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Lawmakers Introduce Bill to Protect Snake River Dams by Matthew Weaver Capital Press, January 24, 2025

State concerns include the possible negative effects to
the environment and economy if the dams are removed.

Legislation proposed by Sen. Jm Risch, R-Idaho, and Rep. Dan Newhouse, R-Wash., is designed to preserve and protect the four lower Snake River dams.

The Northwest Energy Security Act directs the federal Columbia River power system to operate in alignment with the "2020 Columbia River System Operations Environmental Impact Statement Record of Decision," which found that the dams should not be breached.

"The lower Snake River dams are indispensable to the northwest, and efforts to breach them are profoundly misguided," Risch said in a press release. "These dams provide reliable, clean hydropower while supporting critical transportation, agriculture, and irrigation that sustains our region."

"This legislation upholds the Lower Snake River dams as a vital piece of infrastructure for Central Washington and the Pacific Northwest," Newhouse said in the release. "I am proud to lead this legislation alongside Senator Risch as we strengthen the coalition to protect our region's clean and affordable source of baseload power."

The 2020 record of decision was the result of a "peer-reviewed, science-based process" that found the dams and their benefits should be protected, said Sen. Mike Crapo, R-Idaho, another sponsor of the bill, in the press release.

Sens. Steve Daines, R-Mont.; Tim Sheehy, R-Mont.; John Barrasso, R-Wyo.; and Cynthia Lummis, R-Wyo.; and Reps. Russ Fulcher, R-Idaho; Cliff Bentz, R-Ore.; and Michael Baumgartner, R-Wash. also supported the legislation.

Organizations supporting the legislation include the Pacific Northwest Waterways Association, Northwest River Partners, Washington Association of Wheat Growers (WAWG), Public Power Council and Tri-City Development Council.

"The Snake River dams are vital to Washington's wheat growers," said Michelle Hennings, WAWG executive director, in the press release. "Scientific evidence conducted by the U.S. government has proven that removing the Snake River dams goes against environmental statutes and public interests. Washington wheat growers support any efforts that ensure the dams continue to operate as an integral part of the Columbia River System."

"These waterways, with their strategically placed dams, not only empower our region by facilitating the efficient transport of agricultural and industrial products but also bolster our energy portfolio with reliable and sustainable power sources," said Leslie Druffel, co-chair of the waterways association's Inand Ports and Navigation Group and outreach director for The McGregor Co., in the press release.

Long-running fight

The dams have long been the target of environmental groups and Tribes who have wanted to remove them, saying the dams are threatening endangered wlld species of salmon. Salmon populations were originally driven down by the influx of settlers in the late 1800s, prior to the dams' construction.

About 2.3 million salmon and steelhead migrate up the Columbia River each year, the Northwest Power and Conservation Council recently reported. That's an improvement since the 1990s, but still below the recovery goal of 5 million fish. About 56% are estimated to be hatchery-raised fish; the goal is to propagate more wild fish.

Most agricultural stakeholders cite similar fish declines in other rivers without dams, and the unknown effects in the ocean. They're concerned about possible negative effects to the environment and economy if the dams are removed.

'Champions in Congress'

"We're obviously very pleased to see (the bill's) reintroduction from our champions in Congress," said Anthony Pena, government relations manager for the Pacific Northwest Waterways Association. "I think there's potential, but it's as clear as mud what's going to happen with anything in Congress, let alone this bill."

It's too soon to tell what kind of effect the new bill would have, agreed Clark Mather, Northwest RiverPartners executive director.

"Administration transition and new Congresses are unpredictable, so we'll have to see where this goes," Mather said. "It's really important to deliver affordable, clean and reliable hydropower to millions of people in the region. We think we have an opportunity to continue to support the fish restoration momentum we see in our rivers, and maintain energy affordability ..."

Unlikely to move forward?

Newhouse has made multiple attempts to draft a bill supporting the dams, said Darryll Olsen, board representative for the Columbia-Snake River Irrigators Association.

"This has a lot of PR look to it," Olsen said.

He estimates the latest bill is Newhouse's sixth attempt in five years.

Olsen is not certain how the bill would conflict with a legal settlement agreement signed between the Biden administration, several Tribes and the states of Oregon and Washington in December 2023.

He thinks it could conflict with the Stevens Treaties established in the 1850s, which promises reservations for the exclusive use of the Tribes and reserving the right to hunt, fish, and conduct other traditional activities on lands off of the reservations, and pre-date all other laws.

He's not sure the Trump administration would want to challenge the treaties.

"I think it's very unlikely" to move forward, Olsen said of the newest bill. "I don't recommend that anyone try to take the Stevens Treaties head on."

Northwest Energy Security Act

To provide for operations of the Federal Columbia River Power System pursuant to a certain operation plan for a specified period of time, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
The Act may be cited as the "Northwest Energy Security Act".

SEC. 2. DEFINITIONS.
In this Act:

1. FCRPS. -- The term "FCRPS" means those portions of the Federal Columbia River Power System that are the subject of the Supplemental Opinion.

2. SECRETARIES. -- The term "Secretaries" means --
   (A) the Secretary of the Interior, acting through the Commissioner of Reclamation;
   (B) the Secretary of Energy, acting through the Administrator of the Bonneville Power Administration; and
   (C) the Secretary of the Army, acting through the Chief of Engineers.

3. SUPPLEMENTAL OPINION. -- The term "Supplemental Opinion" means --
   the document entitled "Columbia River System Operations Environmental Impact Statement Record of Decision" and dated 16 September 2020.

SEC. 3. OPERATION OF FCRPS.

The Secretaries shall operate the FCRPS in a manner consistent with the reasonable and prudent alternative described in the Supplemental Opinion.

SEC. 4. AMENDMENTS TO SUPPLEMENTAL OPINION.

(a) IN GENERAL. --
Notwithstanding section 3, the Secretaries may amend portions of the Supplemental Opinion and operate the FCRPS in accordance with those amendments if all of the Secretaries determine, in the sole discretion of each Secretary, that --

1. the amendment is necessary for public safety or transmission and grid reliability; or
2. the actions, operations, or other requirements that the amendment would remove are no longer warranted.

(b) RESTRICTION ON AMENDMENTS. --
The process described in subsection (a) shall be the only method by which the Secretaries may operate the FCRPS in any way that is not consistent with the reasonable and prudent alternative set forth in the Supplemental Opinion.

SEC. 5. LIMITATION ON RESTRICTING FCRPS ELECTRICAL GENERATION; CLARIFICATION.

(a) RESTRICTING FCRPS ELECTRICAL GENERATION. --
No structural modification, action, study, or engineering plan that restricts electrical generation at any FCRPS hydroelectric dam, or that limits navigation on the Snake River in the State of Washington, Oregon, or Idaho, shall proceed unless such proposal is specifically and expressly authorized by a Federal statute enacted after the date of the enactment of this Act.

(b) CLARIFICATION. -- Nothing in this section affects or interferes with the authority of the Secretaries to conduct operation and maintenance activities or make capital improvements necessary to meet authorized project purposes of FCRPS facilities.