Treaty review could be massive water grab

Time could be running out for North Idaho and Inland Northwest residents whose lives and livelihoods involve Lake Pend Oreille. The U.S. Army Corps of Engineers and the Bonneville Power Administration have designs on the lake's waters and water levels and they've been very quiet about why.

The Lake Pend Oreille Alliance (savependoreille.org) was formed to monitor and shed light on what these government entities are up to. Here are the facts:

For all intents and purposes, Sept. 16 is D-Day for preserving our Idaho water rights. That's the deadline when the U.S. State Department, acting almost solely on the input and advice of the COE/BPA and their lobbyists, will determine whether to change the Columbia River Treaty with Canada involving all the water that flows from and into the Columbia River Basin.

Currently, the citizens of Idaho possess certain water rights that have been protected for decades by a number of state and federal laws, especially Senate Document No. 9. These laws are specific in how they protect Lake Pend Oreille, as well as the scenic beauty, recreational opportunities, navigation, and economic vitality of the surrounding communities.

But Idaho's control of the lake, and more specifically, the lake levels, could soon shift to the COE and BPA. What do they want? Their ultimate goal is to implement future late or mid-summer drawdowns to push more water through the Albeni Falls Dam (operated by the COE), generating more electricity the BPA can sell to public and private utilities.

The official reason given for this lake level tampering is to improve downstream water temperature for the Kalispel Tribe to introduce bull trout and other aquatic species in the Pend Oreille River. A $40 million Memorandum Of Agreement (MOA) with the Kalispel Tribe has been quietly signed and sealed without input from citizens, property owners, lake users, or municipalities above the dam. "Done deal," they say. Our input wasn't needed.

However, unless North Idahoans, lake users, property owners and other affected stakeholders make some serious noise, the Sept. 24 deadline could result in the creation of an international law that could reduce or eliminate our State's rights and local control of Lake Pend Oreille. To think Coeur d'Alene and Priest lakes would not be affected by the same law is simply short sighted. The negative economic impact to lake users, property owners and businesses could be in the billions of dollars.

This COE/BPA water grab has been years in the making, conducted very quietly by the very government agencies that were originally charged with protecting and preserving our beautiful lakes, our Idaho water rights, and the North Idaho economy.

The 400-member Lake Pend Oreille Alliance feels there is still a chance for the public's voice to be heard prior to the Sept. 24 CRTR deadline. We are encouraging North Idaho and Pacific Northwest residents to become educated as to what's happening, learn the laws we have in place and write a letter to the COE/BPA demanding the following:

1. That the Army Corps of Engineers (COE) and Bonneville Power Administration (BPA ) develop and approve a modeling plan that is consistent with the intent, principle and substance of Senate Document No. 9, Idaho State property rights, and is approved by the Lakes Commission.

2. Challenge and invalidate the Memorandum Of Agreement (MOA) between the COE, BPA and Kalispel Tribe and create a new MOA document that includes Lake Pend Oreille stakeholders. Additionally, include those stakeholders in all future meetings and decisions.

3. Demand that the COE, BPA and U.S. State Department add a simple statement to the Columbia River Treaty Renegotiation that states:

"Nothing herein contained is intended to or shall be interpreted to alter, modify, change or effect any purpose or water rights on any dam in Idaho, and that the Columbia River Treaty Review (CRTR) does not have supremacy over state and federal laws as it relates to pre-existing laws and water rights."

An online copy of the petition can be viewed and signed by visiting the Lake Pend Oreille Alliance website atsavependoreille.org.

If we lose our Idaho water rights, we lose them forever. Time is running out to prevent this government water grab of epic proportions.

This column was provided by the Lake Pend Oreille Alliance Board of Directors: Tom Trulock, Nancy Hadley, Jeff Bond, Jim Lovell, Eric Eldenburg, Ralph Sletager, Dennis Hall, Howard Simmons, Rochelle Ruen, James MacDonald, Melvin Dick and Kevin Kluender.