Columbia River Treaty

Transcription

1 Columbia River Treaty Paul Lumley, CRITFC Executive Director October 3,

2 First Foods Salmon Berries Water Game Roots

3 the right of taking fish at all usual and accustomed places, in common with the citizens of the Territory, and of erecting temporary buildings for curing them: together with the privilege of hunting, gathering roots and berries Treaty with the Yakima

4 millions of fish Salmon Decline Returning Columbia River salmon (chinook, steelhead, sockeye, coho) Estimated Average 17,000,000 1,754,334

5 Four Tribes Ceded Lands Combined, the land comprising this ceded area: 66,591 square miles More than 25% of the entire Columbia Basin 55% of the rivers and streams that are still accessible to salmon Includes almost all of the salmon habitat above Bonneville Dam 13

6 Celilo Falls Tribal Fishery On the Columbia River near The Dalles, Oregon (inundated by The Dalles Dam in 1957)

7 Fish and Wildlife Impacts On the Upper Snake River in Idaho (salmon blockage in 1901) Loss of salmon impacted wildlife and other ecosystem functions

8 Columbia River Treaty Treaty came into force in 1964, no end date. Canada builds three dams, U.S. gets to build Libby. Two goals: optimize hydropower and coordinate flood control. With a 10 year notice, Treaty may be terminated starting in 2024 (Sept 2014). No mention of tribes, fish or wildlife Mica Keenleyside US Corps of Engineers dam Other dam US Bureau of Reclamation dam Duncan Libby 18

9 U.S. Commitments Payment for flood control benefits ~ $65 million total payment through 2024 Canada is entitled to one-half the downstream power benefit produced by U.S. projects due to the increment of Canadian storage Replacement value of Canadian Entitlement is about $300 million annually After 2024, US reservoirs must be used for flood control before we can ask Canada for assistance

10 Transboundary Coordination Columbia Basin Tribes and First Nations Tribal and First Nations leaders toured upper and middle basin to see issues first hand. Tribes and First Nations agree that: Ecosystem based functions need to be part of river management under the Treaty Salmon should be reintroduced throughout the basin over time Alternative management frameworks should be explored in future meetings

11 Columbia Basin Tribes 15 tribes with management authorities and responsibilities affected by the Columbia River Treaty Coalition formed 2009

12 Tribal Concerns No tribal consultation during negotiation nor tribal representation during implementation Adopted hydropower and flood control as management goals, disregarding fisheries and other ecosystem elements Flood control plan moved a permanent flood upriver and eliminated annual flooding and freshets Grand Coulee and Treaty projects built without passage and eliminated salmon spawning habitat Benefits of Treaty system not shared with tribes Tribal Goals Governance a seat at the table during Treaty Review, negotiations for a new Treaty followed by implementation Incorporate ecosystem-based function into Treaty Review and modernized Treaty Restore spring freshet while balancing tribal needs in upper basin reservoirs Restore salmon runs and protect salmon passage at all historic locations Share in benefits of coordinated systems

13 Tribal Caucus Products Common Views Document: Feb 2010 Tribal Leaders meet with US Entity: July 2010 Sovereign Participation Process established to develop a Regional Consensus

14 Sovereign Participation Process U.S. (Entity & Federal Agencies), Tribes, States Government-to-government level: Decision makers Sovereign Review Team: Guides technical analysis, resolves process issues Sovereign Technical Team: Modeling and technical analysis Stakeholder Involvement Throughout

15 Regional Consensus is Forming Sovereigns and Stakeholders agree: Treaty should be modified Potential Recommendation: Add ecosystem-based functions Reduce Canadian Entitlement Address flood control management post-2024 Adapt for Climate Change impacts

16 Ecosystem-based management approach Restore and preserve tribal natural and cultural resources Restore spring freshets: Helps to restore estuary Helps move fish Restore fish passage to all historic locations. Minimize draw downs at upper reservoirs

17 Restore Fish Passage Specifically include fish passage restoration as an element of a modernized Treaty A modernized Treaty should not interfere with opportunities to re-introduce anadromous fish into blocked areas Bilateral, comprehensive and phased approach Planning, Testing, Construction, Evaluation and Adaptation

18 Kettle Falls Tribal Fishery On the Columbia River in Washington State (inundated by Grand Coulee Dam in 1940)

19 Restore Fish Passage - Canada Five dams: Chief Joseph and Grand Coulee in US; Arrow, Brilliant, and Waneta in Canada Initiate bilateral planning and testing phases prior to enactment of a modernized Treaty Commitment to both study and then implement based on successful results Shared Benefits from Integrating Ecosystem-based Function

20 Downstream Benefits and the Canadian Entitlement The Treaty optimized hydropower production by coordinating Canadian storage releases with U.S. hydropower operations Downstream benefit is the additional power produced by this optimization Canadian Entitlement is half of the downstream benefit (current value is $300 million annually)

