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Unintentional state waiver lets FERC pre-empt state Coastal Zone rules

WASHINGTON, D.C.

06/26/2014

The Federal Energy Regulatory Commission has issued a declaratory order that FERC hydropower licensing under the Federal Power Act pre-empts state regulation under the Coastal Zone Management Act in an instance in which the state of Washington unintentionally waived its CZMA permit authority.

The June 19 ruling blocks a state-imposed stay of construction and allows work to begin on the 600-kW Admiralty Inlet Pilot tidal project (No. 12690) to be installed in Washington’s Puget Sound. FERC issued a hydrokinetic pilot project license to Admiralty Inlet on March 20. FERC and the state of Washington agreed in 2009 to coordinate procedures and schedules for reviewing hydrokinetic energy projects in state waters of Washington.

As a pre-requisite for FERC licensing, a state agency has six months from application in which to issue a shoreline management permit under the Coastal Zone Management Act.

While license applicant Snohomish County Public Utility District No. 1 filed a CZMA application with the Washington Department of Ecology in March 2012, Snohomish and Ecology advised FERC by joint letter in September 2012 that they had agreed to extend the state’s review period. However, the National Oceanic and Atmospheric Administration, which administers the CZMA, found extension of the review period did not comply with federal regulations and, as a result, Ecology waived its CZMA authority.

In May 2014, Ecology issued a shoreline permit for Admiralty Inlet incorporating conditions set by Island County, Wash., under state CZMA regulations including a requirement that project construction be delayed until appeals of the permit are concluded.

“The district argues that this stay would prevent it from implementing the terms of its license, which authorizes immediate construction of the project after the commission grants the necessary pre-construction approvals,” FERC said. “Because Article 410 of the license and biological opinion require that construction can only occur during a work window of July 16 to October 14, the district argues that it could miss this work window and construction could be delayed by one to two years.”

FERC agreed to Snohomish PUD’s request for a declaratory order upholding Federal Power Act pre-emption of state regulation.

“Because Ecology waived its consistency certification under the CZMA, a Shoreline Permit under Washington’s Shoreline Act is no longer required as a matter of federal law,” the commission said. “Therefore, we grant the district’s petition and declare that the FPA pre-empts any supplementary or inconsistent state or local requirements under Washington’s Shoreline Act. The district need not comply with the state-imposed stay provision of condition 23 of its Shoreline Permit. To hold otherwise would be inconsistent with the FPA, because it would allow the state permit to stay a commission hydroelectric license.”

FERC noted that Snohomish has informed Ecology and Island County that it intends to comply voluntarily with all provisions of the shoreline permit except the stay of construction.

“As a general matter, the commission encourages licensees to comply with state and local requirements to the extent that they do not conflict with the commission’s requirements or frustrate the purposes of the FPA,” FERC said. “We recognize, however, that under the Supremacy Clause of the Constitution, federal law pre-empts state and local laws when Congress occupies the field by enacting comprehensive legislation that leaves no room for supplemental state or local regulation.”

“This is significant for licensees who attempt to implement license obligations but are barred or delayed by state and local regulatory authorities with standards that conflict with the license,” said Mike Swiger of law firm Van Ness Feldman, which represented Snohomish.

Subsea cable operator challenge pending

FERC said it would address in a subsequent order a challenge by Pacific Crossing, owner of PC-1, a subsea telecommunications cable linking the United States and Japan, to the licensing of Admiralty Inlet.

Pacific Crossing unit PC Landing Corp. previously requested rehearing of the licensing order, saying the project would pose a risk to its nearby fiber-optic cable in Washington’s Puget Sound.

FERC also denied a requested stay but said it would address a rehearing request by the Tulalip Tribes of Washington who contend the project would affect access to its fishing grounds.

Quapaw tribe announces discovery of historic burial site in Arkansas

By The Associated Press

QUAPAW, Okla. — Members of the Quapaw tribe are teaming up with descendants of African-American slaves to research and preserve an archaeological site that contains the remains of their ancestors.

The burial sites were discovered on land that the Quapaw Tribe purchased in 2013. The land was part of the Thibault Plantation near the Little Rock Port Authority. Before that, it was part of the Quapaw’s historic reservation.

