Salmon lawsuit could hurt Montana

State officials say Montana stands to lose plenty in terms of water and impacts on fisheries and recreation if a federal judge goes along with the latest requests in a lawsuit over salmon recovery in the Columbia Basin.

If those requests are granted, Montana might be compelled to pursue a separate legal action to defend its interests, said Bruce Measure, one of Montanas two representatives on the Northwest Power and Conservation Council.

There is not only potential for Montana, but also for Idaho and the Kootenai Tribe of Idaho, Measure said. Their issues are basically Montanas issues. They, too, have suggested that they are so impacted that if they cant get relief they may have to look to a federal court in Idaho to address some of these issues.

For now, Montana is fully engaged as a co-defendant in the so-called salmon lawsuit and will see that process through to the end, Measure said.

Plaintiffs in the lawsuit filed requests last week with U.S. District Judge James A. Redden of Portland that would require Hungry Horse Reservoir and Lake Koocanusa to be held as full as possible in late winter and early spring, followed by greater releases of water in spring and summer to benefit migrating salmon in the lower Columbia River.

With more emphasis on water storage, its expected that an additional 1.8 million acre feet of water above and beyond what was delivered in 2004 will be tapped from the Montana reservoirs during spring and summer.

The plaintiffs, made up of fishing and conservation groups led by the National Wildlife Federation, contend the extra water would provide considerable benefits to salmon.

But Montana has long argued that the benefits of flow augmentation are barely measurable in the Columbia in terms of flow velocities and temperature, while there are irrefutable impacts on threatened bull trout and other native fish above and below the Montana dams.

They are asking for a great deal with very little expectation or acknowledgment that its going to have any impacts, Measure said.

The volumes of water and the release schedule the plaintiffs are seeking could easily lower Hungry Horse Reservoir and Lake Koocanusa more than 20 feet below full pool during the summer. Montana has long pressed for drawdowns no greater than 20 feet, and most importantly, the state has sought releases that gradually decline through September.

But that didnt happen this year, as a result of the lawsuit and decisions by agencies that govern federal dam operations across the Northwest. Flows were dramatically reduced at the end of August, basically shutting down biological productivity in the Kootenai River during the critical month of September, said Brian Marotz, the states lead biologist on federal hydroelectric matters.

That is something we really want to avoid, he said.

Drawdowns beyond 20 feet at the reservoirs also would be biologically harmful, Marotz said.

We dont want the reservoirs to drop huge amounts, he said. We would see impacts on the reservoir fisheries that we have been trying to avoid.

Reservoir impacts would result from a constantly falling shoreline during the summer months, to a point where the most productive parts of the reservoirs would be left high and dry, Marotz said.

Marotz and Measure said the flows necessary to deliver the amount of water requested by the plaintiffs also would have detrimental effects, particularly on the Kootenai River.

Really high flows start to scour the main river channel, which impacts the parts of the river that you are trying to protect with minimum flows, Marotz said.

The flows necessary to deliver that kind of water could press the Kootenai River close to flood stage during the summer, presenting public health and safety concerns downstream, Measure said.

They run it right below flood stage as it is now, he said. Its not much more above that when it runs over the banks and starts flooding out septic tanks.

As the river gathers more water from uncontrolled tributaries below the dam, the situation is of particular concern in Idahos Bonners Ferry area, he added.

Measure said the plaintiffs requests also would have certain impacts on the Bonneville Power Administrations revenue for power sales.

By holding the reservoirs higher through the winter when electricity is in greatest demand, BPA would realize financial losses that likely would be passed on to electricity customers across the Northwest. That is a concern, Measure said, considering that heating fuel costs already are rising.

Montana is lined up as a co-defendant with federal agencies who have tried to defend a 2004 biological opinion that governed dam operations in a fashion that was not entirely acceptable to Montana officials. The fishing and conservation groups that sued, however, contend the biological opinion failed to protect salmon in the lower Columbia Basin.

The federal defendants and others involved in the lawsuit have until Nov. 18 to file oppositions to the motion. This week, Marotz was finalizing his declaration as part of Montanas response for the court.

We have to assert the damage thats going to occur to us in the face of questionable science when we have unquestionable science, Measure said.

Montana Gov. Brian Schweitzer, he noted, has been willing to compromise on water supply matters, but not to a point of total disregard for Montanas interests.

The governor certainly isnt afraid of a balancing act, Measure said. But it has to be done in a fair manner and it has to be based on good science.

Montana will again makes it case on Dec. 15 when Judge Redden is scheduled to hear oral arguments on the science and efficacy of spill/transportation and flow augmentation to assist juvenile salmon pass through the dams during the spring and summer runs.

Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com