Klamath Water Users Association 

A panel of scientists convened over two years ago by then-Oregon governor John Kitzhaber has released a report that partially contradicts a recent comprehensive study completed by the National Academy of Sciences (NAS) regarding Klamath Project operations. On Thursday, October 23, Dr. Douglas Markle of the Department of Fisheries & Wildlife at Oregon State University, circulated to tribal interests, environmental groups and regulatory agencies a copy of the Independent Multidisciplinary Science Team’s (IMST) report entitled "IMST Review of the USFWS and NMFS 2001Biological Opinions on Management of the Klamath Reclamation Project and Related Reports". That report, which was distributed to media outlets earlier this week, concludes that the 2001 Biological Opinions (BOs) prepared by the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) were based on the best available science, and that the types of data and information used in the BOs are "appropriate and technically sound". It does not necessarily say that the mandated lake levels and stream flows in 2001 were necessary to avoid jeopardy to the species.

The NAS report, released just days before the IMST report was publicly distributed, reconfirmed its findings from an earlier report that found no evidence of a causal connection between Upper Klamath Lake water levels and sucker health, or that higher flows on the Klamath River mainstem help coho salmon. Both higher lake levels and river flows were principal mechanisms employed in the 2001 BOs, which led to the disastrous curtailment of Upper Klamath Lake irrigation supplies that year.

While the IMST report was authorized over two years ago, its status was largely unknown outside of an apparently select group who provided input or review.

The reviewers of the report included representatives of the California Resources Agency, USFWS, and The Nature Conservancy. Markle and his graduate associate, Mike Cooperman, also reviewed the report. Four "anonymous reviewers who commented on earlier drafts" are further credited in the IMST report. Markle and Cooperman published a widely circulated negative critique of the 2002 NAS interim report earlier this year.

The public distribution of the IMST report also roughly coincided with media reports of a draft USFWS report anonymously leaked to the Eureka Times-Standard last week, which suggested that Iron Gate Dam flows could be linked to the 2002 fish die-off, a point disputed in the final NAS report. The draft leaked to the Times Standard was apparently an early version of the pending final report, and, according to senior USFWS officials in Sacramento, has since been substantially modified after further agency review.

"I think the IMST report’s usefulness would have been enhanced if they would have submitted their findings to the NAS last April, when the IMST report was apparently completed," said Dan Keppen, KWUA Executive Director. "We’ll have a look at the IMST effort. We also hope to understand the process used to develop this report."

After months of soliciting proposals, reviewing qualifications and interviewing potential candidates, the Klamath Water Users Association (KWUA) earlier this month entered into an agreement with a Portland law firm to guide the association’s efforts to address looming electrical power issues. KWUA recently entered into a formal agreement with Cable Huston Benedict Haagensen and Lloyd ("Cable Huston"), to provide the association with professional legal and other consulting guidance as Klamath Project irrigators face the possibility of a large power rate increase in 2006.

"We’re pleased to have a firm like Cable Huston representing Project irrigators," said Lynn Long, Chairman of KWUA’s Power Committee. "They have a proven track record, and they’ve already made great strides in getting up to speed on the relicensing issues and contract issues that are so critical to the irrigation community."

The Klamath Project’s power contract dates to 1917, when PacifiCorp's predecessor – COPCO – negotiated a deal with the U.S. government to build Link River Dam. The power company received the run of the river for hydropower, while the government received affordable electricity for the Klamath Project. PacifiCorp and the federal government negotiated the current 50-year deal in 1956.

KWUA was formed in 1953 in part to specifically address the power contract that was in place at that time. The 2006 expiration of the contract that was signed in the fifties has been on the radar of local water users for several years, and KWUA's Power Committee has met regularly since 2001 to plan for 2006.

Twenty Upper Klamath Basin interests – including two Klamath County commissioners and local water users – traveled to coastal areas north of the Klamath River earlier this week to meet with fishing interests interested in achieving common ground. The tour –hosted by the Klamath Fisheries Coalition – provided Klamath Project irrigators and their representatives with an opportunity to see the drastic changes that have affected the fishing-based communities along America’s "Wild Rivers Coast".

