Key regulatory step toward restoration of free-flowing Klamath River
July 17, 2020
Contact: Amy Kober, 503-708-1145
The Federal Energy Regulatory Commission yesterday approved the transfer of the license for the Klamath River dams from PacifiCorp to the Klamath River Renewal Corporation (KRRC) for the purpose of dam removal, conditioned on PacifiCorp remaining a co-licensee.
“FERC’s ruling is a critical milestone. Working with PacifiCorp, KRRC and our partners, we are confident we’ll stay on track to achieve this river restoration effort that is essential to people, salmon and clean water in the Klamath Basin,” said Bob Irvin, President and CEO of American Rivers.
A 2016 agreement held that the license would be transferred from PacifiCorp to KRRC. FERC’s requirement that PacifiCorp remain a co-licensee still outlines a path forward to dam removal. Demolition of the four hydropower dams, J.C. Boyle, Copco No. 1, Copco No. 2 and Iron Gate, is anticipated to begin in 2021 and be completed in 2022.
The river’s Indigenous people, including the Karuk, Yurok and Klamath tribes, and local communities have advocated to remove the dams and restore the river and salmon runs for decades. The dams block habitat and have devastated salmon populations. The reservoirs behind the dams encourage growth of algae that is toxic to people, pets and wildlife. Removing the dams will restore salmon access to 300 miles of habitat, improve water quality and strengthen local communities that rely on salmon for their economy and culture.
“This river restoration effort has been decades in the making and we are closer than ever to our goal of a healthy, free-flowing river,” said Irvin. “We are grateful to Karuk, Yurok and Klamath tribes for their ongoing leadership and we thank elected leaders including Oregon Governor Kate Brown and California Governor Gavin Newsom who continue to support river restoration and solutions for salmon, clean water and communities,” Irvin said.
The dams provide no drinking water supply or irrigation. PacifiCorp agreed to dam removal in 2016 because the dams’ costs outweighed their benefits. Power from the dams will be replaced using renewables and efficiency measures, without contributing to climate change. In 2008, the Public Utilities Commissions in Oregon and California concluded that removing the dams, (instead of spending more than $500 million to bring the dams up to modern standards), would save PacifiCorp customers more than $100 million.
KRRC expects dam deconstruction and river restoration to create several hundred jobs in the Klamath Basin. Klamath salmon support commercial fisheries worth $150 million per year and the recreation industry contributes millions to the local Klamath Basin economy, according to KRRC.
Learn more:
Video: Lessons from the Klamath
July 17, 2020
Contact: Amy Kober, 503-708-1145
The “Hydropower Clean Energy Future Act” introduced by Rep. Cathy McMorris-Rodgers (R-WA) would roll back critical river and clean water protections, cut the public out of decision-making and put rivers nationwide at risk, American Rivers warned today.
“This legislation is a misguided attack on healthy rivers and the environment under the guise of ‘regulatory reform.’ By slashing safeguards for rivers, clean water and wildlife this bill would let energy companies off the hook for the damage their dams cause,” said Bob Irvin, President and CEO of American Rivers.
Key concerns with the legislation include:
- Takes authority from the agencies charged with managing natural resources and gives that authority to a different agency, the Federal Energy Regulatory Commission (FERC), which has a different mandate.
- Tightly limits agency 4(e) and Sect. 18 authority to address only direct project impacts instead of cumulative impacts. Currently, agencies have the authority to not just mitigate impacts but to require enhancement of the resource. That would end under this bill.
- Limits participation of Native American tribes, states and the public in hydropower licensing proceedings by shortening timelines, eliminating meetings and reducing opportunities for effective mitigation measures that address project impacts.
- Limits scientific studies and places the burden of demonstrating the need and value of necessary studies on agencies (freeing the project applicant from that responsibility).
“There is a role for hydropower in the fight against climate change, and we must maximize low-carbon sources of energy,” said Irvin. “But it is imperative that we not destroy the environment we are trying to save by ignoring the serious environmental harm caused by hydropower dams, and the resulting economic and societal costs. We can have, and must demand, energy that avoids carbon emissions, does not consume finite natural resources, and does not irreparably harm the environment.”
Irvin added, “Hydropower dams constructed over the past century have decimated fish and wildlife, dried up rivers, inundated riverside lands and destroyed cultural sites sacred to Native American tribes. This legislation ignores these harmful impacts and creates loopholes for powerful energy companies to avoid addressing them.”
“In addition to our decades of successful work removing dams and restoring rivers, American Rivers has also long supported efforts to advance responsible hydropower development that doesn’t cause new harm to rivers,” Irvin said. “Examples include increasing efficiency at existing hydropower dams and adding power generation to irrigation conduits and currently non-powered dams. Unfortunately, this legislation undermines those positive efforts and is counterproductive to finding collaborative solutions that meet our nation’s needs.”
About American Rivers:
American Rivers believes a future of clean water and healthy rivers for everyone, everywhere is essential. Since 1973, we have protected wild rivers, restored damaged rivers and conserved clean water for people and nature. With headquarters in Washington, D.C., and 300,000 supporters, members and volunteers across the country, we are the most trusted and influential river conservation organization in the United States, delivering solutions for a better future. Because life needs rivers. www.AmericanRivers.org
July 16, 2020
Contact: Amy Kober, 503-708-1145
American Rivers announced today that Wm. Robert (Bob) Irvin will retire as President and CEO in January 2021.
