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Browsing the archives for the KBRA or KHSA category.

Klamath dams removal: Public Comment meeting in Yreka 1-10-17 from 5 to 7 p.m.

KBRA or KHSA, Klamath River & Dams

In a nutshell:

The State Water Board is now holding meetings for PUBLIC  COMMENT

On

The Environmental Impact Report for the CLEAN WATER certification of Klamath dams removal.

FERC has received an application for a license transfer to the 2016 newly-formed non-profit Klamath River Removal Corporation that essentially replaces the KBRA Agreement that was dissolved the last day of 2015.

FERC has not made a decision on the license transfer and, according to Siskiyou Counties investigations, will not formally address the license transfer until mid-March or the application has been correctly completed. KRRC submitted an incomplete application,

If you are able to attend, please do so and comment on the Clean Water aspect of the EIR at the Yreka meeting:

Jan. 10, 2017

Miner’s Inn Convention Center

5 to 7 p.m.

Michael Kobseff, the newly-elected chairman of the Siskiyou Co. Board of Supervisors, will attend the meeting and voice the county’s comments and concerns as its official comment.

  • —  Liz Bowen

The following is an email sent from:

Siskiyou Co. Board of Supervisors’ Chairman Michael Kobseff and Siskiyou Co. Natural Resources Policy Specialist have sent out the following announcement regarding a State Water Board meeting taking place in Yreka next Tuesday, January 10, 2017. We were just made aware of this meeting, although it looks like an original announcement was send out on December 22nd, that we did not receive. Let me know if you have any questions.Elizabeth Nielsen

Natural Resources Policy Specialist

County of Siskiyou

1312 Fairlane

Yreka, CA 96097

o: (530) 842-8012

c: (530) 598-2776

From: Michael N. Kobseff [mailto:michael@kobseff.org]
Sent: Wednesday, January 04, 2017 11:34 AM
To: Elizabeth Nielsen

Subject: FW: Announcement of Lower Klamath Project Notice of Preparation and Scoping Meetings

From: Thaler, Parker@Waterboards [mailto:parker.thaler@waterboards.ca.gov] On Behalf Of Wr401program
Sent: Tuesday, January 03, 2017 12:49 PM
To: Undisclosed recipients:

Subject: Announcement of Lower Klamath Project Notice of Preparation and Scoping Meetings

To: Klamath Hydroelectric Project Interested Parties

This email is being sent to the Klamath Hydroelectric Project (Federal Energy Regulatory Commission Project No. 2082) Interested Parties Email List.  Action is needed if you would like to receive future emails regarding the Lower Klamath Project’s (Federal Energy Regulatory Commission Project No. 14803) water quality certification process.

Please refer to the email below for information regarding the Lower Klamath Project, including a link to the State Water Resources Control Board’s Notice of Preparation and Scoping Meetings for an Environmental Impact Report for the Lower Klamath Project’s License Surrender (NOP).

To receive future emails related to the Lower Klamath Project, please follow the instructions outlined below.

  1. Visit: http://www.waterboards.ca.gov/resources/email_subscriptions/swrcb_subscribe.shtml#rights

  2. Provide your name and email in the required fields

  3. In the categories below the email and name fields, select “Water Rights,” then “Lower Klamath Project License Surrender”

  4. Click on the “Subscribe” button

  5. An email will be sent to you. You must respond to the email message(s) to confirm your membership on the selected list(s).

 

Sent: Thursday, December 22, 2016 1:13 PM
To: Lower Klamath Project License Surrender
Subject: Lower Klamath Project Notice of Preparation and Application for Water Quality Certification

  This is a message from the State Water Resources Control Board

To:  Interested Parties

On September 26, 2016, the State Water Resources Control Board (State Water Board) received a water quality certification application for the Lower Klamath Project (Project) from the Klamath River Renewal Corporation.  Today, December 22, 2016, the State Water Board released a Notice of Preparation and Scoping Meetings for an Environmental Impact Report for the Lower Klamath Project’s License Surrender (NOP).  State Water Board staff will hold scoping meetings to solicit comments from trustee agencies, responsible agencies, and other interested persons in January 2017.  The meetings dates and locations can be found in the NOP.  Comments in response to the NOP are due by 5:00 pm on February 1, 2017. 

