7928 - Laserfiche WebLink

Home Browse Search

FINDINGS Eastman Falls Project Located on the Merrimack River in New Hampshire, this project is distinctive in that it was one negotiation within the larger framework of the Merrimack River Comprehensive Fish Passage Plan. The major issue was up- and downstream fish passage. As part of negotiations on the Comprehensive Plan a requirement for the project operator to install fish passage facilities had been discussed and agreed upon before the application for a renewal license on the Eastman Falls project was filed. As a result of these earlier discussions, there was a great deal of clarity on technical issues before the license consultation began. Through the Comprehensive Plan, the parties had developed a clear understanding of the scope and scale of the issues, as well as the appropriate methods to resolve those issues. Comments from two respondents illustrate the clarity of technical issues: Yeah, I think there was agreement on the technical issues, both with respect to instream flow and fish passage. As I said, there was agreement on the method to be used. Technical issues [were] very clear, just from the things that I've cited in the application, that they agreed before they even met with us...when I read this, I was pleased... Basically, my little notes in the margin here were `concur, concur.' The respondents' rating of a high level of technical clarity is illustrated further by the numerical scores. The average score for technical clarity in the consultation was 8.5. This does not mean there were no technical controversies. For example, controversy surrounded the technical responsibilities of the parties, specifically in terms of jurisdiction. Members of the Technical Committee for the Comprehensive Plan formulated recommendations which they passed on to the Policy Committee. The Policy Committee, in turn, constructed the Comprehensive Plan. In the Eastman Falls consultations that followed, the negotiators were bound to adhere to the terms of the Comprehensive Plan. However, some Eastman Falls negotiators believed that they should have been part of the Technical Committee because they were the appropriate parties to provide input on technical issues and boundaries. In fact, the usual practice was for these negotiators to take the lead in formulating technical recommendations, and the reversal in roles was a stumbling block in completing the consultation. We judged this negotiation to be successful. There was complete agreement on resolution of the issues and a strong commitment to implement. All parties were willing to negotiate again and respondents reported that relationships improved. Success scores range from 7-10. Koma Kulshan Proiect Like the Eastman Falls project, Koma Kulshan had a distinctive characteristic. This characteristic was that the consultations' main issues--streamflow (i.e., How much water should remain in the bypassed reach?), sedimentation (i.e., How much sediment would be washed into a downstream lake?), and public access to the small reservoir created by the project--were fully resolved. The respondents credited this to the fact that the physical and biological impacts of the project were expected to be minimal. Once the parties realized the straightforward nature of the environmental effects little conflict ensued. Developing that realization was not easy. Agreeing on a resolution required numerous meetings over several years in which the participants learned to work together, developed a shared technical understanding of project operations (including the difference between pre- and post-project conditions), and constructed a solution. One respondent summarized technical clarity well when he said: [I]t [cumulative impact assessment] is a valid issue. What I did have trouble with is that no one could really define what they meant by `cumulative impact.' I'd say `O.K., what do you want us to do?; What is it that you're really concerned aboutY When we finally did get things pinned down, it came down to sediment, that was the major thing; that was something that was tractable.