Our Klamath Basin
Water Crisis
Upholding rural Americans' rights to grow food,
own property, and caretake our wildlife and natural resources.
Bills,
Laws, Acts, Lawsuits, Environmental Lawsuits Rake in Billions for Lawyers, Idaho Farm Bureau News, posted to KBC 10/30/09. Water rights of non-Indian purchasers of Klamath Indian Reservation lands, To: Commissioner of Indian Affairs From Solicitor 3/14/58 HERE for Endangered Species Act Lawsuits Oregonians for Food and Shelter legislative information
***Here
to write letters regarding bills that WILL impact you. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
***
Top 10 Stupidest New Laws in California for 2017, by
Former California State Assemblyman: Backpacks
Klamath ranch seeks $1.5 million from Oregon water regulators, "The state Water Resources Department affirmed the 1864 priority date and the ranch’s right to divert 9.4 cubic feet of water per second between March and November, enough to irrigate the property at a depth of three feet per acre a year...The ranch has since been “regulated off” every year, generally shutting down irrigation “earlier and earlier” each season...the ranch’s carrying capacity was previously 200 head of cattle, it’s now only able to sustain 50 head due to the lack of irrigation..." Ruling invalidates Klamath irrigators' injunction, H&N 9/9/22. “Any number of tribal and non-tribal parties can sue the government to take water away from irrigators, but irrigators can’t sue to protect their own interests in water.”
9th Circuit rejects arguments against farming in Klamath wildlife refuges, Capital Press 7/19/22. "A unanimous panel of three 9th Circuit judges has now upheld that decision, ruling that the Fish and Wildlife Service’s plan complies with all the laws governing the 200,000-acre refuge complex... The 9th Circuit has disagreed with that argument, ruling that the Fish and Wildlife Service’s plan struck the appropriate balance between agriculture and wildfowl management as required by refuge management statutes...FWS adequately explained that some amount of pesticide use was necessary on the Refuges to ensure sufficient crop production, on which Refuge waterfowl now depend..."
Klamath Drainage District Press Release:
Reclamation files surprise complaint against KDD,
District disappointed in government's conduct July 11.
2022. "Scott White, General Manager for the district
notes that this is not a contract issue at all and
points to the district’s existing water rights of
record. 'The Bureau has literally acknowledged and
affirmed KDD’s water rights in the past and encouraged
us to exercise them when there is no Project Supply
available,'said White. 'It’s incredible that they claim
we are in breach of contract for doing the very thing
they asked of us for years.' '...The district is also
bound by contract to deliver water to water users
outside of the district, but the complaint makes no
mention of the district currently facilitating the
conveyance of water to the refuge under state law. 'The
Bureau is out of its lane in picking and choosing which
law to recognize,' states Bill Walker, President of the
district. 'The Bureau supports state law when it means
getting water to their land but does not when it means
getting water to family farmers and ranchers...'" Klamath Tribes sue federal government over water releases to farmers, Capital Press 5/13/22. "...KWUA says the anticipated 50,000 acre-foot Project allotment represents no more than 5% of all the water that will be used this season from Upper Klamath Lake. About 40% will be sent down the Klamath River for ESA-listed salmon, 28% will be held in the lake for C’waam and Koptu and 27% will be lost to evaporation..." KBC NOTE: Klamath Project irrigators store their irrigation water in Upper Klamath Lake, causing the lake to be higher than historically possible before the Klamath Project was built. The highest sucker counts were when the lake was lower, before the ESA mandated confiscating our legally stored water.
Klamath Tribe suing Biden administration over Oregon
water to farmers, H&N 4/15/22.
“We implore you to rescind the 2022 plan and operate the
project this year consistent with the law, which
requires the prioritization of the needs of the C’Waam
and Koptu,” (Klamath Tribe Chairman Don) Gentry said
using native language terms to describe the suckerfish.
The fish also have spiritual, cultural and historical
significance to the tribes." Yurok Vice-Chairman Frankie
Meyers said, “The Upper and Lower Klamath Basin once
functioned as an integrated system that provided
abundant salmon, suckers and waterfowl with minimal
intervention. It is our duty to bring this system back
into balance and we will never stop working toward that
goal..."
OWRD/Oregon Water Resources Department counter claim against U.S. Regarding Bureau of Reclamation releasing legally-stored stored Klamath Project irrigation water into ocean 4/7/22. "...Section 8 of the Reclamation Act of 1902, which authorizes Reclamation to operate the Klamath Project in Southern Oregon and Northern California, expressly requires Reclamation to comply with state water law in those operations..." KBC NOTE: FYI, 2 of the Plaintiffs are PCFFA / Pacific Coast Federation of Fishermen and IFFR / Institute for Fisheries Resources. According to PCFFA, "Rather than seek out yet another unrelated non-profit to funnel the money through, PCFFA created a new organization (IFFR)..." Judge halts curtailment for Siskiyou County irrigators, CFBF AgAlert 4/6/22. "Irrigators in Siskiyou County have won a court ruling to temporarily block a state water curtailment order that would have prevented area farmers and ranchers from tapping into percolating groundwater supplies they have relied on for decades...."Historically, the State Water Resources Control Board has not had jurisdiction over groundwater, and this was a classic example of government overreach where they exerted jurisdiction over percolating groundwater without authority and without evidentiary support."
