Friends of Bear River Collection,

Transcription

1 Overview of the Collection Creator Friends of Bear River Title Friends of Bear River Collection Dates (inclusive) Quantity 17 boxes, (7 linear feet) Collection Number USU_COLL MSS 332 Summary This collection contains the papers of Friends of Bear River and the reports and legal materials they used to present their case against a proposed dam on the Bear River. Repository Utah State University, Merrill-Cazier Library, Special Collections and Archives Division Special Collections and Archives Merrill-Cazier Library Utah State University Logan, UT Telephone: Fax: scweb@usu.edu Access Restrictions No restrictions on use, except: not available through interlibrary loan. Languages English Historical Note n 1989, Birch Creek Power Company owned by Idaho Falls, Idaho engineer Ted Sorenson and Preston, Idaho contractor Robert Fackrell, (S & F Company), proposed to build a dam at the mouth of the Oneida Narrows and subsequently submitted an application to operate a hydroelectric facility to the Federal Energy Regulatory Committee (FERC). The Birch Creek Power Company stated that the benefits of the project would control flooding, generate electricity and store water for downstream use. The project would also offer at least three permanent, full-time positions and thousands of dollars would flow into the community during the 12 to 18 month construction time period. Birch Creek Power Company estimated that the proposed dam would be approximately 100 foot high and would create a reservoir covering 360 acres (117 of those acres were owned by the Bureau of Land Management while the rest were privately owned), and would approximately cost $112 million to construct. The Preston City Council offered support for the project because of the potential economic benefits it would offer the community. Area residents, however, were more concerned with how the proposed dam and reservoir would impact recreation and wildlife habitat, and in May of 1990, two hundred residents signed a petition opposing the project. In March of 1990, a group of individuals met at a Bureau of Land Management Scoping Hearing and decided to form a group in order to be able to present officially questions at the water rights hearings held by the Idaho Department of Water Resources. This group, the Friends of Bear River (FOBR), collectively represented groups such as The Region Five Wildlife Council, the Bridgerland Audubon Society, Idaho Rivers United, the Idaho Environmental Council, the Eastern Idaho Sierra Club, the Portneuf Valley Audubon Society, the Franklin County Fish and Game 1

2 Club, and the Utah State University Canoe and Kayak Club. Two key figures in the Friends of Bear River when Currie Lockett who resided in Logan, Utah at the time and Vicki Smith, who resided on a farm near the proposed site. On September 28, 1990, Keith Higginson director of the Idaho Department of Water Resources denied Birch Creek Power Company's water right application for the proposed dam due to the overwhelming public opposition, the quantity of water that would be reduced, and the fact that S & F Company lacked sufficient financial resources. In October 1990, S & F Company filed a request for a rehearing for their project but on November 21, 1990, the Idaho Department of Water Resources denied the petition for rehearing due to S & F Company's inability to provide new information and to prove that a new hearing would somehow benefit the public. S & F Company had the option of requesting the district court review Keith Higginson's decision but declined. However, their application to operate a hydroelectric facility was still pending with FERC and based on a 1990 U. S. Supreme Court ruling, the federal government, not the state, has final authority to set stream flows at federally licensed dam. FERC thus had the final decision as to whether or not Birch Power Company would be allowed to construct their proposed dam. FERC scheduled two Scoping Meetings, one in Preston, Idaho and the other in Pocatello, Idaho for September 30, 1992 in order to gather public opinion on the project as well as to assess the environmental impacts. On January 20, 1993, it was announced that S & F had withdrawn their application with FERC due to mounting costs. Despite the withdrawl of the application,opponents of the dam continued their efforts. Currie Lockett of Friends of Bear River requested that the state of Idaho study the Bear River in order to designate it as a wild and scenic river in order to protect the area from other future developers. This status, however, was not granted and in 2006 the Twin Lakes Canal Company filed a notice of intent to file a license application with FERC to build a new hydropower facility. Content Description This collection contains the papers of Friends of Bear River and the reports and legal materials they used to present their case against a proposed dam on the Bear River. The collection includes Friends of Bear River correspondence as well as photocopies of correspondence between FERC and Birch Creek Power Company obtained by Friends of Bear River, various legal motions, newspaper articles, newsletters, opposition letters, and the Scoping Documents issued by FERC that outlined the environmental impacts of the proposed dam. In many instances, photocopies were made by Friends of Bear River in order to disperse their materials to multiple people. Items are arranged chronologically when dates are specified. Some portions of the collection have been maintained in their original order, such as letters of opposition 6 folders Use of the Collection Restrictions on Use It is the responsibility of the researcher to obtain any necessary copyright clearances. Permission to publish material from the Friends of Bear River Collection must be obtained from the Special Collections Manuscript Curator and/or the Special Collections Department Head. Preferred Citation 2

