Looking to the Future:Salmon Conservation Through Applied
Ethics and Spirituality
By Christina Loraine Mogren
map
Introduction:
Throughout the history of the National Marine Fisheries Service
(NMFS), under the jurisdiction of the National Oceanic and Atmospheric
Administration (NOAA), people have faced restrictions on their
allotment of resource usage. NOAA and NMFS fall under the United
States Department of Commerce (DoC), whose mission is to "promote
job creation and improved living standards for all Americans
by creating an infrastructure that promotes economic growth,
technological competitiveness, and sustainable development."
Their mission appears to conflict with standards set down by
the Endangered Species Act (ESA) of 1973. NMFS supports the
domestic and international conservation and management of living
marine resources. As a government agency they are bound by law
to recognize and uphold the ESA, especially as sustainable harvest
of salmon depends on conservation initiatives. The problems
facing residents of Methow Valley are the result of this conflict
between job promotion and salmon conservation. Here, the ongoing
debate is the legality of diverting water from rivers and streams
historically used by salmon during migrations in order to irrigate
farms and water cattle.
The Methow River is fed annually when warmer temperatures melt
snow packs in the Northern Cascades; this runoff flows into
streams and tributaries, eventually flowing into the larger
rivers. The Columbia River, flowing into the Pacific Ocean,
is the final destination (see map on page 2). However, towards
the end of the summer months, snowmelt runoff reaches its lowest
point of the year and water in tributaries drops significantly.
This puts strain on farmers needing water as well as fish making
the fall migration upstream to spawn. Water flow levels are
thus directly dependent on annual amounts of precipitation.
Coupled with already compromised salmon populations, lower flow
in streams contributes to salmon declines. As such, Upper Columbia
steelhead trout were listed as endangered under the ESA by NMFS
in 1997, followed by Upper Columbia chinook salmon in 1999.
Obligated to act under the ESA, NMFS proposed a restriction
stating that once streamflow reached a 35 cubic feet per second
(cfs) threshold all water diversions must be stopped.
Twenty different ditches were dug in Methow Valley between 1900
and 1910, most of which are still in use today by irrigators.
None of these ditches were built with any public assistance
with the exception of the Methow Valley Irrigation District
(MVID), aside from the land acquired under the Homestead Act
of 1862. This Act allowed settlers in Methow Valley to claim
up to 160 acres if they proved they had lived on the land for
five years, made improvements to the land, and paid the filing
fee. Irrigation of dry fields was one of the allotted land improvement
means. Farmers irrigated essentially unhindered until the late
1990s when chinook and steelhead were listed as endangered.
Complicating the problem is the fact that the Skyline Ditch
Company , a privately owned company supplying irrigators with
water, has its irrigation canals built on federal lands and
flowing through the Okanogan National Forest. Because of this,
irrigation can be federally controlled. Under the ESA, NMFS
has the power to curtail irrigation and use of water in order
to promote salmon conservation. The Methow Valley Irrigation
District (MVID) does not have the same problem with federal
interference in irrigation as their canals are built upon private
lands - NMFS does not have the power to restrict private actions
unless it can be proven that endangered species are subject
to "take," not just being jeopardized .
The shareholders of the Skyline Ditch Company feel entitled
to compensation from the federal government since their water
consumption is being restricted. Citing several federal court
cases, they believe that they are entitled to just compensation
for the water they are denied in late summer. For many, this
denial of water equates to lessened harvests and draws from
individual economic livelihoods. Additionally, Skyline shareholders
feel as though an unfair majority of the conservation burden
is being placed on their shoulders, especially as MVID irrigates
completely on privately owned land. Wildlife and water are both
the property of the state of Washington, and as such the state
is obligated to preserve both. The Legislature declares that
the public and private propagation, production, protection,
and enhancement of fish are in the public interest . Therefore
it makes sense that the responsibility of conservation should
be shared by all residents of Methow Valley as opposed to the
few unfortunate enough to have irrigation canals running over
federal lands. The Skyline shareholders are rightly concerned
about salmon conservation being placed before their economic
livelihoods, especially as this provokes the ethical question
of whether to put animals before people, in light of the ESA.
