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Priority and Execution Plan for Administration
Of Water rights and Water Delivery on the
Klamath Project in the Event of a Drought
General It should be emphasized that before any actions are taken to limit the amount of
water available to Klamath Project water users, efforts will be made to minimize, or possibly
avert, the shortages that are forecasted. Water users will be represented in these efforts to attempt
to work out a plan that will be fair and equitable to those involved.
It should also be noted that return flows generated by Project water users are an important factor
in determining the total amount of water use figures. These return flows are reused many times
in the agricultural use cycle and may ultimately affect several downstream users.
An emphasis would be placed on conserving water, growing crops that use less water, farming
practices that will save water, possible fallowing of land that is less productive, and most
important cooperation among the water users. Only after avenues of conversation and
cooperation are explored would the water be allocated on a priority basis within the Klamath
Project.
One of the key themes in any prioritization of water rights on the Project is that we claim a 1905
right for all Project lands regardless of the type of contract that the water users may have.
However, within the Project we can prioritize use by date of contract and type of contract. All
other diverters of water not in the Project would be considered junior to our Project needs if their
priority date was after 1905.
There are two basic types of contracts on the Project, a 9(d) Repayment contract and a Warren
Act type contract. The Warren Act was used to grant a secondary water right to users above the
gravity system.
First Priority of Use Within the Project
Van Brimmer Irrigation District’s contract with the United States recognizes the district’s right
to the use of 50 cfs. The United States eliminated the district’s supply of water by reclaiming
Lower Klamath Lake, and then was obligated to provide another source of supply. As a result,
the Van Brimmer Irrigation District had a priority that predates 1905.
Klamath Irrigation District, also known as the Main Division, was the first land developed for
irrigation and, as such, would have the first right to the use of irrigation water. The district was
the successor to the Klamath Water users Association who contracted with the United States on
November 6, 1905. The first contract between the United States and the district was dated July 6,
1918 and was written pursuant to the 1902 Federal Reclamation Act.
Tulelake Irrigation District’s contract is dated September 9, 1956, and is also a 9 (d) type
contract. The contract specifically states that the district has the same contractual right and
priority date as other contracts written pursuant to the 1902 Act on the Project.
Federally owned areas leased by the United States are considered to have the same priority date
as other first priority users.
There are several individual contracts within Klamath Irrigation District that were written
pursuant to the 1902 Act in the 1970’s. These are not minor averages, somewhere in the
neighborhood of 400+ acres.
Second Priority of use Within the Project
All of the following contracts were written pursuant to the Warren Act of February 21, 1911.
Most, if not all, of these contracts contain a clause which states that the water right is subject to
the main division land’s first tight. The Warren Act was cited in the contracts so that a secondary
right could be issued to the contractor. The Warren Act contains a clause in Article 1 which
states in part “…, preserving a first right to lands and entrymen under the project,”. In addition, most of
the contracts contain the very same wording. Given that understanding, the following order of
precedence by contract date would be followed:
Enterprise Irrigation District Receives water out of the A-Canal through the Klamath irrigation
District system. The date of the contract is October 5, 1920.
Klamath Drainage District Receives water out of Klamath River below the Link River Dam.
The date of the contract is August 24, 1921. (The public land in Area K are considered First
Priority users).
Malin Irrigation District Receives water out of the D-Canal through the Klamath Irrigation
District system. The date of the contract is September 9, 1922.
Shasta View Irrigation District Receives water out of the D-Canal through the Klamath
irrigation District system. The date of the contract is October 6, 1922.
Sunnyside Irrigation District Receives water out of the North Canal (Klamath Drainage
District). The North Canal gets its supply of water from the Klamath River below the Link River
Dam. The date of the contract is October 24, 1922.
Pine Grove Irrigation District Receives water out of the A-Canal (Klamath Irrigation District
system). The date of the contract is June 19, 1936.
Colonial Realty Company-Westside Improvement District Receives water out of the Tulelake
Sump and at the end of J-1 lateral. The District was incorporated into Tulelake Irrigation District
as an improvement district. The date of the contract is October 20, 1936.
Plevna District Improvement Company Receives water out of the Klamath River below the
Link River Dam. The date of the contract is April 1, 1940.
Pioneer District Improvement Company Receives water out of the Klamath River below the
Link River Dam. The date of the contract is December 1, 1947.
Midland District Improvement Company Receives water out of the Klamath River below the
Link River Dam. The date of the contract is February 2, 1952.
Poe Valley Improvement District Receives water out if the Lost River below Harpold Dam.
The District is highly dependent on return flows from the Klamath Irrigation District system in
the Poe Valley. The contract does not mention where the water is to come from, only that it will
be made available in the Lost River. The date of the contract is July 20, 1953.
Ady District Improvement Company Receives water out of the Klamath River below the Link
River Dam. The date of the contract is August 5, 1954.
Klamath Basin Improvement District Receives water out of the Klamath River Irrigation
District system. The date of the contract is April 25, 1962.
