January 27, 2021
Liz Writes Life
Well, the new year is underway. Holidays and the 2021 Presidential Inauguration are behind us.
Once again, I wish to remind everyone that no legal decision has been made to destroy the Klamath dams. Yes, it seems the rhetoric on dam removal and many other issues tend to be incorrect and misleading. Yes, the non-profit Klamath River Renewal Corporation is still advocating for dam removal, but the Federal Energy Regulatory Commission has not made any new decisions regarding the relicensing of the Klamath dams and the power facilities from Pacific Power to the KRRC.
There is one Klamath water issue that has received an important update regarding the Endangered Species Act and water law.
Earlier this month, the U.S. Bureau of Reclamation released a detailed analysis that will change its approach to the ESA on the Klamath (farming) Project. This new analysis and guidance adopted by the Dept. of Interior’s Solicitor supports the fact that irrigation water deliveries in the Project are not subject to the constraints that Reclamation has applied in the past.
President of the Klamath Water Users Association, Tricia Hill, said this was “positive news” for family farms and ranches, rural communities and wildlife. “The federal government has recognized that we have been overregulated under the ESA and that needs to change,” she said.
The most recent egregious action by Reclamation was less than a year ago. In early spring, Reclamation announced to the 1,200 Klamath Project farmers the amount of irrigation water they would receive. Because of the drought and water dedicated to ESA-listed sucker fish and coho salmon, the water deliveries in 2020 would be very low at 40 percent of their legal water allotment that is stored in Upper Klamath Lake.
The farmers were unhappy, but went ahead and decided which fields to plant, obtained their loans to buy seed and get the land planted. Then in May of 2020, Reclamation told the farmers their water amount would be reduced by half -- to just 20 percent. By the end of June, Reclamation would shut the farmers’ water off. This was unacceptable. Already growing crops would die and many farmers would be bankrupt.
U.S. Congressmen Doug LaMalfa, from California, and Greg Walden, from Oregon, called the Trump Administration along with the Secretary of Interior David Bernhardt and federal Reclamation Commissioner Brenda Burman with complaints. Surprisingly, in early July, DOI Sec. Bernhardt and Reclamation Commish Burman visited the Klamath basin and heard first-hand from the farmers.
Our Siskiyou County Supervisors also advocated for Bernhardt and Burman to re-institute the 40 percent of irrigation water instead of the reduced 20 percent. Both supervisors Michael Kobseff and Brandon Criss attended the Klamath meeting with the congressmen, Bernhardt and Burman. Luckily for the farmers, the Klamath Reclamation’s decision to reduce the water was overruled. Yet, the regulations regarding ESA-listed species continues to be a huge threat for the Project farmers.
Of course, the Klamath farmers and the KWUA are expecting criticism and finger-pointing from those that oppose the Klamath Project farmers.
KWUA Executive Director and Counsel Paul Simmons said, “There could be political blow-back because Reclamation finished the work when it did, but the guidance applies rules that the federal government has recognized in other basins -- such as the Rio Grande and Sacramento -- since at least Pres. Obama’s Administration and that have been upheld in federal courts.”
KWUA President Hill said that Project water users do not have an absolute guarantee of water and there are still water issues involving Tribes that need to be quantified.
The Project was authorized in 1905 under the Reclamation Act of 1902. It consists of dams and irrigation delivery and drainage systems, built and operated by Reclamation and irrigation districts and others. The Project provides water to nearly 200,000 acres and is the sole source of water for the Lower Klamath and Tule Lake National Wildlife Refuges. When water is shut-off to the farmers, it is also shut-off to the wildlife areas.
For many years, Dist. 1 California Congressman Doug LaMalfa, has worked to protect the Klamath Project farmers and the wildlife refuges from losing legal water allocations. He has long advocated for a reassessment of the science that has led to the over regulations by Reclamation. After the 2020 July meetings, and another request by LaMalfa, Reclamation announced the investment of $1.2 million to incorporate new science for the Klamath Project.
“Reclamation’s decision to reanalyze its faulty regulatory approach and recognize that the people, not the government, own this water is a beneficial outcome for farmers and ranchers as well as our native fish species,” said LaMalfa.
“This would not have happened without the willingness of Trump Administration officials to grant my request to visit the Klamath Basin firsthand, listen directly to local needs and commit to using the best available science. I especially want to recognize Commissioner Burman, Secretary Bernhardt and Regional Administrator Souza for their resolve in fixing this problem, and I look forward to continuing this work with Reclamation under the Biden Administration to see this regulatory approach implemented.”
So, there you have it. Some good news that might stick!
May peace flow through us all during the coming week!
Liz Bowen began writing ranch and farm news, published in newspapers, in 1976. She is a native of Siskiyou County and lives near Callahan. Columns from the past can be found at: lizwriteslife.blogspot.com. Call her at 530-467-3515.
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