Recent Events in Water Law and Policy in the United States Portion of the Columbia Basin The Federal Columbia River Power System: Pacific Salmon and the.

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Recent Events in Water Law and Policy in the United States Portion of the Columbia Basin The Federal Columbia River Power System: Pacific Salmon and the Endangered Species Act Regional Distribution of Power Benefits Canadian Columbia River Forum Cranbrook, British Columbia May 30, 2007 John Shurts Northwest Power and Conservation Council

Waiting for the BiOp

Decisions in 2007 of the U.S. Court of Appeals for the Ninth Circuit Northwest Environmental Defense Center v. Bonneville Power Administration (Jan) (Council’s Program; Fish Passage Center) National Wildlife Federation v. National Marine Fisheries Service (Feb) (affirming lower court decision to throw out the 2004 FCRPS Biological Opinion) Portland General Electric v. Bonneville (May) (voiding Bonneville’s “residential exchange settlement agreements” with Investor Owned Utilities) Golden Northwest v. Bonneville (May) (Bonneville’s rate decisions inconsistent with law on settlement payments and fish and wildlife costs -- $$$$millions

Proposed Action for the 2007? FCRPS Biological Opinion

Proposed Action for the new BiOp Hydro Proposed Action Tributary and Estuary Habitat Proposed Action -- Habitat Benefits Analysis Hatchery Proposed Action Harvest Proposed Action Predator Control Proposed Action Research, Monitoring & Evaluation Performance Standards, Implementation, Coordination, Data Management Biological Analysis

Northwest Power and Conservation Council’s Columbia River Basin Fish and Wildlife Program, including Subbasin Plans for the entire basin

Waiting for the BiOp ESTRAGON [Judge Redden]: It should be here. VLADIMIR [Bob Lohn]: I didn't say for sure it'd come. ESTRAGON: And if it doesn't come? VLADIMIR: We'll come back tomorrow. ESTRAGON: And then the day after tomorrow. VLADIMIR: Possibly. ESTRAGON: And so on. VLADIMIR: The point is— ESTRAGON: Until it comes. VLADIMIR: You're merciless.