Environmental groups fail to stop Southern Oregon logging projects, Capital Press 4/7/22. "Environmental groups have failed to convince a federal judge to block two logging and fuels reduction projects on 8,000 acres of public forestland in Southern Oregon." Speak up about River Democracy ActRiver Democracy Act that Senators Ron Wyden and Jeff Merkley are pushing...why are some of the designated streams not streams at all, but dry washes? Why are the stream buffers increased from a quarter a mile to half a mile? The act has pages of coordinates of the streams, rivers, and dry gulches to be protected, but not one map...This act talks a lot about fire resiliency, but supplies no details as to how locking up 3.1 million acres of federal land will reduce threat of fire to land, lumber and lives. What will the long-term economic effect of this bill have on rural Oregon?..Wyden’s bill has a $30 million price tag...every year — forever.,,"
Appeals court stays injunction against Upper Klamath Lake releases, H&N 12/30/21. "... the lack of an injunction won’t change the way water is currently flowing in the basin, because the presence of an injunction didn’t do so either..." Judge refuses to declare Oregon state forest logging 'takes' coho salmon, Capital Press 12/24/21. "A federal judge has refused to declare that logging activities in Oregon’s Clatsop and Tillamook state forests have unlawfully harmed threatened coho salmon..." Agriculture faces host of new state laws in California, AgAlert, CFBF 12/22/21. Farmworker overtime, hen living conditions, pot and ag, animal housing, veal, slaughter rules... How Biden's infrastructure package invests in farming, rural communities, Capital Press 11/9/21. "...$8.3 billion in water projects including irrigation modernization, improved water storage and conveyance, aquifer recharge and repairs...Klamath habitat: Some $162 million will go toward Klamath habitat restoration work by the U.S. Fish and Wildlife Service..." KBC NOTE: "improved water storage" ? We HAVE excellent water storage which the Bureau of Reclamation, against a court order, did not allow irrigators to use this summer. How can we recharge our aquifer, after we must pump our aquifer to farm because the Bureau stole our stored water, if the Bureau won't allow us water to recharge it? $162M to FWS for Klamath for habitat restoration? That usually means land and water rights acquisitions. What a deal. Bill to track foreign ownership of farmland introduced into U.S. Senate, Capital Press 11/1/21. "...foreign investors have bought more than 35 million acres of U.S. farmland worth $62 billion — about 2.7% of all privately held land nationwide..." Upper Klamath irrigators challenge water transfer to wildlife refuge, Capital Press 10/1/21. "A lawsuit claims Oregon water regulators have authorized a water transfer to a wildlife refuge without properly analyzing the impacts on Upper Klamath irrigators. Judge refuses to restrict water releases from Upper Klamath Lake, Capital Press 5/6/21 Klamath Water Users Association brings legal challenge to Klamath Project operations, KWUA News Release 4/22/21. "Klamath Water Users Association filed court papers to re-open a lawsuit and seek a ruling that the Bureau of Reclamation’s current approach to regulating water deliveries for the Klamath Project is illegal. KWUA filed a motion in federal court asking the court to lift a stay of existing litigation and then rule on critical legal issues that affect irrigation water availability...The Yurok Tribe and Pacific Coast Federation of Fishermen’s Associations (PCFFA) sued the Bureau of Reclamation and National Marine Fisheries Service for alleged violations of the Endangered Species Act (ESA) related to Project operations that had been adopted to control Project operations from 2019-2024...." Klamath Irrigation District v. US Bureau of Reclamation, regarding Waters of the Klamath River Basin, Emergency Motion for Preliminary Injunction 3/29/21. "...Reclamation sometimes says it is using stored water in UKL to fulfill trust obligations it has to the Hoopa Valley and Yurok Tribes, both of which are located in California. But Reclamation’s trust obligations to the tribes in California afford no water rights to use stored water in UKL, as neither Tribe (nor Reclamation on their behalf) has ever claimed a water right in UKL in the Klamath Adjudication..." Amicus brief United States v. Cooley filed in the U.S. Supreme Court explains why Klamath Project irrigators lost the 20+ year takings lawsuit filed by counsel who never had the chance of winning, Lawrence Kogan, Kogan Law Group 3/20/2021 Court upholds Klamath Tribes' water rights, irrigators plan to challenge, H&N 2/27/21. "...Paul Simmons, executive director of the Klamath Water Users Association, said Klamath Project irrigators are largely unaffected by the decision, as a settlement prevents the Tribes from using water rights in Oregon to curtail deliveries to the Project from Upper Klamath Lake..." New Court Ruling Could Prevent Curtailments of Irrigation in Upper Klamath Lake Tributaries, KWUA News Advisory 2/25/2021. "The ruling has no immediate consequences for Klamath Project irrigators. Administratively-recognized water rights in Upper Klamath Lake cannot be asserted against the Klamath Project under an agreement made several years ago. Klamath Project irrigators have the right to contest the quantification of that right later in the court phase." Upper Klamath Lake forecast looking poor for fish and farms, H&N 2/19/21. "Klamath Tribes have filed a notice of intent, saying they will sue the U.S. Bureau of Reclamation for violating the Endangered Species Act if Upper Klamath Lake dips below levels outlined in the 2020 biological opinion this spring...'We know that we’re in a very serious situation,' (Klamath Tribal Chairman) Gentry said. 