John House with the Arkansas Archaeological Survey estimated that the Native American graves at the site date back to 1400 to 1600, while the African-American graves in the same location probably date back from before the Civil War to the early 1900s.

House also said it is not uncommon for a prehistoric grave site to later serve as a grave site for other cultures.

“This is a very special place on the landscape,” House said in a statement. “So much of Arkansas’ history is told only through the lens of what occurred after white Europeans came here. But there were centuries of prior history, very much of it involving the Quapaw Tribe and other Native American tribes.”

John Berrey, chairman of the tribe, said, “We aren’t sure yet exactly what we will do at the site, so the immediate desire is to simply not disturb it.”

Tribal members recently met with members of the Preservation of African American Cemeteries to discuss the preservation of the site, but both groups said they wished to keep the burial site’s exact location a secret to prevent looting for historic artifacts.

This discovery comes on the heels of a similar one last summer, this one near Osceola, in northeastern Arkansas.

Berry said at that time that it was a Quapaw settlement, part of the area where Quapaws made contact with Spanish explorer Hernando de Soto in 1541, their first contact with Europeans.

Berrey also said that increased revenue that tribes have now from casinos and other businesses aids them in protecting tribal artifacts and cultural sites.

EarthFix Conversation: Is There Hope For Salmon In Northwest Cities?

Alan Yeakley is the director of the School of the Environment at Portland State University and co-author of Wild Salmonids in the Urbanizing Pacific Northwest. | credit: Courtesy of Portland State University

By Cassandra Profita, OPB

Swimming through cities is a fact of life for many salmon in the Northwest. With all their pavement and pollution, cities add to the challenges salmon face as they make their way to the ocean and back to their spawning grounds.

Alan Yeakley is the director of the School of the Environment at Portland State University and co-author of Wild Salmonids in the Urbanizing Pacific Northwest. The book sets out to answer a key question: Can wild salmon populations coexist with humans in urban areas?

EarthFix reporter Cassandra Profita sat down with Yeakley to talk about exactly why cities are such a problem for salmon and steelhead in the Northwest, and what urban-dwellers can do about it.

Cassandra Profita: Tell me what got you interested in this topic. I think of it as salmon in the city.

Alan Yeakley: When the focus has been so strongly and of course rightly so on the wild land areas, agricultural areas, forested areas, the hinterlands. That’s most of the land surface, the land area, but yet it has always been recognized that these fish have to go through these lethal urban areas. So, any fish going through the entire Willamette Basin has to go through Portland. Any fish going in the Columbia Basin has to at least go through the area between Portland and Vancouver, and with those toxics coming off the streets with the sediments coming in the higher temperatures that city environments create, it’s quite a challenge for fish to go through those areas and yet it represents such a large part of the Pacific Northwest that they have to pass through twice in their lifetime.

Profita: So, are you looking at what challenges salmonids have in urban environments?

Yeakley: Yes, they range across a whole suite of issues. And it ranges from physical impacts from sediment coming into the streams at higher rates coming off of our roads, the toxic elements that are coming in either from automobile exhaust or waste, or from fertilizer that people are applying to their yards, from industrial sites. Just all manner of – you know that toxic soup that is produced from cities that hits these streams.

Every time somebody steps on the brakes in their car – including me. Today I drove my car in so that had some impact on salmon. And we’re all doing this. We’re all having these tiny little impacts that add up. We know from copper in the brake pads that has a sub-lethal effect. In other words, it’s an effect that won’t kill the fish but it will reduce their ability to function, just having some presence of copper in the water that’s coming off those brake pads. So, these everyday practices that we do, watering our lawns too much so that the water doesn’t just soak into the lawn but goes out into the street and moves into the street, particularly if we put too many pesticides, herbicides or insecticides. The insecticides affect the insects in the stream and those insects are part of the salmon’s diet. So any extra insecticides we’re putting in our yards that go into the stream will then affect the fish. These are indirect effects, but they’re still effects.

Profita: Did you look into how salmonid populations are actually doing in urban environments? Did you look at their numbers?

