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Water war between Klamath River farmers, tribes poised to erupt

May 7, 2013
KBRA or KHSA, Klamath County, Klamath River & Dams, Tribes

PNP comment: I stopped copying the article at a paragraph that is such a blatant lie, I can hardly stand to even post this on PNP. Gee wiz. The Feds pulsed Trinity River with cold water that brought up chinook salmon from the Pacific Ocean (not endangered species) in a hot August during the natural drought of 2002.

Also, locals claim a meth lab dumped its garbage in there; and I talked to someone who arrived at the scene of the dead salmon in 2002, who said that “everything” was dead, not just salmon from a salmon disease.

Oh, and guess how long it took the U.S. Fish and Wildlife Service to show up to investigate?  Yep, 10 days!  And it was not much more than an hour’s drive from their Eureka, CA. office. That incident was so stinkin’ fishy. No pun intended. They did then test the water and found no chemicals and only took one fish to examine. Looked to me like they didn’t want to find anything, but the lies they spewed.

Oh, and under the Karuk Treaty with the U.S. government in 1851, they have no fishing rights except at Ishi Pishi Falls.  The Yuroks do have a fishing right under their Treaty, which is 50 percent of the returning salmon. And the U.S. Fish and Wildlife Service contracts with the Yuroks to count the fish, who nearly always cry there is not enough. Hum, looks like the fox is watching the hen house. — Editor Liz Bowen 

  By Tony Barboza,

Los Angeles Times

New water rights have given tribes an upper hand over farmers just as the Klamath River basin plunges into a severe drought.

KLAMATH FALLS, Ore. — For decades this rural basin has battled over the Klamath River’s most precious resource: water that sustains fish, irrigates farms and powers the hydroelectric dams that block one of the largest salmon runs on the West Coast.

Now, one of the nation’s fiercest water wars is on the verge of erupting again.

New water rights have given a group of Oregon Indian tribes an upper hand just as the region plunges into a severe drought.

Farmers and wildlife refuges could be soon cut off by the Klamath Tribes, which in March were granted the Upper Klamath Basin’s oldest water rights to the lake and tributaries that feed the mighty river flowing from arid southern Oregon to the foggy redwoods of the Northern California coast.

Within weeks, the 3,700-member tribes are poised to make use of their new rights to maintain water levels for endangered Lost River and Shortnose suckers, fish they traditionally harvested for food. Under the “first in time, first in right” water doctrine that governs the West, the Klamath Tribes can cut off other water users when the river runs low.

Low flows have already raised tensions between tribes and farmers who draw from the river’s headwaters. Cutting off water this year could dry up farmland and bring that looming conflict to a head.

“A lot of people’s water could be shut off, and that has huge implications and it affects peoples’ livelihoods to the core,” said Jeff Mitchell, a tribal council member and its lead negotiator on water issues. “But I also look at our fishery that is on the brink of extinction. We have a responsibility to protect that resource, and we’ll do what we need to do to make sure that the fish survive.”

The tribes’ cutting off water could also spell the end to a fragile truce that was supposed to bring lasting peace to the river. A coalition of farmers, fishermen, tribes and environmentalists forged the Klamath Restoration Agreements three years ago to resolve the distribution of water and restore habitat and bring back salmon by removing four hydroelectric dams. But the deal has languished in Congress, and a year of drought and discord could unravel it for good.

Before the attempt at compromise, the Klamath had lurched from crisis to crisis for more than a decade: water shut-offs that left farmland fallow, flows so low they caused a mass fish die-off, recurring toxic algae blooms that fouled reservoirs, and salmon population declines that closed 700 miles of coastline to fishing.

The tribes fear that exercising their new water rights will make them a target for retaliation or violence. Klamath County is 86% white, and the long history between Indians and some farmers is strained.

Some of the farmers resented payments that some tribal members received after the U.S. government terminated their federal recognition and dissolved their reservation in the 1950s.

In recent months, members monitoring water levels have reported being threatened by farmers, and the tribes have sought assurances from law enforcement that they will be protected. State officials have taken the unusual step of assembling a 15-person Klamath Action Team to protect public safety and stave off water conflicts as the region plunges into a severe drought, said Richard Whitman, natural resources policy advisor to Oregon Gov. John Kitzhaber.

