Lower Elwha Klallam Tribe’s Motion for Intervention, Consolidation, Etc.


Lower Elwha Klallam Tribe


  View PDF



Comments & FilingsDecommissioning and removalLaws, court cases, and filingsPublished   1/27/1986

Read the 1986 Motion for Intervention of the Lower Elwha Klallam Tribe in the Elwha and Glines Canyon projects.

“Under such circumstances it does not seem prudent for the Tribe to continue a relatively “low profile” with regard to the fate of these dams. It is therefore the position of the Lower Elwha Tribe, after careful consideration, that the costs imposed on the Tribe and the public interest by these dams should not continue, that Elwha River anadromous fisheries should be fully restored, that the other downstream effects must be mitigated, and that the safety of the Elwha Dam should be resolved absolutely beyond question. It is, further, our position that these goals should be accomplished by:

  1. An interim fisheries passage mitigation program, consistent with a comprehensive hatchery-natural management regime, which will begin to build up natural stocks in above-dam habitat.
  2. The phaseout or removal of both Elwha and Glines dams consistent with a fisheries restoration schedule, after completion of engineering studies designed to prevent adverse impacts downstream, and supported by federal planning to replace the power generated from these dams.

The two dams are assumed to be faits accompli, structures which must remain undisturbed because of their age. But the Elwha Tribe was using the river long before these dams were thought of, has paid heavily for their presence over the last 75 years, and is entitled to consideration of a much older status quo guaranteed — but so far not protected — by federal treaty.”

Document available in the FERC elibrary, accession # 198601-0501.

More from our resource librarySee all

Comments & Filings › Decommissioning and removal › Laws, court cases, and filings   5/20/1986

Motion for late intervention of Seattle Audubon Society,et al petition to consolidate proceedings