Yeakley: From the city of Portland we work with Chris Prescott. He and others are doing comprehensive surveys of these salmonid populations. They do them on a routine basis every year. trying to understand population levels of salmonids. And recently Chris sent me some data about a month ago, actually, from some some encouraging results for native fish populations in Portland urban streams including salmonids that are on the uptick. So there are some encouraging results from Portland. There are also encouraging results from other cities such as Boise and Seattle and some of the other surrounding metropolitan areas in the Pacific Northwest in terms of some of the salmon numbers coming back. Of course, they’re not in any substantial numbers yet, but at least there is some presence of salmon in some of the area streams now.

Cassandra Profita: Can you tell what kinds of environments are seeing the uptick in salmon and what kinds of areas are not?”

Yeakley: “Yes, where municipal efforts have been most successful and most intense we’re seeing the best return. For instance in the Johnson Creek watershed, there have been a number of very large restoration sites, recovery sites that have been conducted by the city of Portland, the city of Gresham and with some help from other entities. All of these people working together have been able to recover stream segments’ entire floodplain areas, and that’s really notable so they’re to be lauded.

The big challenge, of course, is these habitats are not sufficient still to recover very large populations of salmonids. And they sometimes are not connected together well enough. So there will be a big stretch of nice habitat and then they’ll go through a concrete, very narrow concrete passage like an LA stream-type channel where you don’t have any riparian, any side channels, any overhanging vegetation. So it’s kind of like a Mario game where you have little stretches where the fish are really doing OK and suddenly it gets really tense again and the numbers are not going to not come back very strongly until we reconnect and get rid of some of these really lethal habitats that still remain in their path.

Profita: What have you found needs to change to accommodate fish in urban areas and what’s realistic?

Yeakley: The realistic question is really the challenge. Part of what needs to be done is just what municipalities like the city of Portland are already doing. It just needs to be continued. More of it. Because it’s working but it’s not sufficient for full recovery.

So that’s the first thing. We just need to continue what cities like Seattle, Portland and others are already doing. But then more needs to be done in the same area, so all the streams still in damaged conditions have lots of toxics going into them have lots of nearby homes that don’t have a lot of mitigation, a lot of bioswales or other retention ponds to intercept the pollutants as they come off these urban lawns. Those still need to be continually upgraded in terms of adding more interception of those toxic pollutants and more reduction of the toxic impacts of either the urban residents or of the commercial areas or industrial areas.

Alan Yeakley is the director of the School of the Environment at Portland State University and co-author of Wild Salmonids in the Urbanizing Pacific Northwest.

First Nations ceremonial shaming rite targeted at federal government

An ancient First Nations ritual steeped in symbolism is going to take place in the nation’s capital this summer.

by Carlito Pablo on Jun 25, 2014, Straight.com, Vancouver BC

First Nations carver Beau Dick says a copper shield, like the one he holds, will be shattered in Ottawa in a symbolic gesture of anguish.Carlito Pablo — First Nations carver Beau Dick says a copper shield, like the one he holds, will be shattered in Ottawa in a symbolic gesture of anguish.
Carlito Pablo

A copper shield will be smashed on Parliament Hill, an act believed never to have been done before in Ottawa. Called copper cutting, the ceremonial shaming practice will evoke what many consider to be a broken relationship between the federal government and Canada’s aboriginal people.

“Our coppers are a symbol of justice, a symbol of truth, a symbol of balance,” according to Beau Dick, a renowned carver from Vancouver Island’s Namgis First Nation.

At his UBC studio, the resident artist in the department of art history, visual art, and theory explained that breaking copper constituted an insult in old times.

“It is banishment. It is an expression of extreme disappointment and anguish,” Dick explained to the Georgia Straight.

The ritual, indigenous to Natives of the Pacific Northwest, had not been practised for decades until the 59-year-old artist revived it last year.

After marching for a week from the northern tip of Vancouver Island with relatives and supporters, Dick shattered a copper shield in front of the B.C. legislature in Victoria on February 10, 2013.

During a gathering at UBC later last year to celebrate his artist residency, the idea was born to perform the ceremony in Ottawa. One of those present at that social event was Giindajin Haawasti Guujaaw. Also a famous carver, Guujaaw is a former president of the Council of the Haida Nation.

When aboriginal representatives meet on Parliament Hill on July 27 for the shaming ceremony, it will be Haida copper that will be split.