NMFS has made the effort in the past under the direction of
the current NOAA northwest regional administrator, Bob Lohn,
to reach out to the Methow Valley residents through public hearings
. By education and working directly with the people, NMFS sought
to reach a compromise. However, whether for purposes of local
political agenda or stubbornness on the parts of irrigators,
the turn out to publicly held meetings was poor, indicating
to the agency that the shareholders had no interest in working
with them. Under the ESA, NMFS is not required to engage in
public hearings with the people affected; as written law, the
ESA permits them to act without consultation when immediate
action is needed to conserve species listed as threatened or
endangered. Ethical issues arise here again with how much of
an effort the government should make to engage the locals in
conservation initiatives when they have so stoutly opposed intervention
in the past.
The purpose of this report is to communicate to the people of
the Methow Valley the importance of conservation initiatives
to save chinook and steelhead salmon, while at the same time
taking into consideration the needs of individuals dependent
upon water resources needed by salmon. The goals of this assessment
are: to educate the public through a compilation of all the
information concerning the problem of water use rights for ditch
irrigation in Methow Valley; summarize the different water use
policies pertinent to the water rights in question; deconstruct
the water policies with ethical and spiritual arguments; and
propose reasonable solutions to meet irrigation and conservation
needs.
Historical Background:
Stewardship of land in the Pacific Northwest goes back to the
days preceding the pioneers when Methow tribes of Native Americans
inhabited the land. Their habitation goes back 8-10,000 years,
in which time they lived sustainably with nature. When pioneers
came into the area and started making contact with the Methow,
members of the tribe started to die from a mysterious illness
later attributed to smallpox; one third to one half of the Methow
died as a result of European diseases. When Congress declared
that Indian tribes were no longer regarded as independent nations
in 1871, they were relocated to the Colville Reservation in
eastern Washington; the irony of this relocation is that the
Methow Valley became a designated reservation for four different
tribes. The Methow Valley reservation was short lived, however,
when precious minerals were discovered in the upper valley.
President Grover Cleveland opened the valley up to pioneers
and settlers in 1886.
Although myriad information discredits the "Noble Savage"
idea of people living in perfect harmony with nature, the subsequent
effects pioneers had on the environment, when compared to those
of the Methow Indians, were much greater. With the pioneers
came settlements, farms, towns, and a growing infrastructure
mainly dependent on waterways. The taming of the Columbia River
and its tributaries came in the form of dams to make the turbulent
waters navigable for barges, which spelled disastrous for salmon
needing to travel up- and downstream. Harnessing the power of
the rivers allowed for irrigation of new farmlands as well as
sources of hydroelectric power, a crucial aspect to the Pacific
Northwest's economy. Ironically, descendents of the original
pioneers are now facing the relinquishment of their water rights,
much in the same way the original stewards had their rights
to the land taken away. The salmon swam the waters of the Columbia
River and its tributaries long before the arrival of man, and
once again they are being given the opportunity to reclaim their
habitat by organizations like NMFS who speak for their rights
to exist, whether for intrinsic or economic values.
Unfortunately, salmon recovery is not something that can easily
be enacted. There are a multitude of problems threatening their
rebound, mostly dealing with the genetic integrity of different
populations of chinook salmon and steelhead trout. Initially
they were overharvested by settlers and burgeoning canning industries
along the rivers. Fishing methods employed were not economically
viable, and as such fish populations experienced crashes that
then led to the closure of the canning industry. The building
of dams to make the rivers navigable created new barriers for
fish needing to move upstream to spawn, as well as for fry (juvenile
salmon) needing to migrate downstream to the oceans. In addition,
they altered habitat, in some places irreparably, by flooding
spawning grounds and changing depths and temperatures of water.
Fry have a lessened survival rate swimming downstream while
crossing vast areas of stagnant water as it tends to be deep
and much colder than they can manage. Too shallow water, conversely,
due to low water flow, overheats the fish. Unfortunately, the
economic importance of the dams outweighs the negative impact
they have on salmon recovery, so their removal is not considered
a workable option.
