Victory in Dams Toxic Case
Klamath Riverkeeper Press Release
March 20, 2008

Orleans, CA – Klamath Riverkeeper won a major concession today from the Environmental Protection Agency related to the toxic algae created by PacifiCorp’s reservoirs on the Klamath River. In the wake of litigation filed by Klamath Riverkeeper, the agency reconsidered its decision to not designate the Klamath River as impaired by the toxic algae. The reservoirs created by PacifiCorp’s dams are the origin of the blooms of the toxic blue green algae Microcystis aeruginosa, a liver toxin and known tumor promoter.

“Given the fact that the concentration of algal toxin exceeds international safety standards by as much as 4,000 fold, we could not believe that the EPA failed to act. We hope today’s announcement signals a commitment by the agency to stop PacifiCorp’s toxic pollution of the Klamath River and will ultimately drive another nail in the coffin for PacifiCorp’s dams,” said Regina Chichizola, the Klamath Riverkeeper.

This lawsuit was just one of a series of legal actions taken by the Klamath Riverkeeper, Tribal religious leaders, and fishermen over PacifiCorp’s toxic algae. Last year Robert Kennedy Jr. and Joseph Cotchett filed a public nuisance case on behalf of Klamath residents. The case was filed while Klamath River residents were appealing to Warren Buffett at Berkshire Hathaway’s yearly shareholders meeting in Omaha , Nebraska . PacifiCorp is owned by Berkshire Hathaway and Buffett is the president of the company and its major shareholder.

The EPA’s announcement comes at a critical time. PacifiCorp’s dams are in the final steps of a federally mandated relicensing process. In order to get a new dam license from the Federal Energy Regulatory Commission (FERC), PacifiCorp must first get a clean water certification from the states of California and Oregon . The listing of the reservoirs and river as impaired by toxic algae could jeopardize PacifiCorp’s clean water permit applications. The EPA announcement today signals the beginning of a thirty day comment period, however a listing is all but assured by the agency’s decision to reconsider their previous stance.

Last year, releases of toxic algae from the reservoirs into the river turned the river neon green during the peak of the Klamath River fishing season and Native Tribes’ ceremonies. The toxic release lead to over one hundred miles of the Klamath River being posted by state agencies urging the public to avoid contact with the water and was a major blow to the remote Klamath’s rural economy.

“PacifiCorp has become the most destructive power company in the West,” noted Leaf Hillman, vice chairman of the Karuk Tribe and dam removal advocate. “Their dams have brought the third greatest salmon river in America to its knees. Their coal plants are putting over 80 million tons of carbon into our air. Its time we hold Warren Buffett and PacifiCorp accountable for their impacts to our environment and our communities. Buffett fights poverty and disease in the third world while PacifiCorp creates those same conditions right here in America. ”

Klamath Riverkeeper, along with local Tribes, fishermen, and environmental groups, have been pressuring PacifiCorp to surrender the Klamath dams for several years. Their efforts have been bolstered by economic analyses by both FERC and the California Energy Commission which show dam removal to be cheaper for ratepayers than relicensing.

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.

Toxins Found in Klamath Fish
By Lee Juillerat, K-Falls Herald & News
April 11, 2008

Popular fish caught in the Iron Gate and Copco reservoirs and mussels harvested from the Klamath River contain algae toxins at levels high enough to pose a risk to public health, an analysis shows.

The study, commissioned by the Karuk Tribe, indicated the flesh of yellow perch and mussels are contaminated by the toxin microcystin. The study was done as part of the tribe’s efforts to remove dams on the Klamath River and restore salmon runs.

“We will ask the appropriate agencies to post warnings that the public not eat fish from the reservoirs during summer months when blooms are most pervasive,” Karuk Tribe spokesman Craig Tucker said Thursday following the report’s release.

The reservoirs are in Northern California near the Oregon border.

However Toby Freeman of PacifiCorp, a Portland-based power company that owns the Iron Gate and Copco dams, said it’s too early to issue health warnings.

“Certainly we take any matter that involves any health related matters in the Klamath River very seriously,” he said. “We will work with all appropriate state and local agencies to handle this matter as quickly and transparently as possible.”

