New "A" Canal Gates Open – Water and Blame Flow Freely
Local water users on Tuesday joined U.S. Bureau of Reclamation
(Reclamation) representatives and Slayden Construction Company workers to
witness the initial release of Klamath Project water from a newly
constructed, multi-million dollar state-of-the-art screened diversion into
the "A" Canal (see inset). The low-key event marked the first step in
delivering water to Klamath Basin irrigators for the 2003 growing season.
While water delivery to the Klamath Project began as it has in 96 of the
past 97 years, anti-farming advocates used the occasion as an opportunity to
attack the federal government and resurrect arguments made last fall after
the fish die-off on the lower Klamath River.
"The Bush Administration has had two years to solve the mess in the Klamath
Basin, but instead of balanced solutions they have focused on preserving the
status quo. Last year the status quo killed 33,000 salmon," said Glen Spain
of Pacific Coast Federation of Fishermen's Associations. A letter sent last
week by environmentalist critics of Klamath Project agriculture warns that
the Administration could be setting the stage for another crisis in the
Klamath Basin if it "overpromises" irrigation deliveries for the year.
Local farmers see statements of this type reflecting a different way of
doing business.
"Here we are, standing on top of a new structure intended to protect
endangered fish, delivering water to a community that has voluntarily agreed
to forego the use of over 60,000 acre-feet of water to meet Endangered
Species Act conditions," said Merrill farmer Steve Kandra at Tuesday’s
event. "All the so-called environmentalists appear to be doing are pointing
fingers, filing lawsuits, and cranking out negative press releases."
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The "A" Canal Fish Screen: How it Works
The new V-shaped fish screen on the "A" Canal is designed to prevent
entrainment of endangered fish, such as the Lost River and Shortnose
Sucker fish, while allowing water to enter the "A" Canal and meet the
irrigation needs of the Klamath Project.
Trashracks at the west end of the "A" Canal will block large fish and
debris from entering the canal. To deal with the buildup of debris, the
trashracks are equipped with a gripper rake, a mechanized claw-like
device that moves along the trashracks, dislodging any accumulated
debris. The gripper rake carries the debris to a dumpster on the north
side of the trashracks, which maintenance staff will empty regularly.
The fish screen structure is located just downstream of the
trashracks. The bottom portion of the V-shaped fish screen walls
consists of stainless steel mesh with 2.3 millimeter openings. To avoid
the build-up of algae on these screens, automated brushes that sweep the
length of the screen face will periodically clean them. Immediately
behind each screen panel, vertical, shutter-like baffle gates regulate
the flow of water, evenly distributing water velocities through the
entire length of the screen. The rate of flow depends on the headgates
downstream; they can be opened to allow a maximum flow of 1,100 cubic
feet per second.
At the end of the V-shaped fish screen is a ramped flume that guides
fish into the bypass pipe. This pipe curves around to the pump station.
Inside, the pump splits, allowing the fish to be directed to the primary
or secondary bypass systems.
The primary bypass returns fish to Upper Klamath Lake. A specially
designed centrifugal pump lifts the fish safely to ground level, then
the bypass pipe carries the fish to the evaluation station. The
secondary bypass system allows operators to divert fish to the Link
River, below Link River Dam.
Source: U.S. Bureau of Reclamation |
Oregon Weighs in on PCFFA v. USBR
The State of Oregon has filed a motion for leave to
appear as amicus curiae – "friend of the court" – in litigation
scheduled for hearing later this month in Oakland. Oregon’s action in
this matter was announced only weeks after three counties in Oregon and
California joined local water users and submitted amicus briefs of their
own. The litigation is entitled Pacific Coast Federation of Fishermen’s
Association (PCFFA), et al. v. U.S. Bureau of Reclamation, et al, and
the Klamath Water Users Association, Tulelake Irrigation District and two
local growers have intervened on behalf of the federal defendants in this
case, which is scheduled for hearing on April 29, 2003.