“Bob’s leadership and vision will be greatly missed,” said John Haydock, Chairman of the American Rivers Board of Directors. “Over the past nine years, he has been a passionate voice for rivers and clean water in national policy debates. With Bob at the helm, American Rivers set and met ambitious goals for protecting and restoring rivers and conserving clean water in priority river basins across the country. He has earned American Rivers national and global recognition for conservation leadership, including receiving the prestigious Stroud Award for Fresh Water Excellence in 2018. In addition, Bob has worked tirelessly to enhance our commitment as an organization to diversity, equity, and inclusion and has been a thoughtful and caring leader of American Rivers.”
Since Irvin became President and CEO in July 2011, American Rivers has removed 194 dams, restoring more than 5,000 miles of free-flowing rivers. It helped win permanent protection by Congress of approximately 740 miles of new Wild and Scenic Rivers from New Hampshire to Oregon. American Rivers fought for protection of headwater streams and wetlands by securing the Clean Water Rule during the Obama administration and has gone to federal court three times to defend those protections against the Trump administration’s efforts to undermine them.
During Irvin’s tenure, American Rivers fought back repeated efforts to weaken environmental safeguards in hydropower relicensing, while also seeking common ground with the hydropower industry in addressing climate change and river restoration. American Rivers partnered with diverse communities across the nation in implementing green infrastructure to address polluted stormwater runoff and conserve clean water. Its annual list of America’s Most Endangered Rivers® catalyzed protection of rivers from climate change, dams, mining, urban stormwater runoff, agricultural pollution and other threats. With the assistance of hundreds of thousands of volunteers, American Rivers collected 21.7 million pounds of trash from rivers and streams during the past decade.
“I am pleased that under my leadership, American Rivers has been a strong and influential conservation organization, the nation’s voice for rivers,” Irvin said. “It has been a privilege to lead this great organization during some very challenging times. Working alongside our dedicated staff and board, I am proud of all we have accomplished to protect wild rivers, restore damaged rivers, and conserve clean water for people and nature. Now, more than ever, everyone needs access to healthy rivers and clean water, and I know that American Rivers will continue to work for those goals. I look forward to working together with the board and staff through the rest of the year to ensure a smooth and successful leadership transition for American Rivers.”
American Rivers will immediately launch a national search for its next President and CEO.
About American Rivers
American Rivers believes a future of clean water and healthy rivers for everyone, everywhere is essential. Since 1973, we have protected wild rivers, restored damaged rivers and conserved clean water for people and nature. With headquarters in Washington, D.C., and 300,000 supporters, members and volunteers across the country, we are the most trusted and influential river conservation organization in the United States, delivering solutions for a better future. Because life needs rivers. www.AmericanRivers.org
July 15, 2020
Contact: Amy Kober, 503-708-1145
President Trump today will announce sweeping rollbacks to the National Environmental Policy Act that put clean water and river health at risk, and threaten public health, particularly in Black, Latinx and Indigenous communities nationwide.
NEPA is one of our country’s cornerstone federal environmental laws, requiring that any major action (such as construction of a dam, power plant or pipeline) undertaken, permitted or funded by the federal government be assessed to determine its impact on the environment and communities. The Trump administration’s changes to NEPA will drastically limit this review and public input, paving the way for more environmental destruction and pollution of our air, lands and waters.
Bob Irvin, President and CEO of American Rivers, made the following statement:
“In the midst of the worst public health crisis in American history, President Trump is gutting one of our nation’s most important environmental laws. This means more pollution and health risks, especially for Black, Latinx and Indigenous communities. It means more destruction of rivers and streams. It means less participation for the public and more loopholes for polluters. It is precisely the wrong approach to ensuring a healthful environment and one that American Rivers strongly opposes. We will continue to fight to ensure healthy rivers and clean water for all.”
“Adding insult to injury, President Trump chose to make the announcement in Atlanta, where, with the authority of NEPA and other bedrock environmental laws, promising efforts are underway advancing innovative green infrastructure and clean water solutions that deliver benefits for the environment and economy and begin to address longstanding injustices. Instead of trashing the laws meant to protect our environment and public health, the Trump administration should be working with Atlanta’s leaders on solutions that improve water quality and strengthen communities.”
Learn more about why NEPA matters:
An attack on common sense: Don’t let the Trump administration kneecap NEPA!
For immediate release
July 13, 2020
Contacts:
Andrew Hawley, Western Environmental Law Center, 206-487-7250, hawley@westernlaw.org
Amy Kober, American Rivers, 503-708-1145, akober@americanrivers.org
Bob Nasdor, American Whitewater, 617-584-4566, bob@americanwhitewater.org
Nic Nelson, Idaho Rivers United, 208-343-7481, nic@idahorivers.org
Walter “Redgie” Collins, California Trout, 415-748-8755, rcollins@caltrout.org
SEATTLE—Citing breathtaking levels of overreach, conservation, fishing, and paddling advocates today filed a complaint in federal court challenging the Environmental Protection Agency’s (EPA) final rule effectively sidelining the role the states and the public have long played in permitting decisions affecting clean water.
“With this rule change, the Trump administration has given corporations the green light to run roughshod over local communities, and has proven it is more interested in corporate rights than states’ rights,” said Andrew Hawley, attorney at the Western Environmental Law Center. “The judicial branch must intervene to preserve some semblance of balance in our nation. What an opportunity for the courts here: To stop this flagrant overreach steamrolling states and Tribes while preserving an essential public health and clean water protection.”
The new rule guts the Clean Water Act’s Section 401 provisions, which for nearly 50 years have provided for states’ and authorized Tribes’ self-determination in permitting for a wide array of projects requiring federal approval within their borders. The rule also suppresses state and Tribal public participation processes that moor U.S. water policy in the harbor of democracy.
