By James R.
Ottoman Guest columnist
Many of the
hydroelectric contracts in the West are set to expire over the next few
years. The resolution of the negotiated new contracts will have a
wide-ranging effect on all of us who live in the West.
The recently
settled water dispute on the Colorado River showed the legitimacy of the
Colorado River Compact, which, at times, has been called "The Law of the
River." California was forced to give up its use of millions of
acre-feet of Arizona's water when the state of Arizona established a
need for it.
While the
Colorado Compact encompasses the entire river, from Wyoming to Mexico,
the Klamath River Basin Compact was written to include only the waters
in the Upper Klamath River Basin. The writers of the Klamath Compact
realized the importance of protecting the waters of the Upper Basin
permanently after 90 percent of the Trinity River was diverted to the
Sacramento River upon completion of the Shasta Dam in 1945.
The vision of
men like James Kerns, Nelson Reed, George Stevenson, James Sterns,
Harvey Banks and others produced the Klamath Compact, a document that
included protection for water quality as well as protection for
irrigation use, Indian rights of the upper Klamath Tribes, wildlife,
economical power rates and proper drainage.
Improper
drainage has been the downfall of many irrigation systems around the
world.
The relative
flatness of the Basin's topography requires that irrigation drainage
waters be pumped back to the river system.
The foresight
of founders of the Klamath Compact has allowed this document to be a
blueprint for all users. Flood irrigation was replaced with
water-efficient sprinkler irrigation. Groundwater has been developed.
The management of state and federal wildlife refuges has been enhanced.
The present
success of all of these practices is because of proper management and
the pumping of groundwater back to the river system. This pumping is
feasible because the authors of the compact had the foresight to add an
important clause that established that electric rates be set at "the
lowest rates which may be reasonable."
It was the
intention of the compact that all the water in the Upper River Basin was
to be kept and used in the basin, except for a small amount of water
that for political reasons was sent through a complex delivery system to
the Rogue River Basin.
This single
diversion went unchallenged until the drought conditions of the last 15
years made even this small amount of water important. But in this single
instance the legal power of the compact kept water flowing into "Easy
Valley."
The last
article of the compact provides wording for termination of the compact.
The legislatures of Oregon and California are required to reach a
termination agreement, but according to the compact even termination by
the two affected states can not invalidate the rights established by the
original document.
During the
recent drought years all state and federal agencies ignored the legal
standing of the Klamath River Compact. It is my opinion that the
purposes and provisions in this wonderful and workable document should
be resurrected and that it should once again be considered, "The Law of
The River."
The author
James
Ottoman is a direct descendent of Ottoman and Rajnus Czech Families who
settled Malin in 1909. He has served on many local, state and national
water organizations. His family was named National Farm Family of the
Year in 1975.