Important Victory in the Klamath Tribes Water Rights Adjudication
Chiloquin, OR- Today was a milestone in the lengthy Klamath Basin Water Rights Adjudication. The judge hearing the part of the Adjudication that deals with the claims of the Klamath Tribes issues six Proposed Orders quantifying the Tribes’ water rights. In each case he ruled largely in favor of the Tribes’ claims.
“The Proposed Orders give everyone in the Basin plenty to think about,” said Jeff Mitchell who leads the Klamath Tribes’ Negotiating Team. “These rulings highlight the role that the Klamath Basin Restoration Agreement can play in resolving Basin water issues. The Tribes will be evaluating the rulings and discussing them with others in the Basin to determine the best path from here on.”
Some interests in the Basin advised people that the Tribes’ water rights are minimal, but those interests have been proven wrong. People who followed that advice have obviously been misled in a situation where they are risking a lot.
The rulings encompass the Williamson, Sycan, Sprague, and Wood Rivers along with many of their tributaries, as well as the Klamath Marsh and springs scattered throughout the former Klamath Reservation. Cases involving Upper Klamath Lake and the Klamath River are expected to have decisions handed down in April.
“These rulings emphasize the need for Basin water interests to work together to find ways to share the water, share the pain of drought, and share the bounty of our waterways,” said Tribal Vice-Chairman Don Gentry. “The Tribes are committed to restoring fisheries and water bodies in the Basin, and we believe that agricultural and other water dependent communities can be restored at the same time. That is what the KBRA can do,” he said.
The ruling is welcomed by the Tribes who have fought for their treaty rights for many decades, and are prepared to fight many more. The Tribes’ commitment to the Adjudication reflects their commitment to restoring the health of Basin fisheries and water bodies. “Our commitment to these bounties provided by the Creator will never end,” said Mitchell.
Turtle Talk 
Congratulations to the menbers and leaders of Klamath Tribes who have worked for decades to get their treaty related water rights recognized and quantified. However, the claim that the KBRA Water Deal can “restore fisheries” is questionable. The KBRA does not provide the river flows needed to recover Klamath River Salmon; all it provides is flows needed to prevent “jeopardy” under the ESA; that is a far cry from recovery.
The KBRA Water Deal also would prevent restoration of Lower Klamath Lake and would compromise attainment of water quality standards in Keno Reservoir which under the deal would be transferred from PacifiCorp to the US Bureau of Reclamation. This means poor water quality in general and poor water quality in Keno in particular and – if the KBRA is authorized and implemented – it will prevent recovery of Klamath Salmon and frustrate efforts to restore Salmon to the Upper Basin and the Klamath Tribes.
The best and quickest way to take down the Klamath dams so salmon can access the Upper Basin is to return to the FERC process. As with Condit Dam in Washington State, the Klamath dams will be ordered removed by FERC because if relicensed with current requirements the Klamath Hydroelectric Project would loose $20 million per year.
The best way to get to full recovery of Klamath Salmon is for the Klamath Tribes to reunite with old allies, work with those allies and use its water rights to restore Kuptu, Tsuam and Salmon (Ama)