The NOP is available online at:

http://www.waterboards.ca.gov/waterrights/water_issues/programs/water_quality_cert/docs/lower_klamath_ferc14803/klamathnop20161222.pdf

Additional information related to the Lower Klamath Project water quality certification and California Environmental Quality Act process can be found on the State Water Board’s Lower Klamath Project webpage at: http://www.waterboards.ca.gov/waterrights/water_issues/programs/water_quality_cert/lower_klamath_ferc14803.shtml

The public notice for the Lower Klamath Project is available online at:

http://www.waterboards.ca.gov/waterrights/water_issues/programs/water_quality_cert/wqcertnotices.shtml

If you are receiving this notice in a forwarded message and would like to receive future emails regarding the Lower Klamath Project, please subscribe to the “Lower Klamath Project License Surrender” email subscription list, under “Water Rights” at:

http://www.waterboards.ca.gov/resources/email_subscriptions/swrcb_subscribe.shtml

If you have questions regarding this email, please email Mr. Parker Thaler at:  parker.thaler@waterboards.ca.gov.

No Comments

Klamath Basin Crisis.org News 4-23-16

KBRA or KHSA, Klamath Basin Crisis.org, Klamath River & Dams

You may need to go to Klamath Basin Crisis.org to link to these articles.

www.klamathbasincrisis.org

KBC News

KBRA / Klamath Basin Restoration Agreement and related settlement agreements, articles, letters, videos, press releases, documents, and Who’s Who

Philippians 4:4-7 Rejoice in the Lord always.  Again I will say rejoice! Let you gentleness be known to all men. The Lord is at hand. Be anxious for nothing, but in everything by prayer and supplication, with thanksgiving, let your requests be made known to God. And the peace of God, which surpasses all understanding, will guard your hearts and minds through Christ Jesus. Sent by Frank Tallerico

Klamath Falls – Bureau of Reclamation makes offer irrigators can’t refuse, by KID attorney Lawrence Kogan for the Capital Press April 20, 2016

Jewell: ‘Major Course Correction’ Needed on Conservation, ABC News 4/20/16. “Climate change — the most pressing issue of our time — threatens our land and water in existential ways…need to ensure that when a diverse class of fourth-graders does visit a national park, “they see … signs in their first language,” Jewell said…”…calling for more parks and historic sites focused on women, minorities and lesbian, gay, bisexual and transgender groups…”

My name is E. Werner Reschke and I am running as a Republican for State Representative District 56, 4/15/16

No Comments

Klamath Project: KID considers fighting dam removal

Agriculture, Federal gov & land grabs, KBRA or KHSA, Klamath River & Dams, Lawsuits

Herald and News, Klamath Falls, Oregon

April 15, 2016

The Klamath Irrigation District (KID) board of directors is considering whether KID should hire an attorney to fight a proposal to remove four dams from the Klamath River.

Nathan Rietmann, who is now serving as general counsel for the KID board, said Chairman Brent Cheyne and board member Grant Knoll conveyed they may be interested in challenging the Federal Energy Regulatory Commission (FERC) in its evaluation of whether to demolish the Klamath dams.

“My understanding is that other board members have not been as interested in exploring the possibility of opposing dam removal with FERC,” Rietmann said.

Earlier this month, Department of Interior Secretary Sally Jewell, Oregon Gov. Kate Brown and California Gov. Jerry Brown met with the dams’ owner, PacifiCorp, tribal leaders, water representatives and other stakeholders at the mouth of the Klamath River to sign an amended Klamath Hydroelectric Settlement Agreement. The agreement provides provisions for removing the dams by 2020.

Congress to FERC

A past KHSA draft required congressional approval to move forward. The amended KHSA hands the process over to FERC, a federal entity with regulatory jurisdiction over hydroelectric licensing, interstate electricity sales, wholesale electric rates, and natural gas and oil pipeline transportation rates.

Rietmann said he expects the initial Klamath River FERC filings to be released in May.

“It’s also my understanding — although I’m not a FERC expert — that the timeline for contesting the application to remove the dams is pretty narrow,” Rietmann said.

If the board chooses to hire an attorney to fight dam removal, it should hire a firm with signature recognition, Rietmann said. He suggested hiring the Washington, D.C.-based Bracewell law firm, specifically mentioning attorney David Poe, to provide some preliminary analysis about litigation procedures, probabilities of success and cost.

Rietmann said Poe has provided him with a draft engagement letter. Poe’s rate is $675 an hour. Rietmann estimated it would cost between $6,000 and $15,000 to find out whether the district should pursue hiring Bracewell to fight FERC.

“Just how much are you expecting the board, if they sign a letter of intent, to spend on this attorney to see if we want to fight with the federal government?” asked irrigator Bill Walker.

Allocation of money

Audience members wanted to know why the district should fight dam removal. Many said they want a district vote held before the board starts spending money that doesn’t have to do with delivering water.

Rietmann said removing the dams will allow fish to come up the river, causing environmental issues that didn’t exist before.

“So if you could stop dam removal, that would be advantageous,” he said.