“We’re facing a federal government here that has shown total disregard for the environment, for the wildlife, for the people of the coast, and we want to express that in the best way that we can and that’s in the breaking of the copper,” Guujaaw told the Straight in a phone interview.

Foremost among the grievances is Ottawa’s recent approval of Enbridge Inc.’s Northern Gateway oil pipeline, a $7.9-billion project that has divided First Nations in B.C.

“It’s a one-show pony over there. They’re only interested in oil,” Guujaaw noted.

The Haida artist also mentioned cutbacks to Fisheries and Oceans Canada undermining the conservation of marine resources that many Native groups rely upon for food and cultural purposes. Guujaaw said he doesn’t expect anything to change on the part of the government anytime soon.

As to what aboriginal people want to put across to Ottawa, Guujaaw said: “The message will be the ceremony.”

In the past, copper was a marker of Native wealth and status, according to Eldon Yellowhorn, chair of SFU’s department of First Nations studies. When chiefs held a potlatch, the metal was given as a gift, said Yellowhorn, who hails from Alberta’s Piikani First Nation.

Although the planned breaking of copper may be symbolic, he noted that it’s indicative of Native sentiment about processes around projects such as oil pipelines. “Many of them feel that they haven’t been consulted,” Yellowhorn told the Straight by phone, “so I’m sure this is a way of illustrating to the government that they’re not pleased.”

Like broken metal, frayed relationships can be restored, but there should be amends, according to Dick. “There has to be atonement,” he said.

On Wednesday (July 2), Dick and Guujaaw will meet at the UBC First Nations House of Learning for ceremonies to kick-start a cross-country journey to Ottawa. Dick’s five-year-old grandson and an almost 90-year-old aunt are coming along.

“We as a First Nation group want to move forward together in unity with our fellow men to create a better world,” Dick said. “I think that this is where we start this notion of reconciliation and unity.”

Navajo Nation Makes Historic Agreement With DHHS to Handle its Tribal Foster Care

Courtesy Navajo NationOn June 27, Navajo Nation Presient Ben Shelly signs the Title IV-E funding agreement with the DHHS. — Courtesy Navajo Nation
On June 27, Navajo Nation Presient Ben Shelly signs the Title IV-E funding agreement with the DHHS.

Suzette Brewer, Indian Country Today

Window Rock, Arizona—On Friday, June 27, the Navajo Nation made an historic pact with the U.S. Department of of Health and Human Services to execute a direct funding agreement through the Title IV-E program under the Social Security Act that will reimburse the tribe and its child welfare agencies for federally eligible foster care, adoptions and guardianships.

The reimbursements cover maintenance, including room and board; administration, including determination of Title IV-E eligibility, placement of the child, development of a case plan, and other administrative duties under the act; and short- and long-term training for the tribe, including child welfare agencies and court personnel. Title IV-E reimbursements are open-ended and are not a grant, according to the DHHS.

The Navajo Nation tribal jurisdiction covers three states: New Mexico, Arizona and Utah, but if a child was placed into state care, each of those states made the eligibility determination and placed the child. Meanwhile, the tribe’s social workers had to plead with each of the three states to return the child to the Navajo jurisdiction to be placed with one of its licensed foster homes. Additionally, the tribe only received funding from the state of New Mexico. Arizona and Utah did not provide Title IV-E reimbursements to the tribe.

Through this agreement with the U.S. Administration for Children and Families, however, the Navajo Nation will now make its own eligibility determinations and home placements within its jurisdictional borders in all three states and receive federal funding to assist the foster families to help in taking care of its own children. In qualifying for this direct funding agreement, the Navajo Nation is setting a national precedent for other tribes to follow.

“The Title IV-E is a model program for other Indian tribes throughout the United States,” said Sharon Begay-McCabe, director of the Navajo Nation Division of Social Services. “Because tribes have an input on how their program will be administered and [how to] incorporate their tribal culture into the plan. Native Americans, including Navajo, believe that children should be raised within their immediate family or within their Indian tribe. The family bond Navajo is their matrilineal clan system and families can exercise these traditional customs by keeping the children in kinship and permanent placement. Our children are the future leaders of our tribes and we must continue to hold them sacredly and keep them safe.”