“Now is not the time to be rolling back protections for our rivers and clean water,” said Chris Williams, senior vice president for conservation at American Rivers. “We need to be doing more, not less, to ensure healthy rivers can provide clean drinking water and support strong communities and local economies. The Trump administration’s unlawful new 401 rules abandon the Clean Water Act’s commitment to providing a voice for Tribes, states, and communities in how their rivers and streams are protected and managed, allowing potentially harmful projects to escape critical local review. We must protect the rights of states and Tribes to defend clean water safeguards.”
“The rule changes will have a long-term and devastating effect on California’s ability to manage its clean water resources,” said Redgie Collins, staff attorney at California Trout. “Unless changed, this gives hydroelectric dam operators the ability to skirt State Water Board regulations that protect the health, safety, and welfare of all Californians.”
This rule change is separate from rollbacks to the Waters of the U.S. Rule (WOTUS), which eliminates protections for many waterbodies throughout the country, but represents an equally dangerous threat to clean water and public health nationwide: Section 401 applies broadly to any proposed federally licensed or permitted activity that may result in a discharge into any waterway that is covered under the law. Projects that may be approved against states’ and Tribes’ wishes include pipelines, hydropower, industrial plants, municipal facilities, and wetland development.
Working in combination, the Section 401 and WOTUS rollbacks will make it virtually impossible for states, Tribes, and communities to stand in opposition to projects that will pollute and harm their rivers, streams, lakes, and wetlands.
Further, the new rule limits the information on proposed projects that may be made available to the states, Tribes, and the public.
“These new regulations are a brazen attack on the Clean Water Act with the goal of undermining the public’s ability to protect our rivers from harmful impacts of federally-licensed energy projects on the environment and outdoor recreation,” said Bob Nasdor, American Whitewater legal director. “Rather than protecting and restoring our rivers, these rules will weaken water quality by limiting the information, time for review, and ability of the states to require that projects meet state standards.”
“Under the cover of COVID-19, the Trump administration has again stripped one of our bedrock environmental laws and is giving extractive and polluting industries the power to dictate their own pollutant levels in our rivers, lakes, and wetlands, all in the name of profit,” said Nic Nelson of Idaho Rivers United. “By effectively silencing public review and participation processes for these projects, they will have equally degraded our basic rights of democracy.”
The new rule, finalized without Congressional input, directly overturns Congress’ intent to integrate state and federal authority for permitting decisions affecting state waterways.
Photos for media use available here.
Letters (public comments) from states, Tribes, and organizations opposing Section 401 rollbacks:
Opposition Letter: State of South Dakota (scathing)
October 21, 2019
https://pdfhost.io/v/v.mLY3z2d_20191021South_Dakota_CWA_401_commentspdf.pdf
Opposition Letter: State of Arkansas
October 21, 2019
https://pdfhost.io/v/5RTbsrt8~_AR_401_Commentspdf.pdf
Opposition Letter: State of California
October 21, 2019
https://pdfhost.io/v/F1zojtGKa_20191021_Ltr_to_A_Wheeler_re_SWRCB_response_to_401_Cert_Proposed_Rulepdf.pdf
Opposition Letter: Confederated Tribes and Bands of the Yakama Nation
October 21, 2019
https://pdfhost.io/v/FoaQ2zvAh_20191021Yakama_Nation_Section_401_Commentspdf.pdf
Opposition Letter: Inter Tribal Association of Arizona
October 21, 2019
https://pdfhost.io/v/.jk5nJ1oK_InterTribal_Assn_of_AZ_401_Commentspdf.pdf
Opposition Letter: State of Idaho
October 21, 2019
https://pdfhost.io/v/kZlX31CB7_ID_401_Commentspdf.pdf
Opposition Letter: State of Louisiana
October 19, 2019
https://pdfhost.io/v/F52ivsrg._LA_401_Commentspdf.pdf
Opposition Letter: Menominee Indian Tribe of Wisconsin
October 22, 2019
https://pdfhost.io/v/UTuKpy6FF_Menominee_Tribe_401_Commentspdf.pdf
Opposition Letter: State of Montana
October 17, 2019
https://pdfhost.io/v/SnoPVhxYj_MT_401_rule_Commentspdf.pdf
Opposition Letter: State of Nevada
October 17, 2019
https://pdfhost.io/v/0BeC6MkzI_NV_401_Rule_Commentspdf.pdf
Opposition Letter: State of New York
October 21, 2019
https://pdfhost.io/v/c0.jrsYs~_NY_401_Commentspdf.pdf
Opposition Letter: State of Pennsylvania
October 21, 2019
https://pdfhost.io/v/Q9h7qFprp_PA_Comments_on_401_rulepdf.pdf
Opposition Letter: Seattle City Light
October 21, 2019
https://pdfhost.io/v/XDTlaYaTh_Seattle_City_Light_401_Commentspdf.pdf
Opposition Letter: Skokomish Indian Tribe
October 20, 2019
https://pdfhost.io/v/NKCE.ps4l_20191020Skokomish_Tribe_Section_401_Commentspdf.pdf
Opposition Letter: Standing Rock Sioux
October 21, 2019
https://pdfhost.io/v/67Ar2EyV8_Standing_Rock_Sioux_401_Commentspdf.pdf
Opposition Letter: State of Tennessee
October 21, 2019
https://pdfhost.io/v/e7PdQltny_TN_401_Commentspdf.pdf
Opposition Letter: State of Texas
October, 2019
https://pdfhost.io/v/SS5mPC48m_TX_401_commentspdf.pdf
Opposition Letter: Twenty-Nine Palms Band of Mission Indians
October 14, 2019
https://pdfhost.io/v/hiNTrBCKr_Twenty_Nine_Palms_Band_401_Commentspdf.pdf
Opposition Letter: State of Washington
May 24, 2019
https://pdfhost.io/v/21GYgD4xa_WA_401_Commentspdf.pdf
Opposition Letter: National Governors’ Association
October 18, 2019
