Wells Dam, 2002

File — Box: 379

Staff Only

Scope and Contents

The Colville Reservation is bounded on the east and south by the Columbia River and on the west by the Okanogan River. The tribe has always claimed that it owned to the middle of the rivers. In 1962 the Federal Power Commission issued a license to the Douglas County Public Utility District (PUD)to construct a hydroelectric dam a few miles south of the confluence of the Columbia and Okanogan Rivers. By 1967 Wells Dam was generating power. The Colville Tribe almost immediately began negotiations with the PUD, demanding a portion of the hydroelectric revenue. After a Supreme Court Decision in , tribal attorneys worried about their chances in court and negotiations ceased. After the Coeur d'Alene Tribe's victory in , a case in which Hart was the lead witness for the United States, the Colville Tribe hired him to research whether their ownership extended to the middle of the rivers. In 2002, Hart completed an extensive report, in which he concluded they did own to the middle of the rivers. The Tribe approached the PUD and said that if a settlement was not reached, they would litigate. The two parties agreed to negotiate for a year and see if a settlement was possible. Hart completed a shorter negotiation report and submitted it to the PUD and eighteen months of negotiation followed. The PUD eventually agreed that the tribe owned to the middle of the river, and was entitled to revenue from about 11% of the pool. In October 2004, the tribe and PUD reached a settlement. The tribe received land, about $20 million dollars, and 5 1/2% of the annual revenue for about 50 years. The annual payment this year was $10 million. Information submitted by an economist concluded the settlement had a total value of about $500 million.

Dates

2002

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