Fish Passage and Reintroduction Into the US & Canadian Upper Columbia River

In a joint, historic proposal to the Bonneville Power Administration (BPA) and the Army Corps of Engineers, the Columbia River Tribes and the Canadian First Nations have laid out a thoughtful, achievable, phased plan to restore fish passage at dams, like Grand Coulee, that have blocked salmon, steelhead and other anadromous fish from prime habitat in British Columbia for generations. This is NOT fantasy.  If we want salmon, if we want a commerical and recreational fishing industy in the Northwest–this plan must be implemented. Certainly, we have a moral duty to the Tribes to implement the plan, but we also must do so for the economy and environment of this region.  Restoring prime fish habitat in British Columbia is crtical to give salmon, and the fishing industry, a fighting chance as the impacts of climate change manifest themselves over the coming decades.  We wholeheartedly support and endorse the proposal’s goals.  Read the Proposal from U.S. Columbia Basin Tribes and Canadian First Nations here.

CELP has been working with a coalition of environmental organizations, in alliance with the Columbia River Tribes, to urge the State Department to modernize the Columbia River Treaty to include restoring the ecosystem of the basin.  The Bonneville Power Administration (BPA) and the Army Corps of Engineers agreed that the 1964 Treaty, which expires in 2024, should be expanded to include the ecosystem as a third priority—in addition to the current priorities of generating hydropower and flood control.

What does including the ecosystem in the Treaty mean?  Well, it could provide an international platform for the United States and Canada to jointly plan for reintroducing salmon to the upper Columbia Basin.  Obviously, this is incredibly important to the Columbia River Tribes and First Nations who suffered incalculable cultural, economic, and spiritual losses when dams, like Grand Coulee, were built on the Columbia River without fish ladders—blocking salmon passages above them.

Renegotiating the Treaty is also important in the face of climate change.  The best climate science tells us that the United States’ side of the Columbia Basin is going to get significantly warmer in the next decades, and we will continue to lose snowpack that provides the water salmon need.  The 49th parallel will then become not just a dividing line between the US and Canada, but a dividing line between where there is and is not snowpack and refuge for fish and wildlife.  To keep salmon in the Columbia River basin, and, for that matter, in the greater Northwest, we are going to need to work with Canada to open up this cooler habitat if possible.

Click here to Read the Proposal from U.S. Columbia Basin Tribes and Canadian First Nations.

Fish Passage and Reintroduction Proposal Photo

Washington Water Watch (February 2014)

CELP’s February 2014 edition of Washington Water Watch is now available online!   It includes our Olympia Round Up and Legislative Report Card as of 2/14/14.

Click here to read the most recent edition of Washington Water Watch.

You can click through to our Facebook page here and choose “Join my List” in the right hand corner to be sure to receive these updates in your inboxes from now on.

Washington Water Watch Image 02.14



Join us on February 21!

Your are invited to the 2014 Winter Waters Celebration!

When: Friday, February 21 from 6:30-9:30pm

Where: Patsy Clark Mansion, 2208 W. 2nd Ave Spokane, WA

Click below for tickets and additional information! 

Our annual celebration of water will focus on modernizing the Columbia River Treaty to bring home salmon to the Spokane River and other ancestral spawning waters in our area.  D.R. Michel, executive director of Upper Columbia United Tribes will keynote the evening.  We’ll also provide an update on Oil Trains and Coal Trains by Jace Bylenga, Sierra Club.The event will honor two WSU emeritus professors — Norman Whittlesey and Walter Butcher — for their historic contributions in water economics and ongoing scrutiny of costly federal and state irrigation projects proposed for our region.  Their academic integrity in service to the public has helped protect rivers, taxpayers, and ratepayers for decades.

The Center for Environmental Law & Policy (CELP) and The Upper Columbia River Group of the Sierra Club (UCR) look forward to hosting you at the Patsy Clark Mansion on February 21 for an evening of awards, appetizers, music and wine.  Tickets are $25, and proceeds will be used to support our river advocacy.

Resources from CELP: 2013 Editions of Washington Water Watch

We are very excited to have our new website up and running for 2014!  Below you will find several of our editions of Washington Water Watch from 2013.  Enjoy!


Washington Water Watch January 2013

Washington Water Watch March 2013

Washington Water Watch April 2013

Washington Water Watch August 2013

Washington Water Watch September 2013

Washington Water Watch November 2013


Keep an eye on your inboxes for the first Washington Water Watch of 2014, coming soon!