Begay-McCabe, said that the tribe had been working since 2011 to qualify for the federal funding with a $300,000 planning grant. According to tribal officials, Title IV-E is an annual appropriation with specific eligibility requirements and fixed allowable costs for uses of funds. In fiscal year 2010, the direct funding provision was made available to Indian nations, tribal organizations and tribal consortia with approved plans to operate the program. The Navajo Nation is the first tribe to qualify for the funding.

“The Navajo Division of Social Services requested a one year extension and used its own resources to complete the Title IV-E plan, including the assistance from the Casey Family Foundation,” said Begay-McCabe. “Once the Title IV-E plan was submitted for approval, it took additional time to finally obtain the approval from DHS.”

In addition to the Casey Family Foundation, the tribe also partnered with the Navajo Nation Judicial Branch, Division of Public Safety, Office of the Chief Prosecutor, Office of the Chief Public Defender, Department of Dine’ Education, Division of Health and the Office of the President and Vice President in getting the direct funding agreement approval.

“The Navajo Division of Social Services is the first tribal program in the country to administer the Title IV-E program,” said Navajo Nation President Ben Shelly. “I commend Sharon McCabe and her staff for making this possible. Our kids are important and we must do everything we can to protect them.”

Tribal officials said the program is set to go into effect on October 1, 2014. Until that time, the tribe’s Department of Family Services will begin trainings, which will include the Navajo Nation Courts and other tribal programs that will cover eligibility requirements for the children and families receiving Title IV-E and the requirements of language in the courts’ rulings.

Currently, the tribe only receives funding for six children, but the new program could impact up to 200 Navajo children currently in foster care, said Begay-McCabe.

“Title IV-E enhances tribal sovereignty, [because] the Navajo Nation will receive direct funding from the federal government,” said Begay-McCabe “Before, the Division had to work with the three states – Arizona, New Mexico and Utah – individually to receive Title IV-E. The Division had to follow the process of eligibility, which differs in each state and was not culturally sensitive. Now, the Division will administer the whole Title IV-E program for the tribe, [which] will keep our children safe, provide permanency, and incorporates Navajo culture that will enhance our tribal sovereignty.”

Breaking News – Climate Activists Blockade Oil Terminal, Demand Halt to Crude-By-Rail traffic in Pacific Northwest

By: Global Justice Ecology Project

PORTLAND–This morning, climate justice activists with Portland Rising Tide shut down the ArcLogistics crude oil terminal in Northwest Portland.

Portland resident Irene Majorie, 22, locked herself to a 55-gallon barrel filled with concrete that was placed on the railroad track leading into the facility. Train cars enter from a nearby yard to offload oil into 84 storage tanks, before it is piped onto oceangoing ships bound for West Coast refineries.

Majorie’s arm is locked to a piece of metal rebar embedded in the Attempts by law enforcement to move her and the barrel simultaneously would likely result in grave injury; likewise, any train traffic would threaten her life.

Irene Majorie this morning

“This is about stopping the oil trains,” said Majorie. “But beyond that, it is about an industry and an economic system that places the pursuit of profit before the lives and relationships of human beings seeking survival
and nourishment, and before the communities, ecosystems, and planet of which we are a part.”

Oil trains are coming under increasing scrutiny recently owing to their propensity to derail in fiery explosions. Portland Rising Tide, however, disputes the notion that an oil train is ever safe, since crude oil is only transported to be burned. Whatever the risk of explosion, the guaranteed result is a worsening of the climate crisis, which is already wreaking ecological havoc and claiming human lives.

US crude oil production has risen from ~5 million barrels per day in the late 2000s to ~7 million barrels per day currently. Increased extraction is North Dakota’s Bakken Shale has resulted in a dramatic rise in oil train traffic, with 250% more oil trains traveling Oregon rail lines in 2013 than in the previous year. Governor Kitzhaber has expressed “deep concern” about oil trains but thus far done nothing to stop them.

“Society should be engaged in a rapid, radical decline in fossil fuel use,” said David Bennett. “Instead, policymakers—even those who claim to understand the magnitude of the climate crisis—are forcing us to engage in an absurd conversation about creating ‘safe’ oil trains and building more fossil fuel infrastructure.”

The ArcLogistics terminal, which began operation in January, is one piece of infrastructure facilitating increased oil production. When ongoing construction is completed, the facility will have the capacity to transport 16,250 barrels of oil per day.

