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Excerpted from "Albeni Falls Project: Discussion of Local Problems," Corps of Engineers, Seattle District, Seattle, Washington, October, 1950

SPECIAL PROBLEMS

Albeni Falls Dam differs from the majority of reservoir projects in one important particular. Rather than creating a new reservoir, it will use an existing lake for storage. In accordance with the wishes of the people of Idaho, expressed at public hearings, Pend Oreille Lake will be regulated only within the limits it now reaches frequently.

The proposed storage level of Pend Oreille Lake, 2,062.5 feet above sea level, has been reached or exceeded in about one-half the years of recorded lake stages. This elevation closely approximates the average annual flood peak stage. It is 4.7 feet lower than the 1950 maximum and 9.3 feet lower than the peak reached in June 1948. The highest lake elevation known was that of 1894, estimated at 2,076.1 feet.

The controlled elevation of 2,062.5 will be maintained after the lake has receded from higher stages in the spring, or the elevation will be brought up to 2,062.5 by impoundment in years when otherwise it would not be that high, held steady at 2,062.5 during the summer months. Storage will be released between October and April to meet the needs of power and navigation. The lowest elevation to which the lake will be brawn is about that which it naturally reaches.

Acquisition of lands or flowage rights. – Usually when the Government builds a new reservoir project, lands and improvements in the reservoir area are purchased outright. In the case of Albeni Falls project, where a new reservoir will not be formed but an existing lake will be controlled to provide storage, most property owners adjoining the lake will probably prefer to retain title to their property. Under this plan, "flowage" rights to store water in the lake according to the plan of operation of the project will be acquired by the Government wherever necessary in accordance with law. Title to the land and the right to use it in any way not conflicting with the storage regulation of the lake will remain with the owner.

At the dam site itself, and in those cases, if any, where entire ownership adjoining the lake are made unfit for other use by reason of reservoir regulation, such lands may be purchased outright by the Government. The number of tracts to be purchased outright is comparatively small.

The general practice of the Corps of Engineers is acquiring lands or rights in land for Government use is to employ either staff appraisers or local appraisers, or both, to determine the fair compensation that can be offered property owners. In the case of Albeni Falls project, it is planned to have these appraisals reviewed by a three-man board. The board will be selected from the vicinity of the projects and be persons of sound judgement, well versed in land values and in accepted appraisal practices.

An offer based on the appraisal is made to the landowner for the purposes of arriving at a voluntary settlement. Every effort is made to reach an agreement providing just and adequate compensation for the owner, and the owner is not compelled to sell at a price which he deems inadequate. On the other hand, the Government cannot pay a price which is considered to be unreasonable. In those instances when mutually satisfactory agreements cannot be reached by direct negotiation, the values are fixed by judicial process. The determination of value in this manner is believed to be fair to both the property owner and the Government. The fact that the court commissioners or jury members are local people appears to be an adequate safeguard of the interests of the property owner.