Klamath Water Users Association
Weekly Update
May 22, 2003
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Klamath Water Users Association Weekly Update May 22, 2003
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Oakland Hearing Cancelled – Judge Will Issue Decision on Written Arguments Speculation flourished this week after federal district court Judge Saundra Armstrong on Monday notified attorneys that, yet again, the hearing for PCCFA et al. v. USBR et al. had been taken off the calendar. Only this time, instead of scheduling another hearing date, Judge Armstrong has decided to make her decision based upon the papers that have been filed in the case. The announcement was made just hours before Klamath Project irrigators were preparing to embark on the 6-hour drive to Oakland to attend the hearing. News of the cancellation spread quickly through the Basin on Monday and generated a variety of opinions on its implications. Some attorneys believe the hearing cancellation is good news for the defendants based on observations that judges generally will not rule against the federal government without providing an opportunity for the government to directly respond in court. Others recall that Judge Armstrong was the same judge who ruled in 2001 against the United States in Klamath Project litigation. In that case, Judge Armstrong issued an order without a hearing against the federal government for 2000 Klamath Project operations. By the time of that ruling, however, fishery agency restrictions imposed on 2001 Project operations had already resulted in curtailment of Upper Klamath Lake supplies to Klamath irrigators. Judge Armstrong ruled against the plaintiff environmental organizations in April 2002. Several months later, plaintiffs filed an amended complaint, challenging both technical and legal matters in the biological opinion, and for allegedly violating the Endangered Species Act. Lower Basin tribes also are parties to this case and contend that inadequate flows in 2002 violated their fishing rights. Yale Political Science Prof Meets with Local Water Users A political science professor from Yale University spent several days in the past two weeks visiting and touring the Basin with Klamath Project farmers and ranchers, business owners and irrigation district managers. Dr. Richard Marcus, a former Oregonian, teaches a class on comparative politics of water resources at the Ivy League school. He has completed extensive research on water resources conflicts in Madagascar, Kenya, Israel, and other mid-eastern areas. The Klamath Basin has been a hot topic in Marcus’ class this past year, and his visit to the Basin was driven primarily by his interest as a teacher. “I want to learn what you all have done, what has worked, what hasn't, and why,” Marcus told water users last week in Klamath Falls. “You all have done a pretty good job of not taking this lying down. This is unusual - not just in California or Oregon, the Western U.S., or even the U.S., but anywhere.” In addition to discussing policy matter for several hours at KWUA, Dr. Marcus also spent time inspecting the A Canal fish screen, touring Langell Valley and Poe Valley, and meeting with local business owners impacted by the 2001 Klamath Project curtailment. Marcus recently showed to his class – which he characterizes as predominantly “urban and liberal”– the video tape “Homesteading in a Promised Land”, prepared by Tulelake filmmaker Anders Tomlinson. He was impressed with the reaction of his students. “The film was the first time any of them had reason to even question the Endangered Species Act,” said Marcus. “In fact, for most of them there has never been a reason to challenge environmentalists. Especially hard for them was that we spent a lot of time talking about the rights of farmers to land and water in other places, like Africa and India. Students were universally predisposed to defend the rights of farmers in those cases and not in the case of the Klamath Basin.” Marcus then asked his students about the apparent double-standard reflected in their views. “Now most of them don't know what to think,” he said. “In my view, that makes the film a success. Now these students need to ask themselves completely different questions and, in some cases, may come to different conclusions.” KWUA Comments on Bull Trout Rules KWUA last week submitted formal comments to the U.S. Fish and Wildlife Service (USFWS) outlining the association’s concerns regarding proposed critical habitat rules were for bull trout, which inhabit tributaries to Upper Klamath Lake. Critical habitat designation requires Federal agencies to ensure that their activities are not likely to destroy or adversely modify a protected species’ critical habitat. In this case, landowners involved with federally funded projects that affect Basin tributaries could potentially be impacted through consultation with USFWS undertaken by the federal agency. KWUA supports the general intent to revise the proposed rule and create a critical habitat designation that is narrowly tailored to meet the needs of water users and their communities. Homesteading Videos For Sale A 60-minute video developed by the Tulelake agricultural community about the experiences of early settlers in the Klamath Project is available for purchase to interested parties. Nationally renowned photographer and filmmaker Anders Tomlinson, and Jacqui Newkirk Krizo, a Tulelake homesteader’s daughter, made this film. Over 80 Tulelakers participated in this project, and 16 local businesses sponsored it. Lars Larson, Portland radio talk show host, and locals Bill Quinn and Mildred Tofell, narrate the documentary. Videotapes and DVDs of “Homesteading in a Promised Land” can be obtained by making checks payable to “Homestead Video”, P.O. Box 314, Tulelake, California, 96134. VHS tapes can be purchased for $23.00 ($24.45 for California residents) and DVDs for $25.00 ($26.81 for California residents), which includes shipping and handling charges and California sales tax, where applicable. Humboldt