21 Downstream Benefits and the Canadian Entitlement - Concerns Faulty assumptions made about thermal power development in U.S. Not part of calculation: wind power, other renewables, and conservation U.S. is currently integrating ecosystem-based function into its operations Canada is receiving ecosystem benefits from U.S. operations

22 Flood Risk Management U.S. loses assured storage in Canada in 2024 Without any changes, U.S. must use all of its reservoirs ( effective use ) before it can ask Canada for assistance ( called upon ) Can result in heavy drafting of all U.S. reservoirs and result in limits on salmon flows Uncertainties associated with forecasting and climate change

23 River Level at The Dalles lower summer flow flow pushed earlier in the year

24 Flood Risk Management - Tribal Concerns Corps not reluctant to balance reservoir operations that will provide necessary ecosystem flows while maintaining adequate flood control. What is Flood Risk Management (FRM)? FRM = Cost Probability FRM Probability Why is this important? Salmon survival improves with better spring freshet. Current flood control approach creates havoc in upriver reservoirs, perhaps for little flood risk benefit. Updated flood risk management approaches can reduce havoc in upriver reservoirs, increase salmon survival, and improve estuary health while maintaining adequate flood control.

25 Impacts from Dramatic Reservoir Level Changes Spokane River in Washington State, impacts from Grand Coulee Reservoir Drawdown (cultural resources, dust)

26 Flood Risk Management - Update Initiate regional review in 2014 Involve sovereigns and stakeholders Continue coordinated flood risk management Measure system capability for a range of flows and flood years Review current infrastructure capability, assess future needs Identify opportunities to reconnect floodplains

27 Why Modernize the Treaty? The NW depends on healthy Columbia River Hydropower contributes to energy independence Public safety Economic well-being A Modernize Treaty is in the Best Interest of the Region and the United States

28 Regional Consensus is Needed (Recommendation to U.S. Dept of State Dec 20, 2013) The U.S. Department of State will decide on whether to request negotiations with Canada Broad regional consensus is needed (details are important) Power group concerned about adding ecosystembased function Without broad regional consensus, U.S. Dept of State may not pursue modernized Treaty

29 Activities for 2014 Initiate joint fish passage studies Initiate regional flood risk assessment Undertake Treaty governance study Initiate water supply allocation discussion

30 Steps Forward Sovereign Participation Process, or some variant, needs to continue after 2013 to support U.S. State Department Treaty options: continue, terminate, or modernize Senate ratification needed for a new Treaty and potentially needed for major changes to the Treaty Regional Consensus is Key to Success

31

32 Columbia River Restoring Fish Passage Paul Lumley, Yakama CRITFC Executive Director 1

33 Celilo Falls Tribal Fishery On the Columbia River near The Dalles, Oregon (inundated by The Dalles Dam in 1957)

34 Kettle Falls Tribal Fishery On the Columbia River in Washington State (inundated by Grand Coulee Dam in 1940) Many tribes lost all access to salmon

35 Examine Broad, Coordinated Development of Columbia River International Joint Commission established under Boundary Waters Treaty of With initial power development proposals in Canada rejected, U.S. and Canada agree in 1944 on study: having in mind (A) domestic water supply and sanitation, (B) navigation, (C) efficient development of water power, (D) the control of floods, (E) the needs of irrigation, (F) reclamation of wetlands, (G) conservation of fish and wildlife, and (H) other beneficial purposes. International Columbia River Engineering Board undertakes extensive technical analysis of benefits of developing basin s water resources.

36 Vanport Flood The Columbia River flooded in 1948, completely wiping out Vanport, Oregon

37 Decision to Focus on Hydropower and Flood Risk Management International Columbia River Engineering Board, narrow 1959 referral for negotiating a Columbia River Water Treaty (a) benefits on storage of waters and electrical interconnection within the Columbia River system (b) benefits apportionment between the two countries focused on electrical generation and control. Underlying Assumptions: ecosystem-based function for the basin could be achieved through unilateral management and that hatcheries could mitigate for stocks lost because of no fish passage Mistaken Assumption

38 Columbia River Treaty Mica Treaty came into force in 1964, no end date Canada builds three dams, US builds Libby no passage Twin goals: - optimize hydropower - coordinate flood control With 10 year notice, Treaty may be terminated in 2024 Tribes not consulted, no fish & wildlife coordination Keenleyside US Corps of Engineers dam Other dam Duncan Libby US Bureau of Reclamation dam 18

39 Mitchell Act Hatcheries Bonneville Dam

40 Ecosystem-Based Management Approach Restore and preserve tribal natural and cultural resources Restore spring freshets: - Helps to restore estuary - Helps move fish Minimize draw downs at upper reservoirs Restore fish passage at all historic locations

41 Transboundary Coordination Columbia Basin Tribes and First Nations Conducted meetings about Treaty to learn, share issues and express concerns Toured upper and middle basin to see issues first hand Columbia Basin tribes and First Nations agree that: - Ecosystem based functions need to be part of river management under the Treaty - Salmon should be restored throughout the basin over time - Alternative management frameworks should be explored in future meetings

