Klamath Water Users Association
Weekly Update
July 11, 2003
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Klamath Water Users Association Weekly Update July 11, 2003
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Reclamation and Water Users Take Action to Maintain UKL Elevations A focused effort to reduce Klamath Project diversions out of Upper Klamath Lake (UKL) coupled with yesterday’s decision by the U.S. Bureau of Reclamation (Reclamation) to rescind an earlier decision to change the water year type will help Project interests to meet regulatory lake levels for endangered sucker fish. Based on current hydrologic conditions, Reclamation has notified the U.S. Fish and Wildlife Service (USFWS) that it is rescinding the "below average" water year type announced on June 13, and replacing it with a "dry" year classification. The decision only applies to the lake elevation conditions on Upper Klamath Lake, and not the flow conditions established in the National Marine Fisheries Service (NMFS) biological opinion for coho salmon. Reclamation’s action is based on the latest Upper Klamath Lake inflow forecast by the Natural Resources Conservation Service and on information provided by the Oregon Water Resources Department. That information suggests forecast flows into the lake will remain below 312,000 acre-feet, thereby meeting a dry year classification. Reclamation will now track Upper Klamath Lake elevation levels for the "dry" water year type, as outlined in Reclamation’s final biological assessment for Klamath Project 2002-2012 operations. On June 13, Reclamation changed the water year type from "dry" to "below average", primarily due to an extraordinarily wet April. As a result of the year-type change, minimum levels established by the USFWS for suckers in Upper Klamath Lake jumped by seven inches for the month of June. In the time since Reclamation changed the water year type – when UKL inflows were 92% of average – net inflows into the lake had, at times, virtually disappeared. Klamath Project irrigators have taken action intended to reduce diversions by an average of 20 percent during the remainder of July. The intent is to reduce diversions, which were running at 1,600 cfs or higher earlier in the month, to an average of 1,350 cfs for the remainder of those months. On Thursday, July 10, and today, net Project diversions were 1,150 cfs and 1,243 cfs, respectively. "Project irrigators have reacted in a positive way to help Reclamation meet lake elevations," said Dan Keppen of the Klamath Water Users Association. "In a situation where they could have bowed their backs, they have voluntarily stepped up to find ways to avert a crisis. They are achieving results." Reclamation has also notified NOAA Fisheries that it has complied with the requirements in its biological opinion (BO) for the provision of a water bank. However, because of the severe change in climatic conditions, Reclamation will not be able to provide supplemental flows for the July and August time frame. Therefore, the river flows for the remainder of July and August will be held to a "below average" year type requirements as specified in the NOAA Fisheries BO. These actions are being taken as a result of the unforeseen change in climatic conditions that have reduced flows from springs and tributaries into the Klamath River above Upper Klamath Lake (outside of the Klamath Project). Of principle concern is maintaining the target lake level elevation in the USFWS BO for the end of July, and these reductions are expected to keep the lake level at least 1/10th of a foot higher than the BO requires. KWUA and Local Districts Outline Efforts to Reduce UKL Diversions Eleven local irrigation and drainage districts, one private ditch company, and the Klamath Water Users Association (KWUA) on July 7 transmitted a letter to the U.S. Bureau of Reclamation that outlines the efforts they have and will take towards meeting Upper Klamath Lake elevations for July. A copy of the letter is printed in its entirety below. July 7, 2003 Mr. Dave Sabo Manager Klamath Basin Area Office 6600 Washburn Way Klamath Falls, Oregon 97603 Re: July 2003 Klamath Project Operations Dear Mr. Sabo: CONTEXT This year, as in all years, Klamath Project water users hope to use about
five percent of the Klamath Basin's runoff. We have a well-documented
record of willingness to take reasonable actions to conserve and share
water, and to promote system-wide measures that benefit all water
resource-dependent uses of the Klamath Basin. During the severe droughts of
1992 and 1994, we made hard decisions in collaboration with the Department
of Interior. We utilized the flexibility of then-existing biological
opinions with the result that no interest or resource suffered more greatly
than any other. Farmers, refuges and fish endured. From that time forward,
we have continually advocated and implemented on-the-ground measures to
recover species and benefit farms, fish and wildlife. We are proud that the
Association has been selected as recipient of the State of Oregon's 2003
Agriculture Progress Award for "Leadership in Conservation". However, the
people on the ground, whose work, commitment and dollars have produced this
award, remain an at-risk target.