State to Discuss New Klamath Watershed Institute California State University at Humboldt President Rollin Richmond believes there is a need for multi-disciplinary study of the Klamath River Watershed, and has invited a group of 70 people representing government agencies, non-governmental organizations, scientists, tribal representatives, and 6 colleges and universities to participate in a meeting this Saturday towards that end. While a primary thrust of the meeting appears to be addressing the role of agriculture in the Klamath Basin, Humboldt State officials have admitted that attendance from Upper Basin agricultural interests at Saturday’s meeting will be “sparse”. “We initially invited a broad representative group and are very much interested in all perspectives, said Denice Helwig, special assistant to Richmond. ollins. “However, many of the agriculture representatives (from agencies and universities) who we invited declined our invitation.” While representatives from the Oregon Institute of Technology and Oregon State University Extension Office were issued invitations to Saturday’s meeting, many key local agricultural interests – including the Klamath Water Users Association, Tulelake Growers Association, and local Farm Bureaus - were not. Potential participation from local agricultural interests was likely set back when Humboldt State sent the original meeting invitation last month to representatives from the local Indian tribes, College of the Redwoods, UC Davis, Oregon State University, Oregon Institute of Technology, and federal and state organizations. That notice called for a study of the Klamath River Watershed and the “scientific, social and policy origins of the degradation of this important resource”. “The recent fish kill on the Klamath River demonstrates the need for a consortium of institutions to work with federal, state, tribal and local governments to effect change across a spectrum of disciplines so that this important resource is preserved,” noted Helwig in the invitation. “This institute should attempt ultimately to influence the future of agricultural policy in our country and hopefully reduce its impact on resources like the Klamath Watershed,” she added. The invitation’s implication that agriculture is to blame for the degradation of the Klamath River has raised the eyebrows of local agricultural interests. Locals are concerned that yet another collaborative process will be set up to further study issues, when the focus should be on implementing actions that begin the slow process of species recovery. President Richmond has expressed interest to visit with the agriculture representatives, landowners and water users in the upper Klamath Basin. INITIATIVE FOR A NEW KLAMATH WATERSHED RESEARCH INSTITUTE Featured Speakers -May 24, 2003 – Arcata, California Rollin Richmond - President, HSU Ken Cummins - Institute of Forest and Watershed, HSU Mark Wheetley - CA Dept. of Fish and Game Walt Duffy - CA Cooperative Fish Research Unit, HSU David Leland – CA State Water Resources Control Board Alice Kilham - Klamath Compact Commission Brian Michaels - Simpson Resource Company Troy Fletcher - Yurok Tribe Steve Hackett - Humboldt State University California Resources Agency Pins Blame on the Klamath Project – Again For the third time since the controversial fish die-off on the lower Klamath River last September, California Resources Secretary Mary Nichols has leveled criticism at the U.S. Bureau of Reclamation (Reclamation) regarding the 2002-2012 Klamath Project Operations Plan. A letter released earlier this week – on the day before a court case associated with Klamath River flows was to be heard by Judge Saundra Armstrong in Oakland - asks Reclamation to: 1) Use all available data - including a controversial report prepared by the California Department of Fish and Game (CDFG) and the draft Hardy Phase II report - to develop a new 2003 Klamath Project operations plan; 2) Consider the entire Klamath River system by focusing on the recovery and sustainability of the whole ecosystem, not just coho salmon; and 3) Consult with California in the development of the current operations plan. KWUA responded to Secretary Nichols yesterday with a detailed letter that points out: 1) flaws with the CDFG report and Hardy; 2) agreement with the concept of dealing with issues on a watershed-wide basis, while noting that the Klamath Project should not continue to bear this responsibility solely; and 3) the obvious advocacy role the state continues to take relative to Klamath Project operations. “Your letter is, of course, addressed to policy officials at the Department of the Interior,” said KWUA. “It’s ultimate target, however, is hard-working families in the real world.” CALENDAR OF EVENTS Saturday, May 24, 2003 – Klamath Watershed Institute Meeting. 9:00 a.m. United Indian Health Service’s Potowot Village, 1600 Weeot Way, Arcata, California. Wednesday, May 28th –Saturday, May 31st, 2003-Western Interstate Region Conference for the National Association of Counties. John Ascuaga's Nugget, Reno/Sparks, Nevada. Featured General Session Speakers are: Mark E. Rey, Under Secretary for Natural Resources & Environment, US Department of Agriculture, and Craig Manson, Assistant Secretary for Fish, Wildlife & Parks, US Department of the Interior. Monday, June 2nd, 2003, Klamath Hydro Relicensing Water Quality Meeting. 12:00 p.m. - 5:00 p.m., Windmill Inn, Ashland, Oregon. Tuesday, June 3rd, 2003, Klamath Hydro Relicensing Aquatics Meeting. 8:30 a.m. - 4:00 p.m. Socioeconomics Meeting. 8:30 a.m. - 4:00 p.m. Windmill Inn, Ashland, Oregon. Wednesday, June 4th, 2003, Klamath Hydro Relicensing Recreation/Cultural Meeting. 8:30 a.m. - 4:00 p.m., Aquatics Meeting. 8:30 a.m. - 4:00 p.m. Windmill Inn, Ashland, Oregon. Thursday, June 6th, 2003, Klamath Hydro Relicensing Fish Passage/Aquatics Meeting: 8:30 a.m. - 12:00 p.m. Aquatics Meeting: 1:00 p.m. – 4:00 p.m. Recreation Meeting: 8:30 a.m. – 4:00 p.m. Windmill Inn, Ashland, Oregon. |
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