Advocating for

Farmers & Ranchers

Complaint for Declaratory and Injunctive  Relief and Preliminary Injunction  


SHASTA VIEW IRRIGATION DISTRICT, KLAMATH DRAINAGE DISTRICT, VAN BRIMMER DITCH COMPANY, TULELAKE IRRIGATION DISTRICT, KLAMATH WATER USERS ASSOCIATION, BEN DUVAL, and ROB UNRUH,
Plaintiffs,
v.
UNITED STATES BUREAU OF RECLAMATION; ERNEST CONANT, in his official capacity as the Regional Director of the Mid-Pacific Region of the United States Bureau of Reclamation; JEFFREY NETTLETON, in his official capacity as the Area Manager of the Klamath Basin Area Office of the United States Bureau of Reclamation,
Defendants.

                           
FOR IMMEDIATE RELEASE

April 4, 2019

Contact Information:

Paul Simmons

(541)883-6100
                                    Lawsuits Will Challenge New Water Plan

            Irrigation water users in the Klamath Project will challenge the new federal rules restricting irrigation water supply for the Project.   The plan, adopted by federal agencies on April 2, will be in effect for five years, and includes new rules and limitations based on the Endangered Species Act.

 

            “We’re disappointed this is necessary, but it’s just not enough water.  We will lose rural communities,” said Klamath Water Users Association President Tricia Hill.  “Even with this nice, wet winter it is doubtful we will have enough in 2019.”


Click here for full press release. 




Klamath irrigators file suit against federal government
to protect vested water rights

(Klamath Falls, Oregon) — The Klamath Irrigation District, in consultation with the Klamath Water Users Association, filed a lawsuit in federal court to protect vested water rights of families, farmers, and ranchers of the Klamath Basin. The current Federal practice of allocating water across the Klamath Basin is inconsistent with the Reclamation Act of 1902, violates Oregon State Law, and denies due process afforded by the U.S. Constitution.
The Reclamation Act requires Federal compliance with state water right law. In 2013, the State of Oregon issued a Finding of Fact and Order of Determination concluding Klamath Project irrigators are the sole owners of the right to beneficial use of the water stored in Upper Klamath Lake. However, since the Order of Determination was issued, the federal government has continued to operate as if it owns the right to the beneficial use of the water stored in the lake.

 Click here for full press release

KLAMATH WATER USERS ASSOCIATION REACTS TO FEDERAL WATER UPDATE



 
FOR IMMEDIATE RELEASE

March 22, 2019

Contact Information:

Paul Simmons

(541)883-6100

 

KLAMATH WATER USERS ASSOCIATION REACTS TO FEDERAL WATER UPDATE

 

            Klamath Water Users Association had mixed reactions to Friday’s public meeting at Klamath County Fairgrounds on the status of Endangered Species Act consultations and expected 2019 water supply for the Klamath Project.  “We greatly appreciate the hard work of the three involved agencies to get this done.  That’s essential to getting out from under the Court injunction that made 2018 so terrible”, said Luther Horsley.  “At the same time, the relative speed of the process made it difficult or impossible to engage with the agencies and others in the basin on some critical issues.”

 

The public meeting was hosted by the Bureau of Reclamation and attended by Reclamation’s Regional Director, Ernest Conant, U.S. Fish and Wildlife Service Regional Director Paul Souza, and Regional Administrator Barry Thom of the National Marine Fisheries Service.  They and their staffs gave an overview of the nearly finished Endangered Species Act consultation intended to guide Klamath Project operations for the next five years as well as the projected water supply for 2019 under that process.  KWUA met with these senior federal officials on Friday morning before the public meeting. Mr. Souza is the leader that was designated under an October 2018 memorandum from President Trump to coordinate and streamline the work of the agencies. 

 

KWUA board member and Klamath Irrigation District Manager, Gene Souza said that “there are positive and negative things about what we heard.  We assume 2019 should work out, although there shouldn’t be any doubt about that in such a wet year. Over the next four years we will need wet conditions to not to have major negative impacts to the Klamath Basin, its people and economy.”  The anticipated water supply for the west side of the Klamath Project from the Klamath River system (referred to as Project Supply) is 325,000 acre-feet.  This does not include any water that might be available to the west side from the Lost River system or any recirculated water in the Klamath Straits Drain.

 

“I’m glad we seem to be getting past the injunction that just doesn’t work under the 2013 biological opinion”, said Tulelake Irrigation District Manager Brad Kirby.  “But I hope we’ll have a chance to get into some details with the agencies about the future.  I also believe we have re-established some good relationships in the basin and I want those to hold up.”

 

KWUA is a non-profit private corporation that has represented Klamath Reclamation Project farmers and ranchers in its current form since 1953. The Association’s membership includes rural and suburban irrigation districts, other public and private entities and individuals who operate on both sides of the California-Oregon border. These entities and individuals typically hold water delivery contracts with the United States Bureau of Reclamation. The Klamath Project is home to over 1200 family farms and ranches and encompasses over 170,000 acres.

 

KWUA is governed by an 11-member board of directors who are appointed from Klamath Project member districts.

 

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FIRST AMENDED COMPLAINT
FOR DECLARATORY AND
INJUNCTIVE RELIEF


KLAMATH IRRIGATION DISTRICT,
Plaintiff,
v.
UNITED STATES BUREAU OF
RECLAMATION, DAVID
BERNHARDT, Acting Secretary of the
Interior, in his official capacity, BRENDA
BURMAN, Commissioner of the Bureau
of Reclamation, in her official capacity,
and ERNEST CONANT, Director of the
Mid-Pacific Region, Bureau of
Reclamation, in his official capacity, and
JEFFREY NETTLETON, in his official
capacity as Area Manager for the
Klamath Area Reclamation Office.