3 Initial Citation: Friends of Bear River Collection USU_COLL MSS 332, [ ]. Special Collections and Archives. Utah State University Merrill-Cazier Library. Logan, Utah. Following Citations:USU_COLL MSS 332, USUSCA. Administrative Information Arrangement Arranged chronologically when dates are specified. Processing Note Processed in October of 2007 Acquisition Information The materials in this collection consisted of four boxes that were donated to USU Special Collection by Dan Miller on April 4, Bibliography Sources: Herald Journal February 25, 1990 Herald Journal, May 23, 1990 Herald Journal, May 24, 1990 Herald Journal, September 30, 1990 Herald Journal, November 21, 1990 Herald Journal, April 25, 1991 Preston Citizen, January 20, bear_river.aspx?page=oneida_narrows Detailed Description of the Collection Organization materials, (23 folders) 1 1 Friends of Bear River background information 1 2 Friends of Bear River attorney search 1990 August Friends of Bear River sign-up sheet to help 1 4 Questionnaire 3

4 1 5 Notes to Friends of Bear River supporters 1 6 Sign-up sheet for site visit 1992 September List of organizations 1990 October Active List and organization list 1 9 Mailing addresses 1 10 Mailing addresses continued 1 11 Co-Interveners and Co-Signers addresses 1 12 Addresses of recipients Section Political Addresses 1 14 Idaho Fish & Game Commissioners addresses 1 15 Idaho Water Resources Board addresses 1 16 Correspondence from State of Idaho Department of Water Resources 1990 July 24 to 1990 September Correspondence from Congressman Richard Stallings 1990 October 29 and 1990 November Incoming correspondence 1990 July 19 to 1993 May Outgoing correspondence 1990 January 20 to 1990 September Outgoing correspondence 1991 January 21 to 1996 July Pending letters 4

5 1 22 Pending letters (continued) 1 23 Friends of Bear River miscellaneous notes Birch Creek Power Company business papers and correspondence, (14 folders) 2 1 Construction Cost Estimate 2 2 Average Cost Rates 2 3 Sorensen Engineering license application list of deficiencies from FERC 2 4 Schedule A from FERC to Sorensen Engineering requesting additional information 2 5 Schedule A from FERC to Sorensen Engineering requesting additional information 1989 March December August Sorensen Engineering Appendix A: Consultations 1990 August 20, 1990 to 1990 October Photocopies of correspondence between Sorensen Engineering and FERC 2 8 Photocopies of correspondence between Sorensen Engineering and FERC 2 9 Photocopies of correspondence between Sorensen Engineering and FERC 2 10 Photocopies of letters from U.S. Department of Interior to Sorensen Engineering 1986 February 6 to 1989 December March 6 to 1990 December January 29 to 1991 May January 3 and 1991 January

6 2 11 Photocopy of letter from Sorenson Engineering to Idaho Department of Fish and Game regarding agreement to provide mitigation for exceptional benefits exemption 2 12 Photocopies of correspondence between FERC and Fackrell Construction 2 13 Photocopy of letter from State of Utah Department of Natural Resources Division of Water Resources to Sorensen Engineering 2 14 Miscellaneous photocopies of Sorensen Engineering outgoing letters 1990 September July 10 to 1992 October March May 3 to 1990 December 13 Federal Energy Regulatory Commission (FERC) information, (8 folders) 3 1 Photocopies of correspondence from U. S. Department of Interior to FERC 1985 December 23 to 1990 June Memo to FERC from Geoffrey Hogander, wildlife biologist 1989 January Letter from FERC to Governor Cecil Andrus 1990 January 3 4 Photocopies of correspondence from Pacific Water and Power, Inc to FERC 3 5 Miscellaneous photocopies of correspondence from various agencies to FERC 1989 September 30 to 1991 March October 29 to 1992 October FERC Document Tracking List 3 7 Active FERC projects in Idaho 1992 March 4 6