In April, Portland Rising Tide entered the Oregon Department of Environmental Quality’s offices in downtown Portland, issued termination letters to employees at their desks, and announced the formation of a new People’s Agency, which would carry out DEQ’s mandate free of corporate influence. This is the first enforcement action of the nascent agency.

“If our policymakers listened, we would demand an immediate halt to oil train traffic in Oregon and the closure of all crude oil terminals,” said Emma Gould. “Since they don’t, we’re halting oil trains ourselves.”

Activists at the ArcLogistics crude oil terminal in Northwest Portland today.

Could An Alliance Of Tribes And Farmers Solve Klamath’s Water Woes?

The Klamath Basin spans northern California and southern Oregon and has seen frequent water crises between the farming, ranching, tribal and environmental communities. | credit: Devan Schwartz

By Devan Schwartz, OPB

A second straight year of water shutoffs in the arid Klamath Basin is drying up ranchland and forcing many ranchers to sell their cattle early.

But the water woes have created an unlikely alliance that could lead to a historic solution.

Scott White is the Klamath Basin watermaster. He has the difficult task of telling ranchers to turn off the water they use for cattle and crops.

“It was probably one of the hardest things that I’ve ever had to do – it was a terrible feeling,” said White.

After decades of court wrangling, state water rights became enforceable in the Klamath Basin last year.

Klamath Basin Water Rights

This is how it plays out. Those with the oldest rights make a call to the state of Oregon for the amount of water they’re legally granted. Until those amounts are met, the watermaster shuts off so-called junior water users.

“It was extremely difficult when you’re driving up and down doing your follow-up and seeing all those fields dry up and folks aren’t out working the fields,” White said.

In drought years like last year and this year, that means a lot of spigots turned off, a lot of fields going dry.

So who are the senior water users? In the Klamath Basin, it’s two main parties: a group of farmers from a federal agricultural project and the Klamath Tribes.

When project farmers make a call, water is diverted from Upper Klamath Lake to fields of onions, potatoes, mint, horseradish and grains.

Tribal water rights are a different story. Their water is kept in tributaries to the lake rather than going to ranches. That extra water is meant to improve stream health for fishing and gathering on former tribal lands.

Don Gentry, chairman of the Klamath Tribes, says the long-term goal is restoring waterways for the return of salmon. Four hydroelectric dams on the Klamath River have blocked salmon passage for nearly 100 years.

Don Gentry

“I’m always aware of the fact that we don’t have salmon up here anymore,” Genry said. “A number of our tribal members, elders, people that have gone on and aren’t with us here today, talk about the importance of those fisheries and where they caught the fish at.”

2001: A Bad Year In The Klamath Basin

In the flashpoint summer of 2001, the tribes and farmers were in strong opposition. The government kept water in the river system to support fish while project farmers saw their irrigation water shut off.

The bad blood ran deep — with threats of violence and antagonistic signs lining the highway.

For a long time, the tribes and farmers say they could barely sit down at the same table. Now they’re more united than ever.

Both groups support a bill that would remove the Klamath River dams, stabilize the basin’s water supplies and do wide-scale environmental restoration.

Gentry sees great upsides for the tribes. “We really believe that what we’ve built into this is going to help us immeasurably to restore our fish,” he said.

Greg Addington represents Klamath Project farmers. He says the bill would benefit many Klamath Basin stakeholders who joined an agreement to make it happen.

The Klamath Agreements

“This agreement doesn’t make more water,” Addington said. “What it does is it gives people more certainty. So, we’d be knowing early in the season what our amount of water is so that we would avoid involuntary shortages — and that’s really the big thing.”

Addington says the Klamath Tribes made the first move in their partnership. “They were the ones also that came to the table and said, ‘Look, there’s a better way — and a way to share water.’”

Many ranchers were holdouts. They hoped to be awarded the best water rights. When the tribes and the project farmers prevailed, the incentive to stay outside the tent evaporated.

Support for the legislation now includes a majority of those ranchers. So even in a drought year with widespread water shutoffs in the Klamath Basin, there’s hope for a solution.

An Unprecedented Environmental Solution?

Experts say that solution would have historical and ecological significance. This includes Michael Hughes, who directs the environmental sciences program at Oregon Institute of Technology in Klamath Falls, Oregon.