Miscellaneous Warren Act Contracts This group of contracts are scattered throughout the
Project and get their water supply from the Lost River and Upper Klamath Lake. Some of the
contracts have been turned over to Klamath Irrigation District to administer. Contract dates range
from 1915+ to 1960+.
Third Priority of Use Within the Project
The first group of water users that would need to be shut off in the event of water shortages
would be the temporary water rental contracts. Rental water is sold to individual farmers on an
“if and when available” status. Klamath Irrigation District and Tulelake Irrigation District both
have clauses that allow them to sell rental water. In addition, the Bureau has rental contracts with
users in the P-Canal and the Lost River areas.
Execution Plan
In the event that there was insufficient supplies of water available within the system from the
Klamath River the following actions would be taken:
March 10 Letters will be sent to all water users advising them that we can expect a deficiency in
supplies of irrigation water and that all sales of rental water will not be allowed. Also, at this
time, separate letters will be sent to the “Second Priority Water Users” advising them of our
intent to limit their use of water should supplies fall below our projections. The letter would also
request that the appropriate portion of Exhibit 1 be completed by the respective districts and
returned to the Bureau of reclamation no later than march 26.
April 10 An allocation projection meeting would be hosted by the Bureau in which the district
manager and the board chairman from each district would attend. The Bureau would have the
information from Exhibit 1 complied and a proposed allocation available. This would become
the basis for discussions, potential revisions and efforts to arrive at an equitable reallocation of
available supplies. Factors such as reduced acreages, crops that use less water, farming practices
that reduced water use, and other water saving measures would be taken into consideration. The
final projected allocation would be determined from this meeting.
May 10 The Bureau would revise the allocation using percentages based on changes in storage
and run-off that occur between April 1 and May 1 and send the data to the districts via certified
mail.
In the event that the cooperative effort discussed in the April 10 meeting reaches an impasse, the
following plan would be followed:
The sufficiency of the water supply would re-evaluated by the Klamath Project and, if found
insufficient to meet secondary demands, Klamath Irrigation District, Tulelake Irrigation District
and Klamath Drainage District, would be notified to stop or limit deliveries to the specified
Secondary users under their delivery control points. In addition, The Klamath Project would
notify other specified Secondary users to stop or limit delivery of irrigation supplies.
Letters would be sent to the First Priority Users assigning them an acre-foot allocation for the
balance of the irrigation season.
The above described measures would remain in effect until the Bureau of Reclamation declared a
water supply status capable of meeting all contractual commitments.
EXHIBIT 1
Worksheet for determining water use on the Project. Districts should prepare and keep on file detailed
records to support the information requested on this worksheet.
*1 *2 *3
Area Estimate Total Needed
Land Description Irrigated Water Use Acre – Feet
Acres AF/AC
First Priority of Use
Klamath Irrigation District ______ ______ ______
Tulelake Irrigation District ______ ______ ______
(Exclude Public Lease Lands)
Sumps 2 & 3 Lease Area ______ ______ ______
Van Brimmer Ditch Co. ______ ______ ______
Area F Lease Area ______ ______ ______
Other federal Lease Areas ______ ______ ______
Area K Leases ______ ______ ______
Second Priority of Use
Enterprise Irrigation District ______ ______ ______
Klamath Drainage District ______ ______ ______
(Exclude Public Lease Lands)
Malin Irrigation District ______ ______ ______
Shasta View Improvement Dist. ______ ______ ______
Sunnyside irrigation District ______ ______ ______
Pine Grove Improvement District ______ ______ ______
Colonial Realty ______ ______ ______
Pioneer District Improvement Co. ______ ______ ______
Midland District Improvement Co. ______ ______ ______
Poe Valley Improvement Co. ______ ______ ______
Ady District Improvement Co. ______ ______ ______
Plevna District Improvement Co. ______ ______ ______
Individual Warren Act Contracts ______ ______ ______
Klamath Basin Improvement Dist. ______ ______ ______
Upper Klamath Lake Contracts ______ ______ ______
Third Priority of Use
Misc. Water Rentals
Klamath Irrigation District ______ ______ ______
Tulelake Irrigation District ______ ______ ______
Klamath Project ______ ______ ______
Total Acreage Irrigated ______
*1 Total acres to be irrigated in the District which corresponds to the Priority of Use.
*2 Acre-Feet of water to be applied pre acre from the period April 15 through October 15.
*3 Multiply the acres by the acre-feet per acre to get the total supply.
These estimates are based upon general historical Ag & Refuge demand.
These estimates are based upon the Refuges not receiving water and
Keno to Iron Gate accretions do not maintain expected flows.
Current Keno-IG flows are just over 400cfs. April flows should be around 343 cfs.
Estimated Historical Ag & Water Bank Reduced 10% 15% 25%
UKL Inflow Refuge Demand Reduction Demand Reduction Reduction Reduction
260 327 100 227 204 193 170
240 337 100 237 213 201 178
220 346 100 246 221 209 185
190 361 100 261 235 222 196
Available Water with % Supply
Reduction