7 3 8 FERC outgoing correspondence 1992 August to October Other opposition groups, 1996 (17 folders) arranged alphabetically 4 1 American Rivers 4 2 Audubon Society 4 3 Friends of Fall River correspondence 4 4 Idaho Rivers United 4 5 Idaho Rivers United (continued) 4 6 Land and Water Fund 4 7 Oneida 5 Dead or Alive poster 4 8 People for Wise Water Planning 4 9 River Network 4 10 Save Our Streams Volunteer Water Monitoring Survey 4 11 Sierra Club 4 12 The Snake River Alliance 4 13 Trout Unlimited 4 14 Opposition flyers and brochures 4 15 Signed petitions 7

8 4 16 Friends of Bear River Response to Pacificorp First Stage Consultation for Oneida Hydroelectric Project Relicensing 4 17 Opposition group comments on First Stage Consultation Documents for the Soda, Grace/Cove, and Oneida hydroelectric projects 1996 July 11 Opposition letters, 1992 (10 folders) 5 1 Photocopies of letters of opposition sent to FERC 1990 September 22 to 1992 October Photocopies of letters of opposition sent to FERC 1992 October 27 to 1992 November Record of Public Issues Record of Public Issues Record of Public Issues Record of Public Issues Record of Public Issues Record of Public Issues Record of Public Issues Additional public issues Photocopies of letters of opposition, (24 folders) 8

9 6 1 Newspaper Letters to the Editor 6 2 Letters pointing out beauty created by God 6 3 Letters pointing out dam effects at Mink Creek. Includes four colored photographs of Mink Creek 6 4 Letters regarding dam safety 6 5 Letters of opposition regarding areas of critical environmental concerns 6 6 Letters of opposition concerning fish and game 6 7 Letters concerned about fossil beds 6 8 Letters of opposition to preserve history 6 9 Letters of opposition from hunters 6 10 Letters concerned about possible law suits 6 11 Letters of opposition in regards to money for a few 6 12 Letters concerned with nitrification 6 13 Letters regarding public access 6 14 Letters concerned about the impact for recreational use 6 15 Letters regarding road access 6 16 Letters concerned about the impact on rock squirrels 6 17 Letters from residents of Utah 6 18 Letters of opposition concerning wetlands below project 6 19 Letters of opposition stating the project is not worth it 9

10 6 20 Miscellaneous opposition letters 1990 May 5 to 1990 June Miscellaneous opposition letters 1990 June 17 to 1990 August U. S. Department of the Interior Visitor's Rosters from Preston, Idaho and Pocatello, Idaho 6 23 Letter from Idaho Governor Cecil Andrus to Senate and House Energy Committee Chairmen 1990 May September Unsigned letter to Congressmen Richard H. Stallings 1992 September 30 Information in support of the project, (4 folders) 7 1 School Finance 7 2 Western Area Power Administration mailing 7 3 Letters expressing support 1988 August 5 to 1990 August Letters expressing support 1992 October 27 Newspaper articles, (12 folders) 8 1 Newspaper articles 1987 July 17 to 1990 May

11 8 2 Newspaper articles 1990 June 5 to 1990 December Newspaper articles 1991 January 17 to 1991 October Newspaper articles 1992 April 1 to 1992 November Newspaper articles 1993 January 10 to 1993 November Newspaper articles 1994 June 16 to 1994 August newspaper articles 8 8 News release by Idaho Department of Water Resources announcing public hearing on Oneida Narrows Water Right 8 9 Newspaper articles on contractor and engineer competency 8 10 Newspaper articles on contractor and engineer competency 8 11 Photocopies of newspaper articles regarding engineering issues on other dams 8 12 Photocopies of newspaper articles on Utah water usage from Salt Lake Tribune 1990 July October 10 to 1992 June July 12 to September June 25 to 1992 September 21 Newsletters, book excerpts and magazine articles, (19 folders) 11