“If the dams don’t come out, somebody is going to have to put fish ladders on those dams for the salmon anyway. Whether the dams come out or the dams stay in, we’re still going to have that fish liability somewhere down the line. I don’t see that as a viable excuse,” said Jason Chapman.

Rietmann said a win could possibly be used to get leverage for water supply assurances.

Irrigator Dave Oxley said he believes water held behind the dams is used to provide pulse flows to help the fish.

MORE

http://www.heraldandnews.com/news/local_news/kid-considers-fighting-dam-removal/article_3f177f00-4b1d-5e74-82bf-ff1c676ac3fb.html

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Agencies sign dam removal agreements

Agriculture, Federal gov & land grabs, KBRA or KHSA, Klamath River & Dams, Ray Haupt, Siskiyou County

Western Livestock Journal.net

April 11, 2016

—Signing comes despite local opposition

Federal agencies, California, Oregon, and a corporation owned by Warren Buffet bucked local opposition last Wednesday when they signed two agreements aimed at removing four major dams along the Klamath River. According to local opponents, the finalization of the agreements was premature and excluded input from the public and affected stakeholders.

The Counties of Klamath and Siskiyou (the home of the dams) and local water-use groups such as the Klamath Irrigation District and Siskiyou Water Users Association are saying that Pacifi- Corp—Buffet’s company, which owns the dams—teamed up with the agencies, Native American tribes, and environmental groups to push for dam removal. According to Siskiyou County Supervisor Ray Haupt, the removals are expected to cost $550 million, all funded by ratepayers and the public; result in a major tax break for PacifiCorp; and leave the company liability-free.

“All while offing PacifiCorp’s liability and operational costs on the very public who is most negatively affected by dam removal,” Haupt added when speaking to WLJ.

In a prepared statement Wednesday, U.S. Department of the Interior (DOI) Secretary Sally Jewell called the two agreements a “shared vision” that is “an important initial step” toward “longterm restoration and sustainability for tribes, fisheries, and agriculture and water users across the Klamath Basin.”

But while Jewell’s statement sounds promising for all stakeholders, local voices are making clear that the “shared vision” of dam removal is not universal, and that the agreements as drafted may not ensure either restoration of the river or sustainability of water use on the Klamath.

According to Lawrence Kogan, attorney for the Klamath Irrigation District, his client was “stonewalled” from participating in the drafting of either of the freshly signed agreements. Kogan says this was a clear violation of procedure, since the district is an original signatory to one of them, the Klamath Hydroelectric Settlement Agreement (KHSA).

KHSA started out as a water allocation agreement that required congressional approval. But several officials from the federal and state agencies and PacifiCorp have since been quietly making edits, so that the KHSA now contains a plan to remove the four dams without congressional approval. Kogan pointed out that the district has not been allowed to participate in those edits, or even have adequate time to read drafts. He notified the agencies that this violation of process places the district in a position to litigate the agreement.

The second agreement finalized Wednesday was, until recently, a mystery document, Kogan said. The Klamath Power and Facilities Agreement (KPFA), he said, was produced “entirely behind closed doors.” He said the agreement “guarantees fish and aboriginal tribal water right priorities at the expense of irrigator water rights,” while at the same time making “weak promises” to irrigators that they will not be harmed by Endangered Species Act regulations in the event that the dam removals result in federally-protected fish migrating into new areas.

Supervisor Haupt agreed with Kogan that the KPFA’s promises of protections for irrigators can’t be upheld.

“This agreement makes no water guarantees to farmers,” Haupt told WLJ. “Nor can it stop outside environmental groups from suing farmers when the ‘threatened’ Coho salmon doesn’t have enough water in the Upper Basin. And that scenario is likely, given that the historical evidence shows that the Upper Basin was never good Coho habitat in the first place.”

He added that new Clean Water Act regulations would undoubtedly come into play should the dams be removed. Currently, the dams catch and collect toxins— both naturally occurring and those added by agriculture and other uses—preventing them from entering California from Oregon.

Despite the agreements’ weaknesses, however, PacifiCorp and the agencies are finding ways to either “bribe or coerce” parties into supporting them, Kogan told WLJ. For example, he said, when Oregon granted the Native American tribes on the Klamath senior water rights “from time immemorial,” it forced irrigators to negotiate with the tribes, who are pushing for dam removal. In another example, the U.S. Bureau of Reclamation (BOR) is forcing the Klamath Irrigation District to make repairs to a large irrigation canal, the “C Canal Flume,” and to accept an unwieldy BOR financing agreement. Negotiations seem to be contingent on the district’s support for the KHSA and dam removal, Kogan said.