The state amicus filing focuses on: (1) providing the court with
information on the history and current status of the ongoing Klamath Basin
water rights adjudication process, including the substantial progress made
to date in resolving contests to claims; (2) preserving the state's
authority to quantify water rights and confirm priority dates in the Klamath
Adjudication by requesting that any determination in the PCFFA case not
attempt or purport to adjudicate or establish water rights that are being
adjudicated by the state; and (3) encouraging that any remedy fashioned by
the court must take into account the multiple interests in - and influences
on - the waters of the Klamath Basin, and not impose a burden solely on the
interests that rely on the waters of Upper Klamath Lake.
"This reflects our longstanding position that the problems in the Klamath
are basin-wide, so the solutions must be basin-wide as well, including the
Lower Basin tributaries such as the Trinity River," said Paul Cleary,
Director of the Oregon Water Resources Department.
Environmentalists Warn Reclamation: "If Crisis Ensues – It’s Your Fault"
Environmental plaintiffs who have targeted Klamath Project
irrigators in PCFFA v. USBR (see previous article) have notified the
federal government that if the Court agrees with plaintiffs and orders that
irrigation deliveries be curtailed, that the U.S. Bureau of Reclamation
(Reclamation) – and not the plaintiffs –will have created a crisis.
In a March 28th letter sent to the U.S. Justice Department,
EarthJustice attorney Kristen Boyles outlined her concerns that, should the
Court decide in favor of her clients, the 2003 irrigation season will have
already been at least one month old. EarthJustice warned that an injunction
could affect the size or timing of irrigation deliveries that have already
begun, and asked the federal government to caution Reclamation about the
risks of "over-promising" 2003 irrigation deliveries before the Court rules.
"If Reclamation begins irrigation deliveries and a court order subsequently
enjoins a portion of those deliveries because they are illegal, Reclamation,
not plaintiffs, will have created a crisis," warned Boyles.
"Who’s kidding who?", countered Malin farmer Dave Cacka. "The plaintiffs in
this lawsuit know very well who’s leading the attack on this issue – they
are. If things go bad , and our community suffers, we’ll know who caused the
problem."
EarthJustice also asked Reclamation to limit deliveries to amounts that
allow instream flows at Iron Gate Dam to meet 100% of the recommended
long-term flows found in the 2002 draft biological opinion. The
letter was sent four days before Reclamation opened up the "A" Canal
headgates.
U.S. Closes Whistleblower File
The U.S. Office of Special
Counsel (OSC) has determined that allegations made by a National Marine
Fisheries Service (NMFS) whistleblower do not warrant further investigation
and that the file for this case will be closed. NMFS biologist Michael Kelly
alleged a violation of law, rule, or regulation and gross mismanagement by
agency employees during the 2002 formal consultation on Klamath Project
operations with the U.S. Bureau of Reclamation. Kelly filed for
protection under the federal Whistleblower Statute last year, in a move that
was highly publicized by environmental advocates immediately after the lower
Klamath River fish die-off.
In a March 5, 2003 letter to Kelly, OSC declined to take further action on
Kelly’s claims, including:
- Kelly’s allegation that a there was a substantial likelihood that
NMFS’s decision to adopt its Klamath River flow regime represented a
violation of law, rule or regulation.
- His claim that the fish die-off that occurred last September provides
the proof that NMFS engaged in "gross mismanagement".
- Kelly’s charge that NMFS engaged in a "gross waste of funds".
"After careful review of your comments and the materials previously
submitted, and consideration of the issues discussed in our recent telephone
conversations, we have determined that our original decision to close the
case was warranted," OSC stated in its letter to Kelly.
Environmentalist plaintiffs in PCFFA v. USBR have relied upon Kelly
in their arguments, claiming that U.S. defendants do not address his
allegations.
Federal Judge Orders Status Conference in "Takings"
Case
U.S. Court of Federal Claims Judge Diane Sypolt has scheduled a
status conference to be held in Washington, D.C. on April 29 to hear oral
arguments on the U.S. government’s motion to stay Klamath Irrigation
District, et al. v. The United States. This litigation – commonly
referred to as the Klamath "takings" case – was filed by a group of Klamath
Basin businesses, special districts and landowners in 2001 after federal
decisions on Klamath Project operations that year curtailed Upper Klamath
Lake water available for irrigation.
