA Dept. of Ecology to set TMDL’s for the Columbia-Snake River to be waived. Additionally, the current administration plans to release new rules that undermining a state’s ability to create water quality standards under the 401 rule, effectively limiting the authority of states in water pollution management.
The State of Oregon has also issued a statement regarding water certification requirements for the Columbia-Snake River, requiring the EPA to deal with water quality violations at the eight dams. As a “downstream state”, their authority differs from Washingtons within the certification process. However, they intend to reject permits that do not address temperature and pollution issues that impact salmon.
Idaho Rivers United applauds Gov. Inslee and the State of Washington in exercising their authority to implement water quality standards and protect endangered salmon in the Columbia-Snake River. We also applaud the State of Oregon and Gov. Brown for once again taking a bold stance for salmon recovery. The failure of federal agencies to protect endangered salmon is inexcusable.
These eight federally managed dams have been in violation of federal and state law for decades. Just as private dams must abide by the Clean Water Act, so do federally managed dams. We support Washington’s authority to require the Columbia-Snake River dams accountable to the CWA, as well as Oregon’s requirements for the permitting process. This is a tremendous step forward in protecting our wild salmon.