This collection contains the papers of Friends of Bear River and the reports and legal materials they used to present their case against a proposed dam on the Bear River.
Repository:
Utah State University. Special Collections and Archives Manuscript Collection
Merrill-Cazier Library Utah State University 3000 Old Main Hill Logan, UT 84322-3000 Phone: 435 797-2663 Fax: 435 797-2880 Email: scweb@usu.edu
Languages:
Material in English
Historical Note
n 1989, Birch Creek Power Company owned by Idaho Falls, Idaho engineer Ted Sorenson and Preston, Idaho contractor Robert Fackrell, (S & F Company), proposed to build a dam at the mouth of the Oneida Narrows and subsequently submitted an application to operate a hydroelectric facility to the Federal Energy Regulatory Committee (FERC). The Birch Creek Power Company stated that the benefits of the project would control flooding, generate electricity and store water for downstream use. The project would also offer at least three permanent, full-time positions and thousands of dollars would flow into the community during the 12 to 18 month construction time period. Birch Creek Power Company estimated that the proposed dam would be approximately 100 foot high and would create a reservoir covering 360 acres (117 of those acres were owned by the Bureau of Land Management while the rest were privately owned), and would approximately cost $112 million to construct. The Preston City Council offered support for the project because of the potential economic benefits it would offer the community. Area residents, however, were more concerned with how the proposed dam and reservoir would impact recreation and wildlife habitat, and in May of 1990, two hundred residents signed a petition opposing the project. In March of 1990, a group of individuals met at a Bureau of Land Management Scoping Hearing and decided to form a group in order to be able to present officially questions at the water rights hearings held by the Idaho Department of Water Resources. This group, the Friends of Bear River (FOBR), collectively represented groups such as The Region Five Wildlife Council, the Bridgerland Audubon Society, Idaho Rivers United, the Idaho Environmental Council, the Eastern Idaho Sierra Club, the Portneuf Valley Audubon Society, the Franklin County Fish and Game Club, and the Utah State University Canoe and Kayak Club. Two key figures in the Friends of Bear River when Currie Lockett who resided in Logan, Utah at the time and Vicki Smith, who resided on a farm near the proposed site.
On September 28, 1990, Keith Higginson director of the Idaho Department of Water Resources denied Birch Creek Power Company's water right application for the proposed dam due to the overwhelming public opposition, the quantity of water that would be reduced, and the fact that S & F Company lacked sufficient financial resources. In October 1990, S & F Company filed a request for a rehearing for their project but on November 21, 1990, the Idaho Department of Water Resources denied the petition for rehearing due to S & F Company's inability to provide new information and to prove that a new hearing would somehow benefit the public. S & F Company had the option of requesting the district court review Keith Higginson's decision but declined. However, their application to operate a hydroelectric facility was still pending with FERC and based on a 1990 U. S. Supreme Court ruling, the federal government, not the state, has final authority “to set stream flows at federally licensed dam”. FERC thus had the final decision as to whether or not Birch Power Company would be allowed to construct their proposed dam. FERC scheduled two Scoping Meetings, one in Preston, Idaho and the other in Pocatello, Idaho for September 30, 1992 in order to gather public opinion on the project as well as to assess the environmental impacts. On January 20, 1993, it was announced that S & F had withdrawn their application with FERC due to mounting costs. Despite the withdrawl of the application,opponents of the dam continued their efforts. Currie Lockett of Friends of Bear River requested that the state of Idaho study the Bear River in order to designate it as a wild and scenic river in order to protect the area from other future developers. This status, however, was not granted and in 2006 the Twin Lakes Canal Company filed a notice of intent to file a license application with FERC to build a new hydropower facility.
Content Description
This collection contains the papers of Friends of Bear River and the reports and legal materials they used to present their case against a proposed dam on the Bear River. The collection includes Friends of Bear River correspondence as well as photocopies of correspondence between FERC and Birch Creek Power Company obtained by Friends of Bear River, various legal motions, newspaper articles, newsletters, opposition letters, and the Scoping Documents issued by FERC that outlined the environmental impacts of the proposed dam. In many instances, photocopies were made by Friends of Bear River in order to disperse their materials to multiple people. Items are arranged chronologically when dates are specified. Some portions of the collection have been maintained in their original order, such as letters of opposition Box 6 folders 1-20.
