Klamath Water Users Association
Weekly Update
May 9, 2003
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Klamath Water Users Association
Weekly Update May 9, 2003
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| Tribes Pressure Feds to
Re-manage Water Bank Flows Just one, wet month after the 2003 Klamath Project (Project) Operations plan was released, tribal interests in the lower Klamath Basin are ratcheting up efforts to change the way federal agencies plan to manage 50,000 acre-feet (AF) of water developed through the 2003 Project water bank. Approximately 30,000 AF of that water, generated through voluntary efforts by Project irrigators to idle land or pump groundwater in place of using Project water, was proposed in last month’s operations plan to be used in April and May to flush out-migrating Klamath River salmon to the ocean. With the recent high inflows and surging Klamath River flows resulting from a very wet spring, downstream tribes now want to see the water bank flows rescheduled for use later in the summer. “The Tribes felt that this 50,000 AF of water should be released in the late-Summer months….to keep the water cool and allow for adequate migration,” said Merv George, Jr., Administrator for the Klamath River Inter-Tribal Fish & Water Commission. George widely distributed an e-mail message this past week that details a “government-to-government” meeting held in Redding, California on May 2nd between the Hoopa, Karuk, Yurok, and the Klamath Tribes of Oregon and the U.S. Bureau of Reclamation (Reclamation), National Marine Fisheries Service (NMFS), U.S. Fish & Wildlife Service and the Bureau of Indian Affairs. The original purpose of this meeting – scheduled by Reclamation – was to discuss Reclamation’s Conservation Implementation Program. The focus of the meeting apparently morphed into a discussion of how the water bank flows could be re-managed and the water-year type changed in light of the recent heavy precipitation. According to federal agency sources, NMFS officials provided the water bank flow requirements that were included in Reclamation’s operations plan released in early April. That flow schedule provided for high spring flows, and elevated, but lower flows in the fall. The tribes were requested to assist in the development of the original flow schedule that would “shape” the 50,000 AF, and apparently declined. The new schedule they advocate would essentially take the water bank flows that would have been used in April and May and “save” it for use in late summer months. The wisdom of providing higher summer flows is questioned by other interests, including the National Research Council (NRC) Committee on Klamath fishes, in an interim report released one year ago. “Higher flows may work to the disadvantage of the coho population from July through September if the source of augmentation for flow is warmer than the water to which it is added,” the NRC report found. “The addition of larger amounts of water from the sequence of reservoirs above Iron Gate Dam may be disadvantageous to the fish.” Dave Vogel, a fisheries biologist from Red Bluff, adds “Dumping too much warm water in the wrong place at the wrong time and for all the wrong reasons will not gain biological benefit.” Downstream tribes continue to push for higher Klamath River flows, and blame a predicted repeat of the 2002 Klamath River fish die-off on Bush Administration policies. “Last year at the opening day of the irrigation season in Klamath Falls I held a sign that read, "Bush Kills Salmon"”, said George. “This year I will have another underneath it saying "I told you so".” Takings Case Rolls Forward Judge Diane Sypolt in the U.S. Court of Federal Claims on Monday set a briefing schedule that will move the Klamath Irrigation District et al v. The United States takings case forward, after stalling for over a year in the court. The hearing, held in Washington, D.C. and attended by nearly a dozen local irrigators and national agricultural interests, centered on the U.S. government’s motion to postpone the case until the completion of the Klamath River adjudication process. While the judge took no action on the government’s motion, the case is now moving ahead - Roger Marzulla, attorney for Klamath irrigators, will file a motion for summary judgment on the issue of liability within 60 days. In this case, individual Klamath Project water users and districts seek compensation under the Fifth Amendment to the Constitution, for taking of their property rights (water rights) in 2001. The case also includes claims based on Klamath River Basin Compact provisions that require just compensation for impairment of water rights. The plaintiffs recently requested leave of court to amend the complaint to include a claim for breach of contract. Marzulla believes the presence of irrigators who made the long trip to Washington to appear in the courtroom did not go unnoticed by the judge. He also acknowledged the effectiveness of heightened local public awareness and a recent grassroots effort drawing attention to the fact that this case has not moved forward in the past year. “This is a great example of the importance of letting your elected officials know what is happening”, Marzulla told local irrigators. “Don’t let up.” Future Water Supplies Will Come From Ag, Says Farm Bureau Chief California Farm Bureau Federation President Bill Pauli told members of the Association of California Water Agencies (ACWA) this week that future water needs most likely will be met by taking water from agriculture. In a keynote speech before 800 local water officials, Pauli said it is becoming clear that the water California needs for its cities, industry, recreation and the environment will come from agriculture. Although additional water storage is needed, he said, it does not appear likely to happen in the foreseeable future. "Show me the project that is actually going to move ahead," Pauli said. "The only thing on the horizon is water from agriculture to meet future needs." Land conversion is another major force affecting production agriculture, he said. While California has roughly the same number of acres under irrigation today as it did 20 years ago, the kind of land being farmed is changing. More and more farms are being pushed into marginal areas as urban centers expand and large tracts of highly productive land are purchased for recreation and other