In 2002, the U.S. Justice Department moved to stay this proceeding, based on
its contention that water users’ water rights, which are the basis for their
claims, first must be determined in the Klamath Basin adjudication process.
That motion has lain dormant in the Federal Claims Court for the last year.
In addition, plaintiffs have been granted leave to amend their complaint to
add breach of contract claims on behalf of 13 irrigation districts, to
reflect the government’s position stated in Rio Grande Silvery Minnow v.
Keys. Judge Sypolt on March 26th scheduled a status
conference to discuss these and other matters.
Plaintiffs – on behalf of all landowners entitled to irrigation water in the
Klamath Basin – seek compensation for the alleged takings in the amount of
approximately $1 billion. Plaintiffs also claim damages of approximately $1
billion for violation by the government of the 1957 Klamath Basin Compact
(Compact) entered between California and Oregon and ratified by the United
States. Local water users contend that, under the Compact, the United States
agreed not to impair water rights in the Basin, without payment of just
compensation.
Shasta-Scott Recovery Planning for Coho Salmon Begins in
California
The California Department of Fish and Game (CDFG) has recently
assembled the Shasta-Scott Recovery Team (SSRT) as part of its effort to
develop a recovery strategy for coho salmon in California. The 13-member
SSRT will contribute to the range-wide recovery strategy for coho salmon by
developing a pilot program of recovery actions related to agriculture and
agricultural water use in the Shasta and Scott River valleys in Siskiyou
County. The pilot program will become part of the recovery strategy for coho
salmon to be presented to the California Fish and Game Commission
(Commission) by August of this year.
On August 30, 2002, the Commission found that coho salmon warranted listing
as an endangered species from San Francisco north to Punta Gorda and as a
threatened species from Punta Gorda to the California-Oregon border, under
the California Endangered Species Act (CESA). Rather than proceeding
immediately with regulatory action, the Commission directed CDFG to prepare
a recovery strategy for coho salmon within 12 months.
The SSRT is assisting the CDFG in developing recommendations that will help
recover coho salmon populations in the Scott and Shasta valleys, critical
tributary areas to the Klamath River. The team is composed of people
representing those who will be affected by the listing of the coho salmon.
Members include landowners, local governments, state and federal agencies,
environmental groups, and recreational anglers. The first of two public
meetings to provide opportunities for public comment and discussion will be
held on April 16th from 6:00 to 9:00 PM at the Miner’s Inn,
located at 112 East Miner Street in Yreka, California.
CALENDAR OF EVENTS
Sunday, April 6, 2003 – Spring Neighbor Tour of "A"
Canal Fish Screen. 2:00 p.m. Main entrance to site – Nevada Avenue.
Klamath Falls, Oregon.
Sunday, April 6, 2003 – Klamath Fishery Management Council Meeting. 3:00
p.m., Red Lion Hotel, 100 Columbia Street, Vancouver, Washington. The
Council will develop final recommendations on the harvest of Klamath River
fall Chinook salmon in 2003.
Wednesday, April 9, 2003 – KWUA Executive Committee Meeting. 6:00 p.m.
KWUA Office. 2455 Patterson Street, Suite 3. Klamath Falls, OR.
Klamath Hydro Relicensing Meetings
Monday, April 7. 12:00 – 6:00 p.m. Water Quality Work
Group
Tuesday, April 8. 8:30 a.m. – 4:00 p.m. Recreation Work Group and
Aquatics Work Group
Wednesday, April 9. 8:30 a.m.-12:00 p.m. Cultural Resources Work
Group and Fish Passage Technical Modelers Workshop- KlamRAS. 1:00 p.m. –
5:00 p.m. Fish Passage Work Group.
Thursday, April 10. 8:30 a.m. – 12:00 p.m. Socioeconomics Work
Group. 1:00 – 5:00 p.m. Plenary
Friday, April 11. 8:30 a.m. – 3:00 p.m. Lamprey Workshop
All meetings will be held at the Windmill Inn in Ashland, OR
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