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The public release of the proposed Klamath
Basin Restoration Agreement (Agreement) on January 15th
has provided many Oregonians who live and work in the Klamath River
Basin with their first opportunity to review the proposal in depth.
The Agreement is lengthy and complicated. It presents a daunting
task for many to understand what impact the Agreement may have to
their individual livelihoods, to the current and future economic
vitality of their communities, and to their ability to assert claims
or contests in the Klamath Basin Adjudication (Adjudication).
The purpose of this statement is to express reasons why the Oregon
Water Resources Department (Department) supports the Agreement and
to help clarify the relationship between the Agreement and the
Adjudication.
The Department supports the Agreement for the following reasons:
- The parties to this negotiation have worked very hard to
fashion this proposal and we respect the tremendous effort that
has been put forward by these parties.
- The Department recognizes Oregon Governor Kulongoski’s support
for a successful and comprehensive solution to the restoration
efforts in the Klamath River Basin to rebuild fisheries, sustain
agricultural communities, and resolve other longstanding disputes
related to the allocation of water resources. The Department
believes this Agreement represents a positive step toward meeting
these goals.
- The Department is prepared to sign this agreement. One of our
primary interests as a participant in the Agreement negotiations
has been to ensure that it is consistent with Oregon Water Law and
the prior appropriation doctrine of water allocation and
management. The Agreement contains a number of provisions, such
as Section 14.2 Consistency with Applicable
Law, that make clear that the any proposed water use
brought before the Department pursuant to the Agreement will be
subject to the Department’s authority to determine and administer
water rights according to and consistent with Oregon Water Law.
Relationship between the Agreement and the Klamath Basin
Adjudication
The Agreement contemplates that the Adjudicator will still submit a
Final Order of Determination in the Adjudication to the Klamath
Circuit Court and that this order will serve as the basis for water
management while the order is pending in the Court. The Agreement
does not either “create” new water rights separate from the
Adjudication process or limit the Department’s obligation or
authority concerning the Adjudication. Nor does the Agreement affect
the ability of non-Agreement parties to continue to assert their
claims or contests in the Adjudication.
Parties to the Agreement may file documents agreed to in the
Agreement in the Adjudication, either at the present hearing stage,
or before the Circuit Court, concerning certain of their claims or
contests. Non-Agreement parties may also file settlement documents
in the Adjudication. However, this Agreement or any such documents
filed with the Adjudicator are recommendations only and do not bind
the Adjudicator to render a particular decision in the Adjudication.
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