Our Klamath Basin Water Crisis
Upholding rural Americans' rights to grow food,
own property, and caretake our wildlife and natural resources.
Laws, Acts, Lawsuits,
Environmental Lawsuits Rake in Billions for Lawyers, Idaho Farm Bureau News, posted to KBC 10/30/09.
Water rights of non-Indian purchasers of Klamath Indian Reservation lands, To: Commissioner of Indian Affairs From Solicitor 3/14/58
HERE for Endangered Species Act Lawsuits
Oregonians for Food and Shelter legislative information
Top 10 Stupidest New Laws in California for 2017, by
Former California State Assemblyman: Backpacks
***Circuit Court of Oregon to Klamath Irrigation District, KID vs OWRD (Oregon Water Resources Department) 12/17/20. "...the Oregon Water Rights Act and this court's order...require the Respondents, and in particular the Watermaster, Danette Watson, to prohibit the distribution of Stored Water unless it is for a legally permissible use by parties with an established right or license to use the Stored Water...Petitioner, having an established interest in the Stored Water in the UKL, certainly has standing to demand that the Watermaster stop the distribution to any person who does not have a right, recognized by OWRD, to take and use the Stored Water."
Instead of complying with the court order, however, OWRD announced they plan to fight the ruling. OWRD is seeking a legal stay to allow them to continue to illegally divert water while their appeal is pending. And now California special interest groups are joining OWRD in the lawsuit."
“Just because the Bureau has an obligation to provide water for the Yurok Tribe doesn’t give them the right to go steal someone else’s...”
No party has provided this court with law or fact which allows the bureau the right to use stored water in the (Upper Klamath Lake) without a permit or license,” Bennett wrote in his opinion. “OWRD’s failure is a deprivation of a precious resource belonging to the people of Oregon. OWRD failure is also an infringement of property rights of established users, permittees and licensees.”
Navarro found “deliberate attempts” by the FBI and prosecutors “to mislead and distort the truth.” She blamed FBI agents for “reckless disregard” of requirements to turn over evidence relating to government snipers and cameras that monitored the Bundy homestead...government agents “threatened the Bundys’ lives, killed their cattle, assaulted family members and perpetrated tyrannical executive power over them.”
***KID / Klamath Irrigation District vs OWRD/Oregon Water Resources Department 7/30/20: "...respondents are ordered to stop releasing Stored Water from the UKL (Upper Klamath Lake) without determining that the release is for a permitted purpose by users with an established right, license, or permit to use the Stored Water in the UKL"
'Takings' case closed, H&N 6/23/2020. "After nearly two decades, the takings case stemming from the water shutoff to the Klamath Reclamation Project in 2001 is closed. The U.S. Supreme Court made the announcement on Monday that it has denied a petition to review a lower federal court’s decision that ruled that Project irrigators of about 175,000 acres on the Oregon and California border are not entitled to compensation for the re-allocation of water under the Endangered Species Act in 2001..."
SCOTUS Blog Coverage: Baley v. United States 6/22/2020.
The Wedge pack has attacked at least four calves in Stevens County between May 11 and June 17, but the department has not opted for lethal removal. The calves belonged to two different producers."
Walden, LaMalfa, Bentz: Supreme Court must prevent uncompensated theft of Western water, Pens Op-ed in Washington Examiner, 6/18/2020. "
Klamath water users oppose Yurok Tribe request for flow increases 5/19/2020. "Klamath Water Users Association (KWUA) filed its opposition with a federal court to a motion filed the Yurok Tribe and Pacific Coast Federation of Fishermen’s Association that was filed May 13. The tribe’s motion requests that the court re-open a lawsuit that was put on hold for two years in March, and that the court immediately require increased flows below Iron Gate Dam in the Klamath River.."
Pacific Coast Federation of Fishermen's Associations and the Institute for Fisheries Resources in pursuit of a temporary restraining order to reinstate water flows on the Klamath River."Del Norte Triplicate 5/18/2020. "The Yurok Tribe joined the
Klamath Irrigation District vs Oregon Water Resources Department, filed May 14, 2020.
The (court) order said it prohibits U.S. Bureau of Reclamation from diverting stored water in Upper Klamath Lake through Link River for purposes of a 50,000 acre-feet flushing flow without a water right." KBC NOTE: Rumor has it that the Bureau is defying the court order and continues to divert our stored water into the ocean.
