PRESS RELEASE

April 25, 2018, SCWUA / Siskiyou County Water Users Association

SISKIYOU COUNTY WATER USERS ASSOCIATION REPRESENTED BY ATTORNEY JAMES BUCHAL ANNOUNCED TODAY THAT THEY HAVE FILED A “MOTION TO DISMISS” WITH THE FEDERAL ENERGY REGULATORY COMMISSION (FERC) IN THE MATTER OF THE APPLICATION OF PACIFICORP AND THE KLAMATH RIVER RENEWAL CORPORATION (KRRC), WHICH WAS SERVED ON THE PARTIES INVOLVED ON APRIL 24, 2018. 

THE MOTION ASKS FERC TO DISMISS THE APPLICATION FOR TRANSFER ON THE GROUNDS THAT CONGRESS HAS NOT CONSENTED TO THE TRANSFER.  ABSENT CONGRESSIONAL CONSENT, A TRANSFER OF THE LICENCE TO KRRC WOULD BE UNCONSTITUTIONAL FOR THE COMMISSION TO CARRY OUT AS IT FACILITATES AN EVASION OF THE CONSTITUTIONAL PROHIBITION UNDER U.S. CONSTITUTION,  ARTICLE I, SECT I0, CLAUSE 3 KNOWN AS THE COMPACT CLAUSE.  THIS PROVISION OF THE CONSTTITUTION DEALS WITH TREATIES OR COMPACTS BETWEEN THE STATES SUCH AS THE “AMENDED KHSA AGREEMENT “BETWEEN OREGON AND CALIFORNIA IMPACTING A FEDERAL NAVIGABLE WATERWAY SUCH AS THE KLAMATH RIVER.

THE CURRENT “LAW OF THE RIVER,” KNOWN AS THE KLAMATH COMPACT WAS APPROVED IN 1957 BY THE LEGISLATURES OF BOTH OREGON AND CALIFORNIA AS WELL AS CONSENTED TO BY CONGRESS (AUGUST 30, 1957, 71 STAT. 497) AND SIGNED INTO LAW BY THEN PRESIDENT EISENHOWER.  IT WAS FURTHER CODIFIED INTO LAW IN BOTH STATES AND DESIGNATED PUBLIC LAW 85-222.  THE WATER USERS EXPLAIN IN THEIR MOTION THAT EVEN IF THE COMPACT COULD SERVE AS A VEHICLE FOR SUPPLYING THE NECESSARY CONGRESSIONAL CONSENT TO JOINT STATE ACTION TO REMOVE THE KLAMATH DAMS, THE COMPACT HAS NOT ACTED TO APPROVE ANY TRANSFER TO KRRC FOR THAT PURPOSE.

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