Klamath River deal revives plan for largest US dam demolition
Four large hydro dams would be removed to unblock fish habitat
PORTLAND, Ore. (AP) — A new agreement regarding the Klamath River paves the way for the largest dam demolition in U.S. history, to try to save salmon that are critical to tribes and have dwindled to almost nothing in recent years.
If the deal announced Tuesday goes forward, it would revive plans to remove four massive hydroelectric dams on the Klamath River along the Oregon-California border, emptying giant reservoirs and reopening potential fish habitat that’s been blocked for more than a century.
The new plan makes Oregon and California equal partners in the demolition with a nonprofit entity, easing concerns from regulators. It still must be approved by the U.S. government.
The massive project would be at the vanguard of a trend toward dam demolitions in the U.S. as the structures age and become less economically viable amid growing environmental concerns about the health of native fish.
Previous efforts to address problems in the Klamath Basin have fallen apart amid years of legal sparring that generated distrust among tribes, fishing groups, farmers and environmentalists. Opponents of dam removal worry about their property values and the loss of a water source for fighting wildfires.
A half-dozen tribes spread across Oregon and California, fishing groups and environmentalists had hoped to see demolition work begin as soon as 2022. But in July, U.S. regulators stalled those plans when they questioned whether the nonprofit entity formed to oversee the project could adequately respond if there were cost overruns or accidents.
The new plan makes Oregon and California equal partners in the demolition with the nonprofit entity, called the Klamath River Renewal Corporation, and adds $45 million to the project’s $450 million budget to ease those concerns. Oregon, California and the utility PacifiCorp, which operates the hydroelectric dams and is owned by billionaire Warren Buffett’s company Berkshire Hathaway, will each provide one-third of the additional funds.
The Federal Energy Regulatory Commission must approve the deal. If accepted, it would allow PacifiCorp and Berkshire Hathaway to walk away from aging dams that are more of an albatross than a profit-generator, while addressing regulators’ concerns. Oregon, California and the nonprofit would jointly take over the hydroelectric license from PacifiCorp until the dams are decommissioned, while the nonprofit will oversee the work.
Read more at: https://apnews.com/article/dams-fish-salmon-oregon-environment-71045373e7063bfff75fc43d15885639
Oregon DEQ news release:
Governor Brown, California Governor Newsom, Tribal Leaders and Klamath Dam Owner Announce Agreement to Advance Historic Salmon Restoration Plan
November 17, 2020
Parties "all in" for dam removal
Statewide, OR—Governor Kate Brown today joined with California Governor Gavin Newsom, leaders of the Yurok and Karuk Tribes and Berkshire Hathaway-owned PacifiCorp in announcing an agreement to provide additional resources and support to advance the most ambitious salmon restoration effort in history. The project, when completed, will address declines in fish populations, improve river health and renew Tribal communities and cultures.
The Memorandum of Agreement
Governor Kate Brown today joined with California Governor Gavin Newsom, leaders of the Yurok and Karuk Tribes and Berkshire Hathaway-owned PacifiCorp in announcing an agreement to provide additional resources and support to advance the most ambitious salmon restoration effort in history. The project, when completed, will address declines in fish populations, improve river health and renew Tribal communities and cultures.
The Memorandum of Agreement signed by the states of Oregon and California, the Yurok Tribe, the Karuk Tribe, PacifiCorp and the Klamath River Renewal Corporation (KRRC) describes how the parties will implement the amended Klamath Hydroelectric Settlement Agreement (KHSA) as negotiated and signed in 2016. The KHSA sets the terms for the removal of four Klamath River dams.
“The Klamath River is a centerpiece of tribal community, culture and sustenance and a national ecological treasure,” Governor Newsom said. “With this agreement, we are closer than ever to restoring access to 400 miles of salmon habitat which will be a boon to the local economy. I am grateful for the partnership between California and Oregon, the Yurok and Karuk Tribes and Berkshire Hathaway that proves when we work together, we can build a better, more inclusive future for all.”
With the Memorandum of Agreement, the parties:
· Jointly ask the Federal Energy Regulatory Commission (FERC) to remove PacifiCorp from the license for the project and add California, Oregon and KRRC as co-licensees for carrying out dam removal. Adding the states as co-licensees provides assurances that the project will have sufficient financial backing while honoring settlement terms that stipulate PacifiCorp would not be a co-licensee for removal.
· Demonstrate their firm commitment to dam removal.
· Agree to nearly double available contingency funds held by KRRC and contractors and, in the unlikely event that additional funds are needed beyond that, Oregon, California and PacifiCorp will share the costs equally to address FERC’s requirement to ensure full funding for the project.
· Confirm that the KRRC will remain the dam removal entity for the project.
· Plan to navigate the final regulatory approvals necessary to allow the project to begin in 2022 with dam removal in 2023. Site remediation and restoration will continue beyond 2023.
· Retain the liability protections for PacifiCorp’s customers established in the KHSA.
Taken together, these provisions are intended to resolve FERC’s concerns raised in a July 2020 order and ensure a successful dam removal project.
“This is an incredibly important step forward on the path towards restorative justice for the people of the Klamath Basin, and towards restoring health to the river as well as everyone and everything that depends on it,” Oregon Governor Kate Brown said. “From time immemorial, the stewardship of the indigenous peoples of the Klamath basin have nurtured the lands, waters, fish and wildlife of this region. In Oregon, the Klamath tribes remember a time when their livelihoods were supported by clean, healthy, and vibrant waters. It is that vision, that promise, that we are working towards restoring for the generations to come.”
