EWEB faces lawsuit from Oregon conservation groups over lack of fish pass

By Noah Chavez

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    MCKENZIE RIVER, Ore. (KEZI) — EWEB is facing a lawsuit filed by Oregon conservationists who claim the utility has neglected its agreement to help protect salmon populations. For years, EWEB’S Carmen-Smith Hydroelectric Project has acted as an important safety net to provide Eugene with extra power when demand rises.

Conservationists said the population of fish that call the McKenzie River home has been decreasing. They claim that one of the reasons is EWEB’s failed promise to create a way for the fish to swim upriver to more hospitable water. Conservation Director for Cascadia Wildlands, Bethany Cotton, said that the ball was in EWEB’s court to establish a way for the salmon to swim upriver, but it never happened.

“EWEB has not taken the steps that they have promised and has not ensured that these two federally protected species, spring Chinook salmon and bull trout, could access the river beyond the dam,” Cotton said. “bull trout and spring Chinook salmon were listed under the federal Endangered Species Act in the late 1990’s.”

Cotton added that since 2008, EWEB has been under orders to create a pass for fish. About 16 years later, Cotton said that nothing had happened. That is when her organization, Willamette Riverkeeper, Native Fish, and other groups filed the lawsuit.

“When there still wasn’t progress on compliance, we sent a notice that we were intending to sue them which gives them 60 days to remedy,” Cotton said.

Aaron Orlowski from EWEB said a major reason behind the delay was safety concerns that needed to be addressed per regulators’ requirements. Orlowski said once those concerns were inspected and worked upon, EWEB focused their efforts on the salmon issue.

“Unfortunately, a number of years ago dam safety issues were uncovered at the dam so sinkholes were discovered at trail bridge reservoir,” Orlowski said. “We were required to investigate these sinkholes, investigate some of the other issues related nearby before we’re able to move forward.”

With the suit being filed, there is still litigation and debate that lies ahead. Cotton said that all of the organizations involved in the suit felt that the problem had already gone on for too long.

“That is a direct violation of the law, we’ve seen that has been happening for 16 years that EWEB has been dragging its feet and has broken promise after promise about making sure that they would come into compliance with the law,” Cotton said.

EWEB said they did not want to see a lawsuit come about from this delay in planning. Orlowski said that because of the suit EWEB customers should expect to see a possible increase in prices.

“EWEB is disappointed that they have chosen the courtroom over the collaborations,” Orlowski said. “So, all of the costs of this litigation are paid for through customers rates, so ultimately our customers around the community are going to need to pay for the attorney fees and anything else involved in this litigation.”

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