Our Klamath Basin
Water Crisis
Upholding rural Americans' rights to grow food,
own property, and caretake our wildlife and natural resources.
Reclamation DENIES Klamath Irrigators their
stored water despite exceeding the minimum required water for
fish, violating laws, rights, contracts, and integrity
Letter from Bureau of Reclamation to Klamath Water Users Association/KWUA, September 27, 2021 United States Department of the
Interior KO-300 Paul Simmons, Executive Director Subject: Klamath Project Water Availability from Upper Klamath Lake Dear Mr. Simmons: This letter is in response to your letter of September 10, 2021 and provides information on Reclamation’s planned operations for the end of the 2021 spring-summer irrigation season, including transitioning out of the “Temporary Operating Procedures” (TOP) that Reclamation adopted earlier this year in coordination with the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS, collectively the Services) and consistent with the Endangered Species Act (ESA). Presently, Reclamation anticipates meeting the minimum Iron Gate Dam flows in the Klamath River required through the end of September under NMFS’s ESA section 7(a)(2) Biological Opinion, and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Response (2019 NMFS BiOp). Likewise, Reclamation anticipates water surface elevations in Upper Klamath Lake (UKL) not falling below 4,138.0 feet (USBR datum) at any point this year, as required under USFWS’s Biological Opinion on the Effects of the Proposed Interim Klamath Project Operations Plan, effective April 1, 2020, through September 30, 2022, on the Lost River and Shortnose Sucker (2020 USFWS BiOp, collectively BiOps). As indicated in Reclamation’s memoranda to the Services dated June 3, 2021, “If inflows [to UKL during the 2021 spring-summer irrigation season] exceed the amount needed to meet the 2019 NMFS BiOp river minimums and maintain UKL elevation at 4,138.0 ft., the surplus inflow volume would initially be held in UKL to enhance conditions for suckers and increase the likelihood of filling UKL during the 2022 water year. Reclamation and the Services will coordinate on water management should other conditions arise that may warrant release of some portion of the surplus volume.” Reclamation is now following that process. In recent weeks, Reclamation has received inquiries from various Klamath Project water users about the availability of any “surplus volume” above UKL requirements for irrigation use, including requests for delivery within Lower Klamath and Tule Lake National Wildlife Refuges. In consideration of these requests, Reclamation has consulted with the Services, water users, and Tribes. The purpose of this coordination was to receive input on the range of risks and uncertainties facing the Klamath Basin, to explore options for the management of any “surplus volume” in UKL, and to ultimately inform Reclamation’s decision for whether any “surplus” is available for delivery at this time. Reclamation has determined that no additional water is available for diversion and use within the Project at this time. This decision is based on a desire to operate conservatively given the past two dry years, remaining uncertainties about the winter hydrology and concurrent use of water supply outside of Reclamation’s control, and considerations for aligning supplies for best possible outcomes in 2022. Reclamation recognizes that this has been an extraordinarily difficult year for Project water users, with most districts and farmers having received no water from UKL. Reclamation is committed to working with Project water users during the coming months on Project operations over the fall and winter period. If you have any questions regarding this information, please contact me at jbottcher@usbr.gov or (541) 883-6935. Sincerely, Jared
Bottcher IDENTICAL LETTER SENT TO: Gene Souza,
Manager Scott White, Manager Jason Flowers, President Frank
Anderson, President Klamath
Wildlife Area Lyle Logan, President Dan Danforth, President Collins Products Modoc Lumber Company John Bellon, Parks Manager Richard and Charlotte Rodgers Harold and Cheryl Brown Ryan and Jennifer Hartman Flower Brothers Inc. Lakeside Farms Inc. Leslie R. Jones Donald Scott Johnston John K. Lilly E. Martin and Shirley Kerns Griffith Ranch Green Diamond Resource Company
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