'It looks like there’s going to be very little water, if at all, for irrigation.' ” Siskiyou County Water Users Association MOTION TO LEAVE TO INTERVENE for Federal Energy Regulatory Commission's Klamath (P-2082-063) and Lower Klamath (P-14803) Projects, Regarding Notice of Application for Surrender of License (of Klamath Hydroelectric dams) 2/3/2021 Oregon Supreme Court: Order denying petition for Writ of Mandamus and dismissing motion to stay, signed by Martha L. Walters, Chief Justice, Supreme Court 2/2/2021. In KID vs OWRD, The supreme court denied OWRD stay. They must abide by Judge Bennett's order and take over the Link River dam and abide by Oregon Law. KID wins again, Oregon Court of Appeals, KID vs OWRD 1/14/2021. OWRD's/Oregon Water Resources Department's motion for stay is now "moot". Judge Bennett's order, that OWRD must not allow stored water in Klamath Lake reserved for irrigation to be illegally used or dumped into the ocean, is not currently appealable.
***ANOTHER
WIN FOR KID / KLAMATH IRRIGATION DISTRICT, KID vs OWRD:
***Circuit Court of Oregon to Klamath Irrigation District, KID vs OWRD (Oregon Water Resources Department) 12/17/20. "...the Oregon Water Rights Act and this court's order...require the Respondents, and in particular the Watermaster, Danette Watson, to prohibit the distribution of Stored Water unless it is for a legally permissible use by parties with an established right or license to use the Stored Water...Petitioner, having an established interest in the Stored Water in the UKL, certainly has standing to demand that the Watermaster stop the distribution to any person who does not have a right, recognized by OWRD, to take and use the Stored Water."
Reschke, Iverson: Oregon must stop sending Klamath water to California, H&N 11/3/2020. "Instead of complying with the court order, however, OWRD announced they plan to fight the ruling. OWRD is seeking a legal stay to allow them to continue to illegally divert water while their appeal is pending. And now California special interest groups are joining OWRD in the lawsuit." “Just because the Bureau has an obligation to provide water for the Yurok Tribe doesn’t give them the right to go steal someone else’s...” Klamath Irrigation District scores victory in water rights case, Capital Press 8/7/2020. "No party has provided this court with law or fact which allows the bureau the right to use stored water in the (Upper Klamath Lake) without a permit or license,” Bennett wrote in his opinion. “OWRD’s failure is a deprivation of a precious resource belonging to the people of Oregon. OWRD failure is also an infringement of property rights of established users, permittees and licensees.” US appeals court denies bid to resurrect Bundy standoff case, H&N 8/7/20. "Navarro found “deliberate attempts” by the FBI and prosecutors “to mislead and distort the truth.” She blamed FBI agents for “reckless disregard” of requirements to turn over evidence relating to government snipers and cameras that monitored the Bundy homestead...government agents “threatened the Bundys’ lives, killed their cattle, assaulted family members and perpetrated tyrannical executive power over them.” ***KID / Klamath Irrigation District vs OWRD/Oregon Water Resources Department 7/30/20: "...respondents are ordered to stop releasing Stored Water from the UKL (Upper Klamath Lake) without determining that the release is for a permitted purpose by users with an established right, license, or permit to use the Stored Water in the UKL" Ninth Circuit Court decision could benefit many Oregon ranchers, H&N 6/24/2020 'Takings' case closed, H&N 6/23/2020. "After nearly two decades, the takings case stemming from the water shutoff to the Klamath Reclamation Project in 2001 is closed. The U.S. Supreme Court made the announcement on Monday that it has denied a petition to review a lower federal court’s decision that ruled that Project irrigators of about 175,000 acres on the Oregon and California border are not entitled to compensation for the re-allocation of water under the Endangered Species Act in 2001..." SCOTUS Blog Coverage: Baley v. United States 6/22/2020. Judge in Seattle to rule on wolf removal, Capital Press 6/22/2020. "The Wedge pack has attacked at least four calves in Stevens County between May 11 and June 17, but the department has not opted for lethal removal. The calves belonged to two different producers." Walden, LaMalfa, Bentz: Supreme Court must prevent uncompensated theft of Western water, Pens Op-ed in Washington Examiner, 6/18/2020. " ! Klamath Irrigation District requests a temporary restraining order against OWRD, Director Byler and Watermaster Watson, filed 6/12/2020. Bureau Of Reclamation, with an agreement with PacifiCorp, is presently diverting an extreme amount Klamath Irrigators' stored water into Klamath River, and Upper Klamath Lake elevation is rapidly lowering: "...enough to supply one acre foot of water to at least the 10,342 acres of land in Klamath Basin Improvement District, 3,911 acres of land in Shasta View Irrigation District, 2,981 acres of land within Enterprise Irrigation, and 904 acres of land in Pine Grove Irrigation District, which are shut-off and not receiving any water from UKL reservoir..." Court denies Yurok Tribe effort to increase downstream Klamath River flows, H&N 5/24/2020. Klamath water users oppose Yurok Tribe request for flow increases 5/19/2020. "Klamath Water Users Association (KWUA) filed its opposition with a federal court to a motion filed the Yurok Tribe and Pacific Coast Federation of Fishermen’s Association that was filed May 13. The tribe’s