The fishermen and farmers broke bread together Monday night at a hotel convention center in Brookings, Oregon. Curry County Commissioner Ralph Brown welcomed the group, and provided a PowerPoint presentation describing the Klamath Management Zone, a fishing area that extends from just north of Brookings, Oregon to south of Fort Bragg, California. Personal income from commercial and recreational salmon fishing in this area has dropped from around $32.3 million in the late 1970’s to $1.4 million in 1998, due to a variety of factors, including more rigid state and federal regulations and reduced prices caused by the recent flood of "farmed" fish hitting the markets. Last year saw a slight but encouraging increase in personal income from commercial and recreational fishing of nearly $1.7 million over the 1998 low.

Biologist Jim Waldvogel provided an overview of recent Klamath River salmon runs, spawning escapements, and harvests. Chuck Blackburn, a Del Norte County Commissioner and long-time river guide on the lower Klamath River, described his experiences living and working on the river, and emphasized the importance of applying equal scrutiny on both the mainstem Klamath River and

the Trinity River, it’s largest tributary. Both Blackburn and Waldvogel expressed their concerns regarding the blame that was quickly placed on Klamath Project operations in the aftermath of the 2002 die-off of salmon on the lower Klamath River, and noted that a combination of uncertain circumstances likely led to the die-off. Brown stressed that cooperation and responsibility, rather than blame and litigation, are needed to develop solutions that help farmers and fishermen. He concluded his presentation by paraphrasing a recent Sacramento Bee editorial - "If there is ever to be peace on the river, we have to work together for a solution," he said.

Farmers and fishermen boarded a bus Tuesday morning and traveled up and down the coast, getting a first-hand sense from community leaders of how port towns like Gold Beach, Brookings and Crescent City are trying to adapt to fishing regulations that have taken a large bite out of local commercial fleets. Visiting farmers were provided with a better understanding of the difficulties local ports face with restrictions on harbor dredging, the competition fishermen face with local tribes who also depend on salmon, and the growing pains that coastal communities are facing as tourism and tribal casinos begin to overtake commercial fishing in the local economy. Many of the guests were impressed with the initiative taken by coastal community leaders to form a partnership-driven coalition that transcends county and state lines.

Tour attendance was down slightly on Tuesday, as temperatures soared into the 80’s, and local fishermen took advantage of the weather to get one more day of fishing in before a cold marine front –which loomed offshore for the duration of the day –began to move inland.

The Upper Klamath Basin’s three congressional representatives last week formally requested U.S. Rep. Richard Pombo (R-CA), Chairman of the House Resources Committee, that his committee schedule a hearing to address the findings recently made by the National Research Council in its report entitled "Endangered and Threatened Fishes in the Klamath Basin". Congressmen Wally Herger and John Doolittle – both California Republicans – and Congressman Greg Walden (R-OR) sent an October 22 letter to Pombo, urging him that "a public airing of the issues discussed in this report is warranted".

"The NRC Report confirms that the 2001 decision to cut off water to the hard working farming and ranching families in the Basin was not justified," the letter to Pombo states. "The NRC Report also concluded that there is insufficient evidence to assign responsibility for the September 2002 fish die-off of Chinook salmon, which some prematurely blamed on the diversion of water to support Klamath Basin irrigators located nearly 200 miles upstream".

Thursday, October 30, 2003 – KWUA Power Committee. 7:00 p.m. KWUA Office, 2455 Patterson Street, Klamath Falls, Oregon.

Monday, November 3, 2003 – KBRT and Upstream Irrigator Tour of Upper Klamath Lake Tributaries. 8:00 a.m. Chiloquin High School Gymnasium.

Wednesday, November 5^th and Thursday, November 6^th, 2003 - Klamath Hydro Relicensing Meetings. Windmill Inn, Ashland, OR.

Klamath Water Users Association
2455 Patterson Street, Suite 3
Klamath Falls, Oregon 97603
(541)-883-6100 FAX (541)-883-8893 kwua@cdsnet.net

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