We are being asked to sacrifice again, and to solve a regulatory problem we did not create, with no knowledge or assurance that there will be a benefit, long-term or short-term, to project users or species. We also suggest that uncertainty and conflicting information regarding this year's water supply do not promote the best possible water management.
The opinions are a set of arbitrary rules with no anchor in common
sense. Similarly, so long as the mindset exists that the Klamath Project
alone must guarantee rigid and inflexible instream flows, there will not be
progress. Also, we have several serious concerns related to Klamath Project
management this year. These include the failure to fill Upper Klamath Lake
this spring, releases at Iron Gate Dam in excess of minimum B.O. levels, and
a fundamental shift in the manner in which the water bank was used for
downstream flows. In recent days, there have been periods of zero net inflow
to Upper Klamath Lake (i.e., to the Klamath Project). Yet flows are being
released in order to ensure 1,000 cfs at Iron Gate Dam, courtesy of Klamath
Project storage. Further, through June, flows often exceeded the values
established in the coho B.O. Reasonable and Prudent Alternative. Now, we are
being asked to do more. ACTIONS TO BE TAKEN BY LOCAL WATER USERS You have asked that we identify actions that will be taken to limit project diversions in the month of July in order to maintain Upper Klamath Lake elevations. In our view, taking the flawed biological opinions as a given, the "dry" year classification announced in Klamath Project 2003 Operations Plan in April was correct. The target lake elevation in the U.S. Fish and Wildlife Service (USFWS) BO for the end of July is 4140.3. We understand that on July 3rd, diversions from A Canal, Station 48, Miller Hill, Ady Canal and North Canal were running about 1,650 cfs. You have also advised that these diversions would need to be reduced to average 1,250 cfs for the month of July in order to obtain an elevation of 4140.4, which would keep the lake level 1/10th of a foot higher than the opinion provides (we understand your objective is to maintain this 0.1 ft cushion in the two following months, as well). As you know, a diversion rate of 1,250 cfs is significantly lower than typical July diversions from the identified locations.We know that Reclamation fully understands the dire economic and social impacts that will occur if water is withheld from Project lands in the middle of the summer. Crops are in the ground. Investments have been made. Delivery contracts have been entered. As one of our water users observed, banks do not care if a grower has half a crop; they insist on being paid. Irrigation districts have only narrow authority to deny water to their
own patrons, let alone to other districts to which they deliver water. We
presently have no specific directive or information that allows us to invoke
those authorities. Therefore, we cannot at this time commit to
meeting a specified diversion rate at the locations noted above through
forced delivery curtailments. However, despite these limitations, many other
actions have already been undertaken in the past few days, at the direction
of Project irrigation district managers and boards. First, as you know, the Association and local water users endorsed the 2003 "water bank" under which the demand for surface water is eliminated on 17,000 acres of project land. Parenthetically, we believe the experience of this year proves the merit of the water bank concepts and principles developed by the Association that were not incorporated into Reclamation’s 2003 pilot water bank. We look forward to re-engaging in that discussion. We believe there are suggestions in our report that could have alerted federal policy makers and helped prevent the crisis we are currently experiencing. Second, districts already limited diversions at the end of June to the
maximum extent practicable. Demand has, of course, subsequently increased
for various, typical reasons that should be expected to occur at
this time of year.
Landowners throughout the Project have expressed an interest in forebearance opportunities, provided immediate compensation is provided for these actions.