The United States Forestry Service works to manage national
forests in a way that they can be sustainably logged. Before
the environment was taken into consideration and substantial
research had been conducted on the effects of logging, forests
were clear cut all the way up to stream and river banks. This
allowed for sediment erosion into waterways that not only degraded
the surrounding terrestrial ecosystems but also covered gravel
stream bottoms the salmon used to spawn. The combination of
overharvesting, destruction of habitat through dams, and effects
of sediment runoff has contributed to the severely reduced numbers
now observed in chinook salmon and steelhead trout - it is now
imperative that action be taken to rebound the rapidly declining
numbers of endangered fish in the Upper Columbia River Basin
to preserve not only the fish, but the cultural heritage of
the northwest.
One way to increase numbers, through the rearing and releasing
of hatchery salmon, now threatens to compromise the genetic
integrity of fish in the river systems. As anadromous fish,
salmon are born in freshwater streams, migrate downstream to
the ocean where they mature, and then proceed to make the journey
back upstream to the place where they were born to spawn and
then die. It is unclear how, at this point, the fish know exactly
what stream to swim back to: whether they rely on magnetic indicators
or some chemical signal has yet to be discovered. But because
essentially related fish have for centuries been returning to
the same streams to spawn, each stream ecosystem contains genetically
distinct populations of fish that have adapted to their particular
stream environment. This means they may be specially adapted
to cope with regional environmental stressors, such as indigenous
predators, bacteria, and viruses. Introduced hatchery fish interbreed
with native populations and water down their genetic individuality,
making them more susceptible to predation and disease. Hatchery
fish may be economical options for the fishing industry, but
they do not return salmon to historical numbers of genetic diversity.
Pertinent Federal and State Water Laws
Summarized below are those water laws pertaining to the current
issue of whether Skyline stakeholders have the right to compensation
for water limitations during the late summer months. To reiterate,
the state of Washington has jurisdiction over water and wildlife.
The following acts relate to water use rights.
- - The Organic Act of 1897 - Created the National
Forest System for the purpose of establishing forest reserves
in order to reserve lands of the public domain for contribution
to the welfare and prosperity of the country, through regulation
of occupancy and use and to preserve the forests thereon from
destruction. Interestingly enough, Congressman Safroth responded
to this act by saying: "It is a matter of interest to
people in the West only as to whether these reservations are
properly established. It is on account of the waters which
are to irrigate our agricultural lands that we are interested
in forest reservations." (c1897)
- - 1901 Act - Authorized the Secretary of the Interior,
upon the approval of the Department under whose supervision
a federal reservation of land falls, to permit the use of
rights-of-ways through forest reservations for water ditches.
This act further allowed the Secretary and/or his successor
to revoke these rights at their discretion. Thus, this act
provided ditch operators with a license revocable by the government
as opposed to a vested property interest. This was repealed
by Congress in 1976 and replaced with the Federal Land Policy
and Management Act (FLPMA) that authorizes the Secretary of
Agriculture to renew rights-of-way through national forests
for ditches for the transportation of water. It requires the
rights-of-way to contain terms and conditions that will minimize
damage to fish and wildlife habitat and otherwise protect
the environment.
- - Minimum Water Flows and Levels Act of 1967 - Authorized
the Department of Ecology to, upon request of Washington Department
of Fish and Wildlife or on its own, establish minimum flows
by administrative rule to protect fish, wildlife, and water
quality.
- - Water Resources Act of 1971 - Passed by the state
legislature to protect and manage the state's water resources
for the greater benefit of the people. This became necessary
when applications for larger amounts of water for irrigation
and other purposes caused escalating conflict among farmers.
It is this law where the present instream flow levels are
derived (35cfs) for the Methow River tributaries.
- - National Forest Management Act (NMFA) - Established
in 1976 by Congress. Requires land management plans for the
national forests to take into consideration the protection
of forest resources to provide for watershed, wildlife, and
fish; and to provide for diversity of plant and animal communities.
