Still, nothing has been agreed to that would include or exclude the possibility of using Plant No. 1 should Washington's proposal be selected. Already, a bill headed to Washington Gov. Gary Locke's desk would allow the site to be transferred from Energy Northwest to local governments. But a provision that would have allowed the transfer of the site's existing water right was taken from the bill. That could effectively neutralize attempts to market the facility. It would be the kingpin of a site transfer.
Ecology sees two problems with transferring the water right.
First, because the water right never has been used, it effectively would draw more water from the Columbia River than what already is being taken. Second, there may be no water right to transfer in the first place. The state requires the relinquishment of all water rights not used for five straight years. There isn't a right to be discussing. Instead, Ecology may help local governments find a water right for the site.