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TESTIMONY
To The Washington State Senate
By Terry Williams, Commissioner
Northwest Indian Fisheries Commission
Honorable Senators, I am Terry Williams, Executive Director of Natural Resources for the Tulalip Tribes and Commissioner to the Northwest Indian Fisheries Commission. My message to you today represents the interests and concerns of Treaty Indian Tribes throughout western Washington related to the drought that has now been officially proclaimed by Governor Locke.
First and foremost, it is important for you to understand that all of the land that now constitutes the State of Washington was once Indian land, and all of the resources that now sustain the citizens of Washington were once Indian resources. When treaties were made between the United States and the tribes to provide land for the establishment of the state, specific rights were retained by the tribes. Not the least of these was the right to fish-a right that very clearly equates to a right to have fish to harvest. That very clearly means that both the United States and the State of Washington have a trust responsibility and a treaty obligation to the tribes to protect this resource, and to assure that it is sustained-forever.
Moreover, the fact is that salmon is a keystone species. The health of the resource is a direct reflection of the health of the people here, Indian and non-Indian.
For these reasons, we believe it is critically important for the state government to be very clear in prioritizing its response to both the declined salmon runs, listed under the Endangered Species Act and to the compounded problem that now exists with the drought. Priority should be on long term effects, not just the income losses that water shortages will cause this year. When salmon redds are dewatered, when migrations of salmon are interrupted by diminished instream flows, or when diminished flows cause problems with oxygenation, temperatures or purity, salmon die. When the situation becomes as bad as it is this year, entire runs are affected-as are future runs. The priorities you have today, and the decisions you make this year will affect salmon runs for generations to come. That has very long term implications for both the culture and the economy of this region.
For that reason, the tribes demand that the State of Washington abide by the terms of the treaties, and do all that is possible to prioritize the needs of salmon in its response to the drought.
Please find attached to this statement a copy of the drought-related news release issued by the Northwest Indian Fisheries Commission yesterday. This release was issued in the wake of the Governor's call for the Department of Ecology to declare a drought emergency in the state. The release calls for three things: 1) For DOE to prioritize the protection of instream flows as it uses the tools made available under the declaration; 2) For the cities and utility districts in this state to establish immediate moratoriums on the use of water, and 3) For the people of the state to "go above and beyond" in their response to the situation by conserving water at every opportunity. We encourage the State Legislature to do all in its power to support these objectives.
No watershed is exempt from the serious impacts of this drought. On my own river system, flows have already been so low that our smolt traps, used to support our monitoring program, may not be able to continue operating. On system after system, we can expect to see stranded adult and juvenile salmon stranded this summer, unable to complete their natural cycles. Attached, please find an article soon to be published in our Northwest Indian Fisheries Commission "NEWS" which describes the dire conditions on the Skagit system.
The simple fact is that fish have been listed as endangered species for good reason, and that if they are not taken care of, they will be gone. This must be avoided at all cost. The survival of fish must take precedence over draw downs for profit. They are far more important than potatoes, apples, hot tubs, green lawns or clean cars. Rules must be established to protect them-now. Attachments
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The onset of dry weather this winter has caused serious consequences for the region's energy producers, power consumers and - possibly most important - the salmon resource in western Washington. Emblematic of the problem is the situation at Puget Sound Energy's Baker River dams, where turbines were closed to power production for the first time this year due to a lack of rain and snow.
The dams on Baker Lake and Lake Shannon were shut down on Feb. 28 because a 55-mile stretch of the Skagit River reached exceedingly low levels, threatening hundreds of thousands of salmon eggs and recently hatched fish. Without sufficient water, the juvenile salmon can be exposed to the air - which means doom.
"The way that Baker was operated really exacerbated that problem. When all the tributaries were very low, Baker was still running very high," said Stan Walsh, fisheries biologist with the Skagit System Cooperative, the natural resources consortium of the Swinomish Tribe, Upper Skagit Tribe and Sauk-Suiattle Tribe. "Puget Sound Energy was betting the fall rains would come, and that just didn't happen."
The drought conditions came at a most inopportune time, especially for the Skagit River chum salmon run.
This year's chum run came back very weak - initial projections of 140,000 fish had to be revised down to 40,000 - and to make matters worse, a disproportionate amount of the fish spawned in the middle river, where the water dropped to dangerously low levels.
"Add that to a pretty high strand rate, and you have a significant impact to this year's chum run," Walsh said.
Crises began in earnest over the Thanksgiving weekend, when Puget Sound Energy dropped Skagit River flows to take in water over the turbines. This left hundreds of chum eggs exposed for approximately four days. After the de-watering events began happening around Thanksgiving, SSC has been working with Puget Sound Energy, state and federal agencies to try to minimize loss of fish populations.
Additionally, the dry December weather caused chinook salmon eggs - listed as threatened under the federal Endangered Species Act - to be exposed, with as many as 20 percent of those eggs being damaged according to biologists.
Puget Sound Energy is currently beginning the process of renewing their operating license for the Baker Lake dam. This process, says Walsh, should include an accord to boost minimum flow levels in order to prevent future impacts to salmon.
"Within the next five years, hopefully, PSE will reach an agreement with the tribes, the state and federal agencies to increase minimum flow levels," said Walsh, who added that he is optimistic this will happen.
Walsh would like to see a number of additional reforms instituted, including a low-flow release valve installed on the Baker Lake dam which would enable Puget Sound Energy to respond to drought conditions by releasing water. This could help avert the kind of crisis that this year's chum run has suffered during future dry spells. For Immediate Release
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OLYMPIA, WA (3/14/01)- Faced with the worst drought in decades, there is likely to be a mad scamper for water by irrigators and water purveyors. The state of Washington is already under immense pressure to provide more water to them, despite the fact that water needed for fish is in scarce supply, according to Billy Frank, Jr., chairman of the Northwest Indian Fisheries Commission.
In a news conference held today by Governor Gary Locke, the State Department of Ecology was ordered to declare a drought emergency. The declaration will provide three primary response tools: emergency drought permits, transfers of water rights for temporary periods and financial assistance.
"In implementing these measures, the tribes urge the agency to maintain the greatest possible instream flows for fish," said Frank. "We demand that cities and public utility districts declare water moratoriums and we encourage citizens to go above and beyond these calls for conservation to do everything possible to save water."
"When fish are unable to spawn because of low flows, there is a severe economic as well as cultural impact on generations to come to those who can least afford it. Let's keep our priorities straight. Lost income this year is one thing. Impacts on the economy and the culture of the Northwest for decades to come is another," said Frank.
"Let there be no doubt. The salmon are in serious trouble. There is no watershed in the region that escapes this fact. And please, let us never forget, that when salmon are in trouble, people are in trouble. Salmon are a keystone species. Their condition is a direct reflection of our own," he said.
"So we call on people to support the Governor and the Department of Ecology when they use the tools available to them to conserve water. We demand the immediate implementation of mandatory conservation by the cities and utility districts. And we ask people to make good choices in this time of need. Do not water lawns and gardens. Do not wash cars. Do not use water in any way that is not absolutely necessary. Do support those governmental and utility officials who do the right thing by using every tool at their disposal to conserve water," said Frank.
"I hope to see a lot of brown lawns this summer," said Frank. "I will view them as a badge of honor."
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