-
- - Watershed Management Act of 1998 - Provides a
framework for the collaborative solution of water issues and
is designed to allow local citizens and local governments
to join together with state agencies and tribes to form planning
units. These planning units will assess water supply and use
in watersheds, and recommend strategies for satisfying minimum
instream flows and water supply needs. Watersheds are geographic
areas also known as Water Resource Inventory Areas (WRIAs)
where geographic formations cause all rainwater to flow into
a specific tributary, stream, creek, and/or river.
Analysis of the Situation
Both the Skyline shareholders' and the salmon's futures depend
on the water of the Methow River: the shareholders need it for
irrigation and the salmon for reproduction and livable habitat.
Giving up the salmon's rights to water for irrigation purposes
violates the Endangered Species Act, while at the same time
allowing the salmon to have full access to historical habitat
in light of current inhibitions on population growth puts livelihoods
at stake. However, allowing salmon free run of home ranges may
not allow numbers to rebound as efficiently as would be hoped,
given the barriers they face with dams and habitat destruction.
NMFS serves as the intermediate party speaking for their rights
and implementing policies that will hopefully integrate conservation
and progressive development. As an agency advocating for eco-justice,
this is unfortunately not always the case.
The ethical issues pertaining to this struggle for water rights
include: the fact that Methow residents feel they are carrying
the majority of the conservation burden; stewardship of land
and resources; introduction of hatchery fish; how far the government
should go to encourage local support and involvement in federal
conservation programs; as well as those ethical issues highlighted
in various water rights documents.
The Takings Clause appears at the end of the Fifth Amendment
in the Bill of Rights and states: "nor shall private property
be taken for public use, without just compensation." As
defined by Armstrong v. United States in 1960, it "was
designed to bar Government from forcing some people alone to
bear public burdens which, in all fairness and justice, should
be borne by the public as a whole." Water rights are not
considered part of the takings clause for three reasons:
- Most state constitutions establish that water belongs ultimately
to the state, not private persons, as is the case in Washington;
- Water rights are specifically limited to beneficial uses
in that if the water's use does not benefit the public, the
right may be revoked; and
- Because the public has a major interest in the distribution
of limited water resources. So while they might not be eligible
for compensation, the Skyline shareholders could be seen as
bearing an unfair amount of the conservation burden, given
that neighboring shareholders of MVID are exempt from the
same federal restrictions as their ditch is built on private
land. If the conservation of water and wildlife are under
the jurisdiction of the state to preserve for the public good,
then it makes sense for there to be equal responsibility placed
upon residents of Methow Valley.
As a government agency upholding the ESA, NMFS plays a key role
as stewards to the land and resources to promote salmon conservation.
From a religio-ethical standpoint, God placed man on earth to
serve as stewards and protectors of creation: "And God
blessed [man], and God said to them, 'Be fruitful and multiply,
and fill the earth and subdue it; and have dominion over the
fish of the sea and over the birds of the air and over every
living thing that moves upon the earth.'" (Genesis 1:28)
Man's role as stewards, given by God, implies an obligation
to protect creation - by overexploiting the creation of God
we fail in this assigned duty. NMFS upholds this from a utilitarian
aspect, given that they are a sector under the DoC, in order
to create jobs for the public and promote sustainable development.
Destruction of what we have dominion over leaves us with nothing
to have dominion over; alternatively, the loss of salmon as
a cultural heritage in the northwest takes with it the inherent
value of nature and natural aspects. To the Methow and other
Indian tribes, who have already lost much of their cultural
heritage, the loss of salmon symbolizes the loss of a critical
cultural aspect tying them to nature. Even in Noah's time of
the Biblical flood, God instructs Noah to save two of every
creature, regardless of charismatic value.
Every creature plays a critical role in and maintenance of
creation through the interconnectedness of life. This too serves
as an argument for preserving the genetic diversity of salmon
born in different streams. God places upon all of creation intrinsic
value; the natural world has value in itself and does not exist
solely to serve human needs . The salmon existed in Methow Valley
long before the arrival of Native Americans and pioneers, and
deserve the inherent right to continue existing. But conservation
does not have to mean the end of sustainable development.