motion requests that the court re-open a lawsuit that was put on hold for two years in March, and that the court immediately require increased flows below Iron Gate Dam in the Klamath River.." Yurok Tribe joins lawsuit seeking temporary restraining order to restore essential water flows for Klamath River salmon, Del Norte Triplicate 5/18/2020. "The Yurok Tribe joined the Pacific Coast Federation of Fishermen's Associations and the Institute for Fisheries Resources in pursuit of a temporary restraining order to reinstate water flows on the Klamath River." Klamath Irrigation District vs Oregon Water Resources Department, filed May 14, 2020. Supreme Court scales back scope of groundwater pollution ruling, Capital Press 4/29/2020. Klamath Project operations unchanged by OWRD ruling, H&N 4/26/2020. KBC Note: The article reads: "The order urges the Bureau of Reclamation to stop releasing stored water from Upper Klamath Lake..." The court order reads: "The BOR is hereby ordered to cease releasing stored water from UKL reservoir..." They continue to divert our stored water out of Upper Klamath Lake. Klamath water allocation short of demand for farmers, ranchers, Capital Press 4/24/2020. "The U.S. Bureau of Reclamation will provide approximately 140,000 acre-feet of water to farms and ranches from Upper Klamath Lake in 2020...only one-third of historical demand for the Klamath Project...The plan, finalized Wednesday, comes on the heels of a lawsuit filed by the Yurok Tribe, Pacific Coast Federation of Fishermen's Associations and the Institute for Fisheries Resources against the bureau, seeking an additional 50,000 acre-feet of water for salmon..." OWRD takes charge of Upper Klamath Lake, H&N 4/24/2020. "The (court) order said it prohibits U.S. Bureau of Reclamation from diverting stored water in Upper Klamath Lake through Link River for purposes of a 50,000 acre-feet flushing flow without a water right." KBC NOTE: Rumor has it that the Bureau is defying the court order and continues to divert our stored water into the ocean. American Farm Bureau urges Supreme Court to hear Klamath water case, CFBF AgAlert 4/22/2020. "Under the rule announced by the (appeals court), farmers and ranchers in the arid West operate under the constant threat that federal bureaucrats will unilaterally override their water rights in service of federal interests once more, just as they did in 2001," the brief said, adding that "the stakes for farmers and ranchers thus could not be higher." ALTERNATIVE WRIT OF MANDAMUS, KID v OWRD 4/21/2020 Diverse Crowd of Parties Supports Request for Supreme Court Review in Klamath Water Takings Case, KWUA News Release, 4/19/2020. Baley v. United States: Water Users in the Klamath Project Petition the U.S. Supreme Court for Certiorari, 4/17/2020, Somach Law firm. 4/4/2020 - KBC NOTE: PCFFA (Pacific Coast Federation of Fishermen), IFR and Yurok Tribe sued to take another 50,000 acre feet of Klamath Project stored water to dump into Klamath River. Klamath Water Users settled for giving up 23,000 acre feet of their deeded water. Yuroks celebrate their victory: Yurok Tribe and commercial fishing families secure more water for salmon, The Yurok Tribe, the Pacific Coast Federation of Fishermen’s Associations (PCFFA), and the Institute for Fisheries Resources (IFR, represented by the nonprofit environmental law firm Earthjustice, have successfully obtained a new three-year plan from the Bureau of Reclamation (Reclamation) for operating the Klamath Irrigation Project to increase springtime flows in the Klamath River. Agreement Buys Time on New Klamath Project Ops Plan, KWUA 3/30/2020. Oregon water regulators exceeded authority, judge rules, Capital Press 3/17/2020. "In 2018, OWRD established a rule that wells within one mile of a waterway in the Upper Klamath Basin will substantially interfere with surface waters and thus can be regulated off at the tribes’ request...The judge has now agreed with the plaintiffs’ argument that Oregon’s water law doesn’t allow for such a restriction without OWRD going through the formal process... the agency would have to show that wells are substantially interfering with surface waters and determine how much water irrigators can sustainably withdraw from the aquifer each year...Without that opportunity, the agency unconstitutionally deprived them of property rights without due process, the judge said." *** Klamath 'takings' case filed with U.S. Supreme Court, Capital Press 3/13/2020. "Agricultural producers in the Klamath Project have taken the water “takings” case to the highest court in the land..." Yurok vs. Reclamation case moved to March 6, H&N 2/28/2020 Klamath Project farmers say question marks loom over coming season, Capital Press 2/19/2020. "Without those plans — known collectively as the Klamath Project Biological Opinion, or BiOp — Kirby said he cannot predict how much water will be available for the 400-plus family farms and 65,000 irrigated acres in his district...a lawsuit filed by the Yurok Tribe in California, Pacific Coast Federation of Fishermen’s Associations and Institute for Fisheries Resources also seeks a preliminary injunction to keep another 50,000 acre-feet of water in-stream for Klamath River salmon this year..." KBC NOTE: "PCFFA, IFFR and Yurok Tribe, all signatories to the closed-door Klamath water "agreements," have sued Klamath Irrigators in the Takings Case claiming they should must not be reimbursed for the 2001 water shutoff, when many family farmers, with deeds signed by a U.S. president with "water appurtenant" to their land, went bankrupt." Those groups petitioned against the farmers on water quality, water quantity, and are still demanding that the Klamath River hydro dams are removed.
