UPDATE, MAY 29, 2013
State officials have decided to appeal the Martinez decision,
according to a statement from Attorney General Bob Ferguson’s
office. (See
Associated Press story.)
“The state remains committed to doing more to address fish
passage barriers and will continue to do so as resources permit,”
Ferguson said in the statement. “The implications of the case,
however, stretch beyond culverts. Issues of this magnitude deserve
full and thoughtful appellate review.”
—–
The long-, long-, long-awaited court ruling in the so-called
culvert case has finally been issued. The bottom line is that the
Washington Department of Transportation has been given 17 years to
upgrade all state culverts to accepted standards to allow fish
passage.
That’s basically what 21 Western Washington tribes asked for
when they proposed a court order three years ago. Actually, the
tribes asked for 20 years, but Judge Ricardo Martinez subtracted
the three years that they waited for a final decision in the case,
first filed in 2001. See my latest story in
Saturday’s Kitsap Sun, or review the history in an
article published in January.
How much effect this case will have on the state budget is hard
to say. The state will likely appeal, because there’s so much at
stake — including the tribes’ authority to affect how the state
spends its money. As I see it, under Martinez’ ruling, treaty
obligations are not much different than the constitutional
obligations the state has to provide “basic education.” And we all
have seen how the governor and Legislature are looking under rocks
to find money for that purpose.
One estimate of the cost of fixing all the culverts is $1.9
billion, but that’s assuming the state has a complete inventory. It
could be more. Martinez wants to see a complete inventory within
six months. People concerned about salmon will probably make sure
their least-favorite state culverts are on the list.
The latest
“Fish Passage Barrier Inventory” (PDF 5 mb), completed last
July, identifies about 1,500 culverts that block significant
upstream habitat. That inventory and other information can be found
on WDOT’s
website “Fish Passage.”
If you’d like to read Martinez’ ruling — which includes
information on the treaties, salmon habitat needs and culvert
history — download the decision
(PDF 111 kb) here and the
injunction (PDF 45 kb) here.
Through all these years, WDOT has not been ignoring the problem.
As I have reported, the state has been upgrading culverts while
doing major road repairs and also increasing the budget for
stand-alone culvert replacement.
But at the current pace, it could take between 50 and 75 years
to get all the work done, maybe more. These are just guesses
provided to me, based on the average cost of repairs, but every
culvert is different.
Near the upper end of the scale, replacement of a culvert that
carries Chico Creek under Highway 3 is estimated to cost between
$20 million and $30 million alone. The project will require several
bridges for the four-lane freeway north of Bremerton plus on- and
off- ramps in that location.
State officials are very aware of this Chico Creek culvert,
which lies at the mouth of what has been called the Kitsap
Peninsula’s most productive salmon stream. Salmon are getting
through the culvert, but it’s a struggle. The culvert is considered
a high priority by all, but replacement will probably take a
special appropriation from Congress or the Legislature, or
both.
As I watch our state highways deteriorate, I keep thinking back
to the 1960s and early ‘70s when Washington had some of the best
roads in the country. It was a pleasure to drive back then, if my
memory isn’t faulty. Although money is needed to repair roads
today, I think a good argument can be made that salmon were here
first and should have been considered when the roads were built.
Failing that, many people consider it essential to make things
right now.
I should point out that the ruling does not immediately affect
county roads or other projects that block the passage of salmon or
affect salmon habitat. However, for better or worse, the legal
principles established by the 1974 Boldt decision and reinforced by
this culvert case could open the door to other types of
court-ordered repairs to salmon habitat.
Share on Facebook
Recent Comments