uses. “We are giving up some of our best acres," Pauli said. "It doesn't mean we are not going to survive, but (agriculture) is changing." Pauli spoke at ACWA's 2003 Spring Conference, which has drawn more than 2,000 water officials from throughout the state. The conference continues through today. ACWA is a statewide association whose 440 members are responsible for about 90% of the water delivered in California. Source: News release, ACWA - 5/7/03 Slippery Salmon Science on Trial Before Ninth Circuit Commentary by Russ Brooks, Managing Attorney, Pacific Legal Foundation, Bellevue Washington "Thwack! Thwack! Thwack!" That's what small-town banker Ronald Yechout heard as he was out hunting near Philomath, Oregon back in November, 1998. He followed the noise to the banks of Fall Creek, and saw a sight he couldn't believe: State wildlife regulators were clubbing to death thousands of migrating salmon. Yechout's outrage launched him on a crusade to expose the government "conservation" program that targeted hatchery salmon for extermination supposedly to somehow "help" stream-bred salmon. Eventually, under the pressure brought by Yechout and Pacific Legal Foundation, the systematic government slaughter of salmon that were born in hatcheries ended. But the larger legal controversy continues -- and it has its most important appointment to date before the Ninth Circuit Court of Appeals (yesterday in Portland). A three-judge appeals panel will be considering whether hatchery-born salmon can be counted along with stream-bred salmon when it comes to determining whether coho are "endangered" and in need of special protection in the form of tough land-use regulations. Although government officials claimed that their clubbing expeditions were intended to clear the way for healthier development of wild salmon, skeptics observed that by killing salmon, it was easier for bureaucrats to grab headlines -- and expand their power over private property -- by claiming that salmon are in decline. Two years ago the dispute went before U.S. District Court Judge Michael Hogan in Eugene. He found it fishy that the government insisted on seeing metaphysical distinctions between coho from hatcheries and coho from streams. Hatchery-born coho are biologically identical to stream-born coho, he declared, based on the National Marine Fisheries Service's (NMFS) records. His ruling's clear implication is if there are plenty of coho in streams and rivers, coho aren't "endangered" under the federal Endangered Species Act, even if a lot of those fish are from hatcheries. In reviewing Judge Hogan's order, the Ninth Circuit should not get reeled in by the government's slippery pseudo-science. The fact is, for over half a century, coho salmon have thrived in the Pacific Ocean off the coast of Oregon -- and they do so today in phenomenal numbers. More than 240,000 stream-bred coho returned to Oregon's rivers in 2002, a staggering increase from the 14,000 that returned just six years ago. More than 660,000 hatchery-born coho made the trip up river last year. Since 1952, the Fall Creek hatchery -- originally with the eggs of "wild" (meaning partially spawned) salmon -- has produced countless generations of salmon that have, in all respects, become fully integrated with the "wild" population. Indeed, many biologists, including a chief of the NMFS hatcheries and inland fisheries branch, agree that there probably aren't any truly "wild" salmon left in the lower 48 states and that because of nearly 50 years of natural cohabitation, the hatchery-spawned salmon and the "wild" salmon are virtually indistinguishable. The only way to identify hatchery salmon is by the missing fin clipped by the hatchery. If even marine scientists cannot tell "wild" salmon and hatchery salmon apart in a biological sense, why should government bureaucrats be allowed to insist on drawing arbitrary distinctions? And why should it be in a court's power to do so? Even though the clubbing has stopped, regulators can still lowball the salmon count if they're allowed to exclude those born in hatcheries. Such manufactured pessimism gives regulators more excuses to take control of logging, farming, grazing and home building on thousands of acres of land, endangering the economy for a species that isn't in danger. Judge Hogan was right to deny regulators the use of dishonest, politicized science to justify their power trips. Reprinted with permission from the Pacific Legal Foundation (PLF). PLF attorney Dave Haddock represents KWUA in litigation that will be heard on May 20th in Oakland. Reclamation Making Progress on Draft EIS for Klamath Project Operations The U.S. Bureau of Reclamation (Reclamation) is continuing work on its draft Environmental Impact Statement (EIS) on operation of the authorized features and facilities of the Klamath Project during varying hydrological conditions through March 2012. The Notice of Intent (NOI) was published in the Federal Register on May 5, 2003 and starts a 120-day formal scoping period, which closes Tuesday, September 2, 2003. A public mailing that outlines the project timeline and public involvement opportunities will be issued in the coming months. Please send requests to receive the public mailing and/or written comments to Daniel Fritz, Project Manager, Klamath Basin Area Office, Mid-Pacific Region, Bureau of Reclamation, Attn: KO-150, 6600Washburn Way, Klamath Falls, OR 97603. CWA Tulelake Dinner Set for Tomorrow The California Waterfowl Association on Saturday will host its annual fundraising dinner at the Tulelake-Butte Valley Fairgrounds. Proceeds from the dinner, a raffle, and auction will be used to help fund legislative efforts to preserve the Klamath Basin’s hunting heritage. A social hour begins at 5:00 p.m. “CWA understands Basin farmers and the role they play to provide food and refuge for waterfowl,” said Dan Keppen, KWUA Executive Director. “This event is a great opportunity for the community to show it’s thanks to a loyal ally.” Tickets can still be reserved by contacting Tony Giacomelli at (530)-667-2612. CALENDAR OF EVENTS Wednesday, May 14, 2003 – Oregon DEQ Information Meeting on Critical Habitat & Water Temperature. Klamath County Courthouse, Room 20. Klamath Falls, OR. Tuesday, May 20th, 2003 – PCFFA et al v. USBR, et al. 1:00 p.m. 1301 Clay Street, #400 South, Oakland, California. |
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