::

The truce was supposed to bring peace along the Klamath. Instead the discord has surged since it was signed and sent to Congress, where it has sat unsigned.

Several environmental groups say the deal provides too much water to irrigation interests and not enough for fish and wildlife. Conservative groups have organized in opposition to dam removal and the Endangered Species Act through the Tea Party Patriots and have unseated pro-restoration officials from local posts in the watershed’s upper basin. In February, the Klamath County Board of Commissioners voted to withdraw from the deal altogether.

Tom Mallams, a hay farmer and tea party member from Beatty, Ore., who was elected Klamath County Commissioner in November, said the new tribal water rights are being used as a hammer to try to force opponents to sign on to the deal.

“The supporters of this are desperate,” he said. “They’re making a last-ditch effort to make it go through right now because they know it’s dying. I think some people will sign on to it in sheer desperation, but there is no trust in those agreements.”

Becky Hyde, a cattle rancher who lives across the road from Mallams on one of the Klamath’s upper tributaries, is a close ally of the Klamath Tribes and worked for years to build support for the settlement. Now, she is trying to assess how many of her and her neighbors’ pastures will go dry.

“A year like this,” she said, “may be the only thing that gets the people who represent us in Congress to get serious.”

Under the settlement, the Klamath Tribes agreed not to use their water rights to shut down the largest group of irrigators. In exchange, the tribes would see restored habitat and the probable return of their salmon fishery and would regain some 92,000 acres of private forestland, a small portion of the reservation the U.S. government dissolved when it terminated their federal recognition in the 1950s.

The Klamath River basin was harnessed for large-scale irrigation by the federal Bureau of Reclamation’s 1905 Klamath Project, turning a relatively dry expanse on the Oregon-California border into a rich belt of farms and homesteads, many settled by World War I and World War II veterans. The irrigated lands now support 1,400 farms on 200,000 acres, where fields of alfalfa, potatoes, grains and mint feed from an intricate system of canals, drains and pumps.

Clashes over the water supply boiled over in 2001, when the federal government cut off water deliveries to Klamath Project farmers in order to protect endangered suckers and coho salmon from a drought. The enraged farmers made national news after they formed a massive “bucket brigade” to manually pass water into irrigation canals as an act of civil disobedience.

The Bush administration resumed water deliveries the next year, leaving so little flow that tens of thousands of fish in the river’s lower reaches washed up dead. The fish kill devastated California’s Karuk and Yurok tribes, who depend on the salmon harvest.

For more lies:

 http://www.latimes.com/news/local/la-me-klamath-20130507,0,1265691.story

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Oregon Water Fight Revives

Apr 20, 2013
Federal gov & land grabs, Greenies & grant $, KBRA or KHSA, Klamath County, Klamath River & Dams, Salmon and fish, Tom Mallams-Klamath Co Commissioner, Tribes

PNP comment: There has been a BIG push by Greenies, Tribes and fed agencies to push the KBRA in large, well-known newspapers recently. They make it sound like it is a DONE DEAL. 

It is NOT.

Bottom line: There will be millions of dollars in “restoration” monies for these Greenie groups, several Tribes and government agencies to continue a welfare existence. Even though taking out the dams will kill the fish, wildlife, destroy water quality for years and dump huge amounts of toxic sediment into the Klamath River and allow the unfiltered spread of noxious weeds, whereever water recedes.

Also, the salmon have swam 191 miles up the Klamath River, when they reach the first dam — Irongate Dam. They typically have sores and are ready to spawn and die, which they do in the Irongate Fish Hatchery. If we need more fish, they can certainly increase the number to release from the hatchery. 

So our mantra remains:

 SAVE the dams and we will SAVE the fish, wildlife, streambeds and water quality. Simple. — Editor Liz Bowen

The Wall Street Journal

Landmark 2008 Pact to Aid Region Remains in Limbo as a New Drought Hits

By JIM CARLTON

KLAMATH FALLS, Ore.—One of the most bitter water wars in the West is erupting again.

This past week, the Klamath County Commission in southeastern Oregon and Gov. John Kitzhaber both declared a drought emergency to help make farmers eligible for federal subsidies to alleviate any losses. The agricultural county of 70,000 has been dealing with unusually dry conditions for the past four months, with farmers and ranchers saying they face potentially crippling water cutbacks by federal agencies.