“It all came clear when Senators [Ron] Wyden [D- OR] and [Jeff] Merkley [D- OR] introduced their legislation that links it all together: support for the KHSA; funding for the C Canal Flume; and recognition of tribal water rights,” Kogan told WLJ. “They want to make dam removal and continued farming in the basin a package deal.”

More opposition and danger

Other local bodies are complaining of being left out of the agreement drafting process as well. Last Tuesday, the Siskiyou County Board of Supervisors issued a letter to DOI and California Governor Jerry Brown stating they had “just learned” that a small group of stakeholders intended to sign a new agreement (the KPFA) on Wednesday.

“The sheer fact that Siskiyou County is home to 68 percent of the Klamath River frontage tells you our well-documented local concerns should have been included in the planning process,” Haupt told WLJ. “But they were not.”

WLJ spoke with Haupt about the expected economic and environmental effects of dam removal in his county. He said the dams provide enough power for 70,000 houses per year—a significant number in rural northern California and southern Oregon. Dam removal is expected to cause regional energy rates to skyrocket. Siskiyou County also expects several million in annual economic losses; Klamath County estimates around $0.5 million in losses.

The predicted environmental damage is perhaps most striking. While Brown said last Wednesday that signing the agreements was an act of “healing this river,” Haupt said the government’s own analysis predicts the opposite. He referenced a biological assessment prepared in 2010 by the federal agencies themselves, which reveals that the four dams’ removal method will result in “complete sterilization of all aquatic life for a minimum of two years” in the Klamath River, due to the roughly 20 million cubic yards of sediment that will be flushed into the river. Haupt said the report even admits dam removal will wipe out an entire generation of the federally-listed Coho salmon—the very fish that is being touted as the reason for the dams’ removal. This is a “clear, egregious violation” of the Endangered Species Act, he said.

“The agencies have this information in their hands, and yet they’re forging ahead,” Haupt told WLJ.

“Never mind the facts, never mind that 80 percent of the Siskiyou County’s electorate has voted against removing the dams. There are a few powerful players who want this [dam removal]. We fully intend to fight against this environmental and economic abomination put upon the taxpaying ratepayers of Siskiyou County.”

— Theodora Johnson, WLJ Correspondent

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Klamath Basin Crisis.org news 4-12-16

Agriculture, KBRA or KHSA, Klamath Basin Crisis.org, Klamath River & Dams

KBC News

Klamath Free Press

Someone else’s choice = your sacrifice posted on the www.klamathbasincrisis.org / KBC News Discussion Forum April 12, 2016.Over the past 25 years over 800 dams of various sizes have been destroyed in our nation alone. That is a bit scary since one of the big differences between first and third world countries is found in the existence or absence of fully functioning dams…Not too long before the seemingly treacherous and unsupported agreement to remove four Klamath River dams was signed (with blatant indifference to voter or congressional approval) it was more than a little disquieting to find out that Dan Keppen, (former head of the Klamath Water Users Association) had met with the Obama Whitehouse and United Nations associates in person to discuss water issues, water policy and resolution templates including the Klamath Basin Restoration Agreement (KBRA) etc…”

Klamath Irrigation District
KID in the News

KBC Note: The newest KID board had rejected the Klamath settlement ‘agreements’, questions signing on for the multimillion$ C Flume that BOR says must be signed ‘as is’ or they will shut off KID water). KID is question signing onto Interior’s newest Klamath Agreements which they were given no input and less than a week to read before Interior and the States signed on. They question being part of KWUA/Klamath Water Users Association, and continuing to help fund Family Farm Alliance which now supports the Klamath hydro dam destruction (which will decimate what’s left of Siskiyou County after the spotted owl scam).

* Klamath Irrigation District Board of Directors monthly public meeting agenda Klamath Fairgrounds Thursday 4/14/16, 10 a.m. .

MEMORANDUM – April 8, 2016 From: Attorney Lawrence Kogan To: KID Board Members Re: Relationship Between BOR C Flume Replacement Financing Contract and Basin Agreements. KBC NOTE: KID/Klamath Irrigation District board members were told by the Bureau of Reclamation that if they did not vote to replace the C Flume for millions of dollars and unacceptable wording, their water would be shut off. Blackmailed into signing with little time to realize the carefully designed trickery by Klamath Water Users Association and democrat senators Wyden and Merkley, a leaked document caused KID attorney to see the hidden connection between the C Flume and the Klamath agreements that KID opposes.