12 9 1 The Murrelet, Vol. 69, No Summer 9 2 High Country News, Vol. 23, No August Southern Utah Wilderness Alliance Vol. VIII, No Fall 9 4 Little Bear NewsletterNo. 2; No September; 1992 February; 1993 July 9 5 WALU Sentinel newsletter Vol. 3, No March 9 6 Recycling Times newsletter, Vol. 3, No Spring 9 7 High Country News article, The Electric Revolution pages 6-14, 23, Utility Environment Report article titled, U.S. Generating: Early Environmental Analysis is Key to Power Contracts 9 9 Northwest Power Planning Council newsletters Vol. 9, No. 12 and Vol. 10, No Utah Watershed Review Focus: The Bear River, Vol. 1, No June October December and 1993 January 1993 May-June 9 11 COOP America Quarterly magazine 1993 Spring 9 12 Northwest Energy News newsletter by Northwest Power Planning Council, Vol. 12 No September- October 9 13 Basin, Range and Rimrock newsletter 1993 Fall 9 14 The Volunteer Monitor Vol. 6, No Spring 9 15 Article by Warren Cornwall titled, Idaho Rivers vs. Idaho Dams Accompanying letter states that it was to be printed in High Country News later that winter July 12

13 9 16 Photocopied pages from Environmental Economics, by Joseph Seneca and Michael K. Taussig, 3rd Ed. Pages , Photocopied pages from Natural Resource Damages: Law and Economics by Kevin Ward and John Duffield. Pages Article titled, The Water Profiteers, by Peter Steinhart 9 19 Article titled, It s Wake-up Time for Main Street when Wal- Mart Comes to Town, by Donald Dale Jackson Reports collected by FOBR, (22 folders) arranged chronologically 10 1 Idaho Geological Survey report 1984 July 10 2 Idaho Geological Survey report 1984 November 10 3 U. S. Department of Interior Report on Owyhee River management plan Idaho State Water Plan report by Water Resources Board 1989 December Northwest Power Planning Council (NWPPC) Protected Areas report 1987 October Supporting Design report for Sorensen Engineering 1988 November 10 7 White Horse Associates investigation on vegetation and soil in Oneida Narrows 1989 January 10 8 FERC licensing status report of Idaho hydropower projects 1989 March

14 10 9 Preliminary and Supplementary Geological report for Sorensen Engineering Division of Water Resources memo on seismotectonic setting Northwest Power Planning Council (NWPPC) report titled, New Resources: Supply Curves and Environmental Effects Idaho State University statement regarding geologic hazards Report and corresponding letter from Idaho Department of Water Resources on proposed project Northwest Power Planning Council (NWPPC) list of project-related changes, report Bear River Pre-Design Study by Division of Water Resources 1989 June 1990 February February August August August October Integrated Resource Plan 1990 and Report and order on standards and guidelines for Integrated Resource Plan Idaho Water Resources Board s Comprehensive State Water Plan Franklin Soil and Water Conservation District Annual Report U.S. Department of Interior mailing list of structural projects in Idaho Water Quality Status Report on Bear River by Idaho Department of Health and Welfare 1992 June Partial report by geologist Robert Bright Environmental and wildlife impacts, (17 folders) 14

15 11 1 New access road proposed by Fackrell and its impacts 11 2 Access to Bear River 11 3 Counts and activities in Bear River Canyon 1990 Summer 11 4 Traffic counts that includes colored photos 11 5 FERC Environmental Impact Statement 1992 February 11 6 Economic feasibility 11 7 Idaho Fish and Game Concerns on Bear River Narrows Project 11 8 Impact on Canadian geese and marshes 11 9 Geological Impacts Raptor impacts that includes photos of perched eagles Colored photos of soil sloughing off of river liner Water conservancy district brochures Cumulative Impacts FOBR outline of consequences of denial FOBR Alternative Proposal FOBR No Action Alternative Proposed Research Natural Areas 1985 August 16 Motions and petitions, (32 folders) arranged chronologically 15

