NOTICE: K.I.D.
Anticipates
Early-Mid September
Conflict
with
Reclamation's 2024
Operations Plan
|
Patrons, including
those with a
pre-Reclamation era
water right of 1883
and 1884, and rights
outside the
jurisdiction of the
federal government,
served through the A
Canal should
anticipate
significant
disruptions or
denial of water to
finish crops which
will likely be
outside the control
of K.I.D. or under
significant durresss.
Efforts by K.I.D.
since 2020 to
prevent this appear
to have failed.
Read the newsletter
below to learn more. |
-
K.I.D. Directors
Meeting Notes
and Video from 8
August 2024
-
Remaining 2024
Irrigation Water
Facts
-
Exceeding
260,000 AF In
context
-
Irrigation
Seasons
2025-2029 =
Transitioning
from Rotten
Lemons to
Spoiled Milk
-
K.I.D. Directors
ask Congressman
Bentz for
assistance
-
What we are
reading
-
Upcoming Events
|
Klamath Irrigation
District Board of
Directors Meeting 8
August 2024
|
|
Meeting Purpose
Klamath Irrigation
District (KID)
Board Meeting with
an invitation to
Congressman Cliff
Bentz to discuss
water issues,
Reclamation's
2025-2029 proposed
action, and
legal/financial
matters.
Key Takeaways
-
KID thanked
Congressman
Bentz for his
efforts and
introduced
legislation to
help resolve
issues in the
Klamath Basin
-
The current
water situation
is concerning -
below median
precipitation
and inflows,
with limited
remaining
project supply.
-
Reclamation's
proposed 5-year
action would
significantly
reduce water
allocations
compared to
previous years.
-
Discussions on
dam removal
impacts,
sediment
mobilization,
tribal
ceremonies, and
funding
opportunities
Topics
Water Situation
Update
-
Precipitation is
slightly below
average but
above the median
for the basin
-
Upper Klamath
Lake inflows
under 800,000
acre-feet, well
below the period
of record median
-
The remaining
~72,000
acre-feet
project supply
is concerned
with high-demand
-
Upper Klamath
Lake levels are
NOT projected to
dip below the
biological
opinion
threshold for
endangered
suckerfish
Reclamation's
Proposed 5-Year
Action
-
Will provide
only 161,000
acre-feet supply
in median years,
far below
contractual
obligations and
sustainable
levels
-
Significant
reduction from
previous
allocations like
338,000
acre-feet in
2019
-
Gene believes
numbers are
unacceptable and
too low, and
prefers a much
shorter 1-year
duration.
Dam Removal &
Sediment
Mobilization
-
No additional
water releases
are planned,
relying on
natural flow
variability to
move sediment.
-
The Yurok
Tribe's modified
ceremonial
requirements to
work within
limited water
availability.
-
Pre-Dam Removal
testing shows
sediment is not
toxic, though
optics are
unattractive and
existing reports
are challenging
the pre-dam test
results
Funding
Opportunities
-
Reclamation
exploring
opportunities
through the
Inflation
Reduction Act
and
infrastructure
law
-
Potential $50
million for
Klamath Project,
but contingent
on further
reducing water
supply
Next Steps
-
Continue holding
payment on Link
River Dam costs
until other
districts'
decisions are
made.
-
Discuss
litigation
strategy,
financial
matters, and
funding
competition in
executive
session.
-
Reclamation to
provide an
update letter on
projected water
supply and
recommendations
Watch or read the AI
generated transcript
of the full 1 hour
open session at this
link
The open session is
just over 1 hour. |
|
REMAINING
2024 WATER
AVAILABILITY
|
|
LESS THAN
65,000
ACRE-FEET OF
WATER REMAIN
At the
current
rates of
irrigation
water demand
the amount
of water
Reclamation
announced as
available
will be
exhausted in
early
September.
More than 1'
(~98,000
acre-feet of
water) will
remain in
the lake
ABOVE the
expiring
biological
opinion
levels
through 30
September |
|
|
LETTER FROM
RECLAMATION
ASKING FOR
ORDERLY END
TO THE
IRRIGATION
SEASON
Meetings are
scheduled
between
districts
and with
Reclamation
to discuss
limitations
and
remaining
demand for
irrigation
water
Read
Reclamation's
Letter to
K.I.D. → |
|
|
WATER
ANALYSIS
CHARTS FROM
THE 8 AUGUST
BOARD
MEETING
The charts
utilized to
update
Congressman
Bentz and
the
Directors
can be found
starting at
chart #14 in
the briefing
below. It is
probably
best to
watch,
listen, or
read the
transcript
above
starting
shortly
after the 1
hour mark.
Download the
charts → |
|
|
WHAT HAPPENS IF
K.I.D. EXCEEDS
260,000.01 ACRE-FEET
OF WATER RETURNED TO
THE FORMER LAKES,
SWAMPS, MARSHES, and
WETLANDS AND
IMPLEMENT THE FLOW
THROUGH CONCEPT AS
OUTLINED IN K.I.D.'s
(THE applicant) ESA
PROPOSED ACTION?
|
|
✓ NO VIOLATION OF
K.I.D.'s LEGAL AND
CONTRACTUAL
OBLIGATIONS |
✓ NO VIOLATION OF
OREGON WATER LAW |
✓ NO THREATENED OR
ENDANGERED SPECIES
NOR THIER HABITAT
JEAPORDIZED |
✓ NO ACTION BY
OREGON WATER
RESOURCES DEPARTMENT
TO PREVENT STORED
WATER FROM BEING
RELEASED FOR
PURPOSES WITHOUT A
WATER RIGHT |
|
✓ KID
DIRECTORS OR
OFFICERS VULNERABLE
TO PATRON LAWSUITS
IF DIRECTORS DECIDE
NOT TO FULLFILL
LEGAL & CONTRACTUAL
OBLIGATIONS |
✓ OVER 293 FARMERS
VULNERABLE TO
LOOSING DRA FUNDING
FOR FALLOWING THEIR
GROUND IN 2024 |
✓ K.I.D.