Hydro agreement changes made without using the rule of law, H&N letter by Laurence A Kogan, Esq guest writer for H&N 4/10/16

Klamath Irrigation Demand for Copy of Newly Amended Text of Amended KHSA; Invocation of KHSA Notice and Dispute Provisions, 4/5/16. “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…”

“KID officially invokes the Notice and Dispute provisions of Articles 8.5 and 8.6 of the KHSA, which requires all KSHA parties to meet and confer to resolve this dispute pursuant to the provisions of KHSA Article 8.7”

State, federal officials sign new Klamath dam agreements, Capital Press, posted to KBC 4/10/16. “We are objecting to the process that they violated and continue to violate,” Kogan told the Capital Press, adding that the district may sue to block the agreement…

***Federal, State, Tribal and Environmentalist efforts to curtail irrigation in the Klamath Basin, 4/4/16. “The Klamath Irrigation District Board and many District members are very concerned about the ongoing clandestine efforts of the U.S. Department of Interior (“DOI”)’s Bureau of Reclamation (“BOR”), in cooperation with the DOI’s Fish & Wildlife Service (“FWS”), the Federal Energy Regulatory Commission (“FERC”), the U.S. Department of …and Warren Buffet’s PacifiCorps to diminish the use of irrigation and the access of the Klamath Irrigation Project to irrigation water in the Klamath Basin by: 1) removing four perfectly operational dams in the Lower Basin (John C Boyle, Copco 1, Copco 2 and Iron Gate); 2) transferring to the BOR….”  “…perhaps, certain BOR officials based in the local Klamath Falls, Oregon, Sacramento, California, Denver, Colorado, and Washington, D.C. offices, along with certain Klamath Basin irrigator members of the Klamath Water and Power Association (“KWAPA”) who are also members of the Klamath Water Users Association
(“KWUA”) may have committed federal crimes…”
INCLUDED in the above link are the following documents: “In the interest of public transparency, we have made the following documents relating to these issues available online: · KBRC · KBRA · UKBCA · KHSA (original) · KHSA (containing new amendments) · BOR’s one-sided take-it-or-leave-it high debt burden financing agreement · KPFA (new) · Merkley-Wyden bill (linking signing of amended KHSA, tribal water rights preference, BOR reimbursable C Flume financing & lower cost power via signing of new KPFA) · KID Press Statement · BOR Take-or-Leave-it C-Flume Financing Agreement · KID-Modified Red-lined C Flume Financing Agreement · Memo to KID Board Explaining Redline Edits · Memo to KID Board Re: 3/24/16 BOR Mtg Proceedings · Exhibit 1 to KID Board Memo Re: BOR 3/24/16 Mtg · Exhibit 2 to KID Board Memo Re: BOR 3/24/16 Mtg · 1954 KID-BOR Agreement · 1930 Project Right-of-Way BOR Granted to BNSF Railway · 1940 Project Right-of-Way BOR Granted to Oregon DOT · 2014 GAO Report Re: BOR Failure to Provide Accounting to Klamath Irrigation Project & KID of Net Accumulated O&M Expenditures”

“Well, if I wanted all the people out of Northern California, what would I do?” letter to KBC News by Mark Johnson, posted 4/12/16

www.klamathbasincrisis.org

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Klamath Basin Crisis.org news 4-11-16

KBRA or KHSA, Klamath Basin Crisis.org, Klamath River & Dams

Please go to  the website and link to the articles:

www.klamathbasincrisis.org

KBC News

Matthew 5:9 “Blessed are the peacemakers, for they shall be called children of God.”

* Rally to Save the Klamath Dams Tuesday, April 12th

Oregon Firearms Federation Endorses E. Werner Reschke for Oregon State Rep, 4/10/16.

HERE for Reschhke’s website: Oregon State Rep Candidate Werner Reschke

MEMORANDUM – April 8, 2016 From: Attorney Lawrence Kogan To: KID Board Members Re: Relationship Between BOR C Flume Replacement Financing Contract and Basin Agreements. KBC NOTE: KID/Klamath Irrigation District board members were told by the Bureau of Reclamation that if they did not vote to replace the C Flume for millions of dollars and unacceptable wording, their water would be shut off. Blackmailed into signing with little time to realize the carefully designed trickery by Klamath Water Users Association and democrat senators Wyden and Merkley, a leaked document caused KID attorney to see the hidden connection between the C Flume and the Klamath agreements that KID opposes.
Notice of Potential Termination Event, KWUA / Klamath Water Users Association 1/16/16. “…citing original KHSA Art. 3.3.4.A and Appendix E (above) showing intertwined/interlinked relationship between KHSA & KBRA (now incorporated, in part, in KPFA”

Will the United States (and Klamath Basin) Go the Way of Zimbabwe? by Elaine Willman, MPA, 4/10/16.