American Farm Bureau urges Supreme Court to hear Klamath water case, CFBF AgAlert 4/22/2020. "Under the rule announced by the (appeals court), farmers and ranchers in the arid West operate under the constant threat that federal bureaucrats will unilaterally override their water rights in service of federal interests once more, just as they did in 2001," the brief said, adding that "the stakes for farmers and ranchers thus could not be higher."
ALTERNATIVE WRIT OF MANDAMUS, KID v OWRD 4/21/2020
Diverse Crowd of Parties Supports Request for Supreme Court Review in Klamath Water Takings Case, KWUA News Release, 4/19/2020.
Baley v. United States: Water Users in the Klamath Project Petition the U.S. Supreme Court for Certiorari, 4/17/2020, Somach Law firm.
4/4/2020 - KBC NOTE: PCFFA (Pacific Coast Federation of Fishermen), IFR and Yurok Tribe sued to take another 50,000 acre feet of Klamath Project stored water to dump into Klamath River. Klamath Water Users settled for giving up 23,000 acre feet of their deeded water. Yuroks celebrate their victory: Yurok Tribe and commercial fishing families secure more water for salmon, The Yurok Tribe, the Pacific Coast Federation of Fishermen’s Associations (PCFFA), and the Institute for Fisheries Resources (IFR, represented by the nonprofit environmental law firm Earthjustice, have successfully obtained a new three-year plan from the Bureau of Reclamation (Reclamation) for operating the Klamath Irrigation Project to increase springtime flows in the Klamath River.
Agreement Buys Time on New Klamath Project Ops Plan, KWUA 3/30/2020.
In 2018, OWRD established a rule that wells within one mile of a waterway in the Upper Klamath Basin will substantially interfere with surface waters and thus can be regulated off at the tribes’ request...The judge has now agreed with the plaintiffs’ argument that Oregon’s water law doesn’t allow for such a restriction without OWRD going through the formal process... the agency would have to show that wells are substantially interfering with surface waters and determine how much water irrigators can sustainably withdraw from the aquifer each year...Without that opportunity, the agency unconstitutionally deprived them of property rights without due process, the judge said."
Agricultural producers in the Klamath Project have taken the water “takings” case to the highest court in the land..."
LaMalfa Praises Senate for USMCA Passage, LaMalfa
News Release 1/16/20
New Laws 2020 Edition - California Capitol Update Friday, January 10, 2020, CFRW. "SB 104- California is now the first state in the nation to offer free healthcare to illegal immigrants who are between the ages of 19-25. We already provided this to illegal immigrant children, this is an expansion of that program....Governor Newsom unveiled his 2020 budget this week and it clocked in at $222 billion, the largest spending plan in our state's history...In just a decade, our state budget has grown by almost $90 billion... "Despite the $64 billion in additional Medi-Cal spending, researchers at the National Bureau of Economic Research did not detect significant improvements in patient health", according to Assemblyman Kiley. Furthermore, "after a $39 billion increase in education spending, the National Assessment of Educational Progress finds that Californian's 8th grade math and reading scores continue to decline". And finally, Assemblyman Kiley stated that "despite $7 billion in additional spending on social and welfare programs, the Census Bureau reports California continues to have the highest level of poverty in the nation."
OPB 12/26/19. "In November, a jury in Linn County ruled that the state breached its contract with 13 rural counties by failing to generate enough revenue through logging on state-owned forests. Jurors awarded more than $1 billion in damages..."
Oregon Disarmament Bill: SB 978 by Dennis Linthicum, Oregon State Senator District 28, 4/25/19.
CFBF Legislative Review 4/19/19...ag employee housing, pot, marketing, hemp, pesticides, ESA-protected Tricolored Blackbirds.
Klamath Water Users Association, which had announced its intent to file suit last week, did so against Bureau of Reclamation on Thursday due to limitations to water supply for the Klamath Project outlined in the 2019 biological opinions."
ITTSD Motion for leave to File Amicus Brief, filed
by Lawrence A. Kogan 3/19/19, regarding Klamath Dam
PLEASE ATTEND, or COMMENT before March 12!!! Hearing Scheduled on Bill That Would Ban Forest Practices on Over a Million Acres in Oregon, OFS 3/8/19: "On Tuesday, March 12 at 1:00 PM, the House Committee on Energy & Environment will hold a public hearing on HB 2656. HB 2656 is probably the most threatening bill to Oregon’s managed forests by banning harvest, road building, and the use of pesticides and fertilizers in forestland that supplies drinking water for public sources. Thus, locking up over a million of acres..."