LaMalfa Praises Senate for USMCA Passage, LaMalfa
News Release 1/16/20 New Laws 2020 Edition - California Capitol Update Friday, January 10, 2020, CFRW. "SB 104- California is now the first state in the nation to offer free healthcare to illegal immigrants who are between the ages of 19-25. We already provided this to illegal immigrant children, this is an expansion of that program....Governor Newsom unveiled his 2020 budget this week and it clocked in at $222 billion, the largest spending plan in our state's history...In just a decade, our state budget has grown by almost $90 billion... "Despite the $64 billion in additional Medi-Cal spending, researchers at the National Bureau of Economic Research did not detect significant improvements in patient health", according to Assemblyman Kiley. Furthermore, "after a $39 billion increase in education spending, the National Assessment of Educational Progress finds that Californian's 8th grade math and reading scores continue to decline". And finally, Assemblyman Kiley stated that "despite $7 billion in additional spending on social and welfare programs, the Census Bureau reports California continues to have the highest level of poverty in the nation." Oregon starts appeals of $1 billion timber verdict, OPB 12/26/19. "In November, a jury in Linn County ruled that the state breached its contract with 13 rural counties by failing to generate enough revenue through logging on state-owned forests. Jurors awarded more than $1 billion in damages..."
Court Denies Farmers’ and Ranchers’ Just Compensation Claims in Water Takings Case Western Water Law challenged in the process, KWUA 11/14/19
Groups sue over Klamath River water: KRRC's dam removal
efforts continue, OPB 8/8/19. Klamath Basin water takings case argued in Washington, D.C., Compensation sought for federal 'taking' of water in 2001, H&N 7/11/19. Justice Thomas: “Nothing in the Constitution Prohibits Passing Laws Prohibiting Dismemberment of a Living Child,” Life News June 28, 2019 Federal judge rules against WOTUS, Capital Press 5/31/19 Oregon Disarmament Bill: SB 978 by Dennis Linthicum, Oregon State Senator District 28, 4/25/19. CFBF Legislative Review 4/19/19...ag employee housing, pot, marketing, hemp, pesticides, ESA-protected Tricolored Blackbirds. Lawsuit renews attack on grazing in Oregon national forest, Capital Press 4/18/19. KWUA files lawsuit against Reclamation, H&N 4/12/19. "Klamath Water Users Association, which had announced its intent to file suit last week, did so against Bureau of Reclamation on Thursday due to limitations to water supply for the Klamath Project outlined in the 2019 biological opinions." California Farm Bureau Federation Friday Legislative Review KBC 4/12/19. KID, KWUA sue agencies over water supply followed by Fears of Flooding, H&N 4/7/19. California Farm Bureau Federation Legislative Review 3/22/19
ITTSD Motion for leave to File Amicus Brief, filed
by Lawrence A. Kogan 3/19/19, regarding Klamath Dam
Removal. PLEASE ATTEND, or COMMENT before March 12!!! Hearing Scheduled on Bill That Would Ban Forest Practices on Over a Million Acres in Oregon, OFS 3/8/19: "On Tuesday, March 12 at 1:00 PM, the House Committee on Energy & Environment will hold a public hearing on HB 2656. HB 2656 is probably the most threatening bill to Oregon’s managed forests by banning harvest, road building, and the use of pesticides and fertilizers in forestland that supplies drinking water for public sources. Thus, locking up over a million of acres..." California Farm Bureau Federation Legislative Review 3/8/19: emission reporting mandates, climate change, forests, construction mandates in high fire zones, wildlife. California judge upholds wolf protection, H&N 3/1/19. CFBF Legislative Review 3/1/19: Air quality, pot, climate change, zero greenhouse gas emissions, environmental regs, hemp, food, rural health and safety, drinking water fund, groundwater recharge, wildlife trapping, wildlife, ESA accidental take. California Farm Bureau Federation Legislative Review 2/22/19. California Farm Bureau Federation Legislative Review 2/15/19. Governor Newsom's intentions, budget and appointments, truck emission mandates, rural crime, utilities, $51.3million for safe drinking water, wildfire bills.