Hydro agreement changes made without using the rule of law, H&N letter by Laurence A Kogan, Esq guest writer for H&N 4/10/16

Letter from Siskiyou County Board of Supervisors to DOI Secretary Sally Jewell and Calif. governor Jerry Brown, posted to KBC 4/10/16

Full water supply expected, H&N 4/9/16

Stop whining and let Whitsetts live in peace, H&N 4/9/16.

Agencies sign dam removal agreements, Western Livestock Journal 4/8/16. “local voices are making clear that the “shared vision” of dam removal is not universal, and that the agreements as drafted may not ensure either restoration of the river or sustainability of water use on the Klamath…While Brown said last Wednesday that signing the agreements was an act of “healing this river,” Haupt said the government’s own analysis predicts the opposite…which reveals that the four dams’ removal method will result in “complete sterilization of all aquatic life for a minimum of two years” in the Klamath River, due to the roughly 20 million cubic yards of sediment that will be flushed into the river…the report even admits dam removal will wipe out an entire generation of the federally-listed Coho salmon—the very fish that is being touted as the reason for the dams’ removal. This is a “clear, egregious violation” of the Endangered Species Act, he said…”

State, federal officials sign new Klamath dam agreements, Capital Press, posted to KBC 4/10/16. “We are objecting to the process that they violated and continue to violate,” Kogan told the Capital Press, adding that the district may sue to block the agreement…”

Dam removal impact clearer after letter (from Klamath Commissioners to FERC), H&N letter to editor by Robert Harris, Klamath Falls, posted to KBC 4/10/16

California Farm Bureau Federation Friday Legislative Review, posted to KBC 4/10/16. “AB 2757 would require agricultural employers to pay overtime premium pay (at a rate of 1.5 times an employee’s regular rate of pay) to their employees after 8 hours in any work day, and 40 hours in any work week; premium pay at the rate of two times the employee’s regular rate of pay for any work after 12 hours in a day; and will repeal the agricultural exemption…”  “AB 2700 (Rudy Salas, Jr., D-Bakersfield) passed out of the Assembly Utilities and Commerce Committee on consent on April 6. AB 2700 requires the CPUC to update the criteria it uses to prioritize renewable energy projects…” KBC NOTE: Why would they create more renewable energy projects while California governor wants to destroy Klamath River hydropower (the ultimate renewable energy) dams serving 70,000 homes?

Oregon lawmaker says new Klamath dam removal plan may be illegal, Capital Press, posted to KBC 4/10/16.

From the archives: ‘Game’ was rigged to limit participants, H&N letter to the editor by Werner Reschke, Malin 10/25/15, “the game has been rigged by the “stakeholders” (tribes, environmentalists, fishermen, some in agriculture) so they become the winners. The rest of us are the losers: more national debt passed to our children and increased power rates from the destruction of four hydropower dams — the cheapest power source in Pacific Power’s portfolio…”

Klamath agreements a ‘first step’, H&N 4/6/16. “Siskiyou County Supervisor Grace Bennett said she plans to oppose dam removal during FERC’s public comment process. “We are going to be very vocal,” she said. “This is a real tragedy for the Klamath River and the people who live along the Klamath River in Siskiyou County.  Siskiyou County Supervisor Brandon Criss said he will also continue opposing dam removal. “I think the dams have had a proven benefit for the (Basin) farming community,” Criss said.”

Klamath Irrigation Demand for Copy of Newly Amended Text of Amended KHSA; Invocation of KHSA Notice and Dispute Provisions, 4/5/16. “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…”

www.klamathbasincrisis.org

No Comments

Sign AGREEMENT to save Klamath dams 4-12-16

CA & OR, KBRA or KHSA, Klamath River & Dams, Siskiyou County

We the people will hold our own symbolic signing of an AGREEMENT to save and protect four Klamath hydro-electic dams from destruction.

A rally for photo and signing will be held on

Tuesday, April 12, 2016

1 p.m.

Front of Siskiyou Co Court House at

311 4th Street, Yreka, Ca

Please attend and sign the Agreement to save the dams!

California and Oregon Governors along with federal agencies have ignored Siskiyou County and We the People. The dams must stay in !!!

Bring your family, friends and neighbors.