https://www.nga.org/policy-communications/letters-nga/natural-resources-committee/letter-regarding-the-environmental-protection-agencys-proposed-rule-updating-regulations-on-water-quality-certification/
Opposition Letter: Western Governors’ Association, National Conference of State Legislatures, National Association of Counties, National League of Cities, U.S. Conference of Mayors, Council of State Governments, Western Interstate Region, Association of Clean Water Administrators, Association of State Floodplain Managers, Association of State Wetland Managers, Western States Water Council
October 16, 2019
https://www.ncsl.org/Portals/1/Documents/standcomm/scnri/EPA_NPRM_CWA_401_Comments_FINAL.pdf?ver=2019-10-17-150909-880×tamp=1571346568787
Opposition Letter: Earthjustice, Sierra Club, and 31 other organizations
October 21, 2019
https://www.sierraclub.org/sites/www.sierraclub.org/files/uploads-wysiwig/Sierra%20Club%20Comments%20Section%20401%20EPA%20Proposed%20Rule%20final.pdf
Opposition Letter: Sens. Carper, Duckworth, and Booker
October 21, 2019
https://www.epw.senate.gov/public/index.cfm/2019/10/carper-duckworth-and-booker-epa-s-section-401-proposal-violates-states-rights-harms-water-quality
Opposition Letter: Southern Environmental Law Center
October 21, 2019
https://www.southernenvironment.org/uploads/words_docs/SELC_Comments_on_%E2%80%9CUpdating_Regulations_on_Water_Quality_Cer….pdf
Opposition Letter: Rep. Peter DeFazio
July 29, 2019
https://transportation.house.gov/imo/media/doc/2019-7-29%20PAD_LTR%20to%20EPA%20re%20401Certification.pdf
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Report: Investment in water infrastructure and healthy rivers creates jobs, strengthens communities
American Rivers calls for $500 billion in federal spending for water infrastructure, river restoration
July 1, 2020
Contact: Amy Kober, 503-708-1145
Report, poster series, factsheets and infographics available at: AmericanRivers.org/InvestInRivers
Washington – An answer to our nation’s current economic downturn is flowing through cities, towns, fields and forests across the nation. A new report, “Rivers as Economic Engines: Investing in rivers, clean water, communities and our future” presents a vision for positive, transformational change.
The report by American Rivers makes the case for boosting federal water infrastructure and river restoration spending and suggests a framework for equitable investment that will strengthen communities nationwide. American Rivers called on Congress to invest $500 billion over ten years in water infrastructure and river restoration.
“Our nation is in a defining moment,” said Bob Irvin, President and CEO of American Rivers. “We are grappling with a devastating pandemic, a historic economic downturn and the impacts of climate change. These threats are disproportionately impacting Black, Indigenous, Latinx and other historically marginalized people. It is time for transformational solutions that strengthen communities, improve public health, address longstanding injustices, and boost our economy. Equitable investment in clean water and healthy rivers is vital to a better future.”
Congress is currently working on several bills that address water infrastructure improvements, including the Moving Forward Act (H.R. 2) which includes $40 billion for wastewater and $25 billion for drinking water. American Rivers supports this effort and applauds the increase in funding, but urged Congress to do more by committing to a $500 billion ten-year investment.
Communities have proven that safeguarding clean water and river health creates jobs and boosts the economy. The “Rivers as Economic Engines” report highlights findings, including:
- Investing $82 billion per year in water, wastewater and stormwater infrastructure for 10 years would generate $220 billion per year in economic activity and would produce and sustain 1.3 million jobs over the 10-year period (Value of Water Campaign, 2017)
- Healthy rivers plow money back into the economy through recreation activities, with watersports and fishing directly generating over $175 billion in retail spending annually and over 1.5 million jobs nationwide. (Outdoor Industry Association)
- The ecological restoration sector directly employs approximately 126,000 workers nationally, and supports nearly another 100,000 jobs indirectly, contributing a combined $25 billion to the economy annually (University of North Carolina)
“Too many communities in our country don’t have access to safe, clean, affordable drinking water. Too many communities are degraded by sick, polluted rivers. Too many communities lack good job opportunities. For too long, our nation’s infrastructure investments, or lack of investments, have harmed our most vulnerable communities,” Irvin said.
The federal government has a long history of investing in river and water projects that damage rivers and perpetuate injustices against Black, Indigenous, Latinx and other marginalized communities. During the Great Depression, the Public Works Administration built massive dams and other water projects, including Hoover Dam on the Colorado River, Fort Peck Dam on the Missouri River, Grand Coulee Dam on the Columbia and the Upper Mississippi River locks and dams. Across the country, rivers were harnessed and degraded, devastating ecosystems, displacing Indigenous people and local communities, destroying cultural sites and inundating riverside lands.
“Today, we have a once-in-a-lifetime opportunity to create real, lasting change. We must be clear about what positive infrastructure investment looks like, focusing on sustainability and equity, and prioritizing the needs of low-income neighborhoods and Black, Indigenous and Latinx communities,” Irvin said.
