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Corps may get Gas Waiver for Dworshak by Eric Barker Lewiston Tribune, June 21, 2001

Lewiston plant seeks an exemption from regulations

The State of Idaho and the Nez Perce Tribe are willing to consider issuing the Army Corps of Engineers a long-term variance for dissolved gas standards at Dworshak Dam, but both say it won't happen easily.

"The tribe would be very hesitant to support any kind of multi-year waiver," said Rick Eichstaedt, an attorney for the tribe's water resources division.

Officials from the state and tribe met Wednesday with officials from the corps, EPA, and National Marine Fisheries Service about the possibility of developing a multi-year variance for dissolved gas standards in the lower Clearwater River.

When large amounts of water are released from the dam to aid juvenile salmon migration, it often causes the lower Clearwater to exceed state standards for dissolved gas.

The federal government's salmon recovery strategy calls for Dworshak water to continue to be used each summer as a tool to aid juvenile fall chinook migration and control temperatures in the Snake River.

Last year the state and tribe issued a conditional waiver for the standards that was rejected by the National Marine Fisheries Service. Again this year the state and tribe have issued a conditional permit that requires the reservoir to remain at full pool through July and would give veto authority on water releases to the two entities.

Because low water flows will make it easier to cool the Snake River, the federal government won't need the waiver this year. The corps will be able to release water at lesser volumes and still cool the river.

But the agency is seeking multi-year waivers for spill programs from Idaho, Oregon, Washington and the tribe as part of its inter-agency water quality plan now under development.

The state and tribe have been at odds with the federal government over summer operations of Dworshak for the past several years. They say discussions about a variance would have to address their concerns over the use of the water.

Both the state and tribe would like some of the water that is annually drained from the reservoir for temperature control and flow augmentation to be saved and used in September. That's when late-migrating juvenile fall chinook are still in the river and adult steelhead are beginning to return.

They also want the water releases to start after July 15 to give juvenile fall chinook in the Clearwater River more time to grow and provide more recreational opportunities at the reservoir.

"To simply do a waiver and not look at other issues is problematic," said Dave Mabe of the Department of Environmental Quality.

Paul Wagner of the National Marine Fisheries Service said his agency has a long-term goal of being able to spill water without exceeding dissolved gas standards. Technology such as the raised spillway crest being tested at Lower Granite Dam, may make that possible in the future, he said. Spilling water at dams does help more young salmon make it to the ocean, according to Wagner.

"Spill and survival seem to go hand in hand, at least for main stem passage."

The state and tribe agreed to work on a joint letter that they will send to the corps outlining the conditions under which they would consider a multi-year dissolved gas waiver.

"We are hopeful this multi-year variance issue will provide benefits to both sides," said Scott Turlington, a natural resource advisor to Idaho Gov. Dirk Kempthorne. "This is promising."

A plan for Dworshak water this year has not been finalized. Once again the state and tribe would like spill to start later so more water will be available in September. But the NMFS wants to use most of the water in July and early August when the bulk of juvenile fall chinook are moving down the Snake River. A group of state, federal and tribal salmon mangers, known as the Technical Management Team, will take up the issue next Wednesday at its weekly meeting in Portland.