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Rep. LaMalfa Comments on Klamath Dam Removal Announcement

Doug LaMalfa Congressman CA, Federal gov & land grabs, KBRA or KHSA, Klamath River & Dams, State gov

PNP comment: Thank you Congressman LaMalfa for your voice of truth during this farce of an agreement. — Editor Liz Bowen

April 6, 2016

Richvale, CA – Rep. Doug LaMalfa (R-CA) today commented on the agreement that Interior Secretary Sally Jewell, California Governor Jerry Brown, and Oregon Governor Kate Brown signed. It will cost at least $250 million in taxpayer funds to remove four dams owned by billionaire Warren Buffett’s PacifiCorp, creating a so-called “non-federal entity” to oversee the project. LaMalfa released the following statement:

The overwhelming majority of residents of the Klamath Basin, those who are actually impacted, have been cut out of this process in favor of environmental extremists, bureaucrats in Sacramento and Washington, and a taxpayer bailout for billionaire Warren Buffett. 

 We’ve seen government agency employees openly admit to designing this process specifically to avoid Congressional oversight, create a front company in order to avoid open government laws, and force stakeholders to sign nondisclosure agreements just to learn how they’ll be impacted. 

 Those lauding today’s announcement should consider whether they’d support an administration of another party using such tactics to end-run around their elected representatives and impose policies with negative impacts on their communities.

I remain committed to working toward a comprehensive solution to the region’s water supply challenges that protects agriculture and electric ratepayers. However, dam removal does nothing to address these issues.  

When LaMalfa questioned Assistant Secretary of the Interior Mike Connor during a recent House committee hearing about the secretive planning process leading up to the agreement, Connor refused to answer whether the proposal complied with open government laws.

Part one of LaMalfa’s exchange with Connor may be found here: https://www.youtube.com/watch?v=1zkEqkh3Shk

Part two may be viewed here:

https://www.youtube.com/watch?v=1zkEqkh3Shk

 

Congressman Doug LaMalfa is a lifelong farmer representing California’s First Congressional District, including Butte, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou and Tehama Counties.

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Siskiyou Co. Supervisors respond to signing for Klamath dam destruction

Agriculture, CORRUPTION, Federal gov & land grabs, KBRA or KHSA, Klamath River & Dams, Siskiyou County

From:  Siskiyou County Board of Supervisors

April 5, 2016

The Honorable Sally Jewell Secretary of the Interior

1849 C Street,

N.W. Washington. D.C. 20240

The Honorable Jerry Brown Governor of California

State Capitol

 Sacramento, CA 95814

Re: New Klamath Hydroelectric Settlement Agreement

Dear Secretary Jewell and Governor Brown:

We have just learned that a subset of parties to the Klamath Hydroelectric Settlement Agreement which is an even smaller group than the significant stakeholders in the Klamath Watershed – intend to sign a new amendment to the hydroelectric agreement on April 6. It is sad and ironic that an agreement that started out to address fish and water supplies in the Upper Basin has degenerated into something where the main focus is the removal of four dams on the lower river and water supply reliability is unaddressed.

This attempt to breathe new life into the failed efforts of the Klamath Basin Restoration Agreement in a futile action in the last year of the Obama Administration is yet another misguided waste of time and resources for everyone with an interest in securing the future of water supplies, water quality, and sustainable fisheries in the Klamath Basin.

The lawsuits are already lined up and ready to define the next significant era of water/politics for the Klamath River. The ham-handed handling of this latest effort (with “secret” meetings, lack of transparency, and lack of authority, to name the most obvious examples) to force some parties’ one-and-only solution on the Klamath Basin has only provided even more gist for the legal battle that will come. The blatant violation of the federal Endangered Species Act and the potential extirpation of the coho salmon from the Klamath River is only the most egregious violation of federal law.

We urge you to rethink your course of action and to not let the intransigence of certain advocates condemn us to yet another wasted decade. Please do not sign yet another unauthorized and incomplete agreement to once again raise false hope that a real and lasting Klamath River fix is finally at hand when a real solution is still desperately needed.

Grace Bennett Chair, Board of Supervisors

Brandon Criss , District I

Ed Valenzuela, District 2

Michael Kobseff , District 3

Grace Bennett, District 4

Ray A. Haupt, District 5

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Attorney Larry Kogan demands amended Klamath Hydroelectric Agreement

Agriculture, Federal gov & land grabs, KBRA or KHSA, Klamath River & Dams

April 4, 2016

Mr. Edward Sheets

Ed Sheets Consulting

4545 Sand Point Way Ne # 801

Seattle, WA 98105

Re: KID Demand for Copy of Newly Amended Text of Amended KHSA;  Invocation of KHSA Notice and Dispute Provisions

Dear Mr. Sheets,

I am Counsel and Legal Representative of the Klamath Irrigation District (KID).  I understand from the terms of Article 1.B of the draft proposed Klamath Power and Facilities Agreement (“Definitions and Acronyms – Amended KHSA”) which was recently “leaked” to the public, that the Federal and State Parties to the Amended KHSA intend to execute the Agreement on Wednesday, April 6, 2016, or soon thereafter.