Regarding the imminent crisis of chinook salmon and steelhead
extinction, the possible alternative to quickly rebound numbers
would be to release hatchery fish and allow them to interbreed
with native populations. As discussed above, this imposes ethical
problems by compromising the genetic integrity of genetically
discrete populations having evolved in essentially separate
ecosystems. Through interbreeding, turning subspecies into one
species dilutes biodiversity, violating the NMFA of 1976. This
poses biological threats to salmon as well should a disease
or predator be introduced that none of the hybrid salmon have
evolved to cope with or escape. A further decline in salmon
numbers may make them impossible to rebound and imperil the
sport fishing industry, an economic repercussion.
As mentioned in the introduction, NMFS made an effort to hold
meetings and rally local support and encourage public discussions
and opinions on the new water flow limits. Although not required
to do so under the ESA, they opted to have the public participate
in the administration of new policies. Given that the public
did not respond to the invitation, how much more work should
be done by NMFS to persuade discussion and opinions? This is
an interesting ethical issue raised as government environmentalists
tend to be regarded as not caring for the livelihoods of citizens.
Though their intentions are good, public refusal to get involved
in policy making regarding salmon conservation may cause future
decisions to be made without consultation - although not necessarily
ethical to make decisions for the public without their majority
consent, NMFS does have the right to do so.
Ethics raised in water policy include mainly the right for state
policy makers to make decisions without required consultation
with irrigators and majorities impacted by water flow restrictions.
Under the State Wildlife Policy for Washington, "No citizen
shall be denied equal access to and use of any resource on the
basis of race, sex, origin, cultural heritage, or by and through
any treaty based upon the same." There is no mention here
of livelihoods; farmers understandably require the use of water
conveyed from substantial natural water sources in order to
subsist. A denial of resource access is here associated with
a discrimination of occupation. Plans for habitat protection
need only have coordination with federal fish and wildlife agencies,
Indian tribes, and the Department of Fisheries fish production
programs. Again, no mention of coordination with the people
who depend on water. Farmers contribute to the local economy
and farming as an occupation provides jobs for families as well
as migrant and minority workers. The loss of this industry could
therefore have substantial social security ramifications for
the area.
In light of the ethical conflicts raised, there are alternatives
(bearing their own consequences) for the Skyline stakeholders.
They could "sell out," or sell their valuable land
to developers. This would be better for the land in terms of
water consumption. However, a cap is set in the valley as far
as how many houses may be built: one farmer selling his land
would mean that other farmers in the future may not have that
option should they suffer heightened economic consequences of
the reduced water flow minimum. Additionally, selling the land
that has in many cases been passed down through the family would
mean a loss of livelihoods that has gone back for generations.
Shareholders could "get efficient," or line the ditch
in order to reduce the amount of water lost through ground seepage.
However, by August the ditch has already been primed by water
flowing during the previous months, so lining would be an expensive
and probably inefficient option as it would only buy the irrigators
another week or so at most, not nearly enough time to harvest
another crop late in the growing season. "Biting the bullet"
and staying with the current situation would work for some,
but not everyone is coping well with the water restrictions.
Status quo may be nonviable. A fourth option would be to change
the point of water diversion for the Skyline ditch. Although
this may increase water supply later, it would also be expensive
and possibly mean extensive irrigation networks with a possibility
of loss to evaporation.
Assessment
The moral norms addressed by this case are sufficiency, sustainability,
and solidarity . In order for any solution to be viable for
salmon and people, there must be an element of sufficiency.
Therefore, a minimum but practical water requirement for fish
and irrigators should be sought. Sustainability should pertain
to rebounding fish populations, as opposed to maintaining current
numbers, to perpetuate the genetic health of the ecosystem for
the long run. Pumping rivers and streams full of hatchery fish
will only pose a short term solution until some outside factor
wipes out the homogenous super-population. Sustainable also
means non-wasteful consumption of water on the part of irrigators,
whether through making efficient current ditch networks or cutting
back on the amount of water used daily. Solidarity requires
a fellowship of responsibility and an interest on the part of
NMFS and shareholders to achieve justice for the salmon and
the irrigators.
