Klamath Farmers ask judge to resume irrigation that was shut off in name of 
fish ... Aiken to announce decision next week 
 By Jeff Barnard,  ASSOCIATED PRESS

April 27,2001

EUGENE, Ore. - Klamath Basin farmers asked a federal judge 
Friday to order the government to restore their irrigation water, 
which has been shut off so that threatened and endangered fish can 
survive a drought. 
Lawyer Stuart L. Somach, representing the farmers, argued that 
the U.S. Bureau of Reclamation failed to follow the dictates of the 
National Environmental Policy Act in reaching its decision to shut 
off the water. 
In what he described as a desperate plea, Somach implored U.S. 
District Judge Ann Aiken to release at least some water if she did 
not decide to restore it all. 
"It's clear fish need water," Somach said. "There is no 
evidence the fish need all the water." 
Lyn Jacobs, a government lawyer, countered that the Endangered 
Species Act clearly requires that the threatened and endangered 
fish be given the highest priority for water. And lawyers for 
tribes, conservationists and commercial fishermen asked the judge 
to deny the farmers' request. 
Speaking on behalf of the commercial fishermen and 
conservationists, lawyer Jan Hasselman argued that third-generation 
commercial fishermen have lost their boats and gone into bankruptcy 
because of water allocations to farmers. Lawyers for the Klamath 
and Yurok tribes added that giving water to farmers to the 
detriment of fish would destroy the tribes' cultural ties to gifts 
from their creator. 
Aiken said she would issue her decision next week. 
The Klamath Water Users Association lawsuit challenges reports 
done by federal biologists on the water needs of endangered sucker 
fish in Upper Klamath Lake, the primary reservoir for the Klamath 
Project irrigation system, and threatened coho salmon in the 
Klamath River, which drains the Klamath Basin. 
Earlier Friday, about 60 farmers gathered outside the federal 
courthouse in Eugene before the hearing began, some of them 
carrying signs saying: "People over fish," "Will work for 
water," and "The lake is full, the fields are dust, stealing our 
water is unjust." 
The farmers also chanted "We want water, we want water," and 
planned to travel to Salem after the hearing to stage a protest at 
the Capitol. 
Their lawsuit followed a U.S. Bureau of Reclamation decision to 
shut off water to 90 percent of the 200,000 acres of farmland 
served by the Klamath Project. The farms produce primarily hay, 
potatoes and cattle. 
With mountain snowpacks at just a third of their average levels, 
the government is preparing for drought this summer. 
The Bureau of Reclamation decision marked the first time the 
interests of commercial salmon fishermen and the Klamath and Yurok 
tribes had won out over the farmers since the irrigation project 
first opened its headgates in 1907. 
The decision came after a federal judge in a separate case found 
that the bureau violated the Endangered Species Act last year by 
ignoring the needs of salmon in the Klamath River in order to 
supply irrigation water to the farmers. 
Meanwhile, the Langell Valley Irrigation District agreed Friday 
to comply with orders from the Bureau of Reclamation to stop 
drawing water from two reservoirs in a region about 30 miles east 
of Klamath Falls. 
The district started drawing water Wednesday from Gerber 
Reservoir, then opened gates at Clear Lake Dam on Thursday, despite 
warnings from the Bureau of Reclamation that doing so violated the 
court order prohibiting irrigation in the Klamath Project. 
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On the Net: 
Klamath Project: http://dataweb.usbr.gov/html/klamathh.html  
Klamath Water Users: 
http://www.snowcrest.net/siskfarm/KWUAwater.html  
AP-WS-04-27-01 1923EDT