“I want to thank Governor Newsom and Governor Brown for their leadership in bringing everyone together to collaborate and solve a very complex challenge,” Berkshire Hathaway Chairman Warren Buffett said. “I recognize the importance of Klamath dam removal and river restoration for tribal people in the Klamath Basin. We appreciate and respect our tribal partners for their collaboration in forging an agreement that delivers an exceptional outcome for the river, as well as future generations. Working together from this historic moment, we can complete the project and remove these dams.”
“As Yurok tribal people, it is our sacred duty to bring balance to the Klamath River,” Yurok Tribe Chair Joseph James said. “At its heart, dam removal is about healing and restoration for the river, for the salmon, and for our people. We have never wavered from this obligation and we are pleased to see dam removal come closer to reality through this agreement. Reaching this important milestone would not be possible without the many tribal people who have dedicated their lives to restoring the river. We want to thank Berkshire Hathaway, PacifiCorp, California, Oregon, and the Karuk Tribe. Although we are excited to be moving forward again, we want to emphasize that the Yurok Tribe will never rest until the dams are out and the river is healed. From the families on the Klamath we want to thank the Buffett family for their support and leadership.”
“We deeply appreciate the efforts of Governors Newsom and Brown, the Yurok Tribe and the leadership of Berkshire Hathaway to forge a path forward on dam removal,” Karuk Tribe Chair Russell “Buster” Attebery said. “We are more confident than ever that future generations of Karuk will enjoy the benefits of a healthy Klamath River just as their ancestors did dating back to the beginning of time. Most importantly, this moment is a testament to years of devotion and hard work by the community of activists representing all Tribes on the river who have never tired of demanding justice for their communities.”
“We are deeply grateful to the parties who negotiated a path forward for this epic project to restore the Klamath River,” KRRC Chief Executive Officer Mark Bransom said. “As has been the case numerous times in the past, the signatories to the KHSA have tackled obstacles head on and found creative solutions to daunting problems. But we particularly recognize the personal involvement of Governor Newsom, Governor Brown and Berkshire Hathaway leadership who stepped in to ensure that dam removal proceeds. Once all the necessary approvals are obtained it will be full speed ahead in removing the Klamath dams and allowing salmon to access habitat that has been cut off for a century.”
Next Steps
Implementation of the amended KHSA requires two approvals by FERC. First, FERC must approve the transfer of the license for the dams from PacifiCorp to the KRRC and the states. Second, FERC must approve the dam removal plan.
Read the full Memorandum of Agreement here.
Wyden, Merkley Statement on Klamath Dam Removal
Washington, D.C. – U.S. Sens. Ron Wyden and Jeff Merkley released the following statement on today’s Klamath Dam announcement by Oregon and California:
“Oregon and California have made the best of a bad situation forced upon the two states when FERC upset the Klamath Hydroelectric Settlement Agreement dam removal process with an unexpected and unwelcome ruling last summer,” said Wyden and Merkley. “We’re glad to see the states step up and all the parties that signed the Klamath settlement reach this agreement, and we look forward to seeing these dams come out just as soon as humanly possible.”
Statement from state Representative E. Werner Reschke, Senator Dennis Linthicum and Klamath County Commissioner Donnie Boyd
STANDING FOR ALL OREGONIANS
This afternoon, PacifCorp along with several partners, including the State of Oregon and California, will announce a Memorandum of Agreement in order to transfer Klamath River dam liability.
PacifiCorp’s agreement will transfer a portion of its liability for dam removal — potentially billions of dollars — onto every taxpayer and business in the state of Oregon.
In July 2020, FERC (The Federal Energy Regulatory Commission) reviewed the application for removal of dams on the Klamath River. Approval was given only if PacifCorp was part of the liability for any damage caused by the removal of four dams along the Klamath River. Today’s memorandum intends to transfer a portion of that liability directly onto the backs of Oregonians.
Governor Brown has no constitutional authority to make this decision. By fiat she has created this policy, entering into this agreement, without legislative process or approval from the people of Oregon.
“This is unethical business by PacificCorp. We accept them as a business partner in our community, but transferring the liability, potentially billions of dollars onto every taxpayer and business in the state of Oregon, is wrong,” said Klamath County Commissioner Donnie Boyd.
“This bold move by the Governor, without any legislative consideration continues her unconstitutional mandates causing harm to Oregonians while lining the pockets of big corporations,” said Representative E. Werner Reschke. “While the Governor polishes her resume for the Biden administration, the prospects for her career increase but the opportunities for Oregonians decrease,” said Rep. Reschke.
State Senator Dennis Linthicum replied, “This is another saga in the latest batch of Governor Kate Brown’s unconstitutional power grabs. Brown continually brokers high-stakes, dark-of-night deals without public or legislative input. Oregon’s taxpayers will be on the hook for millions if this imprudent cronyism is allowed to stand.”
Representative Reschke, Senator Linthicum and Commissioner Boyd stand resolute against this memorandum of agreement.
House Republican Leader Statement on Oregon’s role in the Removal of Klamath Dams
Salem, ORE. – Today, House Republican Leader Christine Drazan (R-Canby) released the following statement on the recently announced agreement to remove Klamath dams and transfer liability to Oregonians:
“It is critically important as complex water issues in the Klamath basin continue to impact tribal members, water users and stakeholders, that we don’t forget all Oregonians who are depending on us to maintain a commitment to good government.
Any executive branch agreement must include protections for tax dollars currently dedicated to funding our safety net.
During this period of economic uncertainty Oregonians cannot afford to allow the governor to simply write a blank check.
This agreement has no protections against cost overruns and is being entered into within an uncertain litigious and regulatory environment, which will impact state budgets for years to come.
As discussions of the removal of additional dams continue within the Brown administration, the importance of hydropower to Oregon’s economic strength and growth cannot be overstated. Hydropower remains a reliable, clean, emission-free energy source which we must not abandon.”