American Rivers called on Congress to invest $500 billion over ten years in the following three areas:
- Improve Water Infrastructure ($200 billion): Prioritize investment to improve water infrastructure and encourage “One Water” solutions to maximizes economic, social and environmental benefits. This includes ensuring safe and affordable clean water and sanitation – particularly in Black, Indigenous, Latinx and other marginalized communities – by funding the improvement of water systems, and prioritizing investments that focus on green infrastructure and water efficiency.
- Modernize Flood Management ($200 billion): Prioritize investments to incentivize a shift from outdated flood management policies to a multi-benefit approach that protects communities, ensures public safety, and restores river health. This includes incentivizing natural infrastructure solutions for flood management and community resiliency and ensuring flood management plans that include climate resiliency planning and prioritize natural infrastructure or nature-based solutions.
- Revitalize Watersheds ($100 billion): Increase funding to communities to restore rivers, make agriculture more efficient and sustainable and improve recreation opportunities. This includes prioritizing integrated water management plans, incentivizing agricultural improvements including updating irrigation infrastructure, and developing a new 21st Century Civilian Conservation Corps that will restore river and riparian habitat and improve recreational access.
“The nearly three million miles of rivers running across our country are a source of great strength and opportunity. By prioritizing investments for water infrastructure and healthy rivers, Congress can create jobs, boost the economy and strengthen our communities for generations to come,” Irvin said.
Read the full report at www.AmericanRivers.org/InvestInRivers
June 22, 2020
Contact: Sinjin Eberle, 720-373-0864
In a major victory for one of the Southwest’s last major free flowing rivers, the New Mexico Interstate Stream Commission voted 7-2 on Friday to end work on the Environmental Impact Statement for the Gila River diversion. The threat of the diversion spurred American Rivers to name the Gila America’s Most Endangered River® of 2019.
“This is a resounding victory for last year’s Most Endangered River and one of New Mexico’s greatest natural treasures. We applaud our partners for their years of work and the Interstate Stream Commission for recognizing the value of the free-flowing Gila River,” said Bob Irvin, President and CEO of American Rivers.
The Gila River Diversion has long been a contentious, wasteful proposal, that would have devastated New Mexico’s last major wild river. Partners including the Gila River Indian Community, Gila Conservation Coalition, Upper Gila Watershed Alliance and Center for Biological Diversity have been vital to the effort to stop the diversion.
Flowing out of the nation’s first Wilderness Area, the Gila River supports outstanding examples of southwestern riparian forest, cold-water fisheries and a remarkable abundance of wildlife. The Gila River is important to Indigenous peoples who have lived in southwestern New Mexico for thousands of years. Many cultural sites are found along the Gila River and throughout the watershed.
“Our people have lived on the banks of the Gila River in Arizona for thousands of years, and we have watched our River dwindle through overuse in the Upper Valley,” said Governor Lewis of the Gila River Indian Community, located in Arizona on the banks of the Gila River. “We have known for decades that our River is in danger, so we were pleased to partner with American Rivers in the fight to protect the River. The action by the New Mexico Interstate Stream Commission to end funding for the proposed Gila River diversion is a significant victory in our common fight to protect the Keli Akimel, as we call the River in our language. Hopefully, with this decision, we can put this wasteful proposal behind us for good. Our fight to protect the Gila will never be over, but this is a resounding victory and I want to thank our partner, American Rivers, for all their hard work in helping to bring this about.”
The diversion could have dried up the Gila River, impacting fish and wildlife and the local outdoor recreation and tourism economy. The diversions and infrastructure would have harmed critical habitat for seven threatened or endangered species. Declining groundwater levels caused by the diversion and new groundwater pumping would have threatened the cottonwood-sycamore-willow bosque, some of the last remaining intact riparian forest in the Lower Colorado River Basin.
Now that the diversion proposal is dead, the commission will have the opportunity to re-allocate nearly $70 million to more river-friendly, shovel-ready, local water supply projects benefitting tens of thousands of residents across Southwestern New Mexico, including infrastructure improvements in Deming, Lordsburg, Silver City, and greater Grant County.
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Construction crews mobilize to remove dam, restore free-flowing river and fish passage
June 17, 2020
Contact: Amy Kober, American Rivers 503-708-1145, akober@americanrivers.org
Renee LaCroix, City of Bellingham, rlacroix@cob.org
Bellingham – Construction crews have begun working to remove the Middle Fork Nooksack Dam, a top priority project for salmon recovery in Puget Sound.
The result of years of effort and partnership by the Nooksack Indian Tribe, Lummi Nation, American Rivers, City of Bellingham, Washington Department of Fish and Wildlife, conservation organizations and state and federal agencies, the Middle Fork Nooksack River Fish Passage Project will restore habitat for threatened steelhead, bull trout, and Chinook salmon, a vital food source to endangered southern resident killer whales.
Crews have been working for months to prepare the site, including extensive precautions to avoid the spread of COVID-19. The dam will be demolished in July and restoration of the river channel will take place in August. When in-water work is completed in September, the river will flow freely for the first time in more than 50 years.
“Rivers are vital to life, and when we remove a dam and let a river flow freely, people, fish and wildlife, and the economy can all benefit,” said April McEwen, associate director of American Rivers’ River Restoration Program and project manager.
The project showcases how communities can work together to restore and care for vital resources while maintaining water supply.
“The Middle Fork Dam was constructed as an essential piece to our drinking water infrastructure but we have known for over a decade that we needed a creative solution to restore access to this pristine fish habitat,” said Renee LaCroix, assistant director for City of Bellingham Public Works. “Fish are an invaluable cultural and ecological resource in the Pacific Northwest and we are grateful for the community relationships that made this long-term vision a reality.”
