A coalition of environmental groups sued the Eugene Water and Electric Board this week, accusing the public utility of violating the Endangered Species Act.

The groups allege EWEB never completed fish ladders it committed to build 16 years ago at the Trail Bridge Dam, which is part of the Carmen-Smith Hydroelectric Project.

The groups argued the dam, located about 70 miles east of Eugene on the McKenzie River, has prevented endangered Chinook salmon and bull trout from migrating and blocked access to cold water.

Bethany Cotton, conservation director at Eugene-based Cascadia Wildlands, said the dam had killed and injured fish.

“We were frankly shocked to learn they hadn’t done anything toward installing fish passage in all these years that have passed,” Cotton said. “They’ve been notified by all three federal agencies that they’re out of compliance with their license and their permit. There is really no excuse.”

EWEB spokesperson Aaron Orlowski called the lawsuit a burden to ratepayers and said EWEB has had to hire an outside law firm to represent itself in court. He said the delays were to resolve safety issues such as sinkholes near the dam before it could address fish passage.

“The allegations - we dispute them,” Orlowski said. “We’ve been working on fish passage at our Carmen-Smith Hydro Project for many years.”

Orlowski said EWEB currently transports migrating fish with a temporary trap and haul system, which is when the fish are captured and transported around the dam in a vehicle. He said the utility is working with regulators on a future fish passage which could include a similar solution or a fish ladder.

Orlowski said the utility is willing to work collaboratively with environmental groups to address their concerns.

“We care about healthy fish populations, we care about renewable energy, and both of those things are achievable with the right type of infrastructure and technology at our hydropower operations,” he said.

According to the lawsuit, federal agencies did raise concerns about fish passage delays, saying the lack of movement on the project went “beyond solely dam safety measures.”

Cotton said local organizers did reach out to EWEB first in hopes of convincing the utility to change its approach, before filing a lawsuit. She said the dam and EWEB’s temporary trap and haul strategy puts too much stress on already endangered species.

“Every negative impact we can address makes it more likely that these species will survive and eventually recover,” Cotton said. “This is one of the most significant barriers to fish passage in the entire Willamette basin.”

In their lawsuit, the environmental advocates asked a judge to order EWEB to build a fish ladder, or order the removal of the dam.

The groups that signed onto the lawsuit include Cascadia Wildlands, Oregon Wild, Native Fish Society, Advocates for the West, Public Justice and Willamette Riverkeeper.

Rebecca Hansen-White is a reporter with KLCC. This story comes to you from the Northwest News Network, a collaboration between public media organizations in Oregon and Washington.

It is part of OPB’s broader effort to ensure that everyone in our region has access to quality journalism that informs, entertains and enriches their lives. To learn more, visit our journalism partnerships page.

News Source : https://www.opb.org/article/2025/03/19/environmental-groups-sue-eugene-utility-alleging-failure-to-protect-chinook-salmon-bull-trout/