Most of California’s major rivers and streams support dams to provide hydropower, but the process by which they are licensed is being reconsidered by the U.S. House of Representatives. A bill that designates the Federal Energy Regulatory Commission (FERC) as the principal agency in relicensing hydropower dams faced opposition from key environmental and outdoor advocates that are part of the California Hydropower Reform Coalition (CHRC). Specifically, the legislation empowers the FERC to overrule various environmental organizations, such as the U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service and California State Water Resources Control Board, in their decision process.

Opponents of the legislation are concerned that conflicting interests could impair the process since fish and land welfare groups would be subject to the rulings of an organization whose primary purpose is to evaluate and approve energy projects. Instead, CHRC supports negotiations with the National Hydropower Association to determine the optimal methods to improve dams while taking into account the health and welfare of water and wildlife, and the preservation of recreational opportunities. Another concern for bill opponents, such as Friends of the River, is a proposed amendment introduced in September, 2015, which empowers FERC to selectively curtail the scope of its environmental review.

Nevertheless, bill proponents have maintained that the goal of the legislation is to accelerate the relicensing process for hydropower dams, which typically lasts from eight to ten years.  Approximately 250 dams must be relicensed within the next ten years.

Environmentalists view the relicensing process as a rare opportunity to compel private companies to enhance their operations to better conform to current clean water and other environmental regulations. The process of relicensing hydropower dams occurs only once every 30 to 50 years according to advocacy groups.

Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about his practice.