Round Valley Indian Tribes Intervene in Pacific Gas and Electric Company's Flow Modification Application

Strategic Insights -

The Round Valley Indian Tribes have filed a motion to intervene in Pacific Gas and Electric Company's (PG&E) application to modify the minimum flow requirements for the Potter Valley Project. The Tribes assert that they have a significant interest in the proceeding, as the project affects their water rights and fishing rights on the Eel River. The Tribes' intervention is necessary to protect their unique history, cultural connections, and perspective on the Eel River, which is critical to their culture and identity.

The Tribes' motion is supported by their comments in favor of PG&E's request for a 2025 Minimum Instream Temporary Flow Amendment Request. The Tribes urge the Commission to act swiftly and approve the implementation of the Temporary Amendment Request to avoid further degradation to the Eel River. They argue that maintaining and proactively managing adequate storage in Lake Pillsbury is crucial to protecting the Eel River fishery and ESA-listed fish species.

Key Takeaways:

  • The Round Valley Indian Tribes have filed a motion to intervene in Pacific Gas and Electric Company's (PG&E) application to modify the minimum flow requirements for the Potter Valley Project.
  • The Tribes assert their significant interest in the proceeding, citing their unadjudicated and unquantified federal water rights and fishing rights derived by implication from the creation of the Reservation by the United States.
  • The Tribes request the Commission to expedite approval of the Temporary Amendment Request for 2025 to reduce the risk of negative impacts to the Tribes' interests in a healthy Eel River fishery.
  • The Tribes' comments support PG&E's request for a 2025 Minimum Instream Temporary Flow Amendment Request, which aims to address Lake Pillsbury reservoir elevation levels, water temperature releases, and modified releases and diversion amounts.
  • The Commission has appointed a trust duty to ensure that tribal concerns and interests are considered in the proceeding.
  • The Round Valley Indian Tribes rely on the Eel River and its fisheries for their culture and identity, and the degradation of the river would have significant negative impacts on their tribe.

Statistics:

  • The Round Valley Tribe's Reservation is comprised of approximately 30,000 acres.
  • The Tribes' unadjudicated and unquantified federal water rights are derived by implication from the creation of the Reservation.
  • The Tribes' history of reliance on the Eel River dates back to time immemorial.
  • The 2025 Temporary Amendment Request seeks to address Lake Pillsbury reservoir elevation levels, water temperature releases, and modified releases and diversion amounts.
  • The Tribal consultation policy of the Commission ensures that tribal concerns and interests are considered in the proceeding.

Sources:

  • Round Valley Indian Tribes. (2025). Motion to Intervene and Comments by the Round Valley Indian Tribes.
  • Pacific Gas and Electric Company. (2025). Notice of Application for Temporary Flow Modification Accepted for Filing, Soliciting Comments, Motions to Intervene, and Protests, Project No. 77-323.
  • 18 C.F.R. § 2.1c.
  • Covelo Indian Community v. F.E.R.C., 895 F. 2d 581, 586 (9th Cir. 1990).
  • United States v. Abouselman, 976 F. 3d 1146 (10th Cir. 2020).
  • Baley v. United States, 942 F. 3d 1312 (Fed. Cir. 2019).
  • Parravano v. Babbitt, 70 F. 3d 539 (9th Cir. 1995).