Fish, Boeing and Public Health: What’s going on?

The federal Clean Water Act sets water pollution limits for industries that spill wastewater, contaminated with pollutants, into our lakes, rivers, streams, estuaries, oceans, and, of course, Puget Sound. How those limits are set is a very complicated, contentious process—that far too often involves more political science than the physical and health sciences.

The state, which implements the Act in conjunction with EPA, is supposed to set pollution limits for many pollutants, according to “the designated uses” of a body of water to protect human health. If people drink from the water, the water should be safe for drinking.  If people swim in the water, the water should be safe for swimming.  And if people fish in the water, the fish caught should be safe to eat. 

boy with fish Washington never set its own human health criteria for fish consumption from local waters based upon how much fish  Washingtonians eat. Back in 1992, Washington became one of fourteen states that set its water quality standards based upon on the national fish consumption rate standard—even though fish and shellfish are part of the fabric of life in Washington.  In 2013, the state’s fish consumption standard even lags behind the national standard. Currently, Washington’s standard is 6.5 grams per day: the amount that would fit on a Ritz cracker. That amounts to 195 grams per month—a portion just a bit larger than Oregon’s current fish consumption rate for a single day. Plainly, Washington’s fish consumption rate needs updating.

Recognizing finally that Washingtonians undoubtedly eat more fish and shellfish than folks in Oklahoma, the state is opting not to rely on national averages but local data. 

Not surprisingly, different people in Washington eat different amounts of fish.  Asian Americans, Pacific Islanders, sportfishers, and, of course, Washington’s Native Americans, on average, eat more fish than Caucasians.  Low income people also eat more locally caught fish.  Shouldn’t we set water quality standards to protect the health of even the most fish loving amongst us? 

The state has gathered data on the consumption patterns of some Washington tribes, Pacific Islanders and sportsfishers.  Kelly Sussewind of the Department of Ecology’s Water Quality Program testified last week before the Senate Energy, Environment and Technology committee that the data pointed to three options to change the fish consumption rate

  • Increasing it to 125 grams per day, or 8 pounds a month. This is the mean fish consumption rate of three Puget Sound tribes which Ecology surveyed. This is also roughly the minimum amount that the American Heart Association recommends everyone should eat monthly.
  • Increasing it to 175 grams per day, or 12 pounds a month. This is Oregon’s standard.
  • Increasing it to 225 grams of fish a day, or 15 pounds a month. This rate is based on data from the Suquamish Tribe and recreational fishers.

Which standard to use?  Certainly the highest standard will protect the most people. Moreover, whatever standard is adopted will be used not just for cancer causing agents but all toxins present in fish—including mercury, PCBs, and arsenic. The diseases associated with these carcinogens and toxins have widely different exposure sensitivities, and consequences. This argues for choosing the most stringent standard.

The political problem is that the more protective the fish consumption rate, the more stringent the water quality standards will have to be to meet that rate, limiting discharges of new pollutants into Washington’s waters.  Even though those higher standards will only apply to new discharges of pollutants, industry is very concerned.  Limiting new water pollution could cost industry and others regulated under the Clean Water Act money—perhaps serious money. Boeing and other industries with a record of pollution have pushed hard to stall the adoption of a new fish consumption rate.

Governor Gregoire forced the Department of Ecology to put its updates to the fish consumption rate on hold at the behest of Boeing back in 2012.  Last Spring, Boeing kept the state legislature from passing a budget for several days over the issue of fish consumption rates.  This Fall, the Governor created a special advisory committee to discuss the issue; Boeing refused to attend.  Then, when Boeing suggested that it might build its new 777x outside of Washington, the Governor called a special session to ask the legislature to pass tax breaks to keep Boeing in the state; fish consumption rates were also on the table.

As we all know, Boeing’s Machinists rejected Boeing’s new contract which would have cut back pension and health benefits.  Boeing is now shopping its new 777x plane to other states.

 So where does that leave the state’s roll out of a new, more realistic fish consumption rate?

The Legislature is holding pre-session hearings on fish consumption rates. Unfortunately, legislative intervention in the complexities of fish consumption rates has more to do with keeping Boeing happy, than protecting human health.

Ecology has yet to announce which of the alternatives identified last Thursday it will choose.  But what was clear at the legislative hearing last week is that Ecology will use “implementation tools”, such as intake credits, compliance schedule extensions of as much as 20 years, and variances to extend when industry has to clean up its discharges.  These implementation tools will inevitably seriously dilute the immediate and the long term benefit to human health of whatever updated fish consumption rate is ultimately chosen.

