Talks behind closed doors

Klamath irrigators look to mediate, lobby, sell

Late afternoon light reflects off marsh on the west side of Upper Klamath Lake at full pool. April showers helped spill an estimated 150,000 acre feet of added storage across wetlands as attorneys talked this week about sharing between endangered fish and farmers denied any irrigation water. - Photo by Tam Moore

By TAM MOORE

Folks from out of town continued making decisions for waterless Klamath Basin farmers this week.

There was action on three fronts.

  • A mediator began sessions April 23 at U.S. District Court in Eugene on the irrigators' request to release some water the federal government April 6 reserved for protection of fish listed under the Endangered Species Act. Should the closed-door sessions reach a deal, it must come before Judge Ann Aiken at an April 27 hearing on an injunction modifying the U.S. Bureau of Reclamation order.
  • Lobbyists for Klamath Water Users Association and top Bush administration officials huddled in Washington, D.C., poring over multimillion-dollar requests for Klamath Project farm aid filed last week by Oregon Gov. John Kitzhaber. Rep. Greg Walden, R-Ore., said in a television interview it will take "over $100 million" to fill all requests.
  • A real estate agent said options have been signed on about 20,000 acres of project land in a complex deal aimed at halting farming within two national wildlife refuges. Neither the refuges nor the farms get water under the current BuRec order, and the American Land Conservancy pact needs outside help to happen. It would take special legislation repealing the 1964 Kuchel Act that called for refuge farming, and additional multimillion-dollar federal appropriations to turn the options into reality.

About 1,200 farmers on 180,000 acres within the 94-year-old reclamation project are denied water. Around 195 farming operations on the far east side of the project will share a 70,000 acre feet allocation stored in two smaller reservoirs. Upper Klamath Lake, brimful and overflowing into marshes this week, will be used to keep minimum lake levels for sucker fish or see water sent downstream to help endangered coho salmon in the main stem Klamath.

"We are standing at the mercy of a federal judge who will decide everything," said Don Russell, president of the users association.

Russell worries that as spring temperatures increase, basin residents denied water will find their tempers heating up. The association brought the suit, now before the Eugene court. The Klamath Tribes, which have senior water rights by an 1864 treaty and prize the two sucker fish that figure in conserving Upper Klamath Lake water, are among parties supporting the BuRec no-irrigation plan.

Whether or not anything will be resolved this season is uncertain. Planting time is past for most annual crops except short-season potato varieties.

Russell said the association believes it must pursue litigation to give members some assurance there'll be irrigation water in future years.

While the attention focuses on the Eugene hearing, a federal judge in San Francisco said April 19 BuRec didn't comply with the Endangered Species Act and her early April ruling on Klamath River coho protection.

Paul Cleary, Oregon's director of water resources and a key player in getting the mediation started, described the Klamath Project as "bookended" by endangered species. Two in the upper reaches, another more than 100 miles downstream in California.

Frontiers for Freedom, a wise-use think tank that merged last year with People for the USA, said this week it is joining in calling national attention to the Klamath crisis. The vehicle will be a May 7 "bucket brigade" and rally in Klamath Falls. Local organizers said the event will start at noon in Veterans Park at the south end of town and include a march up the city's Main Street to the rally at Modoc Field, the Klamath Union High School football stadium.

from the Capital Press - http://www.capitalpress.com/easterntext.html

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