We encourage Reclamation to contact the individual districts to confirm that these activities are occurring. Each of the undersigned is committed to continue to identify and implement, within its ability, further measures to assist in achieving the objectives. We cannot at the present time predict the yield results that these measures will produce, nor the associated negative impacts. With Reclamation's assistance, we will monitor the situation. Ultimately, of course, we are aware of Interior’s views that Endangered Species Act lake levels must be maintained, and the potential consequences if they are not. We are committed to take actions within our authority to ensure this worst-case scenario does not occur. ACTIONS OF THE DEPARTMENT OF INTERIOR The actions of water users described above are proceeding. It is the
position of each of the undersigned that Reclamation or another agency of
the federal government must provide funding to compensate the districts and
water users for their costs. Under any circumstances, water users will be
entitled to damages in the event of any loss of crop or livestock values. We seek a commitment, further, that Reclamation will assist in identifying and implementing any other funding sources to support groundwater pumping and possible voluntary forebearance of irrigation operations by individuals. Should additional funding not be secured, we may seek compensation by any available means on behalf of our water users. Currently, some landowners enrolled in the groundwater substitution
program of water bank are pumping at less than full capacity. Our irrigation
districts are willing to coordinate with Reclamation and our landowners to
ensure that these individuals can pump at full capacity without being
confined by the existing water bank contract. We seek a commitment from Reclamation that we will, immediately and
jointly, investigate and evaluate the accounting of "inflow" to Upper
Klamath Lake for the purposes of project operations in 2003 and future
years. Additionally, we insist on recognition that the "step" functions of the current biological opinions are unworkable, arbitrary, and in need of complete revision. The Association brought this issue to the attention of the Department of Interior prior to this irrigation season. For this, and other reasons, consultation should be re-initiated and completed prior to the 2004 irrigation season. In fact, there may be need for expedited consultation if current hydrologic expectations are not met. Water users must have a direct and meaningful role in this process. Finally, we are advised that, in this extremely tight water situation,
consideration is being given to release of extra water in order to raise the
level of Pacificorp's downstream reservoirs. We object to such action.
Under its contract with Reclamation, its water rights, and its FERC
license, Pacificorp's use of water is subordinate to project needs. Further,
Reclamation's contracts with water users and districts provide that
Reclamation will take action within its authority to avoid shortage. We are
aware of no overriding legal obligation to release this water to the
detriment of the project. We insist that, prior to any further
consideration of this issue, Reclamation provide written notice to the
contractors including an explanation of the proposed reasons for the release
and a discussion of potential impacts to the project. CONCLUSION We greatly appreciate the efforts that you personally have made to deal
with a difficult situation. We hope we will have the opportunity to
participate meaningfully in the development of a sensible plan for the
future. Sincerely, Enterprise Irrigation District Klamath Basin Improvement District Klamath Drainage District Klamath Irrigation District Klamath Water Users Association Malin Irrigation District Pine Grove Irrigation District Shasta View Irrigation District Sunnyside Irrigation District Tulelake Irrigation District Westside Improvement District Van Brimmer Ditch Company KWUA Participates in Water 2025 Conference in Sacramento The Klamath Water Users Association was one of five water interests represented on a discussion panel as part of yesterday’s conference on the U.S. Secretary of the Interior’s "Water 2025: Preventing Crises and Conflicts in the West". Thursday’s conference, held at the Hilton Hotel in Sacramento, California, was the third of eight such regional conferences scheduled throughout the West this summer. Approximately 500 people attended the conference, not including approximately 100 tribal and environmental protesters who lined up on a little-traveled access road outside of the hotel. The protesters – many of whom donned large, fish-shaped hats – chanted and held placards displaying their opposition to the federal government’s management of the Klamath Basin. Sue Maston, spokesperson for the Yurok Tribe, confronted Interior Assistant Secretary Bennett Raley in a question and answer session, demanding to know why tribal interests were not represented on the panel. Raley responded that tribal interests from Pyramid Lake had been invited to participate, but were unable to attend due to a last minute conflict. "We asked the Pyramid Lake tribes to participate because they have successfully addressed their problems," said Raley. "We thought that would provide a positive message for today’s conference." The purpose of the conference was to expand the dialogue on ways of preventing the chronic water supply problems many communities will face in the coming decades. The origins of Water 2025 derive in large part from the conflicts and crises that have plagued the Klamath River watershed over the past two years. Members of the stakeholder panel discussed innovative methods for dealing with contentious water issues at the local level. KWUA Executive Director Dan Keppen addressed Water 2025 and its potential applications in the Klamath Basin. He outlined the aggressive efforts undertaken by local irrigators to participate in a pilot environmental water bank, take advantage of 2002 Farm Bill conservation programs, and promote effective restoration projects. He strongly emphasized the need in the Klamath watershed to collaborate, remove institutional barriers and increase interagency cooperation, key tools identified in the Water 2025 program.
