All signatories agree to Klamath extension

All of the original signatories of the agreement to remove four dams from the Klamath River and do various ecological improvements in the basin have agreed to extend certain deadlines for environmental work.

From the Klamath Water Users Association:

The 24 Klamath Reclamation Project parties that originally signed the Klamath Basin Restoration Agreement (KBRA) have all agreed to extend the deadline for passing legislation needed to protect family farms and ranches. The majority of these entities are irrigation, drainage and other districts. This means that all 42 original Settlement parties, comprised of Klamath River tribes, irrigation districts, conservation groups, fishermen, and local and state governments have agreed to extend the KBRA.

As originally drafted, the KBRA would have terminated on December 31, 2012 unless Congress passed authorizing legislation. Because it was increasingly clear that Congress would not act before the KBRA’s self-imposed deadline, the Parties agreed to a KBRA amendment that would extend the deadline.

Klamath Water Users Association (KWUA) President Gary Wright believes that despite some local opposition, the people who work on water issues day-in and day-out understand what is at stake. “What this tells you is that the water professionals, managers and family farmers who are charged with making sure water is available for irrigation, continue to support this agreement as a viable means to that end”.

The extension of the KBRA also advances the protection from potential senior tribal water right calls that may affect Project irrigators after the state files its Order of Determination in the Klamath River Basin Adjudication sometime early next year. Under the KBRA, Project water users have agreed not to contest senior tribal water rights claims and in turn, and as part of the settlement package the Klamath Tribes will limit exercising those rights (whatever they turn out to be) against Project irrigators.

Malin farmer and KWUA Vice-President Rob Unruh said the adjudication is important to confirming Project water rights but also represents a significant concern for Project irrigators and districts. “Everyone has focused on the Endangered Species Act (ESA) as a big issue, and for good reason, but the elephant in the room is the Adjudication”. Extension of the agreement eliminates many uncertainties, implements procedures for future protection from calls and will likely save Project irrigators many hundreds of thousands of dollars in legal and expert fees. Unruh says that these benefits are advanced by extending the agreement and they become permanent if Congress passes enabling legislation. “It’s really is a no-brainer, there is plainly no downside to extending the deadline and the upside is tremendous for our communities”, he said.

In addition to extending the deadline for Congressional action, the amendments underscore that the KBRA does not create water rights and clarifies that Clear Lake, Gerber Reservoir and the Lost River above Harpold dam are not required to provide water for delivery as part of the refuge allocation.

Other amendments confirm issues related to funding and signatory tribe’s roles in restoration activities; clarify procedures for use of Habitat Conservation Plans to provide protection from ESA regulation; clarify eligibility for the KBRA power program (aimed at reducing unsustainable irrigation power costs in the Project); and add a new party; and makes other relatively minor non-substantive changes.

For a further update on Klamath project activities, see my story here.