16 12 1 Administrative Procedure FERC Formal Requirements for Filings in Proceedings Before the Commission 12 3 Idaho Supreme Court Case Edward C Shokal, Cole M. Reed and State of Idaho, Department of Fish and Game Billie Reed vs. A. Kenneth Dunn, Director, Department of Water Resources and Trout Co FERC Notice of Intent Of Utah Board of Water Resources to file Competing Preliminary Permit Application filed by Birch Power Company, Inc Utah Board of Water Resources Notice of Withdrawl of Its Notice of Intent 12 6 FERC Order Issuing Preliminary Permit issued to Birch Power Company, Inc September December January January Notice of Changes to Bear River FERC Application 1989 January 12 8 Application for License For Major Unconstructed Project prepared by Sorensen Engineering, P.A. to FERC 12 9 Information meeting minutes held in Preston, Idaho, March 20, 1989 and attached resolution Notice of Application Filed with the Commission by Birch Power Company, Inc. for application for major license filed on January13, Motion to Intervene and Petition to Deny Application For A Major License submitted to FERC by The State of Idaho in regards to a major license application filed by Birch Power Company FERC Notice Granting Late Intervention to Idaho Department of Fish and Game to intervene in Birch Power Company, Inc. s application January May August October December

17 12 13 Amended Motion to Intervene submitted to FERC by The State of Idaho on a motion that was filed on October 30, 1989 by Birch Power Co Resolution on the matter of the effect the Bear River Narrows Hydro electric project on the Oneida Narrows reservoir site identified as a protected reservoir site in the state water plan. Passed and approved Motion to Intervene and Petition to Deny Application submitted to FERC by The State of Idaho for a permit application filed by Hydro-Power of Nevada Department of Water Resources of the State of Idaho Notice of Hearing in the matter of an application by S & F Power Company to appropriate the public waters of the State of Idaho Petition filed by FOBR for Leave to Intervene Before the Idaho Department of Water Resources Denied order to petition filed by Currie Locket to intervene as a full party Petition filed by FOBR for Rehearing Application to Appropriate Water Petition filed by FOBR to Deny Application to Appropriate Water FOBR Petition to Deny Application to Appropriate Water Before the Idaho Department of Water Resources Regarding Bear River Narrows Project No January February March April July August August August August FOBR Submission of Evidence and Arguments 1990 August Friends of Bear River Petition to Withdraw Exemption to the Northwest Power Planning Council. (two copies) Petition for Rehearing filed by S & F Power Co. to appropriate water of the Bear River for power purposes 1990 September October

18 12 25 Notice Granting Late Intervention filed by FOBR to FERC to intervene in the Birch Power Co. license application that was filed on January 17, Moratorium Order In the Matter of Applications and Permits for the Diversion and Use Water Within the Salmon and Clearwater River Basins, Idaho by The State of Idaho Before the Department of Water Resources Moratorium Order In the Matter of Applications For Permit For Diversion and Use of Ground Water Within the Bear River Drainage and Great Basin Tributaries by The State of Idaho Before the Department of Water Resources Moratorium Order In the Matter of Application for Permits for Diversion and Use of Surface and Ground Water Within the Snake River Basin Upstream from the USGS Gauge on the Snake River near Weiser by The State of Idaho Before the Department of Water Resources Motion to Intervene filed by American Whitewater Affiliation and American Rivers, Inc. with FERC against Utah Power and Light Company in regards to the Cutler project Notice of application for license for the construction of the Bear River Narrows hydropower project Petition filed by Friends of Bear River to Continue Agency and Public Scoping Hearings and To Extend Filing Deadline Also includes a handwritten message from Currie Lockett to FOBR attorney Brad Wright on content of petition Final order from Idaho Water Resources Board in the matter of a permit to establish a minimum lake level on Bear Lake Notice is dated June 21, May May May August September. 9 September 23, November 15 Legal cases, (11 folders) arranged chronologically 18