While expressing general support for other principles and tools promoted by Water 2025 (see inset), he noted that the government’s water management philosophy omits a crucial element – the development of new surface storage facilities. "Critics of Klamath Project agriculture continue to insist that there is not enough water to meet all the needs of the Klamath River watershed," said Keppen. "The development of new, environmentally-sensitive offstream storage facilities provides an opportunity to manage a new block of water that could help meet stringent environmental demands while keeping Project irrigators whole. We absolutely must pursue new storage in the Klamath Basin." Consensus Achieved on Improved Fish Passage at Sprague River Dam A diverse collaborative work group established by the U.S. Bureau of Reclamation on Wednesday agreed that complete removal of Chiloquin Dam on the Sprague River likely provides the best biological benefits to endangered sucker fish. The work group, consisting of state and federal agency scientists, the Klamath Tribes, Sprague River irrigators, environmental interests, and the Klamath Water Users Association (KWUA), provided a rare, but promising, show of unity in support for removal of the dam. The meeting – held Wednesday morning at the U.S. Forest Service Chiloquin District office – also generated preliminary commitments from stakeholder interests to pursue future funding that would help offset additional costs to Modoc Point Irrigation District, which would likely see increased pumping and maintenance costs if the dam is replaced with a screened pump diversion. Tribal interests want to ensure that important cultural issues – including continued access to important tribal fishing sites - are also addressed. Dave Vogel, a fisheries biologist with KWUA, is encouraged by the current wide support for dam removal. "It is evident that dam removal provides the greatest opportunity for sucker recovery," said Vogel. "Fish passage at Chiloquin Dam was the primary reason the suckers were listed as endangered in 1988 and, in our opinion, is the primary factor limiting recovery of the species." The 1992 Biological Opinion developed by the U.S. Fish and Wildlife Service (USFWS) states – "the construction of the Sprague River dam near Chiloquin effectively blocked approximately 95% (70 river miles) of the potential spawning range of the Lost River and shortnose suckers in Upper Klamath Lake". KWUA has long been a proponent for correcting the fish passage problems at Chiloquin Dam to benefit suckers and to accelerate their recovery in the basin. In the past ten years, two sucker recovery plans prepared by the association emphasize this project as a key component.
CALENDAR OF EVENTS Tuesday, July 15, 2003 – Sycan Marsh Tour. Local water users will meet with representatives of The Nature Conservancy to tour Sycan Marsh and discuss marsh management. Tuesday, July 15, 2003 – Klamath Water Users Association Executive Committee Meeting. 6:00 p.m., KWUA Office. 2455 Patterson Street, Suite 3, Klamath Falls, Oregon. Friday, July 18, 2003 – 2003 Water Education Foundation Water Law and Policy Briefing. San Diego, California. KWUA will join representatives from the U.S. Bureau of Reclamation, American Rivers, California Resources Agency and the Yurok Tribe to update attorneys and policy makers on Klamath River watershed issues.
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