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In modern times the Courts, the Congress, and both Republican and Democratic 

 Administrations have recognized Indian reserved fishing rights in the Trinity River fishery. 

 When Congress authorized the Trinity Division of the Central Valley Project in 1 955 (69 

 Stat. 719), it required that in-stream flows be maintained for the "preservation and 

 propagation of fish and wildlife" in the Trinity River. \&, % 2. Nonetheless, the Trinity 

 Division eliminated spawning habitat in 109 river miles of the Trinity Basin and resulted 

 in the diversion to the Central Valley of up to 90 percent of the average annual discharge 

 of the Trinity River at Lewiston Dam impounded by the Trinity Division. 



Despite Congress' clear intent to the contrary, the rights and needs of the Indian 

 and non-Indian citizens of the Trinity River basin to fish, wildlife, and water resources were 

 completely subordinated by the Bureau of Reclamation to the demands of the CVP. The 

 once abundant salmon fishery to which the Tribes in the basin own reserved fishing rights 

 and which was a mainstay of the Pacific Coast commercial fishing industry was nearly 

 destroyed. The Trinity River is now incapable of supplying the ceremonial and subsistence 

 needs of the Tribes, let alone supporting Tribal commercial fisheries, which tlie Tribes have 

 not had in five years. 



Each Tribe in the Commission has made a commitment to fishery restoration 

 through the establishment of Tribal fishery agencies that conduct research, manage Tribal 

 fisheries and participate in intergovernmental management programs with State and 

 Federal agencies. For our part the Hoopa Valley Tribe has established a timber harvest 

 management plan that is heavily oriented to watershed protection by the establishment 

 of conservative stream side protection zones. In doing so the Tribe will forego future 

 timber revenues with a present value of $50 million. 



3. Legislative. Administrative and Judicial actions to restore the Trinity River 



As the impacts of the Trinity Division's exportation of water to the Central Valley 

 became clear, the Tribes and their non-Indian neighbors demanded enforcement, which 

 was required by the Act of 1 995 for the release of water to the Trinity River. In 1 981 , 

 the Secretary of the Interior ordered a reduction in exports (annual in-stream flow releases 

 were increased from 120,000 A.F. to 340,000 A.F.) to the Central Valley and began a 

 long-term study to determine the water supply needed for the Trinity River fishery. 



In 1 984, Congress enacted Public Law 98-541 to provide for the restoration of the 

 fish and wildlife resources damaged by the construction and operation of the Triitity 

 Division. The 1984 Act directed the Secretary to develop a management plan to restore 

 fish and wildlife populations in the basin to those levels that existed prior to the 

 construction of the Trinity Division facilities. 



The 1 984 Act atso established the Trinity River Task Force, which was composed 

 of Federal, State, County and Tribal representatives. For the first time. Congress 

 established a statutory role for Tribal and County officials from the Trinity Basin in the 



Testimony by Pliny Mc Covey, Sr., on HR 1906 

 July 20, 1995 

 Page 2 