19 13 1 Idaho Water Law Handbook 1983 October 13 2 Supreme Court of Idaho Kootenai Environ. Alliance v. Panhandle Yacht v. State Board of Land Commissioners and Dept. of Lands, Cross-Respondents 1983 November Protected Areas Rule adopted 1988 August U. S. Supreme Court case California v Federal Energy Regulatory Commission Et. Al. decision 13 5 District Court of the Fourth Judicial District Earl M. Hardy v. R. Keith Higginson, Director, Idaho Department of Water Resources 13 6 H. R. 649 to amend the Federal Power Act in the 102D Congress 1st Session 1990 May July Idaho Docket 1992 December 13 8 Idaho Boating Laws and Rules updated 1993 July Article from Idaho Law Review titled The Role of States and Federal Agencies in Conditioning FERC Licenses, by Scott W. Reed Idaho State Water Laws , and A General Information for Nominating a River for Wild and Scenic Status Binder copy of documents sent to FERC, 1990 (22 folders) 14 1 Binder submitted to FERC to intervene in opposition to the application for a major license submitted by Birch Power Co December

20 14 2 Motion to Intervene in opposition to the Application for a major license filed by FOBR 14 3 Appendices to motion to intervene in opposition Exhibits A-1 & A-2 (match with 12) 1990 December Appendix B: Recreation 14 5 Additional information on Recreation 14 6 Appendix C: Fishery Loss 14 7 Appendix D: Wildlife and Habitat Loss 14 8 Additional information on fish and wildlife 14 9 Appendix E: Environment and Water Quality Additional information on water quality. Conference brochure 1990 September Appendix F: Geology and Dam Safety Appendix G: Other Consequences Additional information on other consequences Appendix H: Flow and Reservoir Level Additional information on flow and reservoir level Appendix I: Economic Feasibility Additional information on economic feasibility Appendix J: Power Not Needed Additional information on power not needed Appendix K: Conflicts with Agency Plans Appendix L: Public Opposition 20

21 14 22 Additional information on public opposition Scoping Meeting and Scoping Documents, 1992 (13 folders) 15 1 FERC Scoping Document 1 for Bear River Narrows Project 15 2 Memo announcing scoping meetings and objectives from FERC 15 3 FERC Public Scoping Meeting stenographers report, Preston, Idaho 15 4 FERC Public Scoping Meeting stenographers report, Pocatello, Idaho 1992 September September September September Scoping meeting attendees 1992 September Idaho Department of Fish and Game scoping comments 1992 October Birch Power Company scoping comments 1992 October Bureau of Land Management (BLM) formal review comments on Scoping Document October EPA comments on scoping documents 1992 October Idaho Department of Parks and Recreation scoping comments Supplement to oral comments at public scoping hearing from FERC to FOBR Department of Fisheries and Wildlife recommendations to Scoping Document October October November

22 15 13 FERC Scoping Document December 4 Maps, 1990 (8 folders) 16 1 Hand-drawn maps that includes seven colored photographs of area 16 2 Oneida Project Maps 16 3 Division of Water Resources Mapping Update 1990 March Maps of Utah, Idaho, and Wyoming 16 5 Maps of Utah, Idaho, and Wyoming (continued) 16 6 Bear River Narrows Hydroelectric Project Map 16 7 Bear River Project Reservoir Map compared to Glendale Reservoir Map 16 8 Aerial photo showing property lines around Bear River Miscellaneous, (9 folders) 17 1 Western Governors Association Conference 1991 October Rocky Mountain Environmental Directory response form National Water Policy Roundtable Conference

23 17 4 Western Systems Coordinating Council as suggested reading 1992 April 17 5 Western Water Conference Agenda 1994 August Black and white photocopies of photographs of Oneida Reservoir and Borrow Pit area 17 7 Five colored photographs of unspecified area showing gravel road and four colored photographs showing patterns in the dirt. Also includes three colored photographs of unknown individuals and a colored photograph of cucumber plants. Includes negatives Excerpts from a Task Force meeting minutes 17 9 Whitewater safety guidelines from American Red Cross Names and Subjects Subject Terms : Dams--Bear River (Utah-Idaho) Corporate Names : Birch Creek Power Company (Idaho Falls, Idaho) Friends of Bear River. Idaho. Dept. of Water Resources Geographical Names : Bear River (Utah-Idaho) Bear River (Utah-Idaho)--Power utilization. Finding aid/register created by Sara Skindelien