California Farm Bureau Federation Legislative Review 3/8/19: emission reporting mandates, climate change, forests, construction mandates in high fire zones, wildlife.
California judge upholds wolf protection, H&N 3/1/19.
CFBF Legislative Review 3/1/19: Air quality, pot, climate change, zero greenhouse gas emissions, environmental regs, hemp, food, rural health and safety, drinking water fund, groundwater recharge, wildlife trapping, wildlife, ESA accidental take.
California Farm Bureau Federation Legislative Review 2/15/19. Governor Newsom's intentions, budget and appointments, truck emission mandates, rural crime, utilities, $51.3million for safe drinking water, wildfire bills.
Oregon rivers, lands would gain protection under bill
passed by U.S. Senate, H&N 2/13/19.
"...according to Sen. Ron Wyden, D-Oregon, the
measure would provide protection for about 250 miles of
rivers and streams in Oregon. That would give the state
more wild and scenic designations than any other state
It would limit ammunition purchases to 20 rounds in a 30-day period and prohibit firearm magazines that can hold more than five rounds.....
Cal Farm Bureau Federation Legislative Review, 2/8/19. More taxes, more 'restoration' 'conservation' and 'management' of rural farmland, water, forestry...
CFBF Friday Legislative Review 2/1/19 eliminate the cannabis cultivation tax and reduce the excise tax rate on commercial cannabis, proposed indoor heat illness prevention standard, land use.
Local rules governing control of well use in the
Upper Klamath Basin: OWRD / Oregon Water
Resource Dept. Notice of Proposed Rulemaking,
California Farm Bureau Federation Friday Legislative Review 1/27/19: CLIMATE CHANGE - California Air Resources Board adopted plan for San Joaquin Valley farmers: retiring tractors, reduce emissions by conservation, replace ag pumps with electrical pumps, create inspection and maintenance program.
AB 178 - To exempt California disaster victims from $15,000+ new residential home solar mandate, California Assemblyman Brian Dahle 1/11/19
California Farm Bureau Federation Legislative Review 1/11/19. Governor Newsoms' appointments, State Budget Proposal of $209 billion, Cap and Trade, Departments: Food and Ag, F&W, Cal Fire, State Water Resources Control Board, Transportation, ...Ag Ed, Cannabis, Commodities, Hemp, Land Use, Pest Management, Water
Oregonians for Food and Shelter Legislative Review 1/11/19. Bans neonicotinoids, aerial pesticide prohibition, forest practice bans, dairy size prohibitions and regulations, Articles: Carbon Cap, Wolf talks, Klamath Refuge Management Attacks, Walden townhalls.
CFBF / California Farm Bureau Federation Friday Legislative Review 12/14/18. "The Commission formally accepted a petition to list Northern California summer steelhead under CESA and formally received the Department of Fish and Wildlife’s (DFW) petition evaluation of a petition to list the 2 Klamath-Trinity river spring Chinook salmon under CESA. DFW determined that the request for listing may be warranted in its evaluation of the spring Chinook petition. This determination means there is little doubt that the Commission will vote to make that run of Chinook salmon a candidate in the near future."
sea lions...dramatically increased from about 30,000 in the 1960s to about 300,000 following enactment of the 1972 Marine Mammal Protection Act."
CFBF Friday Legislative Review 11/16/18. Climate, air quality, ag education, pesticides, Prop 65...
Bureau Federation Friday Legislative Review 11/9/18:
"...regulatory requirement if the goal of retiring 12,000 tier
0, tier 1, and tier 2 tractors by 2024 is not met,'' hemp,
fertilizers, purchase of ag conservation easements, habitat
restoration, climate change briefings, pesticides, proposed
regulations regarding Prop 65, ...
California Farm Bureau Federation Friday Legislative Review 10/5/18. Hemp, labor, land use, pests, seed, transportation
California Farm Bureau Federation Friday Legislative Review, posted to KBC 9/28/18. Pot, commodities, federal milk marketing order, air pollution monitoring, food safety rules and packaging mandates, land use bill, increased penalties regarding livestock, specialty crop grants, pest control, $3 million for monarch butterfly habitat.
OFS Oregonians For Food and Shelter legislative update e-newsletter 8/17/18. Suspected carcinogen lawsuits, WOTUS is back, Ryan Zinke: 'Environmental Terrorist Groups' Play Role in Western U.S. Wildfires, forest management, politics.
