Klamath Water Users Association 

A spokesperson for the Bush Administration on Wednesday told the Washington Post that it intends to count hatchery-born fish when it determines whether so-called "wild" salmon should be protected under the federal Endangered Species Act (ESA). Bob Lohn, Northwest regional administrator for the National Marine Fisheries Service (NMFS), said the new policy probably will help guide Bush
administration decisions this summer about whether to remove 15 species of salmon from protection as endangered or threatened. Supporters of agriculture were still assessing the announcement as of yesterday afternoon.

"It’s hard to say what this new policy means," Pacific Legal Foundation (PLF) attorney Rob Rivett told the Klamath Water Users yesterday. "We got advance word of the new policy from the Washington Post yesterday, but have not seen anything in writing.  This policy could be favorable or it could change very little.  The devil is in the details, as they say."

This issue has generated a firestorm of controversy in the past few months, particularly since a February ruling in Alsea Valley Alliance v. Evans in the Ninth Circuit Court of Appeals regarding the listing of the Oregon Coast coho salmon as a "threatened species" under the ESA. In recent weeks, environmental activists have stepped up efforts to underscore what they see are major differences between hatchery fish and those that breed in the wild. Jan Hasselman, counsel for the National Wildlife Federation, resurrected these arguments to The Washington Post yesterday.

"Rather than address the problems of habitat degraded by logging, dams and urban sprawl, this policy will purposefully mask the precarious condition of wild salmon behind fish raised by humans in concrete pools," said Hasselman.

At issue in the February court case was how NMFS counted Oregon Coast coho salmon for protected status under the ESA. At the trial level, U.S. District Judge Michael Hogan ruled that NMFS acted illegally in protecting fish spawning in the wild, but not hatchery fish, which are genetically identical. Judge Hogan ruled NMFS could not pick and choose among fish swimming side-by-side in a stream which it would protect and which it would ignore. Environmental groups appealed the decision to the Ninth Circuit, which the court dismissed. However, environmentalists have filed a motion for rehearing, which the court has not yet decided. PLF will be filing in opposition today on this matter.

The Alsea case and related NMFS action has potential implications for the status of Klamath River coho salmon currently listed as "threatened" under the ESA. In Grange v. NMFS, as in Alsea, rather than consider the prolific numbers of hatchery salmon, NMFS instead considered only "naturally spawned" populations and then determined they were "threatened." This listing is one of the factors that led to the shut off of irrigation water to Klamath area farmers in 2001. Grange v. NMFS was stayed by Judge Hogan pending a decision from the Ninth Circuit in Alsea.

"We intend to file a motion soon with Judge Hogan to lift the stay of our Grange lawsuit that challenges the listing of the Southern Oregon Northern California coho," said Rivett. "Hopefully this new policy will at least give us some added momentum."

The Department of the Interior this week posted a Web site containing the final report of the Upper Klamath Basin Science Workshop held in early February. The report may be accessed at http://www.usbr.gov/research/klamath_workshop/ .

More than 180 people participated in the conference from a broad cross-section of resource managers, technical specialists, water users, and advocacy groups. They represented 51 different federal, state and local agencies, stakeholder groups, universities and other organizations that play a role in the complex Upper Klamath Basin science and resource management. The participants discussed the Upper Basin Endangered Sucker biology and habitat, water quality, and hydrology; identified science needs that could lead to water conflict solutions; and voted on the relative importance of those needs.

This information and the relative importance of the identified needs represent the compilation of individual participant opinions. The report is intended to be only one source of information for those agencies and organizations responsible for resource management in the Upper Klamath Basin to consider for water, fish and water-related resource planning and actions.

Steve Kandra, a Merrill farmer and Klamath Water Users Association (KWUA) president, presented local water user perspectives at the conference, which was held in Klamath Falls. Kandra’s presentation focused on stakeholder / agency collaboration and project implementation issues. He discussed the need to move from "proprietary research" to collaborative processes that address design, field work, and data analysis of biological / engineering projects.

The U.S. Departments of the Interior and Commerce and the Klamath River Basin Fisheries Task Force are hosting a science needs conference June 7-10, 2004 at Humboldt State University.

The purpose of the conference is to initiate a dialogue between resource management and scientific communities including tribal authorities, academia, and other stakeholders about present and future information needs and their priority in the Basin. The physical connections and ecological linkages between upper and lower basins including the Trinity River are key themes. Conference goals focus on anadromous fishes and instream flow needs. Science needs will be identified, discussed, and synthesized.

The first day will be devoted to the identification of highest priority management and stakeholder information needs. The Klamath Water Users Association has been invited to participate in one of the first day sessions. A planned keynote presentation by Sue Ellen Wooldridge, Solicitor of the Interior, representing the President’s Klamath Basin Working Group, will highlight the opening session. Technical sessions on Days 2 and 3 will address the state of knowledge regarding key species of interest, physical habitats, and information needs in the basin. A poster session will provide an additional forum for presenting current science activities. A plenary session on June 10^th is intended to inform regional decision makers about the critical needs identified in conference proceedings for science and adaptive management.

For more information, please contact Walt Duffy (HSU: 707-826-3259) or Irma Lagomarsino (NOAA Fisheries, 707-825-5160).

A local agricultural business that has supported the Klamath Project community for over 80 years is looking out for the next generation of Klamath Basin leaders. J.W. Kerns Inc., which supplies irrigation equipment to the Klamath Basin and other parts of the region, will offer 8 scholarships, totaling $12,500, to local high school seniors planning to graduate by June 2004. Two $1,000 scholarships will be awarded to students attending Klamath Community College, three $1,500 scholarships will be awarded to students planning to attend Oregon Institute of Technology, and three $2,000 awards will go to students attending a 4-year college and to those that have immediate family participation in the farming or ranching industry. Applications for the program, which have been distributed to local schools, are due May 3^rd.

"Education is the lifeblood of our community," said Judy Brosterhous of J.W.Kerns. "This program is brand new. High school seniors throughout the area now have another valuable resource to better their future."

James Walter Kerns realized early in life that water was a valuable resource and the value of irrigating and conserving water became a life long ambition. The J.W. Kerns implement business was started on Spring Street in Klamath Falls in 1921. In the 1960’s, James William Kerns (Jim) began narrowing the product line down to specifically ag irrigation products. Jim Kerns purchased land on Highway 39 and in 1968 the existing building was constructed. In 1990, a Limited Liability Company comprised of long time employees purchased the business from the Kerns Brothers. Since that time, numerous buildings and improvements have doubled the size of the original site of 7 acres.

Tuesday, May 4 and Wednesday, May 5, 2004 – Upper Klamath Basin Water Quality Coordination Workshop. 8:30 a.m. – 4:00 p.m. Mt. Mazama Room, Student Union Building, Oregon Institute of Technology. Klamath Falls, OR.

Wednesday, May 12, 2004 – KWUA Executive Committee Meeting. 6:00 p.m. KWUA Office, 2455 Patterson Street, Suite 3, Klamath Falls.

Tuesday, May 18, 2004 – KWUA Power Committee Meeting. 7:00 p.m. KWUA Office, 2455 Patterson Street, Suite 3, Klamath Falls.

Friday, May 20, 2004 – Trinity River Tour. Hosted by the ACWA, the tour will start and finish in Redding. Contact John Chandler at (916)-441-4545 for further information.

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

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