DIRECTORS DECIDE IF
THEY ARE GOING TO
PAY THE REMAINING
2024 INVOICE FOR THE
OPERATION AND
MAINTENANCE ON LINK
RIVER DAM |
|
✓ LIKELYHOOD OF
FEDERAL BREECH OF
CONTRACT WITH KID
INCREASES |
✓ LIKELYHOOD OF
FINES / FEES / JAIL
FOR K.I.D. OFFICERS
THREATHENED BY THE
U.S. DEPT OF JUSTICE
(Snoddgrass and
Williams - Likely at
the beheast of
Anderson through
Bergstrom) |
✓ IMPROVED
ECOSYSTEM FOR
ENDANGERED SUCKERS
IN THIER NATURAL
HABITAT, IMPROVED
HABITAT AND FALL
FOOD FOR MIGRATING
BIRDS, WILDLIFE
IMPROVEMENTS |
|
K.I.D. Executive
Director
shares his analysis:
2025-2029 Irrigation
Seasons are already
known to be
significantly worse
than 2023 and 2024
|
Image: Fields of
Solace by Melissa
Heilig. https://www.mhfinearts.art/about-the-artist Image
used with
permission. |
|
From our Executive
Director: Previous
K.I.D. newsletters
have provided a
summary of
Reclamation's
proposed action
scheduled to go into
effect on 1 October
2024, likely with
additional
restrictions placed
on Reclamation in
the agency's
separate biological
opinions by the
federal employees
who developed
REclamation's model.
In reading
Reclamation's
2025-2029 proposed
action, specifically
Appendix C, and
relying upon my
interaction with the
federal officers
since 2019,
I believe the
following
observation is true
and accurate:
Select Members of
the U.S. Government
Joyfully
Place the Following
On the Menu for
2025-2029:
-
Anticipate
foreclosures on
many family
farms in Klamath
Irrigation
District's
service area
through 2030
-
Promotion of the
growth of
invasive weeds
across former
meadows and
wetlands will
negatively
impact the
remaining farms
costs and
productivity
-
Significant loss
of Klamath,
Modoc, and
Siskiyou County
tax budgets for
various social
programs to
include:
-
Cuts to schools
-
Cuts to feed the
kids programs
-
Cuts to youth
sports
-
Cuts to parks
-
Cuts to public
works
(sidewalks,
roads, bridges)
-
Cuts to Public
Safety
(Sherriff’s
office)
-
Cuts to elderly
care
-
Cuts to drug and
alcohol services
-
K.I.D. likely
required to
abandon
modernization
efforts for
water
efficiencies
-
Ecosystem
decimation by
arrogance not
science
-
No restoration
of endangered or
threatened fish
-
No new births of
endangered
whales or whale
habitat
-
No new or
enhanced coho
habitat in the
mainstem of the
Klamath River
-
A waste of $10M
in taxpayer
funds is used to
study the Keno
Dam instead of
preparing to
remove it and
replace the
natural reef.
...and on Jim
Simondet's special
menu
-
Farmer Fresh
Fillet of Soul
-
Roasted Rancher
Oysters
-
Dehydrated Water
My research
indicates that the
thanks for this
action are directly
tied to the
Department of
Interiors Senior
Solicitor, Robert
(Bob) Anderson, who
has been involved in
Klamath issues since
at least the Clinton
Administration,
Scott Bergstrom,
also with the
Department of
Interior and is
directly responsible
for the processing
of payment for
heavily biased flow
models between 1996
and 2006 which has
further promoted the
destruction of
agriculture since
the mid-1990s,
Department of
Justice's natural
resources attorney
Todd Snoddgrass who
continues to
misrepresent and
mislead judges as to
the water-right
issues at hand which
are outside the
discretion of
Reclamation's
obligations under
the Endangered
Species Act, and his
partner in crime
Robert Williams. In
addition, the
federal government
refuses to challenge
Jim Simondet or his
team, to make them
produce evidence of
their opinions, nor
to hold them
accountable for the
losses he is
directly inflicting.
It also bears
mentioning that our
beloved State of
Oregon created this
situation by not
appealing Judge
Orrick’s decision
and withdrawing its
order upholding
Oregon Law (after
letting itself be
sued in an
out-of-state federal
court) and agreeing
to undermine the
results of the
Klamath
Adjudication.
The evidence of
these statements are
included in the
documents
consolidated here. |
|
|
Reclamation Issues
New Biological
Assessment To
Downsize the Klamath
Project
|
|
Reclamation is
seeking ESA approval
for a plan that is
expected to produce
water shortages in
the Klamath
Irrigation District
(KID) and Tulelake
Irrigation District
(TID) seventy-seven
percent (77%) of the
time. Under this new
plan, there will be
no water at all for
KID and TID
approximately 16% of
the time. Since B
and C contractors
within the Klamath
Project only receive
water after KID and
TID needs are fully
met, this plan is
expected to put many
B and C contractors
out of business and
significantly
downsize the Klamath
Project.
The agencies
responsible for
determining
Reclamation’s ESA
compliance can only
assess the plans
that Reclamation
provides them.
Since Reclamation
has not asked for
ESA approval of any
plan that would
result in Klamath
farmers receiving
the water they are
entitled to under
their water rights,
no such approval
will be granted.
