EPA imposes Calif. nutrient curbs for Klamath River
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SAN FRANCISCO -- U.S. EPA endorsed tough new regulations today to
govern cleanup of nutrients, algae and other pollution in the Klamath
River.
The agency's Region 9 office here approved "total maximum daily load"
(TMDL) restrictions for California's neck of the Klamath River that
were cleared by state officials last year but opposed by the utility
PacifiCorp, which owns four Klamath dams that have long been the
subject of court fights over restoring once-vibrant salmon runs in
Oregon and California.
Mandated by a court decree in 1997, the rules set pollution limits for
the Klamath that will control nitrogen, phosphorus and sediment
levels, all of which affect water temperatures and dissolved oxygen.
The rules will also ban dredge mining from cold spots in the river
that are key for salmon recovery.
The Klamath River is federally protected as a wild and scenic river
and has been called the "Everglades of the West" because it drains a
watershed in Oregon and California that covers more than 12,000 square
miles before emptying into the Pacific Ocean. The river and its
tributaries support the highest diversity of anadromous fish of any
river in California, including salmon, cutthroat trout, steelhead and
sturgeon, according to EPA.
A spokesman for the California State Water Resources Control Board,
Dave Clegern, said the EPA clearance means the rules take effect
immediately. The board is in the process of reaching out to farmers
and others that dump runoff into the watershed, to communicate the
limits of the TMDL rule as well as the timetable for achieving the
standards, Clegern said.
"What we do now is we begin pushing people to move in that direction,"
he explained.
Oregon's Department of Environmental Quality is expected to vote on
similar rules within the next few weeks.
Glen Spain, Northwest regional director for the Pacific Coast
Federation of Fishermen's Associations, said Oregon is required under
the Clean Water Act to comply with the same thresholds established for
water quality at the California border because EPA approved the rule.
"Neither state can clean up the Klamath by itself," Spain said.
"Having a California standard at the border means Oregon has to comply
with that standard when it gets to the border."
Is dam removal next?
PacifiCorp argued against the TMDL rules during hearings before the
California water board, saying the company cannot control pollution
north of the dams in the Upper Klamath Lake, which feeds into the
Klamath River.
A pact to destroy the dams and restore salmon runs was signed nearly a
year ago by Oregon, California, the Obama administration, PacifiCorp
and dozens of interest groups, but it is still subject to Interior
Department review.
Many view PacifiCorp's opposition as a hedge against the dams' never
being removed, which Spain said makes sense given the company's
inability to control pollution from the agriculture industry and
sewage to the north of its hydroelectric operations. At the same time,
Spain called the TMDL rule "bulletproof" because it has been reviewed
extensively by federal and state scientists.
"They have to keep their options open," he said, in reference to the
TMDL opposition, adding that he believes the dams are still on track
for removal within the next 10 years.
A key milestone for dam removal will be cost estimates to be released
within the next few months by engineers currently studying the issue.
If that price tag comes in below the $200 million that PacifiCorp has
pledged to spend, momentum behind breaching the dams could accelerate.
"If it's within $200 million, then PacifiCorp will be the primary
funder, then we won't need the [California water] bond act," Spain
said. "It would be nice not to depend on it."
A water bond that would fund California's portion of removal is on the
November 2012 ballot. It was to be voted on last year, but former Gov.
Arnold Schwarzenegger (R) led a drive to delay the vote out of fear it
would lose in tough economic times.
PacifiCorp did not return calls seeking comment on whether it might
sue to stop the TMDL rule. Spain did say he expects other "third
party" lawsuits but was not sure if that would originate from
PacifiCorp.