42 Primary Salmon Passage Blockages Grand Coulee Dworshak Hells Canyon US Corps of Engineers dam Other dam US Bureau of Reclamation dam

43 Restore and Protect Salmon Passage to Historical Habitats US Projects: Hells Canyon Complex, Dworshak, Chief Joseph, Grand Coulee Canadian projects: Waneta, Seven Mile, Brilliant, Keenleyside (Arrow) Provide modified passage devices at each structure for adult and juvenile migration Address reservoir travel time issues

44 Columbia River Watershed Fish Passage Paper The narrow focus on flood risk management and hydropower generation has decimated anadromous and resident fish stocks Decisions to block fish passage were made without prior and informed consent of the Columbia Basin tribes and First Nations Restoring fish passage is a key element of integrating ecosystem based function into a modern Treaty Columbia Basin tribes and First Nations are developing a joint paper Fish Passage into the Upper Columbia and Snake Rivers to inform the Canadian and U.S. Entities and governments.

45 There s more to Hatcheries than Science Hatcheries are an obligation Mitigation for effects of dams Legal obligations: US v. Oregon Management Agreements Accords Pacific Salmon Treaty 13

46 Salmon Recovery and Hatchery Programs: Two Different Approaches Harvest Hatchery (Mass Marking and Mark Selective Fisheries) Designed to keep hatchery and wild fish separated Promotes harvest of hatchery fish and avoids wild fish Wild fish mortalities occur too, often multiple catch and release Provides access to fish for non- Indian fishers under ESA restrictions Is not a recovery program, does not lead to recovery Supplementation (Conservation Wild Salmon Nurseries) Designed to keep hatchery and wild fish as similar as possible; combined with habitat restoration/protection. Tribes prefer these fish not be mass marked for selective fishing Under careful design, leads to rebuilding and possible ESA de-listing Competing science to support each approach. What s wrong with both approaches 13 at the same time?

47 Salmon Recovery and Hatchery Programs: What does Success Look Like? Should success be defined by the number of wild fish returns?...hatchery? Who defines wild fish? Is an ESA de-listing goal enough fish? Full rebuilding to a significant harvest for treaty Indian and non- Indian fisheries? Is there a shared vision in the Columbia River Basin on what success looks like? What is an appropriate response for hatchery programs? Resource struggle between non-indian and tribal fishery interests. Competing uses of existing hatchery facilities and funding. If we cannot agree on what success looks like or how to get there, we will continue to struggle for increased federal funding. 13

48 Supplementation Successes Tribal hatchery programs have shown success (supplementation) such as: Snake River Fall Chinook, huge returns, record redd counts (ESA delisting on the horizon?) Coho re-introduction in the Yakama, Umatilla, Wenatchee and Clearwater rivers Spring Chinook re-introduction in the Umatilla and Walla Walla rivers.

49 Fall chinook estimated escapement to Lower Granite Dam

50 Benefits of Supplementation By expanding the tribal hatchery objectives: We will make progress towards salmon recovery We will contribute to ecosystem health We will help maintain economically important salmon fisheries that benefit everyone in the region We maintain the treaty right to harvest at all usual and accustomed fishing places in perpetuity

51 Managing Supplementation Risk Any action has risks, even the option to do nothing Managing risk is a share responsibility Taking a stand of no risk should be rejected Tribes are managing risks and minimizing where possible Scrutiny of tribal supplementation programs is immense. Where is scrutiny of Mass Marking and Selective Fisheries? Significant impacts to unmarked (wild) fish Steelhead experiment over several decades failed, fish are ESA-listed

52 Defining the Question? What are the risks of tribal supplementation programs? OR What is the proper role of artificial propagation in to achieving ESA delisting and full salmon recovery? 52

53 Hatcheries are an Obligation a Solution, but Not the Problem As long as we have dams, we will have hatcheries. We should use the tool to benefit recovery and rebuilding. We do not have low productivity because of hatcheries. We have hatcheries because of low productivity. 53

54

55 Pelton Dam Fish Passage Tower Deschutes River, Oregon Joint project of Warm Springs Tribe and Portland General Electric Began operating in December foot underwater tower that alters the reservoir s current to attract migrating fish The tower allows juvenile salmon and steelhead to migrate past three Deschutes River dams for the first time since 1968.

56 Lamprey Flume System at Bonneville Dam 1. Upper Entrance 2. Lower Entrance 3. Thimble, Closure Gate, and Elbow Flume Section 4. Filler Plate 5. Flow Splitter Flume Section 6. Downstream School Bus Flume Section 7. Upstream School Bus Flume Section 8. Lamprey Flume System (LFS) & Lamprey Passage Structure (LPS) Junction (LPS not shown) 9. Gravity Water Supply Pipe