That simply may not protect our children—and especially those who are come from cultures that eat more than the average amount of local fish.  Shouldn’t they be protected too?

What can you do? Email Governor Inslee Governor.Inslee@Governor.wa.govn and Ecology Director Maia Bellon today.  Ask them to stop delaying.  Ask them to roll out a scientifically valid, protective fish consumption standard, and to require a rigorous implementation schedule.  To do otherwise, harms us all but especially those Washingtonians who eat fish for cultural and economic reasons—and their children.


CELP Op-Ed in the Spokesman Review

Spokesman Review Opinion: Include salmon, climate provisions in river treaty

John Osborn And Suzanne Skinner             October 27, 2013

These falls are that place where ghosts of salmon jump, where ghosts of women mourn their children who will never find their way back home.

From “The Place where the Ghosts of Salmon Jump,” by Sherman Alexie (inscribed at the Spokane Falls overlook).

Spokane Falls

Spokane Falls-John Osborn photo


Canada and the United States are preparing to renegotiate the Columbia River Treaty. The treaty, first signed in 1961, governs management of the Columbia, once the richest salmon river on Earth, but now converted by dams into the world’s largest integrated hydropower system.

Reconsideration of the treaty will profoundly impact the future economies, environment and quality of life of people on both sides of the border. That’s why last August, thousands of Pacific Northwest citizens wrote to urge the federal government to include ecosystem restoration as a core component of a renegotiated treaty. They also called for opening the Upper Columbia Basin to the salmon that once thrived above Grand Coulee Dam, including in the Spokane River.

The federal government listened.

The current U.S. position recommends the U.S. State Department make managing the health and environment of the Columbia watershed a central purpose of a modernized treaty – as important as power generation and flood control. This is a wise and farsighted recommendation that will not only enhance the lives and economies of future generations in the Columbia basin, but also provide some recompense to the Columbia River tribes whose economies, culture and spirituality remains intertwined with salmon despite terrible damage wrought by dams.

Managing the Columbia for its environmental health must mean more than current efforts to comply with the Endangered Species Act. Current recovery efforts fail to meet the life-cycle needs of the Northwest’s most iconic species. Most wild populations are maintaining or declining, despite coming under the protection of the act between 14 and 22 years ago. Present management of Columbia dams remains unsustainable for salmon and other native species.

Climate change is also aggravating existing river-management challenges. This summer, temperatures from McNary Dam to Bonneville Dam on the Columbia were 70 degrees or above for 41 straight days, and for 56 straight days in the middle and longest part of that reach. This previews coming years, when this year’s highest temperature, 73.2 degrees at John Day Dam on Sept. 11, will be a new norm that portends an unhealthy river pushing salmon to extinction.

Washington will suffer impacts of climate change more acutely than British Columbia. In the decades ahead, as much as 60 percent of summer flows in the Columbia will come from our neighbor to the north. We must renegotiate the treaty to include ecosystem restoration so that our two nations have a framework to respond effectively to climate changes already unfolding in the basin.

Northwest utilities currently oppose adding “ecosystem” and “environment” to the treaty, even seeking to terminate the treaty if they don’t get their way. We believe this position overlooks that, for today’s Northwest, ecosystem function is economic function. Both Northwest power production and flood risk management will improve with ecosystem function as the treaty’s third purpose. So will other river-based economic sectors, including salmon. All economic activities in the Columbia River Basin will be damaged by the hotter, unhealthier waters that climate change is creating. All will benefit by urgent, creative bilateral responses.

Indeed, a much-needed creative response that would benefit both the U.S. and Canada is to jointly plan how to open up miles of habitat now closed to salmon in British Columbia and the U.S., including the Spokane River.

We do not have to settle for ghost fish. Restoring the ecosystem of the Columbia holds the promise of healthy salmon returning to the headwaters and someday jumping once again at Spokane Falls.

Decisions made now will have an enormous impact on our region’s economy, environment, and quality of life for the next 50 years.

Help restore the Columbia to health.

Help bring the salmon home.

Help make restoring the Columbia’s ecosystem a core purpose of a modernized Columbia River Treaty.

John Osborn, M.D., Columbia River Future Project, Sierra Club

Suzanne Skinner, Executive Director of the Center for Environmental Law and Policy