Environmental Groups will Not Seek Injunctive Relief (Spill and Flow) for 2007 Idaho Water Users 

1/12/07

Today, the environmental plaintiffs in the Federal Columbia River Power System (FCRPS) salmon litigation filed the attached Notice Regarding Injunction Proceedings with Judge Redden. They advised the Judge and the parties that they have decided not to file a motion for further injunctive relief with respect to 2007 FCRPS operations.  This means that they will not be seeking additional spill or flow augmentation from the FCRPS projects for 2007.  With regard to flow, the plaintiffs stated that while they believe “that strong evidence supports flow improvements, particularly at low flow levels in the late spring and through most of the summer migration seasons” and while they are concerned “that these improvements will not be part of a revised proposed action or RPA,” they “will not seek such relief either in the form of flow enhancements or lower reservoir levels by way of an injunction in 2007.”  Instead, they will await the outcome of the FCRPS biological opinion remand process, which is currently scheduled for completion on July 31, 2007.

The major factor in the environmental groups’ decision not to seek more spill and flow this year seems to be the fact that the four lower Columbia River Treaty Tribes, including the Nez Perce Tribe, have reached an agreement with the federal government regarding operations for 2007 and will not seek or support any request for injunctive relief.  Without Tribal support, the environmental groups’ request would likely have fallen on deaf ears with the Judge.

As always, please let us know if you have any questions.

Norman M. Semanko
Coalition for Idaho Water, Inc.
Idaho Water Users Association, Inc.