KID attorney larry kogan to Klamath facilitator ed sheets regarding late copy of KHSA amendment and KID filing notice of dispute 040516

Our Klamath Basin Water Crisis
Upholding rural Americans' rights to grow food,
own property, and caretake our wildlife and natural resources.

4/5/16

Subject: Klamath Irrigation Demand for Copy of Newly Amended Text of Amended KHSA; Invocation of KHSA Notice and Dispute Provisions

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KBC News

The letter below and attached letter is from KID / Klamath Irrigation attorney to Klamath Agreements’ facilitator Ed Sheets regarding late copy of the newly amended text of amended KHSA (dam removal) ‘agreement’, plus KID filing a notice of dispute. With no public transparency, no support by Siskiyou Board of Supervisors, Klamath County Board of Commissioners, local Congressmen, Senators or other elected officials, Dept of Interior yesterday proclaimed that tomorrow, April 6th, the states and environmental groups, tribes and a few farmers, would sign an “agreement” that effects our water rights, destroys dams serving 70,000 families, destroys hatcheries producing millions of salmon, calls for downsizing farmland, destroys the dam reservoirs and communities, and destroys the Siskiyou County economy. In the agreement are no PROMISES of irrigation water, no PROMISE of an affordable power rate, however it promises to take out dams, give land and $ to the tribes, downsize water supply, support the ESA, support Clean Water Act, and support tribal rights.

--------- Original Message ---------

Subject: Klamath Irrigation Demand for Copy of Newly Amended Text of Amended KHSA; Invocation of KHSA Notice and Dispute Provisions
From: lkogan@koganlawgroup.com
Date: 4/4/16 7:39 pm
To: ed@edsheets.com, chuck.bonham@wildlife.ca.gov, Richard.M.Whitman@oregon.gov, kathryn.sullivan@noaa.gov, dustin.till@pacificorp.com, sarah.kamman@pacificorp.com, officeofthesecretary@ios.doi.gov, governors.press@das.state.or.us, don.gentry@klamathtribes.com, t.schlosser@msaj.com, torourke@yuroktribe.nsn.us, dgensaw@yuroktribe.nsn.us, ghemmingsen@co.del-norte.ca.us, mlovelace@co.humboldt.ca.us, kmorris@klamathcounty.org
Cc: mountlakifarmsra@aol.com, amberknoll@msn.com, erin.ryan@mail.house.gov, "Dennis Linthicum" <dennis@dirtroadeconomist.com>, nick.strader@mail.house.gov, mark.spannagel@mail.house.gov

Dear Mr. Sheets,

Please find attached the Klamath Irrigation District ("KID")'s formal demand for the immediate delivery of a copy of the newly amended text of the Amended KHSA. In addition, please find the KID's formal invocation of the KHSA Notice and Dispute Provisions contained in KHSA Articles 8.5, 8.6 and 8.7.

As you are well aware, the immediate delivery of such text is necessary to provide the KID with an adequate opportunity (i.e., a reasonable amount of time) to review, analyze and discuss the newly added text and its potential impact on KID members. The immediate delivery of the text AND the KID's invocation of the KHSA's Notice and Dispute provisions also requires you, as lead facilitator of the KHSA negotiations, and all KHSA parties, to meet and confer with the intent of resolving this dispute as quickly as possible. It is critical to emphasize that such actions must be completed before the federal, state, local and tribal government parties and the sole key private to the KHSA (Warren Buffet's PacifiCorps) can legally move forward toward execution of the Amended KHSA, notwithstanding the scheduling of the execution ceremony for this coming Wednesday, April 6, 2016, or any time soon thereafter.

The KID trusts that you will encourage all government and private parties to the KHSA to comply with the KHSA's Notice, Dispute and Meet and Confer provisions at once.

Thank you for directing your immediate attention to this matter.

Sincerely,

Lawrence Kogan,

Counsel to the Klamath Irrigation District

The Kogan Law Group, P.C.

100 United Nations Plaza

Suite #14F

New York, NY 10017

(o) (212) 644-9240

(c) (609) 658-7417

www.koganlawgroup.com

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