If “they shut water off here, there could be some violence,” said Tom Mallams, a rancher and member of the Klamath County Commission. The drought declaration “will help defuse some of the tensions—I hope, anyway.”

The move is the latest attempt to quell water concerns in the 6,135-square-mile county of rugged sage and timber land, where one of the West’s most heated water wars broke out in 2001. At the time, federal officials shut off irrigation to thousands of acres of farmland in Oregon and California to protect endangered fish during another drought. In the aftermath, federal marshals had to be called in to stop angry farmers from reopening locked irrigation gates.

The squabbles resulted in a landmark 2008 agreement to end the fighting, including a provision by PacifiCorp, a Berkshire Hathaway  BRKB +2.21% Inc.-owned utility based in Portland, Ore., to remove four dams on the Klamath River by 2020. The agreement was unique because it brought many of the warring parties to the negotiating table, including PacifiCorp, the U.S. Interior Department and California and Oregon. At the time it was signed, many looked at the agreement as a model for resolving other water disputes in the West.

                                                                                                Joe Kline for The Wall Street Journal

A view of the J.C. Boyle Dam near Keno, Ore. The dam is listed for removal under the Klamath Basin Restoration Agreement.

But in the five years since, the agreement has hit stumbling blocks, showing how difficult it remains to settle Western water disputes, even after the feuding sides have come together. And the recent dry conditions have renewed water tensions over who gets what. This past week’s drought declaration was partly an attempt to help protect mostly ranchers not covered by the 2008 agreement.

One big issue hindering the 2008 agreement is that the deal’s provisions have yet to be approved by Congress. The pact is languishing amid resistance in the Republican-held House to nearly $1 billion in projected federal costs to meet key goals, such as restoring wetlands.

In Klamath County, the agreement also has faced local opposition to dam removal among residents who believe it would reduce water further in the basin. In addition, locals who oppose the 2008 deal have risen in power. Last year, Mr. Mallams—a rancher who said the agreement favored farmers’ water rights over ranchers’ rights—was elected to the three-member Klamath County Commission. The commission, which had signed the 2008 agreement, voted last month to withdraw its support for the deal.

READ more:

http://online.wsj.com/article_email/SB10001424127887324763404578428962610094212-lMyQjAxMTAzMDIwMTEyNDEyWj.html?mod=wsj_share_email

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News from Klamath Basin Crisis.org

Mar 12, 2013
KBRA or KHSA, Klamath Basin Crisis.org, Klamath County, Klamath River & Dams

Klamath County Commissioners withdraw from KBRA 

/12/13 Order by Klamath County Commissioners to withdraw from KBRA/Klamath Basin Restoration Agreement.

                        Klamath Basin Restoration Agreement/dam removal agreement; Can they do that?, H&N 3/10/13.
Followed by:

What does KBRA say about opting out?

What’s next for the KBRA?

Will the commissioners decision effect dam removal?

Reactions to the commissioner’s decision?

How to guarantee water?

KBC News Note- in a nutshell: Klamath County ousted 3 pro-KBA commissioners in the past 2 elections and voted in 3 commissioners who oppose the KBRA.

Citizens were denied a vote on whether they supported or opposed the KBRA so they voted for these 3 men to represent them. KCC voted to withdraw from the KBRA. Herald and News supports the KBRA, and the the above link contains their stories.

Siskiyou County was allowed a vote and they voted to oppose it.

Dozens of environmental groups, government agencies, tribes and Klamath Water Users Association are demanding Klamath County remain in the controversial dam-removal KBRA against the wishes of their constituents.

www.klamathbasincrisis.org

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Legal flap erupts over county’s exit from KBRA

Mar 7, 2013
KBRA or KHSA, Klamath County, Klamath River & Dams

PNP comment: We stand by Tom Mallams. The KBRA is an “agreement” not a contract. It is called the “Klamath Basin Restoration Agreement.” The Greenies are just angry they can not threaten Mallams and the other two Klamath County Commissioners into submission. — Editor Liz Bowen         

http://www.capitalpress.com/newsletter/TH-kbra-w-photo-infobox-022813

Other signatories say the agreement is a binding contract

By TIM HEARDEN

Capital Press

KLAMATH FALLS, Ore. — A county commissioner here rejected arguments from proponents of the Klamath Basin Restoration Agreement that Klamath County cannot legally withdraw from the pact.