Among other problems with the new draft KPFA, it is clear that the process for its negotiation has been other than public and transparent considering that the draft KPFA was itself labeled “Confidential and Privileged Settlement Communication,” as was the amended KHSA previously.  As you may recall, Congressman Doug LaMalfa (R-CA) and his Chief of Staff, Mark Spannagel, had protested to you and the other federal and state officials participating in these “confidential settlement negotiations” against the non-transparency of the negotiating process as well as against the illegality of the requirement that participants and observers sign a nondisclosure agreement.     As today’s press reveals, the KPFA provision noted above has all been but corroborated in the following press release and news article issued today, April 4, 2016, respectively, by Secretary of the Interior Sally Jewell, Oregon Governors Kate and Edmund Brown, and by the Northcoast Journal.    https://www.doi.gov/mediaadvisories/secretary-jewell-governors-california-and-oregon-triballeaders-water-users-make

http://www.northcoastjournal.com/NewsBlog/archives/2016/04/04/california-oregon-governorsto-make-major-announcement-on-klamath

You may recall, during the March 16, 2016 public meeting in Sacramento, California, that I requested on several occasions, in my capacity as Counsel and Legal Representative of the KID, a signatory and stakeholder to the KHSA, for the opportunity to submit, on the KID’s behalf, redline edits to the amended KHSA.  The KID had been working on these edits for several weeks until it learned from third parties that the March 15, 2016 amended KHSA text has, once again, been amended.

Unfortunately, you have failed to share with us such subsequently amended text, and have thus violated the KID’s and its members’ due process rights under said agreement. 

Since the KID did not, as signatory and stakeholder, receive a copy from you of the once again amended text of the amended KHSA, the KID now demands that you provide it with such a copy without delay.  Additionally, the KID demands that the federal, state and local governments and tribal parties to the amended KHSA immediately cease all activities that would lead to execution of said agreement in the near future without adequate review by and discussion between and among the parties.

In making these demands, the KID officially invokes the Notice and Dispute provisions of Articles 8.5 and 8.6 of the KHSA, which requires all KSHA parties to meet and confer to resolve this dispute pursuant to the provisions of KHSA Article 8.7.

As signatories and stakeholders to the amended KHSA, the KID is entitled to a reasonable opportunity, as a matter of due process of law, to receive, to review and to comment on the newest and most recent text of the subsequently amended KHSA, before the federal, state and tribal parties execute said agreement.

Mr. Sheets, as the appointed “neutral” intermediary, facilitator and convener of the public meetings and negotiation processes surrounding both the amended KHSA and the recently disclosed draft KPFA, you are both legally and ethically obligated to uphold your responsibility to all signatories and stakeholders be fair, neutral, equitable and disinterested.  Your actions to date betray this obligation.

Please be apprised that should you not act in the manner becoming of such role and proceed to deny the KID its legal and procedural rights, the KID, on behalf of its members, reserves the right to proceed legally against you, as a contractor of the Bureau of Reclamation, and against the U.S. Department of Interior, and the States of Oregon and California.

In the interest of reconciliation, I look forward to receiving immediately the newly amended KHSA text and your very prompt reply.

Sincerely,

Lawrence Kogan

Lawrence Kogan            Managing Attorney

Cc: Klamath Irrigation District, Brent Cheyne, Chairman of the Board of Directors  U.S. Department of Interior, Sally Jewell, Secretary, U.S. Department of Commerce, Kathryn D. Sullivan, Under Secretary of Oceans & Atmosphere  PacifiCorp d/b/a Pacific Power, Stefan A. Bird, President and CEO

      100 United Nations Plaza   •   Suite 14F   •   New York   •   NY   •   10017      • Phone (212)644-9240   • Fax (646)219-1959 •   www.koganlawgroup.com

 California Natural Resources Agency, Edmund G. Brown, Governor  State of Oregon, Kate Brown, Governor   California Department of Fish and GameWildlife, Charleton Bonham, Director  Oregon Department of Environmental Quality, Joni Hammond, Interim Director  Oregon Department of Fish and Wildlife, Curt Melcher, Director  Oregon Water Resources Department, Thomas Byler, Director   Karuk Tribe, Arch Super, Chairman  Klamath Tribes, Donald Gentry, Chairman  Yurok Tribe, James Dunlap, Chairperson  Del Norte, California, Gerry Hemmingsen, Chairman, Board of Supervisors  Humboldt County, California, Mark Lovelace, Chairman, Board of Supervisors  Klamath County, Oregon, John Elliott, Commissioner  Honorable Douglas LaMalfa, California 1st District  Honorable Gregory Walden, Oregon 2nd District

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