Instead, the
agencies will merely
consider whether
Reclamation’s plans
to not deliver water
to Klamath farmers
comply with the ESA.
Once Reclamation’s
plans for diminished
deliveries receive
ESA approval,
Reclamation will be
able to claim that
greater water
deliveries are
prohibited by the
ESA. However, this
will only be because
Reclamation never
asked the agencies
to consider whether
greater water
deliveries could be
made in compliance
with the ESA. In
other words, if this
plan is implemented,
Klamath farmers will
be told that full
water deliveries
violate the ESA even
though Reclamation
never provided the
ESA compliance
agencies the
opportunity to
consider whether
full deliveries may
be made consistent
with the ESA. |
|
|
2025 OUTLOOK:
TRANSITIONING FROM
ROTTEN LEMONS
TO
SPOILED MILK
|
|
No amount of sugar
or additives that
have been added to
the rotten lemons
issued to guide the
Klamath Project in
the 2019 Proposed
Action and worse
2020 Interim
Operations Plan can
cover the taste of
the USFWS and NMFS
2025-2029 proposed
action, which offers
spoiled milk to our
producers, our
economy, our
communities, to our
ecosystems, and does
not promote domestic
tranquility.
To be clear,
Reclamation
encouraged the U.S.
Fish and Wildlife
Service to
coordinate with the
National Marine
Fisheries Service to
develop
Reclamation's
2025-2029 Proposed
Action while
Reclamation stood in
the corner and
watched patiently
for their proposal
to be developed
while ignoring
K.I.D's proposals
and suggestions.
From K.I.D.'s
vantage point, at no
time did the federal
agencies address
Oregon Water Law in
the proposed action
(in fact, told to
ignore it when
K.I.D. mentioned it
in early and mid way
through the
process), failed to
address what
discretion it had
(as demanded by law,
KWUA, and K.I.D.),
nor evaluated the
effects of the
Project against a
natural
environmental
baseline (as
requested by
K.I.D.); the
services demanded
that the definition
of the environmental
baseline remains to
be whatever failures
we are experiencing
today, those
failures are
supposedly the
environmental
baseline upon which
this proposed action
is evaluated.
However, Reclamation
failed to define an
environmental
baseline in its 545
page document
clearly so that one
can holistically
evaluate the USFWS /
NMFS proposed
action.
NMFS and USFWS gave
Reclamation their
version of the
Proposed Action.
Again K.I.D, TID,
KDD, and KWUA input
was largely ignored,
and Reclamation
added 545 pages to
support the USFWS /
NMFS approach to
running the Klamath
Reclamation Project.
In short, the
procedures used are
clearly an
administrative
procedures act
violation.
Please note: The
applicants (K.I.D.
being the applicant)
were invited to
attend the work
sessions. K.I.D.
also proposed an
action; however, all
federal agencies
ignored it.
K.I.D.'s proposed
action was asked to
be modeled in this
document submitted
to all parties in
mid-2023.
NMFS leadership Lisa
Van Atta, Jim
Simondet, and Jamie
Montessi were
unswayed by K.I.D.,
TID, KDD, and KWUA's
plea for a
reasonable approach
to the transition
period. And
unresponsive to
K.I.D.'s inquiries
to biological
information
supporting their
position.
K.I.D. shared this
information in our
last couple of
newsletters. Here is
what the USFWS and
NMFS have demanded
of the farmers and
ranchers under
contract (contracts
that were ignored by
these services and
Reclamation...likely
at the direction of
Bob Anderson through
Scott Bergstrom in
coordination with
Todd Snodgrass and
Robert Williams.
Below is a chart
comparing the data
available used to
model the proposed
action. The inflow
to Upper Klamath
Lake is a weighted
value in determining
how much water is
available to fulfill
Reclamation's
contractual
obligations (by law,
it has the legal
authority to store
water for the sole
use of irrigation
for over 500,000
acre-feet per year.)
2024 is highlighted
in Orange. At the
beginning of 1 June,
inflows for Upper
Klamath Lake since 1
October had been
below the median and
average and slightly
above the lower 25%
of the years used to
model this output.
This may be
explained by changes
in forest management
practices, and the
purposefully
modification of our
regional
micro-climate
created by federal
policy to dry out
the former lakes,
swamps, marshland,
and grasslands.
This chart shows the
median year as 2002,
and 2016 as an
average year. The
average years that
are included in the
chart below are
highlighted in red,
the median in a
purple. Above
average years are
highlighted in
yellow for
comparison to the
chart below it. |
|
|
The bottom chart is
an extract from the
USFWS / NMFS
directed Proposed
Action modeling
results with the
same years
highlighted.
2023 and 2024 (years
where Reclamation
only allowed 260,000
acre feet of water
back to the former
lakes and marshlands
where over 267,000
acre-feet naturally
evaporated off of
just Lower Klamath
Lake) are clearly
below the average
precipitation years
and falls between
2013 and 2015 on the
chart above. We can
then infer that the
2023 and 2024 amount
of water under this
USFWS / NMFS
directed action is
less than 143,000
and closer to
104,000 acre-feet of
water which would be
the case had it been
in place for 2023
and 2024.
Please note:
Reclamation's
discretion does not
allow it to limit
settlement
contractors (such as
Van Brimmer Ditch
Company at 50cfs
between April and
October, nor
pre-Project water
rights such as
Henley Ankeny's 1884
water right for
49cfs between 1
March and 31
October. K.I.D.'s
contract also does
not have stipulated
language allowing
Reclamation to
direct its
operations or water
diversions. In fact,
notes exchanged
between attorneys in
the development of
K.I.D.'s 1954
contract
specifically express
that
K.I.D. disagrees
that Reclamation has
any authority to
direct its
operations
and is reflected in
the language in
Section 13a of our
contract....ignored
by Reclamation.