Waterfowl at Klamath Lake. Credit: Flickr

“This has never happened in our country — and to my knowledge it hasn’t happened anywhere in the world,” Hughes said.

He argues that the Klamath Basin’s natural resource challenges are more complex than any in the nation’s history. That includes Chesapeake Bay, the Mississippi River Delta, the Colorado River, or even the Columbia River here in the Northwest.

“Each of them is overshadowed in some way or another by what’s happening in the Klamath,” he said.

No Easy Path For Solving Klamath’s Water Woes

Solving the Klamath Basin’s water woes would be a major accomplishment. And even with some momentum, it remains a difficult one.

A related bill was introduced in Congress in 2011, but it didn’t go anywhere. An updated, more economical version — still about a half billion dollars — is headed for a likely Senate vote this year. It carries support from all four of Oregon and California’s senators.

But the hurdle of a divided Congress remains a very real one. Some conservation groups say the bill doesn’t go far enough for parched wildlife refuges in the Klamath Basin. And some ranchers are still fighting in court for better water rights.

In the meantime, watermaster Scott White will keep telling water users to turn off their spigots.

White says he wishes the situation was different — whether through a political solution or even a few more rainstorms.

“If I could put something on my wish-list, the next 10 years would be extremely wet,” White said. “I can’t remember the last time I got a phone call complaining about too much water.”

Fireworks laws meant to keep people safe on July 4

Sales of fireworks have already begun at Boom City on the Tulalip Reservation. Other fireworks stands will begin sales off the reservation starting June 28.— image credit: Brandon Adam — Sales of fireworks have already begun at Boom City on the Tulalip Reservation. Other fireworks stands will begin sales off the reservation starting June 28.
— image credit: Brandon Adam

By Kirk Boxleitner, Arlington Times

While Arlington and Marysville encourage citizens to celebrate the Fourth of July, the cities’ police officers and firefighters want to make sure those who use fireworks do so safely and legally.

Arlington allows fireworks to be sold from 9 a.m. to 9 p.m. on Saturday, June 28, through Friday, July 4, whereas Marysville allows sales from noon to 11 p.m. on June 28 and from 9 a.m. to 11 p.m. from Sunday, June 29, through July 4.

Marysville residents may discharge fireworks only between 9 a.m. and 11 p.m. July 4, while Arlington residents may discharge fireworks between 9 a.m. and midnight that day. Neither city allows residents to discharge fireworks any other day, outside of New Year’s, and both cities limit their legal fireworks to Class C, or “safe and sane” fireworks.

Native American reservations may sell fireworks that do not conform to those laws, but such fireworks must be detonated on reservation lands. The fireworks stands of “Boom City” on the Tulalip Tribal Reservation provide a lighting and detonation area on site for customers. Security personnel will monitor the area to ensure that children age 12 and younger have adults age 18 or older present.

Fireworks that are illegal off tribal lands include bottle rockets, skyrockets, missiles and firecrackers. M-80s and larger, as well as dynamite and any improvised, homemade or altered explosive devices, such as tennis balls, sparkler bombs or cherry bombs, are likewise illegal. Anyone who possesses or uses such illegal devices can expect to be charged with a felony.

State Fire Marshal Charles Duffy is reminding Washingtonians that the purchase of fireworks over the Internet is illegal. Fireworks must be purchased from a licensed retail fireworks stand during the legal sales period.

In its online list of tips to the public, the Arlington Fire Department noted that illegal fireworks are often unpackaged and wrapped in plain brown paper, and warned against purchasing any fireworks that are not in their original packages, or are in opened or damaged packages.

Marysville police are taking enforcement seriously. Up until two years ago, they mainly issued warnings to those caught with illegal fireworks. “Warnings weren’t effective in ending the activity,” Marysville Police Cmdr. Robb Lamoureux said. “Anyone caught with illegal fireworks will be cited, and the fireworks will be confiscated.”

Under state law, possession or discharge of illegal fireworks is a misdemeanor punishable by a fine of up to $1,000, up to a year in jail and a mandatory court appearance.

