Idaho tribes ask to intervene in Hells Canyon relicensing

A southeastern Idaho tribe is seeking to intervene in an Idaho utility’s attempt to negate an Oregon law requiring fish passage as part of relicensing for a hydroelectric project on the Snake River.

The Shoshone-Bannock Tribes on Tuesday filed documents with the U.S. Court of Appeals for the District of Columbia Circuit seeking to intervene in support of the Federal Energy Regulatory Commission.

Idaho Power in February petitioned the appeals court to review a 2017 decision by the commission dismissing the Boise-based utility’s request that it exempt the three-dam Hells Canyon Complex from an Oregon law requiring fish passage as part of relicensing.

The tribes cite their 1868 Treaty of Fort Bridger with the U.S. government giving members off-reservation hunting and fishing rights as one of the reasons to intervene.