“It is possible to create a more sustainable future by restoring a free-flowing river to provide critical habitat for threatened species and to meet the needs of communities,” said McEwen. “We hope this example of tremendous collaboration and innovation can inform and inspire other river restoration efforts in the region and nationwide.”
“Nooksack is a historical tribe in this watershed,” said George Swanaset Jr., Nooksack Tribe’s natural and cultural resources director. “Work began many years ago with Nooksack tribal members Peter Joseph, George Swanaset Sr., Paul Costello and Nooksack Cultural Committee, and is still ongoing. The diversion dam is located in the boundaries of an area nominated as Traditional Cultural Property with the National Register of Historical Places.”
“We want to see the salmon return and continue protecting a resource that has always been there for our people,” said Trevor Delgado, Nooksack tribal historic preservation officer. “The Middle Fork dam removal project is a representation of decades of work and provides an opportunity to work together collaboratively to protect an area that is deeply rooted to our culture. What the Middle Fork means for our people today, we want it to mean the same for future generations. We want to continue to pass on the bridge from our ancestors into the future.”
“The habitat in the Nooksack basin will take decades to recover because there are many limiting factors that impact Endangered Species Act listed (ESA) early Chinook,” said Merle Jefferson, director of Lummi Natural Resources. “The habitat above the Middle Fork has potential and we hope that this project will provide more spawning habitat for the salmon, which are integral to our heritage and cultural identity.”
“The State and tribal co-manager hatchery programs will provide the necessary adult salmon spawners to seed the new habitat. These hatchery programs are critical to preserving the ESA species while habitat recovers. We will be working together to monitor the effects of the dam removal and hope that the project produces the fish returns we are looking for,” Jefferson said.
Removing the Middle Fork Nooksack Dam will restore access to 16 miles of cold, pristine spawning and rearing habitat in the upper Middle Fork Nooksack River for threatened spring Chinook salmon, steelhead and bull trout. Project elements include moving the point of water diversion upstream to eliminate the need for the dam while maintaining water supply; removing the dam and restoring the channel to reconnect habitat; and installing fish screens to prevent entrainment into the water supply diversion.
Fish passage at the dam was recognized as the top priority action to increase spring Chinook in the Water Resources Inventory Area 1 Salmon Recovery Plan. In the 2019-2021 state biennium, the project was ranked the top priority for funding by the Puget Sound Acquisition and Restoration program and subsequently funded in the state capital budget.
Additional benefits include restoration of culturally significant resources for the Nooksack Indian Tribe and Lummi Nation, increased resiliency of Bellingham’s municipal water supply and removal of a safety hazard for whitewater kayakers.
The Middle Fork Nooksack River Dam was built to supplement the City of Bellingham’s water supply in 1961. Though state law at the time required fish passage, dam construction was permitted without the inclusion of passage.
The Nooksack Indian Tribe has advocated for dam removal for decades. In 2002, the WRIA 1 fishery co-managers, the Nooksack Indian Tribe, Lummi Nation, and Washington Department of Fish and Wildlife, signed a memorandum of understanding with the City of Bellingham to work together to restore fish passage at the dam. Several design efforts and feasibility studies were undertaken without approval of a feasible solution.
The project was re-initiated in 2017 when American Rivers became a formal partner, with funding provided by the Paul G. Allen Family Foundation for project management and coordination, as well as planning and construction. The private foundation funding was critical to development of the project and in leveraging remaining public funding needed for project completion.
The project is managed by the City of Bellingham and American Rivers, with key support from the Nooksack Indian Tribe, Lummi Nation, Washington Department of Fish and Wildlife. Funding and collaboration was provided by the Paul G. Allen Family Foundation, City of Bellingham, National Oceanic and Atmospheric Administration, U.S. Fish and Wildlife Service, Puget Sound Partnership, Puget Sound Acquisition and Restoration Fund, and the Open Rivers Fund, a program of Resources Legacy Fund supported by The William and Flora Hewlett Foundation. Additional project partners include Long Live the Kings and American Whitewater.
The Nooksack River watershed, located in northwestern Washington, spans parts of Whatcom and Skagit Counties and reaches north into British Columbia. The watershed covers more than 830 square miles and contains more than 1,000 miles of streams and rivers, spanning three main Nooksack River tributaries – the North, Middle and South Forks. From the flanks of glaciers on Mount Baker, the river flows through forests, farms and towns to Bellingham Bay and Puget Sound.
Before the arrival of non-native settlers to the area that is now known as Whatcom County, the Nooksack Indian Tribe had intimate knowledge and use of the Nooksack River, inhabiting areas throughout its watershed, including the isolated section of the Middle Fork. Historically, the Middle Fork was a place for hunting, gathering, solitude and spiritual practice. Today, the Middle Fork Nooksack is a Traditional Cultural Property and has been nominated by the Tribe as a Place of Significance. The people of Nooksack and their descendants see the area as part of their cultural identity and wish to continue their traditional practices.
Lummi Nation’s Usual and Accustomed area for fishing, hunting and gathering reserved by the 1855 Point Elliot Treaty is far reaching through the Puget Sound area and includes the San Juan Islands, Fraser River in Canada and Nooksack River watershed where the dam removal project is taking place. Early Chinook are an integral part of the heritage and culture of its 5,500 community members. The Tribe is working to restore salmon fishing back to mid-1980s harvest levels by restoring salmon habitat in the watershed and providing harvestable fish through hatchery production at its three salmon hatchery facilities.
