Who really has jurisdiction over Oregon’s
water?
Herald and News Letter to the Editor 1/27/10
by
Frank Vaughn, Lakeview
I have not read the so-called Klamath
Basin Restoration Agreement, but from reading the Herald and
News I can not determine how the entire Basin is to be
restored, nor to what level it to be restored.
Looking at the water issues being discussed leads me to
believe that neither side has really discussed just who
really has jurisdiction over water in Oregon.
When Oregon became a state, as I read the Constitution,
it retained all water rights within the state. Unless the
Oregon Legislature has ceded some or all of those water
rights to another government entity, none of those such as
the U.S. Bureau of Reclamation, Environmental Protection
Agency, Endangered Species Act, Bureau of Indian Affairs and
Fish and Wildlife Service, and others have any authority as
to how water in Oregon is allocated, or when.
Any action taken on the restoration agreement stands to
affect all Oregonians as well as all U.S. citizens, so our
opinions should be considered.
Do not remove the dams. The Mazama Tree Farm is only an
appeasement offering to the Klamath Tribes and should be
removed from the restoration agreement.
I do not believe that the Tribes have a legal claim to
any water that is controlled by the Link River Dam.
Therefore, their claim would be to the dead water pool.
Is there anyone on either side who researched the
true water laws and have the integrity to share that
information with the public? Especially concerning any or
all federal agencies.
