Judge William H. Orrick has denied the motion for
preliminary injunction to protect endangered Lost River
and shortnose sucker, and granted a motion to transfer
the case to an Oregon court, according to the opinion
Orrick released Wednesday.
Klamath Water Users Association, a defendant-intervenor,
posted about the decision to its Facebook page after 7
p.m. Wednesday. Sunnyside Irrigation District and Ben
DuVal are also intervenors.
The case involves the Klamath Tribes lawsuit filed
against the Bureau of Reclamation, U.S. Fish and
Wildlife Service, and National Marine Fisheries Service.
The Tribes are seeking better management of water
levels, water quality and habitat protection in Upper
Klamath Lake. The legal action seeks to ensure the Lost
River and shortnose sucker, listed as endangered under
the Endangered Species Act, survive a devastating
drought year.
“While venue may be proper in the Northern District of
California, it is more appropriate in the United States
District Court for the District of Oregon: the Klamath
Tribes are headquartered there, the sucker fish are
there, the Upper Klamath Lake is there, and the Bureau
and the FWS have offices there,” Orrick stated in the
ruling.
"I
will let the transferee court address the pleadings as
it will.”
Orrick’s jurisdiction is the United States District
Court for the Northern District of California.
Orrick emphasized the health of the Lost River and
shortnose sucker as being of “paramount importance”
under the Endangered Species Act, and called for urgent
attention to the matter.
“There is a reason for all parties to give urgent focus
to the health of the sucker fish,” Orrick said.
“There is substantial disagreement whether the lake
elevation level is causing injury to the sucker fish,
but there is no doubt that granting a mandatory
injunction that cuts off water to the Klamath Irrigation
District will cause substantial harm to others that
depend on it, including wildlife refuges, farmers, and
ranchers.”
Don Gentry, chairman of the Klamath Tribes, expressed
disappointment, and said legal counsel continues to
review the 29-page ruling.
“Obviously we’ll be prepared to make our case and do our
best to move forward, and make sure we do everything we
can to protect the fish,” Gentry said.
“We’re really concerned about this year. Obviously this
delays any significant change in what was planned for
lake levels this year.”
Scott White, executive director of the Klamath Water
Users Association, said the association is pleased with
the decision to transfer the case to Oregon. White said
the venue for the case could be in Eugene, but said
there is no timeline at this point.
“This has been an extremely stressful summer,” White
said. “Just given the drought and of course this
litigation adding to the mix. I am very, very happy for
my guys. That they’re going to be able to irrigate for
the remainder of the summer.”
That being said, White emphasized a continued desire by
the association to meet with the Tribes.
“We still remain ready to sit down with the Klamath
Tribes and discuss matters related to sucker whenever
they’re ready,” White said.
