Judges hear Washington challenge to fish-passage ruling

SEATTLE (AP) — In a case that could have implications for dams and development in the Northwest, federal appeals judges heard arguments Friday about whether Washington state should have to spend billions of dollars to replace large pipes that allow streams to pass under roadways — but which also block salmon from migrating upstream to their spawning grounds.

The lawsuit is the latest twist in more than 40 years of litigation between Washington and Native American tribes over fishing rights since a federal court decision guaranteed the tribes the right to half of Northwest salmon harvest.

[...] Martinez's 2013 order is far too sweeping and expensive, and would force the state to focus on fixing culverts even when salmon-restoration dollars could be spent more effectively elsewhere, state Solicitor General Noah Purcell told the three-judge 9th Circuit Court of Appeals panel Friday.

The state's court filings pointed to Boeing's and the Port of Seattle's activities on the Duwamish River as other potential targets of litigation.

The state sought in the lower court to require the feds to help pay for the culvert replacement if the state was ordered to fix them; that request was denied.