Colville tribes, utility settle fight over dam

By SHANNON DININNY
The Associated Press

E-mail this article Print this article Search archive Most read articles Most e-mailed articles

YAKIMA — The Douglas County Public Utility District and the Confederated Tribes of the Colville Indian Reservation announced an agreement yesterday in a nearly two-year dispute involving payment for use of tribal land near Wells Dam.

The PUD holds the license for the 840-megawatt dam, which was built in 1967 on the upper Columbia River. The license requires that the utility make annual payments to the Colvilles for use of tribal lands.

The two sides have differed over how much compensation has been paid over the years, as well as which land the Colvilles own.

Last year, the tribe sought $950 million from the utility district as compensation for fishing grounds flooded by the dam.

Under the agreement, the utility will pay a lump sum of $13.5 million to the Colvilles within six months after the Federal Energy Regulatory Commission (FERC) approves the settlement. The tribe then will release all past and present claims regarding annual payments against the utility for use of lands within the Wells Dam project.

Since 1994, the Colvilles have received $21 million a year from the Bonneville Power Administration (BPA) for tribal land flooded by Grand Coulee Dam, also on the Columbia River.

"We are fortunate that conditions allowed us to work out a solution with the Colville tribe," Douglas PUD Manager Bill Dobbins said in a news release.

"This settlement fulfills a license requirement that has been outstanding since the Project was originally licensed in 1962."

The Indians have said they have rights to 27 percent of the project's 11,275 acres, while the utility contends it purchased most of the land in question.
 
The two sides also differed over whether the Colvilles or the state owns the riverbed, which accounts for about 11 percent of the land in question. The utility paid the state for use of the riverbed, and that question was not addressed in the agreement, said utility spokeswoman Meaghan Vibbert.

Under the agreement, the tribes will affirm all land rights previously conveyed to the utility district, including the right to impound water over the beds of the Okanogan and Columbia rivers, according to the release.

The tribes also will support the utility's efforts to get a new 50-year license for the dam. The dam is up for relicensing in 2012.

Joe Pakootas, chairman of the Colville Tribal Business Council, said he was pleased. The Colvilles finally will get significant compensation for past damages, he said.

"A lot of our members may not feel complete with it, but at least compensation is started," Pakootas said in a news release. "The settlement is far better than years of litigation."

Pakootas did not return a phone call for additional comment.

The utility plans to sell revenue bonds to finance the obligation. It also plans to transfer about 466 acres of surplus land to the Colvilles within 30 days of FERC approval.

Earlier this year, FERC approved a 50-year habitat conservation plan as part of the relicensing process for Rock Island, Rocky Reach and Wells dams. The agreements were developed by the Chelan County and Douglas County public-utility districts.