Oregon rivers, lands would gain protection under bill
passed by U.S. Senate, H&N 2/13/19.
"...according to Sen. Ron Wyden, D-Oregon, the
measure would provide protection for about 250 miles of
rivers and streams in Oregon. That would give the state
more wild and scenic designations than any other state
besides Alaska..." Oregon lawmakers debate multiple gun bills, H&N 2/13/19. "It would limit ammunition purchases to 20 rounds in a 30-day period and prohibit firearm magazines that can hold more than five rounds..... Cal Farm Bureau Federation Legislative Review, 2/8/19. More taxes, more 'restoration' 'conservation' and 'management' of rural farmland, water, forestry... CFBF Friday Legislative Review 2/1/19: biotechnology, Governor Newsom's proposed 2019 spending, bill to eliminate the cannabis cultivation tax and reduce the excise tax rate on commercial cannabis, proposed indoor heat illness prevention standard, land use.
Local rules governing control of well use in the
Upper Klamath Basin: OWRD / Oregon Water
Resource Dept. Notice of Proposed Rulemaking,
filed 1/29/19 California Farm Bureau Federation Friday Legislative Review 1/27/19: CLIMATE CHANGE - California Air Resources Board adopted plan for San Joaquin Valley farmers: retiring tractors, reduce emissions by conservation, replace ag pumps with electrical pumps, create inspection and maintenance program. AB 178 - To exempt California disaster victims from $15,000+ new residential home solar mandate, California Assemblyman Brian Dahle 1/11/19 California Farm Bureau Federation Legislative Review 1/11/19. Governor Newsoms' appointments, State Budget Proposal of $209 billion, Cap and Trade, Departments: Food and Ag, F&W, Cal Fire, State Water Resources Control Board, Transportation, ...Ag Ed, Cannabis, Commodities, Hemp, Land Use, Pest Management, Water Oregonians for Food and Shelter Legislative Review 1/11/19. Bans neonicotinoids, aerial pesticide prohibition, forest practice bans, dairy size prohibitions and regulations, Articles: Carbon Cap, Wolf talks, Klamath Refuge Management Attacks, Walden townhalls. CFBF / California Farm Bureau Federation Friday Legislative Review 12/14/18. "The Commission formally accepted a petition to list Northern California summer steelhead under CESA and formally received the Department of Fish and Wildlife’s (DFW) petition evaluation of a petition to list the 2 Klamath-Trinity river spring Chinook salmon under CESA. DFW determined that the request for listing may be warranted in its evaluation of the spring Chinook petition. This determination means there is little doubt that the Commission will vote to make that run of Chinook salmon a candidate in the near future." Congress OKs bill to allow killing sea lions to help salmon, H&N 12/12/18. "...sea lions...dramatically increased from about 30,000 in the 1960s to about 300,000 following enactment of the 1972 Marine Mammal Protection Act." CFBF Friday Legislative Review 11/30/18. CFBF Friday Legislative Review 11/16/18. Climate, air quality, ag education, pesticides, Prop 65... Klamath Tribes drop ESA lawsuit against BOR. Merkley to hold PRIVATE Sucker Recovery Summit November 16 in Klamath Falls, H&N 11/9/18.
California Farm
Bureau Federation Friday Legislative Review 11/9/18:
"...regulatory requirement if the goal of retiring 12,000 tier
0, tier 1, and tier 2 tractors by 2024 is not met,'' hemp,
fertilizers, purchase of ag conservation easements, habitat
restoration, climate change briefings, pesticides, proposed
regulations regarding Prop 65, ... California Farm Bureau Federation Friday Legislative Review 10/5/18. Hemp, labor, land use, pests, seed, transportation California Farm Bureau Federation Friday Legislative Review, posted to KBC 9/28/18. Pot, commodities, federal milk marketing order, air pollution monitoring, food safety rules and packaging mandates, land use bill, increased penalties regarding livestock, specialty crop grants, pest control, $3 million for monarch butterfly habitat. Project water relief funding advances, H&N 9/20/18. OFS Oregonians For Food and Shelter legislative update e-newsletter 8/17/18. Suspected carcinogen lawsuits, WOTUS is back, Ryan Zinke: 'Environmental Terrorist Groups' Play Role in Western U.S. Wildfires, forest management, politics.
Water case moves to Portland, H&N 8/15/18.
"A Klamath County court case that could affect both
endangered Lost River and shortnose sucker and the
outcome of the irrigation season in the Klamath
Basin has been moved from San Francisco to
Portland...in the case brought by Klamath Tribes..."
