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Spokane, Washington  Est. May 19, 1883

Lance Asks Developer To Drop Plan For River

Associated Press

State Attorney General Alan Lance is calling upon a Utah developer to give up plans for a hydroelectric plant on the Snake River, saying Idaho does not want to lose Auger Falls.

“Another beautiful stretch would be marred by a structure, technically a weir,” the Idaho Republican said Tuesday. “The power isn’t needed in Idaho and the profits will not remain in Idaho. No mitigation can be offered to compensate for the loss of that beauty.”

Cogeneration Inc. of Salt Lake City, has indicated to the Federal Energy Regulatory Commission it will begin condemnation proceedings against the state by Jan. 13.

“We acknowledge Cogeneration has the power to attempt to pursue a condemnation action. Just because they have power doesn’t mean they have the right,” said Lance, adding he is prepared to defend the state in court.

Cogeneration wants to build a low dam about three miles downstream from the Perrine Bridge at Twin Falls. The water would be funneled down a canal to the turbines and return to the river.

Last winter, the state Land Board unanimously voted against its petition to build on the bedrock of the river, technically state property.

Conservationists say Auger Falls is one of the last rapids on the Middle Snake supplying oxygen to fish, as well as becoming popular among whitewater boaters.

Cogeneration President Steve Harmsen replied the board is usurping FERC’s authority and urged the federal agency to join his court fight against the state.

U.S. District Judge William Dwyer has given the state a schedule to develop a detailed plan for protecting water quality under the federal Clean Water Act.

Lance said he is angry about the “schizophrenic nature” of the federal government which, on one hand, orders the state to clean up its waterways but may then sanction a dam which could create even more slackwater and algae growth.

“I agree with the analysis by the attorney general,” said Gov. Phil Batt. “We’re behind this 100 percent.”

“It would be a crime to do this. The Snake is a working river, but this must not be approved,” said state Controller J.D. Williams, a Land Board member with Lance and Batt. “The only ones in favor are the bureaucrats at FERC and the developers.”