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State wants a say in dam operations

by JIM MANN The Daily Inter Lake
| September 22, 2005 1:00 AM

Montana has teamed up with the Kootenai Tribe of Idaho in seeking interim operations at federal hydroelectric dams that are tangled up in a lawsuit aimed at improving conditions for salmon in the Columbia River Basin.

Montana officials want a temporary remedy that would protect fisheries, recreation and economic interests on the Kootenai River, in particular.

The court case, though largely dealing with salmon recovery, has implications for Montana.

Changes or mandates in hydropower operations resulting from the court's decisions, such as calls for additional summer flows from the Montana dams, could deplete the water available to maintain habitat in the Kootenai and Flathead rivers.

The state intervened last month in the lawsuit, which resulted in a federal judge overruling a 2004 biological opinion that governed dam operations. It was a victory for the National Wildlife Federation and a group of co-plaintiffs seeking operations that would improve conditions for salmon.

But their position was opposed by Montana officials who say that drafting the Montana reservoirs by 20 feet during August would have detrimental impacts above and below Hungry Horse and Libby dams.

Gov. Brian Schweitzer announced this week that Montana plans to enter its first filings in the controversial lawsuit, which is expected to produce a new biological opinion for hydro operations in the Northwest.

Of immediate concern to Montana is that while a new biological opinion is developed, there is "no specific process to deal with the crucial issue of interim river operations," according to a press release from the governor.

"Because the operations of the reservoirs behind Libby and Hungry Horse Dams could significantly deplete food sources for Montana's resident fish and have recreational and economic impacts to those areas, Montana also filed a joint proposal with the Kootenai Tribe of Idaho to address interim river operations while the court addresses longer-term issues."

Montana and the Kootenai Tribe of Idaho want the court to appoint a special master to hold trial proceedings and recommend findings of fact on interim river operations. The request asks all parties in the case to submit names of qualified experts to help evaluate the scientific evidence as it relates to river operations.

"We need to keep this process moving ahead and have some concrete river operations in place for the region while the judge works things out," Schweitzer said. "In that process, however, we must make sure that resident fish at Libby and Hungry Horse are protected and adequately represented."

Bruce Measure, one of Montana's representatives on the Northwest Power and Conservation Council, said the goal is to get all of the information and science on the table as quickly as possible.

"If all the parties in the case look at the information in an impartial and scientific manner, Montana should come out of the process with improved river operations," Measure said.