Judge urges state to act on Upper Klamath Lake water distribution, H&N 8/8/18. "...judge...ruled in favor of the Klamath Irrigation District...by urging the Oregon Water Resources Department to make a determination on the distribution of water in Upper Klamath Lake..." County intervenes in Klamath Tribes water allocation lawsuit, H&N 7/4/18. "...On May 29, the Tribes requested an injunction that could lead to a shutoff of irrigation water...Multiple other parties have filed their intents to intervene in the case, including the Hoopa Valley Tribe, Yurok Tribe, IFFR/Institute for Fisheries Resources, Klamath Riverkeeper and PCFFA/Pacific Coast Federation of Fishermen’s Associations. The case is assigned to Ninth U.S. District Court Judge William Orrick, in San Francisco..." KBC NOTE, FYI: Klamath Riverkeeper was formed by and includes Karuk Tribe spokesman Tucker and director Hillman and Klamath Tribe board members. PCFFA created IFFR. KWUA pushes back on (Klamath) Tribes lawsuit, H&N 6/29/18. “ 'I would suspect that if the Tribes prevail, we could expect a shutdown extremely soon after that,' said Scott White, executive director of the KWUA..." California Farm Bureau Federation Friday Legislative Review 6/22/18. Truck rules, CEQA, Commercial Feed, CPUC, Cal Fire and timber harvest, labor, land use, rural crime, taxation... Environmental, fishing groups sue Oregon over coho salmon, Statesman Journal 6/13/18. "...Poor logging practices by the Oregon Department of Forestry is causing real harm to the Oregon coast coho and commercial fishing families who depend on these magnificent fish for their livelihoods," Glen Spain (PCFFA/IFR attorney) said, the northwest regional director for the Pacific Coast Federation of Fishermen's Associations and the Institute of Fisheries Resources, both plaintiffs in the case..." "Rather than seek out yet another unrelated non-profit to funnel the money through, PCFFA created a new organization..." IFR / Institute for Fisheries Resources. KBC NOTE: That link directs you to PCFFA/IFR page detailing their many Earthjustice (partially funded by George Soros) lawsuits against Klamath Irrigators in the takings case, power rate case, shutting down suction dredge mining, Klamath River water quality TMDL's, essentially against timber harvest, farming, mining and river dams.
Notice of
potential litigation for defamation by Kogan Law Group
against Herald & News, Ed Bair, Ross Fleming, Jason
Chapman, more..6/7/18.
WELCOME TO CALIFORNIA! California Farm Bureau Federation Friday Legislative Review, 5/11/18. "...given an additional $2.5 billion funds, the Governor included three main proposals..." "...proposes $28.3 million in 18-19, $21.7 million in 19-20, and 79 positions to fully staff the CalCannabis program at CDFA...." "...Manure management..." "...a new tax on all services purchased by businesses in California..." PRESS RELEASE posted 5/5/18: Siskiyou County Water Users Association represented by attorney James Buchal announced today that they have filed a "Motion to Dismiss" with (FERC) in the matter of the application of PacifiCorp and the Klamath River Renewal Corporation / KRRC, which was served on the parties involved on April 24, 2018 California Farm Bureau Federation Friday Legislative Review 5/5/18. Pests, land use, marketing, nutrition, pot SF Judge denies Klamath Basin water users motion to delay, modify injunction, H&N 5/1/18. "Plaintiffs in the case, the Hoopa Valley Tribe and the Yurok Tribe, contend that their cultural heritage and economic wellbeing revolve around the salmon's health, as well as * Pacific Coast Federation of Fishermen's Associations (PCFFA), *Institute for Fisheries Resources (IFR), and *Klamath Riverkeeper."
KBC Editor - Who litigated against the irrigators,
and their prerogatives?:
*
PCFFA attorney Glen Spain writes how
they created IFR
to get non-profit funding by, namely, George Soros-funded
Earthjustice. HERE IS
PCFFA/Glen Spain/IFR
page. Browse the lawsuits against Klamath River miners,
lawsuits against Klamath Irrigators in the Takings Case
of 2001, lawsuits against Klamath Irrigators' power rate
deal with Pacific Power (when Klamath Project was built
and paid for by Klamath farmers, Pacific Power wanted
the free regulated river water for inexpensive power in
exchange for at-cost power rate for irrigators). Federal Judge Upholds Fish Disease Prevention Flows on Klamath River; Hoopa Tribe Celebrates Victory in U.S. District Court, Two Rivers Tribune 5/1/18.