This is supported by
a Reclamation
analysis of the ESA
Section 7(a)2
consultation, which
Robert Anderson
recommended the
Secretary of
Interior to direct
Reclamation to
ignore this
analysis.
This document can be
found at this link
and read on page 27.
If an
average water
year like 2016 is
anticipated over the
next 5 years, then
USFWS and Jim
Simondet of NMFS
direct that less
than 200,000
acre-feet of water
to farmers is
sufficient to
sustain families,
sustain farms,
sustain agriculture
supply businesses,
sustain our local
grocery stores and
restaurants, sustain
our three county tax
base, sustain
groundwater
recharge, sustain
the ecosystem, and
allow for domestic
tranquility while
the listed
threatened and
endangered species
continue to decline
(to no effect or
affect created by
the Klamath
Reclamation
Project).
In fact, the
statement relayed to
K.I.D. is that USFWS
informed Reclamation
that if the services
followed the law,
the U.S. Code and
the ESA Handbook to
prepare a proposed
action, the results
for farmers would be
even worse (it is
unclear if this was
communicated as a
fact-based analysis
or a threat);
there is no
willingness by the
Department of
Interior to follow
the
guidance provided in
2021
to conduct a
contract review to
determine
Reclamation's
discretion; there is
no willingness to
follow the approved
federal ESA
Consultation
Handbook.
K.I.D. officials are
also told that the
Secretary of
Interior's memo
directing ESA
Section 7(a)(1)
actions as
REQUIRED by
Congress and law is
being directly
ignored by
Reclamation as no
guidance has been
issued to or by
Reclamation. This is
likely because Bob
Anderson has not
given Scott
Bergstrom in the DOI
directives to have
Reclamation's
solicitors
specifically apply
the Secretary of
Interiors directive
in the Klamath
Reclamation Project.
K.I.D. anticipates
Reclamation will
publish a FONSI
(finding of no
significant impact)
upon receiving both
biological opinions.
That means,
Reclamation, if they
publish a FONSI as
they have done since
1992 and elect to
not conduct an
Environmental Impact
Statement (EIS) is
stating that the
ecological
destruction of its
action is
insignificant; the
people who have
built their lives on
the promises made in
writing are
irrelevant, and the
conflict it is
creating for this
region is acceptable
practice.
All in all the
2025-2029 proposed
action is unjust,
outside the legal
restraints of the
ESA put in place by
Congress, a
violation of Section
8 of the Reclamation
Act, a violation of
Oregon water law, a
violation of
farmers' 1905-1912
contracts, a
violation of K.I.D's
1954 contract, a
violation of Henley
Ankeny's 1884 water
right, and just
overall disregard
for families,
farmers, our
communities, and the
high moral and
ethical standards we
should hold
government officials
to. |
|
Drought Response
Agency Funding is
not guaranteed
and
will not fill the
gap.
|
|
The stop-gap measure
championed by
Congressman Walden
in 2018 for $10M on
average to assist in
easing the burdens
placed upon our
communities to
invest in drought
resiliency programs
has been used
between 2020 and
2024 to help reduce
demand for water in
each year. Most of
these funds have
been paid to
encourage the
fallowing of
productive farmland,
which allows the
pitiful amount of
water made available
to actually get
crops to market.
The $10M on average
was not intended to
be used each and
every year to follow
ground; nor always
requested by the
local Reclamation
area office to be
part of its annual
funding. Language in
Walden's bill
suggests the money
is to allow for
on-project and
on-farm efficiencies
as well. In fact,
Reclamation
accounted $5M that
K.I.D. had lobbied
Senator Merkley for
in 2020 to improve
the project's water
tracking and
management systems
against the Walden
bill and took that
money off the table
from other
improvements as the
local area office
had failed to ask
for the Walden
allowed for $10M for
several years.
At only 161,000
acre-feet of water
available on an
average year, this
means
less than 60,000
acres (of the over
220,000 acres in the
project) can
anticipate getting
crops to market
if districts, such
as K.I.D and TID
agree upon how to
operate; this
eliminates KDD (the
manager of a large
portion of the
former Lower Klamath
Lake where water
naturally was held
behind a reef and
the provider of
water for the Lower
Klamath National
Wildlife Refuge)
from receiving any
water under
contractual
priorities in ALL
but 20% of the years
modeled...and then,
not enough to bring
crops to market. KDD
has no access to
groundwater across
its district; the
groundwater appears
to flow westward
into the Klamath
River from the lands
above the former
lake.
The USFWS / NMFS
plan leaves over
100,000 acres of the
nations most
productive farmland
fallow,
without a water
source, without the
ability to pay
taxes, without the
ability to pay for
the operation and
maintenance of Link
River Dam, without
the ability to repay
government loans or
actions the
government takes
without farmers
approval to expend
funds on frivolous
expenses like new
office buildings for
a project the
federal government
agencies and people
like Jim Simondet is
set to destroy.
Surfdom
is an option offered
by Reclamation
officials.
The federal
government could
offer K.I.D. a loan
to modernize or
address issues in
its system. For
K.I.D. to take on a
loan, the farmers
and ranchers we
serve would have to
approve the district
taking on debt with
no ability to repay.
The federal
government would
expect K.I.D. to
utilize its
government powers to
foreclose upon our
neighbors, family,
and friends to
recoup money to
repay the federal
government for the
devastation the
federal government
has and is committed
to continue to cause
in the Klamath
Basin.
