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Spokane, Washington  Est. May 19, 1883

Gop Leaders Defend Opposition To Drawdown Letter Advises Clearwater County In Wake Of Failed Suit To Halt Dworshak Lowering

Associated Press

Gov. Phil Batt and Attorney General Alan Lance are defending their involvement in the campaign against drawing down Dworshak Reservoir this summer for salmon.

“We recognize that reasonable persons can differ over what constitutes an effective solution, but we believe such differences should not be allowed to inhibit our search for such an answer,” they said in a letter to Orofino Chamber of Commerce director James Grunke.

The chamber and Clearwater County opposed the drawdown to free up water for migrating salmon, saying local merchants lose millions of dollars when boaters cannot reach the lowered reservoir.

“As representatives of all the citizens of Idaho, we must assure that the actions we take are both good policy and sound law,” the two Republicans said.

“Nothing places greater limits on our ability to gain meaningful concessions from the federal government than unsuccessful court actions.”

Three months ago, Batt said he had not ruled out filing suit against the federal government.

U.S. District Court Judge Edward Lodge subsequently turned down the chamber’s bid to halt the drawdown.

When Grunke approached Batt and Lance for advice, they expressed concern that basing the chamber’s suit on the U.S. Army Corps of Engineers’ lack of authority to release water lacked legal merit.

“Judge Lodge’s recent decision reached the same conclusion on these points. Given Judge Lodge’s recent decision, we feel the advice we offered was sound.”

As candidates a year ago, Lance said the state eventually should challenge the Corps’ water rights and Batt called on the state to seek a court injunction to keep Dworshak full.

Both men pointed out the state did reject the National Marine Fisheries Service request for a waiver from the state’s dissolved gas standard below the dam, and that kept the flows below 14,000 cubic feet per second this summer. Dissolved gas can kill fish.

They said they are pursuing an “integrated rule curve” at Dworshak through the Northwest Power Planning Council, as Montana has done for its reservoirs. It would establish water levels based on the uses of the reservoir, such as recreation.

They recently endorsed U.S. Sen. Larry Craig’s bid to limit the ability of federal agencies to control reservoir levels.

Batt and Lance said Montana’s concessions from the federal government for Hungry Horse and Libby reservoirs were achieved through the political process not a lawsuit.

They said the Orofino chamber is looking at filing suit based on the idea the Corps must have a state water right to operate Dworshak.

“We can offer a number of suggestions as you consider the water right lawsuit you describe,” Batt and Lance said, citing nine legal cases.