ORDER DENYING MOTION FOR RELIEF FROM THE JUDGMENT AND
CLARIFYING INJUNCTION ORDERS April 30, 2018. California Farm Bureau Federation Friday Legislative Review 4/27/18. Animal welfare, pot, commodities, energy, forestry, labor, land use, nutrition, crime. Irrigators await Federal court ruling, H&N 4/24/18. "...The local irrigation districts claim that the prevalence of infection of fish are “misleading” and have asked that the court stay the injunction. The delay is holding up much needed spring water for irrigators in the Basin, as water supply canals low and inactive..." Irrigators may get their water as judge mulls altering injunction, H&N 4/20/18. California Farm Bureau Federation Friday Legislative Review 4/20/18. Antibiotics, budget, commodities, energy, labor, land use, nutrition, pot, water, wildlife California Farm Bureau Federation Friday Legislative Review 4/13/18. Ag, energy and utilities, depredation, forestry, taxation, nutrition, pot, land use, water 'A lot on the line' in water hearing. Irrigators wait on Klamath River court decision, H&N 4/12/18 KBC NOTE/short update: Presently the Bureau of Reclamation will not allow Klamath irrigators to even put water in the ditches to prepare for spring irrigation until they get direction from District Judge William Orrick. We can not plan to borrow money to plant fields, or not to plant. Will we keep or lose contracts from buyers who purchase grain, onions, potatoes, mint... , keep or lose fields, keep or lose those renting our fields. One judge can determine the fate of our entire farm community, when or if he will allow us to irrigate, thus farm, this year. Will our perennial crops that took years and tens of thousands of $ to establish, live or die? Our stored irrigation water is being sent down the Klamath River, with not a drop on our farms. Klamath water users to attend pivotal court hearing, Capital Press 4/6/18. "The Yurok Tribe, Pacific Coast Federation of Fishermen’s Associations, Institute for Fisheries Resources, Klamath Riverkeeper and the Hoopa Valley Tribe sought the injunction to protect juvenile coho after several years of deadly C. shasta outbreak.
California
Farm Bureau Federation Friday Legislative Review
3/23/18: land use oversite, nutrition, funding
replacement of diesel trucks and equipment, ag equipment
emissions, anitbiotics, heat illness prevention,
commodities, education. BOR PRESS RELEASE: Reclamation Responds to Klamath Water Users’ Motion in District Court, Outlines Proposed 2018 Operations, 3/24/18. "Reclamation’s proposal includes implementing a full surface flushing flow, augmented with non-Project water; forgoing an emergency dilution flow; and providing Klamath Project irrigators with a supply of 252,000 acre-feet – 65 percent of a full project supply – with deliveries commencing on April 19 with charging of main canal networks." KID threatens to file suit against BOR; District requiring BOR response by Wed, H&N 3/23/18. " '...by the Bureau not distributing water in accordance with water law as it exists, they're causing irreparable harm to every irrigator in the state,' Reitmann said." Agency may be awash in red ink from water litigation; The Oregon Water Resources Department is on track to overspend its litigation budget by $1.3 million in the 2017-2019 biennium, Portland Tribune 3/19/18. "Litigation over water has increased mostly due to more regulatory calls cutting off water to junior irrigators in the Klamath Basin...The agency has a legislatively adopted budget of $98.6 million for 2017-2019." Klamath gets mixed bag out of short session, H&N 3/11/18. "House Bill 4016 would have allowed irrigators within the Klamath Project to temporarily transfer water rights from one property to another to help mitigate potential droughts...'Despite multiple supporting testimonies from local constituents, this bill died in committee, due to opposition from Portland environmental and local tribal groups,' said (Rep)Reschke." (Klamath) Water users push back on injunction, H&N 3/9/18. “Even last year, when it was wet, we almost weren’t able to start irrigation on time because of the possibility a dilution flow might be required, and letting that water out of Klamath Lake would end up affecting ESA requirements for suckers,” said Brad Kirby, president of KWUA..." California Farm Bureau Federation Friday Legislative Review 3/2/18 California Farm Bureau Federation Legislative Review 2/23/18: Cap and Trade, Farm Ag Emissions, milk and livestock waste, forests, sick leave, "program to provide documentation to undocumented workers," harassment and discrimination, housing, invasive species, wild pigs, Monarch butterfly habitat, school food, additional trucker requirements, mandates for old farm trucks.
House committee approves Klamath Project water bill,
H&N 2/20/18. "...HB
4016 would allow irrigators in the Klamath Project to
temporarily transfer water claims between properties
within the same irrigation district..." California Farm Bureau Federation Friday Legislative Review, 2/16/18. New Bill Introductions, Cannabis, Climate, Commodities, Natural Resources, Nutrition, Water, and New Appointments
2/16/18 - Oregon Rep. E. Werner Reschke’s water
bill HB 4016. He serves as Vice-Chair of House Energy and Environment
committee and has been working hard to get this bill passed to support
water rights in the Klamath project. The bill (relating to determined
claims) was passed unanimously in bi-partisan Committee on Wednesday and
referred to Rules where it is expected to pass the Senate as well.
*
Tribes seek higher water levels for Upper Klamath; lawsuit notice filed,
possibility of extinction-level event cited, H&N 2/14/18. Linthicum drafts bill to defund dam removal, H&N 2/14/18. "...the cost for dam removal could amount to $950 million, with no specific plan yet in place to fully fund the project. He also said sediment could total 20 million cubic yards and releasing it downstream would impact long-term fish habitats..."
California Farm Bureau
Federation Friday Review / Governmental and Legislative Update
1/26/18. Taxes Taxes Taxes Klamath Infrastructure Improvement Act (H.R.4329) 11/10/17 House Passes Important Legislation to Promote Hydropower, Energy & Commerce 11/8/17. H.R.3043. "This Act may be cited as the “Hydropower Policy Modernization Act of 2017:" https://www.congress.gov/115/bills/hr3043/BILLS-115hr3043eh.xml “Takings” outcome seen as win for Tribes, H&N 10/5/17. |