Middle Fork Nooksack Fish Passage Project – partner quotes
“Removing the Middle Fork Nooksack Dam will restore miles of pristine habitat for fish and illustrates the type of collaborative projects essential to salmon recovery in the Pacific Northwest. We hope that this public private partnership inspires future work that benefits people, salmon and orcas.”
-Anji Moraes on behalf of the Paul G. Allen Family Foundation
“The Middle Fork Nooksack River Fish Passage Project will benefit both fish species and people. The newly accessible areas of the river will provide Puget Sound Chinook salmon, bull trout and steelhead additional spawning and rearing habitat and the expected increase in population abundance for Chinook salmon will, in turn, help the southern resident orcas. The river holds cultural significance for the Nooksack Indian Tribe and Lummi Nation, and the relocation of the City of Bellingham’s water supply intake maintains a reliable drinking water supply for the city’s residents. This project will continue to deliver multiple benefits over the long term. The Partnership is pleased to be involved as a funding partner in this project through the Puget Sound Acquisition and Restoration Fund, and we are deeply grateful to the many other partners and funders who have made this project possible.”
-Laura Blackmore, executive director, Puget Sound Partnership
“The removal of the Nooksack Dam was identified by the U.S. Fish and Wildlife Service as an important step toward recovering bull trout in the Nooksack River. We are pleased to be working with American Rivers, the City of Bellingham and other partners to ensure the Nooksack bull trout remains one of the strongest runs of threatened bull trout in the Puget Sound.”
-Rich Carlson, Coastal Program Washington State coordinator, U.S. Fish and Wildlife Service
“The teamwork and innovation at the heart of this project exemplify the approach that we take with the Open Rivers Fund for dam removal and river restoration across the American West. It’s just what we need to address our increasingly urgent 21st Century water infrastructure challenges, while achieving benefits for people, fish and wildlife. We’re pleased to have supported this inspiring team of partners.”
-Julie Turrini, director, Resources Legacy Fund/Open Rivers Fund
“The NOAA Fisheries Restoration Center is grateful to play a part in the removal of the Middle Fork Nooksack River dam. We applaud the years of collaboration, partnership, teamwork and hard work that got us here. I am excited that this project uses an ecosystem-based approach to restore fish passage and connectivity in the Nooksack River watershed and hope that it will be a model for future projects to come.”
-Jennifer Steger, Pacific regional manager, NOAA Restoration Center, Office of Habitat Conservation, National Marine Fisheries Service
“Restoring the Middle Fork Nooksack River to its free-flowing state will benefit wildlife, ecosystems and people—from native tribes and residents of communities that rely on a sustainable source of clean drinking water. Hopefully the success of this collaborative project will serve as a model for other states seeking to restore rivers while meeting community needs.”
-Nicole Cordan, project director, The Pew Charitable Trusts
May 20, 2020
Contact: Amy Kober, 503-708-1145
A dam failed in Michigan yesterday, forcing thousands of residents to evacuate their homes. The Edenville Dam, which failed, and the Sanford Dam, which was compromised, are on the Tittabawassee River, a tributary of the Saginaw River. The failures followed days of heavy rainfall and sent floodwaters into downstream communities. Residents of Edenville, Midland and Sanford were evacuated.
“A dam failure and flood during a pandemic is a worst-case scenario. The immediate focus must be on ensuring public health and safety,” said Bob Irvin, President and CEO of American Rivers.
The Edenville Dam, a hydroelectric dam built in 1924, was plagued for years by concerns and safety violations. The Federal Energy Regulatory Commission revoked its license in 2018 due to concerns that the dam could not withstand a significant flood and lack of action by the dam’s owner to address those concerns over many years. FERC first flagged problems for the dam’s owner in 1999.
Dam safety scares have forced evacuations of downstream communities in recent years in California, Nebraska, South Carolina, and now Michigan.
“This is not an isolated incident, Irvin said. “Climate change is bringing more severe flooding, at a time when our nation’s infrastructure is crumbling. It’s essential that we act now to invest in our rivers to protect public safety, improve our economy and strengthen our communities. This means shoring up necessary oversight and safety regulations, while also increasing funding for smart water infrastructure, including dam removal.”
American Rivers highlighted three priority actions:
- Increase, don’t decrease, public safety and environmental safeguards – The safety of federally licensed hydropower dams is overseen by FERC. While FERC revoked the dam’s license in 2018 due to safety concerns, that clearly was not enough to prevent this week’s catastrophe. Moreover, on the same day the dams failed, President Trump signed a new executive order to roll back more regulations under the guise of restarting the economy. Further gutting the regulations that safeguard human lives and safety and protect the environment is the wrong way to produce a sustainable economic recovery.
- Strengthen evaluation and enforcement – Michigan has a working dam safety program. Even so, state dam safety offices are historically underfunded with a limited number of staff responsible for inspecting thousands of dams. We must improve these efforts by making it the responsibility of dam owners to inspect and maintain their dams; requiring more frequent, detailed inspections of deficient dams and increasing penalties for unsafe dams and violations; and, requiring dam owners to ensure that funds are available to repair or remove dams in the event they can’t or won’t meet safety standards. As communities continue to grow and development expands, many dams may also be misclassified as infrastructure and development increases downstream.
- Increase funding for dam removal and water infrastructure – Dam removal can be the best way to address a dam that poses a safety risk. There are tens of thousands of dams across the country that no longer serve the purpose they were built to provide and whose removal could eliminate the cost and liability associated with owning a dam. Unless they are well maintained, their condition only gets worse every year. The most cost-effective and permanent way to deal with obsolete, unsafe dams is to remove them.
