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Tribe Objects to Circuit Court Ruling on Dams by Staff Lewiston Tribune, October 6, 2004

The Nez Perce Tribe Tuesday strongly criticized a Ninth Circuit Court of Appeals ruling saying dams on the lower Snake River do not violate the Clean Water Act.

The tribe and environmental groups, who were also a party to the lawsuit against the U.S. Army Corps of Engineers, have 45 days to seek a rehearing of the case. The tribe has argued that the dams, by slowing the river's flow, contribute to high water temperatures that violate clean water standards and harm salmon.

"This case has shone a spotlight on the corps' compliance with the Clean Water Act at the four lower Snake River dams. This is just the beginning of the debate over the corps' dams' impacts on water temperature and the costs the dams impose on fish, wildlife and water," said Anthony D. Johnson, chairman of the tribe's executive committee.

The court ruled the corps is doing all it can to reduce water temperatures.