City Public Information Officer Doug Buell pointed out that Marysville police can issue criminal citations to violators or civil citations, the latter similar to a speeding ticket. Lamoureux explained that such civil infractions enable officers to spend more time on the streets responding to fireworks complaints, and less time processing paperwork.

He added that Marysville police plan to have more officers on duty during this year’s Fourth of July, and emphasized that the safety of individuals and property is of utmost concern. “We have seen too many instances elsewhere and over the years where celebrations quickly turned to tragedy for families, especially where children and teenagers are involved,” Lamoureux said.

Although Arlington Fire Deputy Chief Tom Cooper believes that Arlington police and fire personnel are more likely to try and educate those using illegal fireworks, he warned that they will likely be more proactive and visible in various neighborhoods that have experienced problems with fireworks before.

“As much as the Fourth of July is a patriotic holiday, there are more than a few veterans who have a hard time dealing with fireworks because of their experiences,” Cooper said. “If people limit their fireworks activities to the Fourth, it allows those folks, as well as those who own easily spooked pets, to make arrangements.”

Officials in both cities urge Fourth of July revelers to clean up their fireworks. “After you light it up, clean it up,” Buell said. “Discarded fireworks the days after the Fourth are a neighborhood and community eyesore, and smoldering fireworks can still pose a fire hazard if you don’t get rid of them properly.”

To dispose of spent fireworks properly, the Arlington Fire Department advises that people let their used fireworks lay on the ground until they are cool, and there is no chance that any residue will reignite, after which they should place all the expended firework cases in a bucket of water. Those who use fireworks should keep a bucket of water or a running water hose close by.

“We want people in our community to enjoy fireworks and the Fourth, but we want them to do so safely, which is why we’re encouraging them to attend public fireworks shows, like the one at the Arlington Boys & Girls Club,” Cooper said. “Those shows are professional, well-organized, safe and, at least in Arlington, free.”

Cooper cautioned against treating certain fireworks dismissively because of their size. “People tend to think that smaller fireworks are less dangerous,” Cooper said. “That’s how they get injured, from standing too close to those fireworks, or over them, or even by holding bottle rockets with their bare hands.”

Warrant issued for sex offender last seen locally

A felony arrest warrant has been issued for Kevin Scott Miller, a 45 year-old transient Level III sex offender who recently has been seen in Arlington and Marysville.

Miller is wanted for failure to register as a sex offender with Snohomish County Sheriff’s Office detectives. He is 6-foot tall, weighs 175 pounds, and has brown hair and blue eyes. Anyone with information about Miller’s whereabouts is asked to call 911.

In 1995, Miller was accused of picking up a 14-year-old girl and attempting to strangle her with a rope and sexually assaulting her. In a second incident that year, he befriended an adult woman he met in a nightclub, took her into a secluded area, attempted to strangle her with a rope, and physically assaulted the woman.

Archaeologists find 25 quipus at Inca site in Peru

June 25, 2014

Andina Peru This Week

Quipus where used as a form of record-keeping in Inca society, which had no written language.

A set of twenty-five well-preserved quipus were found in the archaeological complex of Incahuasi, south of Lima, Alejandro Chu, archaeologist in charge of the site reported on Tuesday.

Chu told Andina News Agency that this is a major finding as the quipus were found in warehouses or kallancas and not in a funerary context, as most discoveries in the past, “what makes us believe they were used for administrative purposes”.

According to the Peruvian archaeologist, these objects, used by the Inca empire and previous societies in the Andean region, have different sizes ~~the longest measures 3 meters~~ and they have multiple knotted strings of different colors.

Incahuasi or Inca house, located 29.5 kilometers south to the Cañete-Lunahuana highway- is the most important and strategic city built by the Incas in the valley of Lunahuana.

Quipus

With no written language, the Inca devised a tool for recording the movement of people and goods. A quipu is essentially a group of wool and cotton strings tied together.

The strings are dyed in many different colors, and they are joined together in many different manners and they have a wide variety and number of knots tied in them. Together the type of wool, the colors, the knots and the joins hold information that was once readable by several South American societies.

Many of these quipus were destroyed by the Spanish conquistadors in the 16th century, but approximately 200 of them dating no earlier than about 650 AD have been found.

Although archaeologists do not all agree about the function of the knotted strings, one fairly compelling argument is that the quipu was a method of record keeping.