WA and ID sign MOU to monitor effects of proposed summer discharges from Post Falls Dam

Currently, Avista is required by the Federal Energy Regulatory Commission (FERC) to release a minimum flow of 300 cubic feet per second (cfs) from Post Falls Dam during summer drought conditions.

Avista is close to receiving a new, 50 year license for operating Post Falls Dam that will change this requirement. From June 7th to Labor Day, Avista will maintain a minimum 600 cfs discharge from Post Falls Dam. Under drought conditions, when the Lake Coeur d’Alene falls below 2,127 feet 9 inches, Avista will release and maintain a discharge of 500 cfs.

These new conditions are expected to improve water quality for fish and fish habitat. A five year monitoring plan, however, is also being introduced to address uncertainties as to the relationship between discharges, water temperature, fish and fish habitat. These uncertainties are part of Idaho Department of Environmental Quality’s 401 Water Quality Certification, which is a required part of Avista relicensing Post Falls Dam.

Based on results, IDEQ can either a) mandate that Avista continue to operate the dam with a 500 to 600 cfs summer discharge that changes based on lake elevations, b) mandate that Avista alter operations to meet an outcome data indicates better meets desired water quality, or c) request Avista to extend monitoring for an additional two years to collect more data.

The MOU, see attachment below, provides a mechanism for Washinton Department of Ecology, Washington Department of Fish and Wildlife, Idaho Fish and Game and the Coeur d’Alene Tribe to participate in this monitoring study. They will participate in development and approval of the Monitoring Plan; review and interpretation of results; and discussions of whether IDEQ should mandate Avista maintain or alter discharges at the conculsion of this study.

As stated, “The purpose of this MOU is to provide for coordination and cooperation between the Parties …” However, the MOU “… is not a legally binding agreement and is not legally enforceable.” As a result, the final judgment regarding Post Falls discharges over the remainder of Avista’s proposed 50 year license will be IDEQ’s.