Reclamation
officials have
identified $50M to
perform a study on
the Keno Dam, to
modernize
infrastructure that
will not have much
water in it, or to
buy MORE water away
from farmers
(meaning the USFWS /
NMFS action has
taken water away
from farmers without
compensation, and
Reclamation wants to
offer compensation
to take MORE water
away from what USFW
/ NMFS has taken
without due process
with no regard for
law or contracts to
allow that water to
flow down the
Klamath River below
Keno in addition to
the unnaturally high
flows already
demanded by the
actions of
Robert Anderson and
Scott Bergstrom who
were put in place
under the Clinton
administration to
create the 2001
crisis;
Anderson returned to
a position of
authority in the
Department of
Interior in early
2021 by this
administration
seemingly to
reassert the 2001
conditions and
conflict;
this path overseen
by Bergstrom is not
anticipated to
change, even with
any political
adjustment in the
Presidency. One of
the first actions by
Anderson was to
recommend the
letters directing
Reclamation to
perform a contract
review of its
discretion in its
next ESA Section
7(a)(2) Consultation
(as required by
law), was revoked at
Anderson's
advisement by
Secretary Halaand.
Read the 2021 letter
directing
Reclamation to
reassess the ESA
Section
7(a)(2)...specifically
the bottom of page
27, which instructs
Reclamation:
-
"Do
not consult
on this action.
The ACFFOD does
not afford
Reclamation with
the right to
determine the
volume, rate,
location, or
timing of water
available for
beneficial use
of water within
the Klamath
Project,
including LKNWR
and TLNWR.
Under Section 8
of the
Reclamation Act
of 1902,
the ACFFOD is
controlling in
this matter
and states that
“the right of
beneficial use
of water in the
Project is held
by the
beneficial
users. This
applies to the
right to the use
of both live
flow and stored
water”.
-
As noted above,
Reclamation’s
contracts or
other legal
interests,
including real
property
interests, may
afford
Reclamation some
degree of
discretion over
the exercise of
water rights
within the
Klamath Project
for beneficial
use; however,
there is no such
blanket
discretion
across the
entire project
as a matter of
federal or state
law."
-
On 8 April 2021,
Secretary Halaand,
as advised by the
senior solicitor for
the Department of
Interior (Robert
Anderson) withdrew
this legally
grounded policy
guidance and stopped
Reclamation's
progress to develop
a new proposed
action to get it
into place before 1
October 2022.
The Robert Anderson
influenced
withdrawal memo is
available to review
here.
Page 2 reads in
part:
"I (Secretary
Halaand) hereby
withdraw the
following memoranda,
letters, and
analyses related to
the Bureau of
Reclamation’s
Klamath Project
issued during the
previous
administration:
-
August 19, 2020,
Memorandum to
File re:
“Reclamation
Decision on
Yurok Tribe’s
Request for Boat
Dance Flows,” to
the extent it
may have
precedential
effect on future
operations.
-
October 28,
2020, Memorandum
from Carter L.
Brown, Associate
Solicitor –
Division of
Water Resources
and Lance C.
Wenger, Regional
Solicitor –
Pacific
Southwest to
Daniel H.
Jorjani,
Solicitor re:
“An Updated
Review of Legal
Issues
concerning the
United States
Bureau of
Reclamation
Operation of the
Klamath Project”
(Solicitor
Jorjani signed
and concurred on
October 29,
2020).
-
November 12,
2020, Letters
from David
Bernhardt to
Paul Simmons,
Klamath Water
Users
Association, and
Nathan Rietmann,
Rietmann Law PC,
respectively,
re: “Klamath
Project Water
Contracts and
the Endangered
Species Act.”
-
January 2021
Reassessment of
U.S. Bureau of
Reclamation
Klamath Project
Operations to
Facilitate
Compliance with
Section 7(a)(2)
of the
Endangered
Species Act.
-
January 14,
2021, Memorandum
from Solicitor
to Secretary re:
Analysis of
Klamath Project
contracts to
determine
discretionary
authority in
accordance with
the November 12,
2020, Letter of
the Secretary of
the Interior.
-
January 14,
2021, Memorandum
from Solicitor
to Secretary re:
“Use of Water
Previously
Stored in
Priority for
Satisfaction of
Downstream
Rights.”
-
January 16,
2021, Letters
from David
Bernhardt to
Paul Simmons,
Klamath Water
Users
Association, and
Nathan Rietmann,
Rietmann Law PC,
respectively,
re: completion
of analysis
based on
November 12,
2020, letter
(enclosing
January 14,
2021, memoranda
and January 2021
reassessment).
-
These documents...do
not reflect the
current
administration’s
goals for...this
region."
It is also worth
noting on 8 April
2021, the
Deputy Solicitor for
Indian Affairs
(appointed directly
under Robert
Anderson) wrote a
letter to Paul
Simmons at the
Klamath Water Users
Association to state
they were interested
in discussing
minimizing the
impacts of upcoming
water allocation
decisions - a
foretelling of the
approach to this
proposed action.
This memo is
available here.
If we critically
look at these
federal contracts
and documents by
clicking here,
it
is clear to our
Executive Director
that Robert
Anderson's influence
from 1998 to
implement the 2001
crisis was again
fueled in 2021 to
attack Klamath
Reclamation Project
farmers and ranchers
to implement harm
and malice
for our
nation's food fiber.
