Gov. Newsom, Oregon Gov. Brown, Tribal Leaders and Klamath Dam Owner Announce Agreement to Advance Historic Salmon Restoration Plan

SACRAMENTO – California Gov. Gavin Newsom Nov. 18, joined with Oregon Gov. Kate Brown, leaders of the Yurok and Karuk Tribes and Berkshire Hathaway-owned PacifiCorp in announcing an agreement to provide additional resources and support to advance the most ambitious salmon restoration effort in history. The project, when completed, will address declines in fish populations, improve river health and renew Tribal communities and cultures.

The Memorandum of Agreement signed by the states of California and Oregon, the Yurok Tribe, the Karuk Tribe, PacifiCorp and the Klamath River Renewal Corporation or KRRC describes how the parties will implement the amended Klamath Hydroelectric Settlement Agreement or KHSA as negotiated and signed in 2016. The KHSA sets the terms for the removal of four Klamath River dams.

“The Klamath River is a centerpiece of tribal community, culture and sustenance and a national ecological treasure,” Governor Newsom said. “With this agreement, we are closer than ever to restoring access to 400 miles of salmon habitat which will be a boon to the local economy. I am grateful for the partnership between California and Oregon, the Yurok and Karuk Tribes and Berkshire Hathaway that proves when we work together, we can build a better, more inclusive future for all.”

With the Memorandum of Agreement, the parties:

Jointly ask the Federal Energy Regulatory Commission or FERC to remove PacifiCorp from the license for the project and add California, Oregon and KRRC as co-licensees for carrying out dam removal. Adding the states as co-licensees provides assurances that the project will have sufficient financial backing while honoring settlement terms that stipulate PacifiCorp would not be a co-licensee for removal.

Demonstrate their firm commitment to dam removal.

Agree to nearly double available contingency funds held by KRRC and contractors and, in the unlikely event that additional funds are needed beyond that, Oregon, California and PacifiCorp will share the costs equally to address FERC’s requirement to ensure full funding for the project.

Confirm that the KRRC will remain the dam removal entity for the project.

Plan to navigate the final regulatory approvals necessary to allow the project to begin in 2022 with dam removal in 2023. Site remediation and restoration will continue beyond 2023.

Retain the liability protections for PacifiCorp’s customers established in the KHSA.

Taken together, these provisions are intended to resolve FERC’s concerns raised in a July 2020 order and ensure a successful dam removal project.

Next Steps

Implementation of the amended KHSA requires two approvals by FERC. First, FERC must approve the transfer of the license for the dams from PacifiCorp to the KRRC and the states. Second, FERC must approve the dam removal plan.