1. United States vs. State of Washington – Fish Passage Barriers Walt Olsen, PE Deputy Director 2404 Chandler CT SW, Ste240 Olympia, WA 98504-0913 360.753.5989 Cell # 360.485.3133 walt.olsen@crab.wa.gov

2. United States vs. State of Washington – Fish Passage Barriers Gov. Stevens signs treaties w/ Puget Sound tribes. Treaty of Medicine Creek – December, 1854 Nisqually,Puyallup and other South Sound tribes Treaty of Point Elliot – January, 1855 Skagit,Snohomish,Swinomish and other North Sound tribes Treaty of Point No Point – January, 1855 S’Klallam,Elwha,Skokomish and other South Peninsula tribes Quinault Treaty – January, 1856 Quinault, Quillayute, Makah and other North Peninsula tribes

3. United States vs. State of Washington – Fish Passage Barriers All treaties reserved …. “the right of taking fish at all usual and accustomed grounds and stations is secured to said Indians in common with all citizens of the Territory…”

4. United States vs. State of Washington – Fish Passage Barriers February 12, 1974 United States v. State of Washington “The Boldt Decision” Injunction Article #8… “…the state has the responsibility for conserving the resources ….in order to safeguard the fish resources in the state from depletion …

5. United States vs. State of Washington – Fish Passage Barriers 1979 - U.S. Supreme Court affirms Boldt Decision. 1980 - U.S. District Court sides with tribes in habitat regulation. 1985 - 9 th Circuit Court validates Boldt Decision, but found no evidence of State treaty violations. 2001 - Tribes sued to force Washington State to stop construction and maintenance of culverts under State roads that degrade fish habitat and reduced numbers of harvestable fish.

6. United States vs. State of Washington – Fish Passage Barriers February 2002 – Judge directed U.S. and State work out an agreement along two tracks: 1.Technical Issues – Develop a Plan for: How many, Where, What to do, etc. 2.Policy/Legal – Priority, $’s, Legal Basis for Plan AG Office is negotiating now and seeking input from Counties and Cities for settlement by October 2002, with possible extensions

7. United States vs. State of Washington – Fish Passage Barrier SO, WHERE THE HECK ARE WE? 1.WSDOT Statewide Inventory of Fish Barriers – completed by 12/07 2.498 known barriers (1158 projected barriers) 3.233 in case area (750 projected) 4.Ave. $ to correct @ current std- $250,000 5.58 Million $ in case area (187 M$ statewide)

8. United States vs. State of Washington – Fish Passage Barriers SO, WHERE THE HECK ARE WE? (cont’d) 6.New Standard for culverts – Stream Simulation 7.Countersunk & 1.2 x Stream Width 8.New Standard = 3X Correction $! 9.Rate of Correction – 40 per year for 20 years! 10.Impact to Counties could be ENORMOUS!!!

9. United States vs. State of Washington – Fish Passage Barriers