In fact, shortly
after Anderson's
reappointment in
2021, Anderson hired
Daniel Cordallis
(the husband of the
Yurok Tribes counsel
advocating that
Klamath Reclamation
Project farmers
created fish kills
in 2002 when the
scientific evidence
does not support
this conclusion) to
serve as this
administration's
most senior "Deputy
Solicitor of Water
Resources",
including over
Klamath Basin water
issues, over more
qualified and
long-serving
attorneys over
people with
multiple-sequential
administrations with
track records of
being able to adjust
to political policy
adjustments under
different
administrations and
goals. |
|
Farmers in the
Klamath Project have
been pushed out of a
failing airplane by
Reclamation's failed
policies in the
Klamath Basin. With
support from Jim
Simondet of NMFS,
the 2025-2029 action
will soon be
introduced to throw
the farmers off the
plane without a
parachute. |
|
K.I.D. Directors Ask
Congressman Bentz
For Help
|
The details of the
USFWS / NMFS attack
on farmers through
Reclamation was
summarized on
Thursday, 8 August
for our Directors,
Cliff Bentz, and
staff from
Congressman
LaMalfa's office.
Local Reclamation
officials were
present and did not
dispute the summary
our Executive
Director gave to the
elected officials.
Congressman Bentz
intently listened to
a 3+ hour discussion
amongst the K.I.D.
Directors
frustration with the
Federal Agencies
2025-2029 direct
assault on family
farms in the Klamath
Reclamation Project.
When the Directors
returned from
executive session,
they motioned to
"Request the
Congressman look at
options to ease the
challenges of the
effect of less than
161,000 acre-feet of
water in most years
under Reclamation's
new proposed action;
and for the
Congressman to
report back on what
may be available."
This includes all
options. Some of
which may be very
difficult for our
community. However,
the District needs
to completely
explore all options
and resources to
determine what may
be in the best
interest of our
community, relying
on these 5 men to
make very difficult
decisions.
Basically the K.I.D.
Directors are asking
the Congressman to
find a parachute
amongst a pile of
rocks, find a way to
offer the parachute
to the failing
farmers before they
reach a sudden stop,
and then it will be
on the farmer to
accept the parachute
or...well, no longer
have a purpose. We
are asking this
fully, knowing that
the correct answer
is to reform the
ESA, which has been
attempted for
decades with no
positive
improvements. |
|
"Making it Rain" - A
documentary film
needing public
support to share our
story across the
Nation.
|
|
BREAKING:
Avian
Botulism
Outbreak
in
Klamath
Basin
and
Tule
Lake
Refuges
-
Wildfowl |
Another
outbreak
of
avian
botulism
is
killing
birds
throughout
the
upper
Pacific
Flyway
in
the
Klamath
Basin
and
Tule
Lake
National
Wildlife
Refuges. |
|
|
|
Federal
Agency
Decisions
Continue
to
Impoverish
Rural
Communities |
KLAMATH
COUNTY,
OR
and
SISKIYOU
AND
MODOC
COUNTIES,
CA
(Tri-Counties)
-
The
extraordinarily
unique
Klamath
Watershed
is
in
peril.
Conflict
and
competition
over
water
are
dire,
but
completely
unnecessary.
Division
amongst
and
within
the
Watershed
is
at
an
all-time
high.
Agricultural
communities
are
d |
|
|
|
Pete Parsons
acknowledges a
mistake in the last
forecast video
shared. 1958
conditions were very
warm and dry similar
to what we are
seeing in 2024. If
Pete's projection
for September is
correct, it may be a
Godsend. |
|
No
salmon
at
Salmon
Festival
for
the
second
consecutive
year |
The
60th
annual
Salmon
Festival
on
Aug.
17
is
coming
in
the
wake
of
the
dismantling
of
the
four
Klamath
dams,
a
multi-agency
effort
to
restore
the
river's
ecological
health,
which
for
decades
suffered
from
warm
water
flows
that
promoted
unhealthy
ecosystems. |
|
|
|
Tensions
Rise
Amid
Klamath
Dams
Removals |
As
dam
removals
are
completed,
communities
along
Klamath
River
remain
divided. |
|
|
|
FEATURE:
Requiring
water
users
to
pay
for
ecological
damage:
A
conversation
with
environmental
lawyer
Karrigan
Börk |
by
Robin
Meadows
Water
diversions
can
harm
aquatic
ecosystems,
riparian
habitat,
and
beaches
fed
by
river
sediment.
But
the
people
who
use
water
don't
bear |
|
|
|
Klamath
County
announces
new
grant
program,
offers
$100,000
to
help
Klamath
farmers
battle
insect
infestations |
Strategically
safeguarding
its
agricultural
industry,
Klamath
County
has
launched
a
new
grant
program
meant
to
assist
ranchers
and
farmers |
|
|
USDA
pesticide
spray
program
for
grasshoppers,
crickets
ruled
unlawful |
The
USDA's
pesticide
spraying
program
for
crickets
and
grasshoppers
across
the
West
violated
the
National
Environmental
Policy
Act,
a
federal
judge
has
ruled.
Legal
remedies
for
the
violation
will
be |
|
|
|
Pesticide
Advisory:
Distribution,
Sale,
and
Use
of
Dimethyl
Tetrachloroterephthalate
(DCPA)
is
Prohibited |
On
August
6,
2024,
the
Environmental
Protection
Agency
(EPA)
issued
an
Emergency
Order
suspending
all
registrations
of
pesticides
containing
DCPA,
marketed
under
the
trade
name
Dacthal.
EPA
has
determined
that
a
suspension
order
is
necessary
to
prevent
an
imminent
hazard
to
human
health.
Effective
immediately,
no
person
may
distribute,
sell,
or
use
any
pesticide
containing
DCPA. |
|
|
|
Modoc
County
Sustainable
Pest
Management
Ag
Tour
-
Modoc
Record |
Modoc
County
Department
of
Agriculture
Modoc
County.
