Accepting comments from August 24, 2026, to October 8, 2026.
The Idaho Department of Environmental Quality (DEQ) seeks comment on a draft Section 401 Water Quality Certification for the Ashton Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. P-2381.
The Project is located on the Henry’s Fork, approximately 2 miles west of the town of Ashton. This draft certification is in response to the Final License Exemption Application submitted to FERC on December 16, 2025, by PacifiCorp. DEQ received a water quality certification request on January 15, 2026, pursuant to Clean Water Act § 401, for the exemption from licensing for the Ashton Hydroelectric Project, FERC Project No. 2381. Under § 401 of the federal Clean Water Act, the project must be certified by the state within 1 year of receipt of the certification request before it can be approved by FERC. Exemptions are issued in perpetuity.
Based upon review of the above-referenced application and other relevant information, DEQ certifies that, if the licensee complies with the terms and conditions imposed by the FERC license, and the conditions set forth in this water quality certification, then there is reasonable assurance for DEQ to conclude that the licensed activities will comply with water quality requirements, including applicable requirements of the Clean Water Act Sections 301, 302, 303, 306, and 307, Idaho’s Water Quality Standards (IDAPA 58.01.02), and other appropriate water quality requirements of Idaho state law.
The draft certification is available for review at DEQ’s Idaho Falls Regional Office and DEQ’s Public Comment Opportunities web page. A public hearing will be provided if a written request is submitted on or before September 7, 2026. To request a meeting or hearing, contact Alex Bell at alex.bell@deq.idaho.gov or by phone at (208) 528-2679. Documents relating to the license application can be reviewed by accessing FERC’s eLibrary via docket number P-5089. Written comments will be accepted through October 8, 2026 at 5 p.m. Mountain Time.
Submit comments electronically on DEQ’s website or by mail or email to:
Alex Bell
900 N. Skyline Drive, Suite B
Idaho Falls, ID 83402
alex.bell@deq.idaho.gov
Related Documents
Accessibility Services: The Idaho Department of Environmental Quality will provide reasonable language access services and/or disability services for documents at no charge. To request an accommodation under Title VI of the Civil Rights Act of 1964 or Americans with Disabilities Act, contact DEQ’s nondiscrimination coordinator at (208) 373-0271 or accessibility@deq.idaho.gov. Para obtener información en español, visite https://www.deq.idaho.gov/about-us/accessibility/.
Official Government Website
DEQ seeks comment on draft 401 water quality certification for Ashton Hydroelectric Project No. P-2381
Accepting comments from August 24, 2026, to October 8, 2026.
The Idaho Department of Environmental Quality (DEQ) seeks comment on a draft Section 401 Water Quality Certification for the Ashton Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. P-2381.
The Project is located on the Henry’s Fork, approximately 2 miles west of the town of Ashton. This draft certification is in response to the Final License Exemption Application submitted to FERC on December 16, 2025, by PacifiCorp. DEQ received a water quality certification request on January 15, 2026, pursuant to Clean Water Act § 401, for the exemption from licensing for the Ashton Hydroelectric Project, FERC Project No. 2381. Under § 401 of the federal Clean Water Act, the project must be certified by the state within 1 year of receipt of the certification request before it can be approved by FERC. Exemptions are issued in perpetuity.
Based upon review of the above-referenced application and other relevant information, DEQ certifies that, if the licensee complies with the terms and conditions imposed by the FERC license, and the conditions set forth in this water quality certification, then there is reasonable assurance for DEQ to conclude that the licensed activities will comply with water quality requirements, including applicable requirements of the Clean Water Act Sections 301, 302, 303, 306, and 307, Idaho’s Water Quality Standards (IDAPA 58.01.02), and other appropriate water quality requirements of Idaho state law.
The draft certification is available for review at DEQ’s Idaho Falls Regional Office and DEQ’s Public Comment Opportunities web page. A public hearing will be provided if a written request is submitted on or before September 7, 2026. To request a meeting or hearing, contact Alex Bell at alex.bell@deq.idaho.gov or by phone at (208) 528-2679. Documents relating to the license application can be reviewed by accessing FERC’s eLibrary via docket number P-5089. Written comments will be accepted through October 8, 2026 at 5 p.m. Mountain Time.
Submit comments electronically on DEQ’s website or by mail or email to:
Alex Bell
900 N. Skyline Drive, Suite B
Idaho Falls, ID 83402
alex.bell@deq.idaho.gov
Related Documents
Accessibility Services: The Idaho Department of Environmental Quality will provide reasonable language access services and/or disability services for documents at no charge. To request an accommodation under Title VI of the Civil Rights Act of 1964 or Americans with Disabilities Act, contact DEQ’s nondiscrimination coordinator at (208) 373-0271 or accessibility@deq.idaho.gov. Para obtener información en español, visite https://www.deq.idaho.gov/about-us/accessibility/.
Public Comment Form