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Tribes call for agreement termination

Karuk Tribe on Klamath, KBRA or KHSA, Klamath River & Dams

Herald and News.com

May 18, 2017

After mediation failed to find a solution to sustain the Upper Klamath Basin Comprehensive Agreement (UKBCA), Klamath Tribes and Upper Basin irrigators differ on the future of the agreement.

In an April 26 letter, Klamath Tribes Chairman Don Gentry asked U.S. Department of the Interior Secretary Ryan Zinke for the UKBCA’s termination through issuing a “Negative Notice,” citing unmet stipulations in the agreement and termination of the Klamath Basin Restoration Agreement (KBRA).

Gentry recently visited with U.S. Sens. Ron Wyden and Jeff Merkley, both Oregon Democrats, as well as U.S. Rep. Greg Walden (R-OR) in Washington, D.C. and Department of Interior staff regarding the UKBCA.

“We provided a status of the Upper Basin agreement, and our intentions to continue the Negative Notice,” Gentry said.

“It was centered on trying to resolve litigation over water,” Gentry said of the UKBCA. “It was never intended to be a stand-alone agreement. In fact, it really couldn’t survive without the KBRA.”

Agreement request

Upper Klamath Basin irrigators submitted an April 28 letter asking Zinke to keep the agreement in place, via attorney Dominic M. Carollo on behalf of Fort Klamath Critical Habitat Landowners, Sprague River Resource Foundation and the Modoc Point Irrigation District. Upper Basin irrigators continue seek a solution to keep the agreement intact.

“Terminating the UKBCA at this time, just as the irrigation season commences, would have devastating consequences for livestock producers in the Upper Klamath Basin by subjecting them to calls for fulfillment of Tribal in-stream water rights at their full levels as opposed to the reduced levels negotiated under the UKBCA,” Carollo said in the letter.

The Klamath Tribes met with Oregon representatives, land owner entities and Interior officials Oct. 3, 2016 to find a way forward following termination of the KBRA. Attempts for a solution failed.

“The Klamath Tribes determined that the parties could not cure the losses incurred by the termination of the KBRA or address the issues listed in our Notice, as these programs were inextricably tied to KBRA funding sources,” Gentry wrote in the letter to Zinke.

Mediation efforts

Following that determination by Gentry in October 2016, he and other Tribal members continued to seek a solution through mediation. On Feb. 23, Gentry met with a select group of landowners, officials from the Bureau of Indian Affairs, Interior’s Office of the Solicitor and the Department of Justice, as is required by the Upper Basin agreement.

Mediator Susan Driver, who led the mediation, concluded parties were unable to reach a solution, according to the letter to the Interior.

“The expiration of the KBRA is too big to overcome to successfully implement the UKBCA,” Gentry wrote in the letter to the Interior. “…The overall benefits the KBRA was designed to provide to the Klamath Tribes cannot be accomplished through the UKBCA alone.

“When the Klamath Tribes and the other parties negotiated the Klamath Basin Restoration Agreement, it was envisioned that they were going to try to bring as many parties that were battling over water together to reach a solution that would work for all,” Gentry added.

The KBRA terminated Jan. 31, 2015.

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