On
July
17th
and
18th,
the
Modoc
County
Department
of
Agriculture
in
conjunction
with
Modoc
County
Farm
Bureau
and
University
of
California
Cooperative
Extension
(UCCE)
hosted
an
agricultural
[...] |
|
|
EPA
cancels
all
uses
for
herbicide,
effective
now |
The
Environmental
Protection
Agency
canceled
all
uses
of
the
herbicide
DCPA,
saying
the
pesticide
could
cause
lifelong
damage
to
unborn
children
whose
mothers
are
exposed
to
the
chemical.
The
ban
takes
effect
immediately
and
bars
farmers
from
using
stocks.
EPA
said
it
has
been
nearly
40
years
since
it
issued
an
emergency
order
abruptly
prohibiting
a
pesticide. |
|
|
WEEKLY
WATER
NEWS
DIGEST
for
Aug.
4-9:
La
Niña
arriving
later
than
previously
forecasted;
Water
operations
long-term
plan
could
limit
supply;
How
have
California's
water
issues
changed
in
the
past
thirty
years?;
and
more
... |
A
wrap-up
of
posts
published
on
Maven's
Notebook
this
week
...
Note
to
readers:
Sign
up
for
weekly
email
service
and
you
will
receive
notification
of
this |
|
|
|
Shasta
&
the
Long-Term
Operation
Plan
for
the
Central
Valley |
Achieving
durability
and
equanimity
for
multiple
needs |
|
|
|
Irrigation
managers
see
more
trash,
debris
dumped
in
SW
Idaho
canals |
The
amount
of
trash
and
debris
dumped
into
southwest
Idaho
irrigation
canals
is
on
the
rise,
district
managers
and
water
users
say.
They
are
asking
the
public
to
prevent
litter |
|
|
|
9th
Circ.
Denies
Rehearing
Bid
In
ESA
Fish
Protection
Suit
-
Law360
UK |
The
Ninth
Circuit
denied
conservation
groups'
request
to
rehear
a
ruling
affirming
the
federal
government's
approval
of
water
supply
contracts
for
the
Central
Valley
Project
in
California. |
|
|
|
Biden-Harris
Administration
Delivers
$105
Million
from
Investing
in
America
Agenda
for
Water
Conservation
and
Efficiency
Projects |
The
Department
of
the
Interior
today
announced
a
nearly
$105
million
investment
as
part
of
the
President’s
Investing
in
America
agenda
for
67
water
conservation
and
efficiency
projects
that
will
enhance
drought
resilience
across
the
nation.
The
investment
comes
from
the
Bipartisan
Infrastructure
Law
and
annual
appropriations. |
|
|
Solar
grazing:
A
new
approach
to
balancing
ag,
energy |
Cameron
Krebs
maintains
the
grass
on a
1,200-acre
solar
farm
with
help
from
thousands
of
autonomous
lawnmowers. |
|
|
|
How
climate
change
is
threatening
popular
food
ingredients |
Crops
that
are
traditionally
grown
in
certain
areas
are
becoming
less
and
less
viable
in
those
historic
locations.
“Suppliers
will
have
to
find
other
areas
to
grow,
and
this
is
happening
slower
than
it
needs
to,”
said
Jaksch.
“If
suppliers
can
grow
these
crops
in
ways
that
make
them
resistant
to
drought
and
other
environmental
issues,
this
could
be
another
way
to
solve
the
problem. |
|
|
Manufacturers
hunker
down
for
farm
machinery
slump |
Equipment
manufacturers
are
hunkering
down
for
a
slump
in
farm
machinery
sales
as
low
crop
prices
and
high
interest
rates
suppress
demand.
Experts
say
recent
layoffs
and
production
curtailments
indicate
manufacturers
aim
to
prevent
a
buildup
of
excess
inventories
as
farmers
cut
back
on
spending. |
|
|
|
OWRF
Announces
Scholarship
Recipients
for
2024-2025 |
The
Oregon
Water
Resources
Foundation
(OWRF)
recently
awarded
$27,000
in
scholarships
to
five
outstanding
students
pursuing
careers
related
to
water,
agriculture,
and
other
natural
resources
fields
in
the
2024-2025
academic
year. |
|
|
ISSUE
ALERT!
Alliance
Welcomes
USDA's
New
Water
Savings
Commodity
Program |
August
1,
2024
of
$400
million
to
address
drought
through
investments
at
the
irrigation
district
scale
in
12
states
across
the
American
West.
Contact:
Dan
Keppen,
Executive
Director
[email protected]
The
Family
Farm
Alliance
today
welcomed
theU.S. |
|
|
Quibbling
While
the
West
Burns
|
PERC |
In a
world
where
bureaucracy
moves
slow
and
wildfires
move
fast,
it's
little
surprise
that
fire
keeps
winning. |
|
|
USDA
overhauls
lending
programs
to
expand
access
for
farm
loans |
The
updates,
which
include
repayment
flexibility
and
lower
security
requirements,
are
"some
of
the
most
significant
changes"
to
the
Farm
Service
Agency
in
the
last
40
years. |
|
|
|
EPA
approves
treatment
for
foodborne
pathogens
in
irrigation
water |
BioSafe
Systems
says
its
product,
SaniDate
12.0,
which
uses
peroxyacetic
acid
to
kill
harmful
bacteria,
is
the
only
EPA-registered
product. |
|
|
How
The
Deep
State
Tried,
And
Failed,
To
Crush
An
American
Farmer |
When
Wayne
Cryts
stole
his
own
soybeans
from
a
bankrupt
elevator,
he
triggered
the
wrath
of a
government
hellbent
on
his
imprisonment. |
|
|
Your copy should
address 3 key
questions: Who am I
writing for
(audience)? Why
should they care
(benefit)? What do I
want them to do
(call-to-action)?