"...judge...ruled in favor of the Klamath Irrigation District...by urging the Oregon Water Resources Department to make a determination on the distribution of water in Upper Klamath Lake..."
On May 29, the Tribes requested an injunction that could lead to a shutoff of irrigation water...Multiple other parties have filed their intents to intervene in the case, including the Hoopa Valley Tribe, Yurok Tribe, IFFR/Institute for Fisheries Resources, Klamath Riverkeeper and PCFFA/Pacific Coast Federation of Fishermen’s Associations. The case is assigned to Ninth U.S. District Court Judge William Orrick, in San Francisco..." KBC NOTE, FYI: Klamath Riverkeeper
California Farm Bureau Federation Friday Legislative Review 6/22/18. Truck rules, CEQA, Commercial Feed, CPUC, Cal Fire and timber harvest, labor, land use, rural crime, taxation...
Environmental, fishing groups sue Oregon over coho salmon, Statesman Journal 6/13/18. "...Poor logging practices by the Oregon Department of Forestry is causing real harm to the Oregon coast coho and commercial fishing families who depend on these magnificent fish for their livelihoods," Glen Spain (PCFFA/IFR attorney) said, the northwest regional director for the Pacific Coast Federation of Fishermen's Associations and the Institute of Fisheries Resources, both plaintiffs in the case..."
"Rather than seek out yet another unrelated non-profit to funnel the money through, PCFFA created a new organization..." IFR / Institute for Fisheries Resources. KBC NOTE: That link directs you to PCFFA/IFR page detailing their many Earthjustice (partially funded by George Soros) lawsuits against Klamath Irrigators in the takings case, power rate case, shutting down suction dredge mining, Klamath River water quality TMDL's, essentially against timber harvest, farming, mining and river dams.
potential litigation for defamation by Kogan Law Group
against Herald & News, Ed Bair, Ross Fleming, Jason
record number of juvenile Lost River and shortnose
suckers were recovered from the headwaters of the A
Canal earlier this year. According to a news release,
biologists with the Bureau of Reclamation (BOR) found
the largest number of juvenile Lost River and shortnose
suckers since fish salvage operations began in the
Klamath Project in the late 1990s..."
WELCOME TO CALIFORNIA! California Farm Bureau Federation Friday Legislative Review, 5/11/18. "...given an additional $2.5 billion funds, the Governor included three main proposals..." "...proposes $28.3 million in 18-19, $21.7 million in 19-20, and 79 positions to fully staff the CalCannabis program at CDFA...." "...Manure management..." "...a new tax on all services purchased by businesses in California..."
PRESS RELEASE posted 5/5/18: Siskiyou County Water Users Association represented by attorney James Buchal announced today that they have filed a "Motion to Dismiss" with (FERC) in the matter of the application of PacifiCorp and the Klamath River Renewal Corporation / KRRC, which was served on the parties involved on April 24, 2018
California Farm Bureau Federation Friday Legislative Review 5/5/18. Pests, land use, marketing, nutrition, pot
Plaintiffs in the case, the Hoopa Valley Tribe and the Yurok Tribe, contend that their cultural heritage and economic wellbeing revolve around the salmon's health, as well as * Pacific Coast Federation of Fishermen's Associations (PCFFA), *Institute for Fisheries Resources (IFR), and *Klamath Riverkeeper."
KBC Editor - Who litigated against the irrigators,
and their prerogatives?:
PCFFA attorney Glen Spain writes how
they created IFR
to get non-profit funding by, namely, George Soros-funded
Earthjustice. HERE IS
page. Browse the lawsuits against Klamath River miners,
lawsuits against Klamath Irrigators in the Takings Case
of 2001, lawsuits against Klamath Irrigators' power rate
deal with Pacific Power (when Klamath Project was built
and paid for by Klamath farmers, Pacific Power wanted
the free regulated river water for inexpensive power in
exchange for at-cost power rate for irrigators).
ORDER DENYING MOTION FOR RELIEF FROM THE JUDGMENT AND
CLARIFYING INJUNCTION ORDERS April 30, 2018.
California Farm Bureau Federation Friday Legislative Review 4/27/18. Animal welfare, pot, commodities, energy, forestry, labor, land use, nutrition, crime.
The local irrigation districts claim that the prevalence of infection of fish are “misleading” and have asked that the court stay the injunction. The delay is holding up much needed spring water for irrigators in the Basin, as water supply canals low and inactive..."