Senators Udall and Heinrich introduce legislation to protect New Mexico’s Gila River
May 12, 2020
Contact: Mike Fiebig, 406-600-4061; David Moryc, 503-307-1137
Responding to strong community support, Senators Tom Udall and Martin Heinrich today introduced legislation to add New Mexico’s Gila River to the National Wild and Scenic Rivers System. The bill would designate 446 miles of the Gila as Wild and Scenic, forever protecting the river and tributaries from dams and other harmful development.
“Protecting the wild Gila River is an investment in New Mexico’s future and provides a legacy for all Americans,” said Bob Irvin, president of American Rivers. “Healthy, free-flowing rivers are lifelines for communities in an era of climate change. We applaud the Senators’ leadership in protecting the Gila, which is vital to the region’s economy, fish and wildlife and recreation.”
In 2019, American Rivers named the Gila America’s Most Endangered River®. “America’s Most Endangered Rivers is a call to action,” Irvin said. “New Mexico’s citizens and Americans everywhere responded to that call by urging state and federal decision makers to protect this special river. Now, with the Wild and Scenic legislation introduced, the future of the Gila River looks bright. We are grateful to Senator Udall and Senator Heinrich, and to our partners and supporters for their commitment to saving this national treasure.”
Signed into law in 1968, the Wild and Scenic Rivers Act is our nation’s strongest tool for protecting healthy, free-flowing rivers. The Act permanently protects a designated river’s free-flowing character, water quality and outstanding values such as scenery, recreation, fisheries and wildlife habitat. A designation honors existing uses of the river and can support a strong outdoor recreation economy. The Gila River designation prohibits involuntary condemnation of private property, and preserves private property rights and water rights, existing irrigation and water delivery operations, grazing permits, public land access, and the ability to restore the health of our rivers and forests.
American Rivers expanded its river protection efforts in fall 2019, launching a new initiative to protect the last, best free-flowing rivers in the Southwest – rivers including the Gila and San Francisco. The program represents a significant new investment in the long-term resilience of rivers in the region.
The Gila River is the last major free-flowing river in New Mexico, supporting healthy riverside forests, cold-water fisheries (including recovering populations of Gila trout) and a remarkable abundance of wildlife. The river flows through the nation’s first wilderness area, established in 1924 under the leadership of conservation pioneer Aldo Leopold who was supervisor of the Carson National Forest. It is also important to indigenous peoples who have lived in southwestern New Mexico for thousands of years. Many cultural sites are located along the Gila River and throughout its watershed.
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May 8, 2020
Contact: Amy Kober, 503-708-1145
Acting to safeguard drinking water for millions of Americans, House Transportation and Infrastructure Chairman Peter DeFazio (D-OR), and Water Resources Subcommittee Chairwoman Grace Napolitano (D-CA) today introduced the Clean Water For All Act, to repeal the Trump administration’s Dirty Water Rule.
The Dirty Water Rule removes Clean Water Act protection from ephemeral streams (one in five streams nationally) and isolated wetlands (51 percent of all wetlands), opening the door to increased pollution, harmful development and destruction of drinking water sources.
Bob Irvin, President and CEO of American Rivers, made the following statement:
“We applaud Chairman DeFazio’s leadership as a champion for clean water by sponsoring this bill, and we commend Rep. Napolitano for her leadership as the original co-sponsor of the legislation.”
“The coronavirus pandemic has underscored the critical need for safe, clean water for all to protect public health and hygiene. Now is the time to strengthen, not weaken, safeguards for our rivers and water supplies.”
“Clean water and healthy rivers are vital to strong communities and are essential to our future. We must follow the science and restore necessary protections to the streams and wetlands that provide so many benefits for our health, well-being and economy.”
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April 20, 2020
Contact: Amy Kober, 503-708-1145
Washington — The Trump administration will finalize its Dirty Water Rule tomorrow, stripping clean water safeguards from critical small streams and wetlands nationwide. The new rule removes Clean Water Act protection from ephemeral streams (one in five streams nationally) and isolated wetlands (51 percent of all wetlands), opening the door to increased pollution, harmful development and destruction of drinking water sources.
Bob Irvin, President and CEO of American Rivers, made the following statement:
“On the eve of the 50th anniversary of Earth Day, in the midst of a pandemic that is underscoring the importance of clean water, the Trump administration is finalizing a rule that will foul our nation’s waters for years to come.”
“Fifty years ago, the first Earth Day grew out of strong bipartisan support for safeguarding our land and water. Now, the Trump administration is dismantling clean water protections that are essential to public health and safety. We will not allow this administration to turn back the clock to the days of polluted streams and dying rivers.”
“American Rivers has gone to federal court twice in the past three years to block the administration’s moves to undermine protection of rivers and wetlands. Now we must do so again.”
“We reject this administration’s push to put polluters before people. We believe that science is the best guide to protecting our rivers and streams. And, we believe that everyone in our country should have clean water and healthy rivers, because they are vital to our health, our economy and our future.”
Note:
What is an ephemeral stream?
An ephemeral stream is a stream that only flows during or immediately following rainfall.
They are often the headwaters or tributaries to streams and rivers that flow year-round.
What is an isolated wetland?
An isolated wetland is defined as having no surface water connection to a perennial river or stream. They may still be connected to other water bodies by groundwater, and can provide important functions including fish and wildlife habitat, pollution filtration, and flood control.