Lasting social change is anchored in a deep moral imperative,
while at the same time lasting biodiversity protection must
remain responsive to people's values. People in Methow Valley
value their livelihoods as well as salmon, but do feel they
deserve the higher end when it comes to compromise with conservation.
Life on the planet flows with religious continuity in that any
aspect of the cycle disrupted has consequences for the rest
of the cycle . Salmon conservation may be seen as a trite problem
with regards to the global biodiversity crisis. But their lives
and contributions do not exist solely in the Methow. Anadromous,
they swim to the Pacific Ocean where they mature, serving along
the way as food for predators and keeping in check species lower
in the food chain. In rivers they eat the larvae of various
insects, including mosquitoes and dragonflies, which consume
large quantities of other larvae essential to keeping rivers
and streams balanced and healthy. So although the individual
salmon may seem trivial, the species and subspecies collectively
keep northwest ecosystems in natural equilibrium.
Inherent with the idea of evolution acting upon salmon species
for tens of thousands of years is a calming sense of spirituality
at the thought of a force greater than anything we could muster
driving life towards undisrupted equilibrium. The idea of something
adapting into the perfect environment with respect to surrounding
environments so that it functions in biological equilibrium
is staggering in its complexity. The intrinsic value allotted
to these creatures by evolutionary process should not go unwarranted.
Any action taken by humans to disrupt this pattern of life denies
the basic right of life to persist.
There are many ways in which to approach the biodiversity crisis,
whether from diagnostic or ethical standpoints. The continuum
of attitudes towards nature begins with a developmentalist perspective,
to conservationist, preservationist, and critical eco-justice
perspectives. NMFS acts from the spectrum end favoring critical
eco-justice and also acts on the moral theory of conservation:
they reason that salmon command moral recognition and sentiments,
which spur their willingness to act on their behalf. This is
also rather zoocentric. While not unethical in approach, this
paradigm for viewing conservation negates the needs of people
who do exist on this planet and deserve equal representation
in conservation issues. Shareholders acting from an anthropocentric
perspective believe that salmon conservation as far upstream
as the Methow, Chewuch, and Okanogan Rivers may be unwarranted
given the manmade barriers facing salmon migrations. Rebounding
salmon populations to historical amounts spanning their historical
range is not necessary and unwarranted given the needs of individuals
irrigating crops. Sport fishermen and seasonal visitors view
salmon conservation from a strictly utilitarian point of view:
they should be conserved so we can continue to utilize them.
This may not take into consideration the loss of genetic diversity
and could potentially support release of hatchery salmon as
a viable solution to crashing numbers. What we need is a solution
that will include compromise from both sides integrated into
an ethically holistic alternative . This could possibly include
a reevaluation of federal policies on private lands to reflect
the fairness implied in the Takings Clause.
Supreme Court Case: Okanogan County v. NMFS
The shareholders appeal went to the Supreme Court of the United
States to overturn the rulings given in Washington State that
NMFS has the right to limit the amount of water irrigators take
from Columbia River tributaries. The question presented before
them: Whether the United States Forest Service, when renewing
revocable special use permits that authorize use of National
Forest land for irrigation ditches, may impose conditions that
limit the amount of water conveyed through the ditches to avoid
jeopardizing endangered fish. Through careful analysis of water
bills aforementioned, the Supreme Court concluded that all of
the reasons petitioners offer to support their request for review
are based on the incorrect assertion that the instream flow
restrictions placed on the revocable right-of-way permits confiscate
petitioners' state water rights. The court explained that the
government was not taking away water rights because the petitioners
retained the ability to divert the water. The question now argued
is what is ethical versus what is legal.