Create a great offer
by adding words like
"free,"
"personalized,"
"complimentary," or
"customized." A
sense of urgency
often helps readers
take action, so
consider inserting
phrases like "for a
limited time only"
or "only 7
remaining!" |
|
|
Oregon Water
Resources
Congress
6th
Annual Elmer
G. McDaniels
Memorial
Golf
Tournament
October 2,
2024 in
Sisters, OR
More
information
to come
OWRC
Technical
Seminar
October 3,
2024 in
Sisters, OR
More
information
to come
OWRC Board
Meeting
October 4,
2024 in
Sisters, OR
(and
virtual)
RSPV to the
OWRC office
More
information
to come |
|
|
33rd
Annual
Oregon
Water
Law
Conference
October
24 &
25,
2024
Portland,
OR
|
|
|
|
|
EXPERIENCE
Schedule a tour of
the district and see
if you know what you
think you know...or
to provide the K.I.D.
staff some
education.
|
|
|
STAY CONNECTED
Join our mailing
list to stay
connected
|
|
National Water
Resources
Association (NWRA) –
Executive Vice
President
Salary range begins
at $150,000 annually
Applications must be
received by the
close of business on
Monday, September
16, 2024
Interviews will
commence on Tuesday,
September 24, 2024
For more than 90
years, the National
Water Resources
Association (NWRA)
has promoted the
development,
control,
conservation,
preservation, and
use of the water
resources of the
western United
States. The NWRA is
a Washington,
DCbased nonprofit
federation of state
water resources
associations that
advocates on behalf
of agricultural and
municipal water
providers across the
American West.
NWRA is operated and
managed under a
professional
services agreement
with Water
Strategies LLC, an
independent lobbying
and association
management firm.
Water Strategies is
seeking a
distinguished and
high-profile
individual to serve
as the next NWRA
Executive Vice
President (EVP) on a
full-time basis to
be located within
Washington, DC or
one of the 17
western states. The
primary point of
contact with NWRA
for the EVP is the
President of NWRA.
The individual must
have a working
knowledge of western
water supply and
development issues
and an established
federal or
congressional
resume.
Responsibilities
Serving as part of
an existing
association
management team and
at the behest of the
NWRA Board of
Directors, the EVP’s
responsibilities,
with the assistance
of these
professionals, will
include, but are not
limited to, the
following:
· Representing
NWRA’s interests
before Congress and
the federal agencies
· Representing
NWRA before the
press, other
associations, and
state water
resources
associations
· Carrying
out NWRA policies
and positions
· Serving
on various
committees and task
forces as provided
for in the NWRA
bylaws
· Coordinating
the efforts of Water
Strategies, who is
responsible for the
operations of NWRA,
including planning
and managing NWRA
conferences,
preparing budgets,
reports, board
minutes, briefings,
comments, letters,
and presentations
· Collaborating
with other
organizations to
amplify NWRA’s
priorities and
positions
· Communicating
to NWRA members on
the status of
activities
· Creating
opportunities for
NWRA members to
testify at
congressional
hearings
· Traveling
throughout the
western states for
conferences and
meetings
· Preparing,
and at times
delivering,
testimony before
congressional
committees, agency
hearings and other
formal meetings,
including
stakeholder
processes
· Monitoring
congressional and
agency activities,
publications,
notices, and actions
· Assist
with member
recruitment,
development,
coordination and
retention
· Additional
duties as assigned
Qualifications
The preferred skills
and qualifications
for the selected
individual are:
· Bachelor’s
degree in a relevant
field
· Five
or more years of
political,
legislative, or
federal agency
experience
· Western
water resources
policy expertise in
areas including, but
not limited to, the
programs, policies
and projects of the
U.S. Bureau of
Reclamation, U.S.
Army Corps of
Engineers, U.S.
Department of
Agriculture, the
U.S. Environmental
Protection Agency,
as well as the Clean
Water Act, and the
Endangered Species
Act
· Excellent
written and verbal
communication skills
Please send a cover
letter and resume
to:
Kris Polly,
President & CEO
Water Strategies LLC
[email protected]
(703) 517-3962
https://nwra.org/page-18206
https://www.owrc.org/resources/job-opportunities
The Dalles
Irrigation District
– Office Manager
Pay Range:
$26-$30/Hour DOE
Non-Exempt
Application
deadline: until
filled
The Office Manager
serves as the
secretary,
administrator, and
human resource
assistant under
direction of the
District Manager.
This position will
require the
incumbent to
effectively
communicate daily
activity to the
District Manager and
carry out
assignments with
specific deadlines
to completion with
minimal supervision.
Required
Qualifications
· A
minimum of 3 years’
experience with
progressive levels
of experience in a
related environment
which included
duties and
qualification
consistent with the
job description
contained herein.
OR
· An
equivalent
combination of
education, training,
and experience
sufficient to
successfully perform
the essential duties
of the job.
AND
· Valid
driver’s license and
an insurable driving
record required.
Desired
Qualifications
· Associates
degree in Accounting
or Business
Administration or
related fields
strongly preferred.
· Previous
experience working
for a public entity
strongly preferred.
· Previous
experience assisting
in the development
of financial and
administrative
policies strongly
preferred.
A job description
and application are
available. To be
considered as a
candidate, please
submit a completed
and signed
application, resume
and cover letter
describing why you
are interested in
the position and how
your experience
translates to meet
the requirements of
the position
description.
Submit by email or
postal service to:
[email protected]
Weslee Cyphers,
District Manager
The Dalles
Irrigation District
3503 Olney Rd.
The Dalles, OR 97058
https://www.owrc.org/resources/job-opportunities
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