Is a Forest Service permit needed?

December 16, 2025

The Icicle Work Group seems uncertain about the need for a Forest Service permit on the replacement dam at Eightmile Lake.

Formed in 2012 at the request of the Department of Ecology's Office of Columbia River, the Icicle Work Group focuses on ways to improve water resources in the Icicle. It includes Chelan County, irrigation districts, the city of Leavenworth, and others.

At the group's December meeting in Wenatchee an engineer discussed the design and work plans for the replacement dam on Eightmile Lake. He explained the need for several permits, specifically including one from the U.S. Army Corps of Engineers, but did not mention the U.S. Forest Service. When asked, he replied, "We don't need any permit from the Forest Service."

That prompted a discussion. Some group members thought that the Corps of Engineers, as part of its permitting process, would consult other federal agencies as needed so that a separate Forest Service permit would not be required. Others suggested the special warranty deed by the Icicle Peshastin Irrigation District might replace the need for a separate permit. Still others noted that the special warranty deed only covered part of the national forest lands affected by the dam.

The moderator finally noted that the need for a Forest Service permit was an "unresolved topic" and that the group would need to address it. With time running short, there was no discussion about how to do that. No one suggested asking the Forest Service. The meeting moved on to other topics.

With a replacement dam on the Okanogan-Wenatchee National Forest within the Alpine Lakes Wilderness, some in the group seemed to recognize that the Forest Service, as managing agency, might need to be consulted. It was not clear if anyone knew what the legal basis might be for suggesting that another agency – the Corps of Engineers – could be responsible for that consulting and could then issue one permit binding all federal agencies.

Avoiding the need for a separate Forest Service permit, if that is in fact seriously proposed, would reflect a shift in thinking. In its Final EIS on the project the Department of Ecology listed "Permits, Licenses, and Approvals Likely Required for Proposal." The first two items on its list were "National Environmental Policy Act (NEPA) Review" and "Forest Service Authorizations," both by the Forest Service. It listed the Corps of Engineers third. This past summer someone from the irrigation district said they were waiting for the Forest Service to supply them with materials needed for a special use permit application. They did not expect immediate action because of fire season. Nothing further has been heard on that subject.

It is unclear if those at the work group's December meeting are in a position to have the final word on this subject.