[3] BiOp Judge To BPA: Can You Tap Stimulus Money For Salmon?

BiOp Judge James Redden added two more questions to the recent list of queries he wants answered during oral arguments set for March in Portland about the latest plan for saving salmon and operating dams on the Columbia and Snake rivers.

He wants to know if NMFS disregarded its own scientists' criticisms of the Columbia estuary restoration plan used by the feds to help reach a no-jeopardy decision for dam operations in the 2008 hydro BiOp.

Redden pointed to a review of the plan from NMFS' own director of science and research, who concluded that the expected benefits were "overestimated," and that nearly three times as many projects were needed to achieve the stated survival improvements during the life of the 10-year plan.

Redden also wanted to know if BPA could commit more funding for hydro, estuary and/or tributary habitat mitigation, in light of the $3.25-billion boost in borrowing authority granted to the power-marketing agency in the new stimulus bill.

His query brought an immediate response from the Columbia-Snake Irrigators Association, who said that if more court-ordered BiOp costs are incurred, BPA Administrator Steve Wright should begin a review to withdraw from the nearly billion dollars' worth of funding commitments contained in MOAs with states and tribes developed to gain support for the new hydro BiOp and guarantee funding for habitat restoration.

The irrigators said they would fully protect their rights as ratepayers to "compel" BPA to withdraw from the Accords, if the agency does not do it on its own.

"In full honesty," said the irrigators' Feb. 26 letter, "we are astounded by Judge Redden's callous disregard for the fundamental economics (and science) surrounding the existing hydro system fish mitigation recovery measures, and a near total lack of awareness for the severe economic recession confronting our region."

The Accords contain a provision that would allow BPA to renegotiate or withdraw from the Accords if an amended BiOp requires actions "that are financially material to an Action Agency."

The irrigators pointed out that continuing court-ordered spill operations in the future "could be viewed themselves as financially material to BPA operations."

Other federal agencies may actually use some of the recent stimulus funding to pay for fish recovery actions, but Corps of Engineers' spokesman Patrick Swan said it's too soon to tell how much of his agency's $4.6 billion might go to pay for more BiOp actions. He said those decisions will come from the headquarters office, but it was likely some funding for salmon would be available.

NOAA Fisheries has $160 million or so in a habitat restoration fund developed by the stimulus bill, said Jennifer Steger, from NOAA Fisheries' Restoration Center office in Seattle.

She said the agency will solicit projects through open competition, and salmon recovery efforts are likely to rate high for getting a solid "ecological bang for the buck."

As for the possibility of funding some estuary work on the Columbia, she couldn't promise anything, and noted that estuary work typically costs two or three times as much as other habitat restoration work due to high land costs near the water. -B. R.

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