Portland General Electric is heading to trial against the state of Oregon over the fate of five acres of land historically used for tribal fishing at Willamette Falls.

On Friday, a district court judge denied a tribal group’s argument for maintaining control of its fishing platform at the base of the falls. The judge also partly denied PGE’s argument for seizing ownership of this area.

The case ties to a fishing platform built by the Confederated Tribes of Grand Ronde. In 2018, the Grand Ronde tribes leased an area of the falls from the state so they could build and operate the platform.

Other tribes took issue with the state’s lease, arguing it denies equal tribal access to this crucial fishing area, according to court documents. They include the Confederated Tribes of the Warm Springs, Confederated Tribes of Siletz Indians and the Confederated Tribes of the Yakama Nation.

Months after the state issued its lease to the Grand Ronde tribes, PGE requested a court hearing to contest the fishing platform. The utility company, which has a business connection with the Warm Springs tribes, operates a hydroelectric plant near the falls.

PGE, the state and the Grand Ronde tribes couldn’t come to an agreement on the fishing platform over two years of mediation. In April 2021, PGE requested a federal easement that would grant all federally recognized tribes fishing access to the falls. The Federal Energy Regulatory Commission denied that request because PGE doesn’t own the land. That’s when company executives asked PGE’s board to pursue eminent domain.

In its legal complaint against the state, PGE says it needs these lands to maintain and operate its hydroelectric plant and fulfill its federal safety obligations. The company says the Grand Ronde tribes’ fishing platform creates “substantial operational and public safety risks.”

The Grand Ronde tribes argue that PGE’s intentions go beyond safety risks, since tribes had been fishing in this area for decades without the company raising concerns. The Grand Ronde tribes contend PGE is primarily angling to benefit the Warm Springs tribes, which jointly own and operate a hydropower plant with PGE in Central Oregon.

According to court documents, PGE says other tribal interests were a “contributing factor” when it tried seeking a tribal fishing easement, but other tribes aren’t driving its decision to seize control of this area. PGE asserts that “safety concerns had not risen to the level that reached operational concerns” until the Grand Ronde tribes obtained a lease from the state, court documents say.

District Judge Michael Simon concluded that PGE provided enough evidence showing it had real safety and operational concerns. Simon dismissed all of the Grand Ronde tribes’ arguments. While Simon partially granted some of PGE claims, the judge denied the others.

In a statement, PGE executives said they were disappointed in the court’s decision, but look forward to arguing their case for pursuing “equitable access to all Tribes with cultural ties to the falls.”

Grand Ronde chief of staff Stacia Hernandez said tribal members “remain committed to protecting our interests and the public gem that is Willamette Falls, and we look forward to presenting our case at trial.”

The case is scheduled for a pre-trial conference in April.

News Source : https://www.opb.org/article/2025/01/06/portland-utility-heads-to-trial-over-tribal-fishing-platform-at-willamette-falls/