California Farm Bureau Federation Friday Legislative Review 4/20/18. Antibiotics, budget, commodities, energy, labor, land use, nutrition, pot, water, wildlife
California Farm Bureau Federation Friday Legislative Review 4/13/18. Ag, energy and utilities, depredation, forestry, taxation, nutrition, pot, land use, water
'A lot on the line' in water hearing. Irrigators wait on Klamath River court decision, H&N 4/12/18 KBC NOTE/short update: Presently the Bureau of Reclamation will not allow Klamath irrigators to even put water in the ditches to prepare for spring irrigation until they get direction from District Judge William Orrick. We can not plan to borrow money to plant fields, or not to plant. Will we keep or lose contracts from buyers who purchase grain, onions, potatoes, mint... , keep or lose fields, keep or lose those renting our fields. One judge can determine the fate of our entire farm community, when or if he will allow us to irrigate, thus farm, this year. Will our perennial crops that took years and tens of thousands of $ to establish, live or die? Our stored irrigation water is being sent down the Klamath River, with not a drop on our farms.
Klamath water users to attend pivotal court hearing, Capital Press 4/6/18. "The Yurok Tribe, Pacific Coast Federation of Fishermen’s Associations, Institute for Fisheries Resources, Klamath Riverkeeper and the Hoopa Valley Tribe sought the injunction to protect juvenile coho after several years of deadly C. shasta outbreak.
Farm Bureau Federation Friday Legislative Review
3/23/18: land use oversite, nutrition, funding
replacement of diesel trucks and equipment, ag equipment
emissions, anitbiotics, heat illness prevention,
BOR PRESS RELEASE: Reclamation Responds to Klamath Water Users’ Motion in District Court, Outlines Proposed 2018 Operations, 3/24/18. "Reclamation’s proposal includes implementing a full surface flushing flow, augmented with non-Project water; forgoing an emergency dilution flow; and providing Klamath Project irrigators with a supply of 252,000 acre-feet – 65 percent of a full project supply – with deliveries commencing on April 19 with charging of main canal networks."
by the Bureau not distributing water in accordance with water law as it exists, they're causing irreparable harm to every irrigator in the state,' Reitmann said."
Agency may be awash in red ink from water litigation; The Oregon Water Resources Department is on track to overspend its litigation budget by $1.3 million in the 2017-2019 biennium, Portland Tribune 3/19/18. "Litigation over water has increased mostly due to more regulatory calls cutting off water to junior irrigators in the Klamath Basin...The agency has a legislatively adopted budget of $98.6 million for 2017-2019."
California Farm Bureau Federation Legislative Review 2/23/18: Cap and Trade, Farm Ag Emissions, milk and livestock waste, forests, sick leave, "program to provide documentation to undocumented workers," harassment and discrimination, housing, invasive species, wild pigs, Monarch butterfly habitat, school food, additional trucker requirements, mandates for old farm trucks.
House committee approves Klamath Project water bill,
H&N 2/20/18. "...HB
4016 would allow irrigators in the Klamath Project to
temporarily transfer water claims between properties
within the same irrigation district..."
California Farm Bureau Federation Friday Legislative Review, 2/16/18. New Bill Introductions, Cannabis, Climate, Commodities, Natural Resources, Nutrition, Water, and New Appointments
2/16/18 - Oregon Rep. E. Werner Reschke’s water
bill HB 4016. He serves as Vice-Chair of House Energy and Environment
committee and has been working hard to get this bill passed to support
water rights in the Klamath project. The bill (relating to determined
claims) was passed unanimously in bi-partisan Committee on Wednesday and
referred to Rules where it is expected to pass the Senate as well.
Tribes seek higher water levels for Upper Klamath; lawsuit notice filed,
possibility of extinction-level event cited, H&N 2/14/18.
Linthicum drafts bill to defund dam removal, H&N 2/14/18. "...the cost for dam removal could amount to $950 million, with no specific plan yet in place to fully fund the project. He also said sediment could total 20 million cubic yards and releasing it downstream would impact long-term fish habitats..."
California Farm Bureau
Federation Friday Review / Governmental and Legislative Update
1/26/18. Taxes Taxes Taxes
Klamath Infrastructure Improvement Act (H.R.4329) 11/10/17
House Passes Important Legislation to Promote Hydropower, Energy & Commerce 11/8/17. H.R.3043. "This Act may be cited as the “Hydropower Policy Modernization Act of 2017:"