The Council rejected the CBFWA proposed flow rates because it found that the recommended flows would adversely affect resident fish and wildlife, reservoir refill, and would not assure the region an adequate, efficient, economical, and reliable power supply.(170) This reasoning is a permissible basis for rejecting a recommendation of a fishery management agency or tribe under the Act.(171) However, the Council did not explain in writing the basis for its finding that the power supply would be so affected, as required by the Act.(172) It also appears that the Council made this determination considering only the feasibility of providing these flows in the short term.
Columbia Basin Fish and Wildlife Authority, Proposed Mainstem flows for Columbia Basin Anadromous Fish (March 1990) (the Columbia Basin Fish and Wildlife Authority (CBFWA) is a coalition that represents seven state and federal fish and wildlife agencies and thirteen Indian Tribes).
This nonmandatory water budget approach is quite different from the required flows recommended in the CBFWA flow proposal, and is a subject of litigation instituted by the Yakima Indian Nation and environmental groups, challenging the adequacy of the Council's 1991 amendments.