Use of the Collection
Restrictions on Access :
No restrictions on use, except: not available through interlibrary loan.
Restrictions on Use :
It is the responsibility of the researcher to obtain any necessary copyright clearances.
Permission to publish material from the Friends of Bear River Collection must
be obtained from the Special Collections Manuscript Curator and/or the Special Collections
Department Head.
Preferred Citation :
Initial Citation:
Friends of Bear River Collection USU_COLL MSS 332,
Box [ ]. Special Collections and Archives. Utah State University Merrill-Cazier Library. Logan, Utah.
Following Citations:USU_COLL MSS 332,
USUSCA.
Administrative Information
Arrangement :
Arranged chronologically when dates are specified.
Processing Note :
Processed in October of 2007
Acquisition Information :
The materials in this collection consisted of four boxes that were donated to USU Special Collection by Dan Miller on April 4, 2006.
Birch Creek Power Company business papers and correspondence, 1989-1992
(14 folders)
Container(s)
Description
Dates
Box
Folder
2
1
Construction Cost Estimate
Undated
2
2
Average Cost Rates
Undated
2
3
Sorensen Engineering license application list of deficiencies from FERC
1989 March 31
2
4
Schedule A from FERC to Sorensen Engineering requesting additional information
1989 December 7
2
5
Schedule A from FERC to Sorensen Engineering requesting additional information
1990 August 13
2
6
Sorensen Engineering Appendix A: Consultations
1990 August 20, 1990 to 1990 October 11
2
7
Photocopies of correspondence between Sorensen Engineering and FERC
1986 February 6 to 1989 December 14
2
8
Photocopies of correspondence between Sorensen Engineering and FERC
1990 March 6 to 1990 December 13
2
9
Photocopies of correspondence between Sorensen Engineering and FERC
1991 January 29 to 1991 May 22
2
10
Photocopies of letters from U.S. Department of Interior to Sorensen Engineering
1989 January 3 and 1991 January 15
2
11
Photocopy of letter from Sorenson Engineering to Idaho Department of Fish and Game regarding agreement to provide mitigation for exceptional benefits exemption
1990 September 18
2
12
Photocopies of correspondence between FERC and Fackrell Construction
1990 July 10 to 1992 October 27
2
13
Photocopy of letter from State of Utah Department of Natural Resources Division of Water Resources to Sorensen Engineering
1991 March 12
2
14
Miscellaneous photocopies of Sorensen Engineering outgoing letters
FERC Formal Requirements for Filings in Proceedings Before the Commission
Undated
12
3
Idaho Supreme Court Case Edward C Shokal, Cole M. Reed and State of Idaho, Department of Fish and Game Billie Reed vs. A. Kenneth Dunn, Director, Department of Water Resources and Trout Co.
1985 September 24
12
4
FERC Notice of Intent Of Utah Board of Water Resources to file Competing Preliminary Permit Application filed by Birch Power Company, Inc.
1985 December 2
12
5
Utah Board of Water Resources Notice of Withdrawl of Its Notice of Intent
1986 January 2
12
6
FERC Order Issuing Preliminary Permit issued to Birch Power Company, Inc.
1986 January 16
12
7
Notice of Changes to Bear River FERC Application
1989 January
12
8
Application for License For Major Unconstructed Project prepared by Sorensen Engineering, P.A. to FERC
1989 January 12
12
9
Information meeting minutes held in Preston, Idaho, March 20, 1989 and attached resolution
1989 May 12
12
10
Notice of Application Filed with the Commission by Birch Power Company, Inc. for application for major license filed on January13, 1989.
1989 August 21
12
11
Motion to Intervene and Petition to Deny Application For A Major License submitted to FERC by The State of Idaho in regards to a major license application filed by Birch Power Company.