Commissioner Tom Mallams, a longtime project critic, said the panel was fully within its rights when it voted 3-0 on Feb. 26 to have County Counsel David Groff draw up an order to drop out of the project.

The Board of Commissioners will take a final vote on the issue March 12, only a few months after a previous commission voted to join the 41 other signatories in agreeing to a two-year extension.

“One board cannot by law in Oregon bind a future board,” said Mallams, a hay farmer from Beatty, Ore. “They cannot do it. They’ve been raising that argument, but in the KBRA meetings it was made very plain in all the discussions that if anybody wanted out, they would be let out.

“There was never, ever a concept of being forced to stay in it at all,” he said.

Two other signatories — the Karuk Tribe and the Klamath Water Users Association — have said the county can’t pull out because the agreement is a binding contract.

Ed Sheets, facilitator of the panel that oversees the project’s implementation, told the Capital Press he has asked Groff to point to the language in the agreement the county is citing as its basis for withdrawing.

“There are only a few, very narrow provisions for a party to withdraw from the agreement,” Sheets said.

One of those provisions is if a portion of the pact is found to violate existing laws, he said. The pact does acknowledge that one Congress cannot bind future congresses when it comes to the appropriation of money, but Sheets said he is unaware of similar language for other governmental bodies.

Groff said he could not comment about the county’s legal position without consulting the commission further. He said Oregon law “is fairly consistent with other state bodies of law” regarding commissions’ inability to bind future commissions.

The flap is only the latest in a long string of controversies and challenges facing the 3-year-old water agreement, which includes the removal of four dams from the Klamath River and numerous conservation efforts.

As funding and authorization has languished in Congress, U.S. Interior Secretary Ken Salazar last year indefinitely put off making a final determination of the feasibility of the project, which he had hoped to do by this month.

The latest setback comes as tribes may be on the verge of having their senior water rights affirmed by a long and complex adjudication process. In addition, another biological opinion on the water needs of imperiled suckers and coho salmon is due out this spring.

Mallams said the KBRA was successful at bringing people together, but he argued the parties should scrap the current agreement and craft a new one that doesn’t exclude some interested parties from the conversation.

“We need a settlement here,” he said. “That’s one thing I have been optimistic about is the tone in some of these last meetings we’ve had. The project irrigators and the tribes want us to be talking and that’s great. That has changed somewhat, so I am optimistic that’s what needs to happen.”

Online

Klamath County Board of Commissioners: http://www.klamathcounty.org/commissioners/

Klamath Basin Restoration Agreement: http://klamathrestoration.gov/

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Klamath Basin Crisis.org news 3-3-13

Mar 3, 2013
KBRA or KHSA, Klamath Basin Crisis.org, Klamath County, Klamath River & Dams

3/3/13 – James 3:13-18, “Who is wise and understanding among you? Let him show by good conduct that his works are done in the meekness of wisdom. But if you have bitter envy and self-seeking in your hearts, do not boast and lie against the truth. This wisdom does not descend from above, but is earthly, sensual, demonic.

For where envy and self-seeking exist, confusion and every thing evil are there. But the wisdom that is from above is first pure, then peaceable, gentle, willing to yield, full of mercy and good fruits, without partiality and without hypocrisy. Now the fruit righteousness is shown in peace by those who make peace.”

– sent by Frank Tallerico

                        Thomas Allen Robison, Tulelake 1951-2013. (Includes the story of Tom’s parents).

Addressing KBRA a good first move, H&N letter by Al Jones, Dairy, posted to KBC 3/2/13. “The message became especially clear when both of the newly elected individuals, as citizens, were known to be against the KBRA as it is written. So do not try to tell me that the KBRA plan as currently written is supported by a majority of county voters.”

At home in Oregon’s House, First term Rep. Gail Whitsett knows her way around the Capitol, H&N, posted to KBC 3/2/13

President Obama nominates Sally Jewell for DOI Secretary – A jewel or a lump of coal? SAWS News, posted to KBC 3/2/13. “Sally Jewell, current CEO of Seattle based REI, was recently nominated by President Obama for the Secretary of the Department of Interior…REI’s bigger influence, however, has come from funneling money to radical groups via the Conservation Alliance…Alliance has contributed more than $11.2 million to grassroots conservation groups throughout North America…. Alliance funding has helped save more than 42 million acres of wildlands; protect 2,748 miles of rivers; stop or remove 25 dams; designate five marine reserves; and purchase nine climbing areas.”

www.klamathbasincrisis.org

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Take Poll to support Klamath Co. Commisssioners

Mar 1, 2013
KBRA or KHSA, Klamath County, Klamath River & Dams

Klamath Herald and News complains about Klamath Co. Commissioners removing the county from KBRA/KHSA.

