News Release
| Release Number: | 98-016 |
| Dated: | 3/10/1998 |
| Contact: | Public Affairs Office, 503-808-4510 |
Portland, Ore. -- The U.S. Army Corps of Engineers is postponing its plans to modify Elk Creek Dam in the Rogue River Basin for passive fish passage, according to Corps project manager Doug Clarke. There are not sufficient funds to complete the work. Elk Creek Dam is located 1.7 miles above the confluence of Elk Creek with the Rogue River, and 26.5 miles northeast of Medford, Ore.
"The Corps believes that its proposal to modify the dam is still the most cost-effective and biologically-sound method of providing fish passage with the project in its unfinished state, but we cannot move forward with our plans without the additional funds," Clarke said.
The schedule of future actions for long-term fish passage with Elk Creek unfinished depends on: funds availability; consultation with the National Marine Fisheries Service (NMFS) and the Oregon Department of Fish and Wildlife (ODFW) about operation of the existing trap and haul facility; and potential guidance from Congress.
The Corps' proposal was to remove a section of the dam's spillway and left abutment to provide a corridor for fish passage through the dam. The corridor would allow passive (hands off) fish passage. The Corps currently funds the ODFW to use a trap-and-haul method to get fish above the dam.
"The trap and haul system was not designed for long-term use," Clarke said, "nor was it designed to be used in the relatively uncontrolled flow and debris loading that occur with the unfinished project." Adult fish are able to pass over the barrier weir at high flows and the weir has been knocked out of operation by debris a number of times, trapping the fish between the dam and weir. The facility must be replaced or significantly upgraded to work successfully over the long-term. The Corps' analysis showed that this is more expensive than removing a section of the dam to provide passive fish passage.
The ODFW, NMFS and U.S. Fish and Wildlife Service (USFW) reviewed the Corps' proposed modification to the dam and also determined this method to be the most effective fish passage solution.
Until notified that sufficient funds would not be available, the Corps planned to award a contract for the work by mid-March. A diverse team of Corps, NMFS and USFW employees, including engineers, biologists and construction managers, had reviewed potential contractors' technical and cost proposals for design and construction of the fish passage corridor through the project.
In January 1998, the Corps completed an environmental assessment and took public comments before releasing a Finding of No Significant Impact (FONSI). The FONSI stated that the proposed modification would not have a significant negative impact on the environment. Under the National Environmental Policy Act (NEPA), an Environmental Impact Statement is required only for projects that would have a significant impact on the environment.
The Elk Creek project was authorized as one of three multiple purpose projects designed to operate as a system to reduce flooding in the Rogue River Basin and to accomplish additional purposes such as irrigation, recreation, fish and wildlife enhancement and water quality control. The other two dams are complete and operational. Lost Creek Dam was completed in 1977 and Applegate Dam in 1980.
Construction activities for the Elk Creek project began in 1971. Project lands were acquired, and residents, plus some roads and utilities, relocated. Legal actions ensued, which delayed construction.
Elk Creek Dam construction was stopped in 1988 at a height of 83 feet, one-third its design height. In April 1995, the United States Court of Appeals for the Ninth Circuit Court required, among other things, a comprehensive review of a wide range of issues under the NEPA before construction could continue.
Due to the cost and time required to respond to the Ninth Circuit Court opinion without any certainty of success, and the current restrictive federal budgetary climate, the Corps decided not to perform the NEPA studies necessary to remove the injunction against completion of the project.
On Nov. 6, 1995, the Corps notified the Congressional Appropriations Committees of its intention to evaluate options for long-term management of the project in its unfinished state. In the Energy and Water Development Appropriations Act of fiscal year 1997, Congress made funds available for long-term management of the dam in an unfinished state and directed the Corps to take necessary steps to provide passive fish passage through the project.