Both statutes governing the management of national forests
and the terms of the Skyline permit authorize the Forest Service
to condition those permits in order to protect endangered fish
under the ESA. As water in this case is not considered private
property meriting compensation, the shareholders have no basis
for arguing the minimum instream flow requirements.
Action
Based on the findings of Okanogan County v. NMFS, there is
nothing the shareholders can legally do to overturn the imposed
minimum instream flow requirement. There are, however, solutions
to this problem that would help to alleviate the effects felt
by residents of Methow Valley that include reexamining current
water policies on the parts of the state and federal governments.
As irrigators belonging to MVID are not prone to the same conservation
restrictions as Skyline District, one alternative would be to
involve the local government with respect to raising public
awareness about irrigation restrictions faced by some Methow
Valley residents. The federal government could review its policies,
specifically those pertaining to the right to regulate water
use on private lands. Water and wildlife both belong to the
state of Washington. The state of Washington claims to preserve
both on behalf of the public. Preservation on behalf of the
public implies the entire public potentially benefiting from
or utilizing these resources should partake in their preservation
and conservation.
Another solution proposed in Okanogan County v. NMFS is to divert
the source point to one not on federal land so as to eliminate
the problems faced by diversion through a national forest. Although
expensive, this would give the Skyline shareholders the same
rights-of-way as shareholders in MVID. As the conflict deals
mostly with rights-of-way over federal lands (which are revocable
at the discretion of the federal government), while not necessarily
better for the sake of salmon recovery, changing the point of
diversion would alleviate stress felt by farmers needing to
irrigate later in the summer.
As opposed to changes dealing directly with policy and water
administration, shareholders could accept the instream flow
requirements and find alternative sources of income for later
in the summer months. One of these could include rearing hatchery
salmon. Although not the best for the genetic integrity of subspecies
of chinook salmon and steelhead trout, this may help to increase
salmon populations in the Methow, Chewuch, and Okanogan Rivers.
At the same time, through the distribution of fishing licenses
to tourists from other parts of the state and the country, locals
receive direct benefits from salmon conservation through tourist
revenue. By empowering the local communities to take control
of their livelihoods via conservation, they are less likely
to oppose minimum instream flow requirements, which, as mentioned
above, are instigated through perfectly legal means. Finding
alternative sources of income does not necessitate giving up
a way of life but rather supplements it. Encouraging tourism
in Methow Valley would also open up opportunities for independent
bed and breakfasts and other forms of ecotourism for Seattleites
and western Washingtonians wanting to take a vacation from city
life.
Concluding Remarks
The state's and federal government's hands are in essence tied
when it comes to flexibility with minimum instream flow requirements
for irrigators. As ruled in Okanogan County v NMFS, the government
acted legally based on written law for instigating flow requirements
and are not legally responsible for compensating irrigators
suffering from these restrictions. NMFS recognizes that salmon
have intrinsic value as well as utilitarian values for the rest
of the state and nation, and are acting within their power to
conserve critically endangered species. In order to preserve
the cultural heritage of the Pacific Northwest, compromise needs
to be reached on the parts of federal and state governments,
Native Americans, citizens, and preservationists speaking for
the salmon. Conservation of salmon does not have to mean the
people of Methow Valley and other regions facing similar economical
dilemmas relinquish their land and livelihoods. On the contrary,
conservation should be embraced as an empowerment of the locals
acting to reinstate the rights of salmon to the Columbia River
basin. Additionally, local governments need to take a more active
participation in policy making so that their views and needs
are reflected in laws designed to perpetuate natural resources
for the public good.
- Unless otherwise cited, factual information comes from Martin-Schramm,
James B and Robert L Stivers. Christian Environmental Ethics:
A Case Method Approach. Orbis Books, New York, 2003. The Methow
Valley Skyline ditch case study derives from Chapter 8, "Taking
on Water."
- In the case study, this is referred to as the Mazama Ditch
Company to preserve the privacy of contributors. The controversy
follows that of the actual company, Skyline Ditch Company.
Skyline is used in this paper as this is the name legally
appearing in federal documents.
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May 2006
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