I cannot believe it but the Herald  and News has another poll on their web site.

This one questions the commissioners actions. It is worded very plain at least with 3 choices.

This has to be responded to NOW!!!

Will they ever be satisfied???

SPREAD THE WORD

www.heraldandnews.com

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Watch Klamath Co Commissioners decide on KBRA 2-26-13

Feb 28, 2013
KBRA or KHSA, Klamath County, Tom Mallams-Klamath Co Commissioner

Click on this page and then the Feb. 26, 2013 box:

http://www.klamathcounty.org/commissioners/weekly_meetings.asp

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Klamath Basin Crisis.org 2-17-13

Feb 28, 2013
KBRA or KHSA, Klamath Basin Crisis.org, Klamath County, Klamath River & Dams

PRESS RELEASE: Klamath County Commissioners vote to withdraw from KBRA/KHSA, KCC 2/27/13

2/27/13 – VIDEO of Klamath County Commissioners weekly meetings. February 12 was the meeting where 70 people spoke for and against county support of the KBRA. February 26 the commissioners voted against supporting the KBRA and explained their reasons. The audio on the Feb. 26 meeting should be working tomorrow.

                        Klamath County Commissioners decided Tuesday to withdraw from the Klamath Basin Restoration Agreement.

” type=”#_x0000_t75″ href=”http://www.heraldandnews.com/members/news/frontpage/article_dc8e185e-80a5-11e2-a311-0019bb2963f4.html” o:button=”t” o:allowoverlap=”f”> County withdraws from KBRA; Commissioners voice concerns over impact on Klamath’s economy,H&N 2/27/13 NOTE: H&N has repeatedly stated that they support the KBRA

Oregon U.S. Representative Greg Walden District 2, 2/27/13

TID Public Meeting on Groundwater Management Plan 2/27/13 HERE for PLAN   20 people came to the TID meeting today. The final public comment meeting will be in April sometime. It will be the last chance to ask questions or give input, and if you have a letter it much be submitted at the April meeting. TID says this is not the same as the OPP On Project Plan mandated by the KBRA that will withhold your groundwater if they decide there is an adverse impact. TID said they do not plan to control or fee private wells. However, apparently other entities like the state or KBRA rulers can use this data to manage our groundwater.

www.klamathbasincrisis.org

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Klamath County Commissioners meeting on KBRA 2-12-13

Feb 14, 2013
KBRA or KHSA, Klamath County, Klamath River & Dams

Here is a link to a video of the meeting. You will need to click on the Feb. 12, 2013 date, I believe.

http://www.klamathcounty.org/commissioners/weekly_meetings.asp

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News from Klamath Basin Crisis.org 2-14-13

Feb 14, 2013
KBRA or KHSA, Klamath Basin Crisis.org, Klamath County, Klamath River & Dams

*** Klamath County Commissioners are still taking comments on the Klamath Basin Restoration Agreement via email until 5 p.m. Friday: email at bocc@klamathcounty.org Be sure EACH family member and concerned friend and neighbor writes the commissioners.

KBRA divide floods commissioners, H&N 2/13/13. “In my opinion you, the Klamath County commissioners, were elected in part because of your stance against the KBRA, and the previous commissioners were voted out in part because of their pro-KBRA views…the agreements … happened in a closed-door process that give no guarantees for water or power rates.”

February 27, 2013 Tulelake Irrigation District’s groundwater management plan public meeting #3.
Tulelake Irrigation District groundwater management draft plan February 2013

                        First issue of Oregon Representative Gail Whitsett’s e-newsletter 2/13/13. “The 77th Legislative Session began with committee meetings on Monday Feb 4th in the capitol. My committee assignments are: Agriculture & Natural Resources,Energy & Environment and Human Services & Housing

As part of an “all of the above” energy strategy, Greg Walden supports bipartisan hydropower bill - 2/13/13

www.klamathbasincrisis.org

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