While the "Culver: decision is a big finical hit for the State and will create significant heartburn it really is small potatoes for what may be coming down the road. This decision is just the first stone in the laying of a legal precedent for a strong tribal position of insuring stronger runs of salmon to assure their fishing access to them. Look over the next few years for water rights, forest practices, water quality, etc. to become the focus of assuring more salmon. This approach will assure much more robust fish populations that would ever be possible under ESA.

The really interesting aspect of this whole case is where will it go if and I believe when the tribes go after the US government once their legal foundation is solidly laid. I would think they would have a strong position for reduce interception of Puget Sound Chinook and coho stocks under the US/Canada salmon treaty. A number of other Federal actions or permitted actions (such as the operation of various dams) also have the potential to be vulnerable to this kind of action.

This case has always been more about the legal precedent that producing more fish. The vast majority of the culverts covered under the decision are on smaller streams and as such are likely to produce more coho than ESA listed Chinook.

Curt