1989 October 26
12
12
FERC Notice Granting Late Intervention to Idaho Department of Fish and Game to intervene in Birch Power Company, Inc.’s application.
1989 December 7
12
13
Amended Motion to Intervene submitted to FERC by The State of Idaho on a motion that was filed on October 30, 1989 by Birch Power Co.
1990 January 8
12
14
Resolution on the matter of the effect the Bear River Narrows Hydro electric project on the Oneida Narrows reservoir site identified as a protected reservoir site in the state water plan. Passed and approved
1990 February 23
12
15
Motion to Intervene and Petition to Deny Application submitted to FERC by The State of Idaho for a permit application filed by Hydro-Power of Nevada.
1990 March 28
12
16
Department of Water Resources of the State of Idaho Notice of Hearing in the matter of an application by S & F Power Company to appropriate the public waters of the State of Idaho.
1990 April 25
12
17
Petition filed by FOBR for Leave to Intervene Before the Idaho Department of Water Resources
1990 July 13
12
18
Denied order to petition filed by Currie Locket to intervene as a full party
1990 August 16
12
19
Petition filed by FOBR for Rehearing Application to Appropriate Water
1990 August 30
12
20
Petition filed by FOBR to Deny Application to Appropriate Water
1990 August 30
12
21
FOBR Petition to Deny Application to Appropriate Water Before the Idaho Department of Water Resources Regarding Bear River Narrows Project No 9215.
1990 August 30
12
22
FOBR Submission of Evidence and Arguments
1990 August 30
12
23
Friends of Bear River Petition to Withdraw Exemption to the Northwest Power Planning Council.
(two copies)
1990 September 5
12
24
Petition for Rehearing filed by S & F Power Co. to appropriate water of the Bear River for power purposes
1990 October 17
12
25
Notice Granting Late Intervention filed by FOBR to FERC to intervene in the Birch Power Co. license application that was filed on January 17, 1991.
Notice is dated June 21, 1991
12
26
Moratorium Order In the Matter of Applications and Permits for the Diversion and Use Water Within the Salmon and Clearwater River Basins, Idaho by The State of Idaho Before the Department of Water Resources.
1992 May 15
12
27
Moratorium Order In the Matter of Applications For Permit For Diversion and Use of Ground Water Within the Bear River Drainage and Great Basin Tributaries by The State of Idaho Before the Department of Water Resources.
1992 May 15
12
28
Moratorium Order In the Matter of Application for Permits for Diversion and Use of Surface and Ground Water Within the Snake River Basin Upstream from the USGS Gauge on the Snake River near Weiser by The State of Idaho Before the Department of Water Resources.
1992 May 15
12
29
Motion to Intervene filed by American Whitewater Affiliation and American Rivers, Inc. with FERC against Utah Power and Light Company in regards to the Cutler project
1992 August 17
12
30
Notice of application for license for the construction of the Bear River Narrows hydropower project
1992 September. 9
12
31
Petition filed by Friends of Bear River to Continue Agency and Public Scoping Hearings and To Extend Filing Deadline
Also includes a handwritten message from Currie Lockett to FOBR attorney Brad Wright on content of petition.
September 23, 1992
12
32
Final order from Idaho Water Resources Board in the matter of a permit to establish a minimum lake level on Bear Lake
Rocky Mountain Environmental Directory response form
1992-1993
17
3
National Water Policy Roundtable Conference
1992
17
4
Western Systems Coordinating Council as suggested reading
1992 April
17
5
Western Water Conference Agenda
1994 August 13-14
17
6
Black and white photocopies of photographs of Oneida Reservoir and Borrow Pit area
Undated
17
7
Five colored photographs of unspecified area showing gravel road and four colored photographs showing patterns in the dirt. Also includes three colored photographs of unknown individuals and a colored photograph of cucumber plants. Includes negatives.
Undated
17
8
Excerpts from a Task Force meeting minutes
Undated
17
9
Whitewater safety guidelines from American Red Cross