Klamath Riverkeeper to Sue PacifiCorp for Polluting Klamath River
Regina Chichizola, Klamath Riverkeeper
January 17, 2007

YREKA, CA- Klamath Riverkeeper sent a 60 day notice of intent to file a lawsuit today against Warren Buffett’s PacifiCorp for polluting one of the nation’s most important and controversial salmon rivers, the Klamath. Klamath Riverkeeper’s lawsuit asserts that operation of the Iron Gate Dam hatchery has resulted in repeated violations of the Clean Water Act and is just one of the ways that PacifiCorp, as the owner of the four dams along the Klamath River, is destroying the River, its salmon runs, and the coastal fishing economies of the California and Oregon Coastline.

Thousands of adult salmon have died because of low flows and poor water quality. Since the dams were built, Klamath Salmon numbers have dropped from more than a million to less then 8% of that with one of the worst runs ever occurring last year, according to the Klamath Riverkeeper. Record-setting levels of a highly toxic algae have been found behind the dams during the last two years, and last year, low runs of wild Klamath salmon caused severe restrictions on commercial salmon fishing on over 700 miles of coastline in Oregon and California. These conditions have resulted in federal disaster declarations and have fueled the movement by the states, fishermen, tribes, and environmental groups to take down PacifiCorp’s outdated dams along the Klamath River.

“First PacifiCorp dammed the Klamath River cutting off hundreds of miles of salmon habitat and degrading water quality,” stated Regina Chichizola, the Klamath Riverkeeper. “Now, the hatchery that was supposed to fulfill PacifiCorp’s promise to keep the Klamath salmon from facing extinction is polluting the river and further jeopardizing the survival of the salmon it is best known for.” Chichizola went on to say that the dams do not provide for flood control or irrigation, and represent less than one-half a percent of PacifiCorp’s energy supply Klamath Riverkeeper has documented repeated discharges of wastewater containing pollutants in violation of the hatchery’s permit and tracked the hatchery’s failure to comply with monitoring and reporting requirements of the permit, which will be the basis for the lawsuit. Riverkeeper is also looking into ways to hold PacifiCorp responsible for the creation and release of toxic algae in their dams.

PacifiCorp, a Portland, Oregon company, was recently acquired by MidAmerican Energy Holdings Company, which is owned by Warren Buffet’s Berkshire Hathaway, Inc.

Chichizola called upon Buffet to reconcile his philanthropic concern for low-income and health-challenged communities around the world with PacifiCorp’s practices here in California. In 2006, Buffet committed roughly 85% of his $40 billion fortune to the Bill & Melinda Gates Foundation. Two of the charities run by Buffet’s children – also beneficiaries of his fortune – include a focus on the environment, species protection and clean water.

“The second richest man in the world owns PacifiCorp, yet the company is not being held responsible for its role in the deepening crisis on the Klamath. We implore Mr. Buffett to review the practices of PacifiCorp and its devastating impact on the Klamath and coastal economies. We can still save the Klamath and its wild salmon but urgent action is needed now. The Klamath’s future, and the future of the salmon industry, is in Warren Buffett’s hands,” said Chichizola.

In accordance with Title 17 U.S.C. Section 107, and as defined under the provisions of "fair use", any copyrighted material herein is distributed without profit or payment for non-profit research and for educational use by our membership.

Riverkeeper Wants Klamath Hatchery Cleaned Up
By Jeff Barnard, Associated Press
January 17, 2007

Klamath Riverkeeper, an affiliate of the Waterkeeper Alliance headed by Robert Kennedy Jr., has sent a 60-day notice of intent to sue under the Clean Water Act to PacifiCorp and the California Department of Fish & Game.

The utility owns the hatchery at Iron Gate Dam in Holbrook, Calif., and the department operates it. Both would be defendants.

The aim of a suit would be to make PacifiCorp pay to upgrade the hatchery, taking on the environmental and social costs of the pollution, rather than imposing them on the salmon and people downstream, said attorney Daniel Cooper, who represents Klamath Riverkeeper.

Any increase in the cost of operating the dams makes it more attractive for PacifiCorp to agree to take them out, Cooper said.

"This is a first salvo to try to make the hatchery reflect the real costs," said Cooper. "We will also be petitioning the regional and state boards that issue state pollution permits to the dams, because the dams are discharging pollutants into river. The permits have minimum requirements which the dams will be very hard pressed to meet."

Klamath Riverkeeper Regina Chichizola said the hatchery regularly discharges fish parts and excrement that exceed Clean Water Act limits, and regularly fails to report the discharges. The materials feed algae blooms associated with parasites that have contributed to declines in salmon returns.

Spokesmen for the company and the department said the notice hadn't been received, and had no comment.

PacifiCorp is based in Portland and serves 1.6 million customers in six western states. It is seeking a new operating license for the Iron Gate, J.C. Boyle, Copco No. 1 and Copco No. 2 dams, which produce about 150 megawatts of power, enough to serve 70,000 customers.

The first of the dams went in nearly a century ago, and they now block about 250 miles of salmon spawning habitat.

A coalition of conservation groups, Indian tribes and commercial salmon fishermen is trying to convince PacifiCorp to remove the dams rather than seek a new license.

After a collapse of wild salmon returns to the Klamath triggered drastic cutbacks in commercial salmon fishing off Oregon and California last summer, the governors of the two states called a summit to consider removing the dams. It was originally scheduled for December, but has been delayed over efforts to work out agreements among the various parties.

Cooper said the Clean Water Act provides for fines of up to $32,500 a day, but Klamath Riverkeeper would rather settle and see any money go into Klamath River restoration rather than the federal treasury.

Apart from any costs for upgrading the hatchery, a report for the California Energy Commission has said PacifiCorp could save $101 million over the next 30 years by removing the dams and buying replacement power, rather than upgrading the dams and reducing power production to meet modern standards for fish protection.

PacifiCorp is owned by MidAmerican Energy Holdings Co., based in Des Moines, Iowa, and controlled by billionaire Warren Buffett.

In accordance with Title 17 U.S.C. Section 107, and as defined under the provisions of "fair use", any copyrighted material herein is distributed without profit or payment for non-profit research and for educational use by our membership.