The report is based on toxicological analyses performed by Jacob Kahn of Aquatic Ecosystems Sciences in Ashland . The tissues samples were gathered by California Department of Fish and Game under contract to the California Water Board with funding from the Environment Protection Agency.

Algae blooms

Kahn’s analysis found that during summer months when the algae blooms persist, the toxin microcystin was present in the yellow perch and freshwater mussels. Toxins also were found in the livers of young salmon in the Iron Gate fish hatchery. Levels exceeded guidelines for human consumption, Kahn said.

The toxins come from blue-green algae know as Microcystis aeruginosa, which commonly blooms in warm, slow-moving water with high levels of phosphorous and nitrogen. The toxin affects the liver.

Fishing the reservoirs for yellow perch is popular while river mussels are an important traditional food for the Karuk and other tribes, Tucker said.

EPA listing

Last summer, the Northcoast Regional Water Quality Control Board posted warnings urging swimmers and boaters to avoid contact with the reservoirs and river all the way to the ocean because of high levels of algal toxin. Earlier this year, the federal EPA moved to list the Klamath River as “impaired” by toxic algae.

The toxin was first discovered in the reservoirs in 2001.

“PacifiCorp’s dams kill our salmon and poison our people,” Karuk vice-chairman Leaf Hillman said in a prepared statement. “We will do everything in our power to remove these dams and fix our river.”

Under review

PacifiCorp is renewing its license to operate the dams. Before the Federal Energy Regulatory Commission can issue a new license, the water boards of California and Oregon must issue clean water permits.

Tucker said the Karuk Tribe hopes the toxicology data will be considered by the states as they review the power company’s application for a clean water permit.

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.

New Hurdle for Klamath Dams
Associated Press
March 21, 2008

GRANTS PASS , ORE. — The U.S. Environmental Protection Agency has listed toxins from blue-green algae as another pollutant of the Klamath River behind the hydroelectric dams that Indian tribes, fishermen and conservation groups want removed to make way for salmon.

The algae toxins in the Iron Gate and Copco reservoirs now must be considered along with other pollutants by the California Water Board as it considers whether to grant the Clean Water Act certification needed by the Portland-based utility PacifiCorp to get a new operating license for four hydroelectric dams on the Klamath.

"Now PacifiCorp will have to clean up the toxic algae in the Klamath River ," said Klamath Riverkeeper Regina Chichizola, whose lawsuit against EPA led to reconsideration of the issue. "The state will have a hard time giving them certification."

The EPA finding did not point to the dams as the source of the algae toxins. That is an issue for later consideration. But it did note that toxins were found at unhealthy levels in the reservoirs behind the dams, and not in the river downstream. Low levels have been found in fish, but not enough to warn people against eating them.

Maintaining that the algae has been found in the river since before the dams, PacifiCorp spokesman Paul Vogel said the utility company did not anticipate the toxins being a significant problem to getting clean water certification.

"We see it as a part of the process, and it is certainly an issue we study," Vogel said. "We are looking at it and take it very seriously."

The California Water Board is waiting for a specific proposal on modifications to the series of dams straddling the Oregon-California border before going ahead with the environmental analysis on certification, said board spokesman Bill Rukeyser.

"The state of California is fairly concerned about the toxins from blue-green algae on the Klamath," Rukeyser said. "Our Northcoast Regional Water Board has had to post the reservoirs and portions of the river for those toxins. That has been a concern of ours for several years."

Alexis Strauss, EPA water division director for the Western states, said she did not think the algae toxins by themselves would prevent clean water certifications, but she noted they come on top of problems with warm water temperatures, low dissolved oxygen, and nutrients from agricultural runoff.

The toxins come from the blue-green algae known as Microcystis aeruginosa. Testing by the Karuk tribe showed levels exceeding World Health Organization guidelines in the Copco Reservoir in 2001. The Copco and Iron Gate reservoirs are regularly posted with health warnings, and last summer warnings were posted far downstream.

Microcystis aeruginosa commonly blooms in warm, slow-moving waters with high levels of phosphorus and nitrogen, nutrients commonly running off agricultural land. The toxin affects the liver and can harm people and animals that swim in or drink tainted waters. The EPA noted there was a report of a dog suffering liver damage after swimming in Copco Reservoir.

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.