Court OKs boosting water spill to aid fish at Northwest dams

Conservation groups said it’s the fourth time since 2005 that increased spill has been mandated.

  • By STEVEN DUBOIS Associated Press
  • Monday, April 2, 2018 6:04pm
  • Northwest

By STEVEN DUBOIS

Associated Press

PORTLAND, Ore. — A U.S. appeals court Monday affirmed an order to spill more water over Columbia and Snake river dams to help protect salmon and steelhead and aid their migration to the sea.

The decision came after U.S. District Court Judge Michael Simon of Oregon ruled last spring that the U.S. Army Corps of Engineers must spill more water through spillways rather than turbines that pose a danger to the fish.

He sided with conservationists who say allowing extra water to flow between April and mid-June will help young salmon.

The Army Corps, National Marine Fisheries Service and another federal agency appealed Simon’s ruling.

A three-judge panel of the 9th U.S. Circuit Court of Appeals said Monday that Simon rightly concluded that the salmon and steelhead are imperiled and will remain so without further conservation efforts.

The judges also pointed to decades of studies that show higher spill volumes lead to increased survival rates.

“At best, federal defendants establish uncertainty about the benefits of increased spill, but the existence of scientific uncertainty does not render the district court’s findings clearly erroneous,” Chief Judge Sidney Thomas wrote in the opinion.

The new spill operations are set to begin Tuesday at some dams on the Snake River and next week on some dams in the Columbia, one of the largest rivers in North America. The Snake is its largest tributary.

Conservation groups said it’s the fourth time since 2005 that increased spill has been mandated by the district court.

“It’s tragic that the federal agencies are still ignoring their own science in fighting spill at every step of the way,” said Glen Spain, Northwest regional director of the Pacific Coast Federation of Fishermen’s Associations.

Corps spokesman Matt Rabe declined comment on the litigation. He said the corps will follow the ruling and increase spill Tuesday.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Northwest

Alaska Airlines aircraft sit in the airline's hangar at Seattle-Tacoma International Airport Wednesday, Jan. 10, 2024, in SeaTac, Wash. Boeing has acknowledged in a letter to Congress that it cannot find records for work done on a door panel that blew out on an Alaska Airlines flight over Oregon two months ago. Ziad Ojakli, Boeing executive vice president and chief government lobbyist, wrote to Sen. Maria Cantwell on Friday, March 8 saying, “We have looked extensively and have not found any such documentation.” (AP Photo/Lindsey Wasson)
FBI tells passengers on 737 flight they might be crime victims

Passengers received letters this week from a victim specialist from the federal agency’s Seattle office.

Skylar Meade (left) and Nicholas Umphenour.
Idaho prison gang member and accomplice caught after ambush

Pair may have killed 2 while on the run, police say. Three police officers were hospitalized with gunshot wounds after the attack at a Boise hospital.

Barbara Peraza-Garcia holds her 2-year-old daughter, Frailys, while her partner Franklin Peraza sits on their bed in their 'micro apartment' in Seattle on Monday, March 11, 2024. (AP Photo/Manuel Valdes)
Micro-apartments are back after nearly a century, as need for affordable housing soars

Boarding houses that rented single rooms to low-income, blue-collar or temporary workers were prevalent across the U.S. in the early 1900s.

Teen blamed for crash that kills woman, 3 children in Renton

Four people were hospitalized, including three with life-threatening injuries. The teenage driver said to be at fault is under guard at a hospital.

Snow is visible along the top of Mount Pilchuck from bank of the Snohomish River on Wednesday, May 10, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Washington issues statewide drought declaration, including Snohomish County

Drought is declared when there is less than 75% of normal water supply and “there is the risk of undue hardship.”

Dave Calhoun, center, on Capitol Hill in Washington, DC, on Jan. 24. (Samuel Corum / Bloomberg)
Boeing fired lobbying firm that helped it navigate 737 Max crashes

Amid congressional hearings on Boeing’s “broken safety culture,” the company has severed ties with one of D.C.’s most powerful firms.

Rosario Resort and Spa on Orcas Island (Photo provided by Empower Investing)
Orcas Island’s storied Rosario Resort finds a local owner

Founded by an Orcas Island resident, Empower Investing plans” dramatic renovations” to restore the historic resort.

People fill up various water jug and containers at the artesian well on 164th Street on Monday, April 2, 2018 in Lynnwood, Wa. (Andy Bronson / The Herald)
Washington will move to tougher limits on ‘forever chemicals’ in water

The federal EPA finalized the rules Wednesday. The state established a program targeting the hazardous chemicals in drinking water in 2021.

Everett
State: Contractor got workers off Craigslist to remove asbestos in Everett

Great North West Painting is appealing the violations and $134,500 fine levied by the state Department of Labor Industries.

Riley Wong, 7, shows his pen pal, Smudge, the picture he drew for her in addition to his letter at Pasado's Safe Haven on Friday, Feb. 19, 2021 in Monroe, Wa. (Olivia Vanni / The Herald)
Snohomish County organization rescues neglected llamas in Yakima County

Pasado’s Safe Haven planned to provide ongoing medical care and rehabilitation to four llamas in its care at its sanctuary.

Whidbey cop accused of rape quits job after internal inquiry

The report was unsparing in its allegations against John Nieder, who is set to go to trial May 6 in Skagit County Superior Court on two counts of rape in the second degree.

LA man was child rape suspect who faked his death

Coroner’s probe reveals the Los Angeles maintenance man was a Bremerton rape suspect believed to have jumped off the Tacoma Narrows Bridge.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.