Klamath Water Users Association 2455 Patterson Street, Suite 3 Klamath Falls, Oregon 97603 Phone (541) 883-6100 FAX   (541) 883-8893   kwua@cvcwireless.net  Weekly Update September 3, 2004 Upper Basin Reps Testify at Rep. Thompson’s River Briefing (Cont’d) river have demonstrated a clear boost because of those efforts. Sabo and Keppen, who testified later in the day, summarized that, despite the fact that the Klamath Project is one of the most water-use efficient reclamation projects in the country, water users have demonstrated their willingness to participate in actions that might further stretch tight water supplies. "Over 800 growers have applied for 2002 Farm Bill funding to help cost-share projects that conserve water," said Sabo. The Farm Bill projects- which are evaluated on the basis of their ability to improve on-farm water use efficiency – require that 25 percent of the costs be carried by the landowner. Keppen outlined the efforts undertaken by Upper Basin water users since 2002. That year, 62,000 acre-feet (AF) of water were generated through the newly created water bank, Tulelake Irrigation District groundwater contributions, and an early-fall pulse flow intended to ease fish crowding in the lower river. In 2003, 59,651AF of water bank water plus 30,000 AF were generated through voluntary groundwater pumping and conservation efforts undertaken by local water users, the latter volume with no federal compensation. This year, 75,000 AF of water bank water plus 13,000 AF of water pulled from the refuge and irrigation water supplies were generated to meet ESA and tribal trust needs. In 2005, the NOAA Fisheries biological opinion calls for a massive 100,000 AF water bank, regardless of actual hydrological conditions. "It’s clear that our irrigators have not been idle," Keppen said. "We feel that we are doing all we can   Upper Basin Reps Testify at Rep. Thompson’s River Briefing (Cont’d) to be part of a constructive solution to meet the challenges we all face in this watershed. We are modifying our actions to generate water to meet these regulatory demands. And yet, we have no say in how that water is actually managed. Shouldn’t the agencies and interests who are calling for this water be held accountable for how it is used?" John Elliott outlined the positive aspects of developing Long Lake, a potential offstream storage site near Upper Klamath Lake. Preliminary studies show that the project could capture surplus flows in the Klamath River system and store between 380,000 and 550,000 acre-feet of water. The stored water could then be used for meeting Klamath River instream flow objectives, thus increasing Klamath Project water supply reliability. "This is not about expanding the Klamath Project," said Elliott. "Long Lake and all of the other storage proposals would not have to be dedicated to agriculture purposes. They would primarily be used to meet environmental needs of the fish." Of the thirteen stakeholder and local government officials who were invited to speak at Monday’s briefing, only three represented areas upstream of Iron Gate Dam. In addition to Elliott and Keppen, Siskiyou County supervisor Marcia Armstrong was also invited, but could not make the meeting, and instead submitted a written statement. Elliott noted that most of the stakeholder speakers believed that Klamath Project operations were responsible for many of the river’s perceived problems. "I think there was some evidence there that people’s minds were made up, and that they were not going to be confused by the facts," said Elliott.   Continued on page 3   Klamath Water Users Association 2455 Patterson Street, Suite 3 Klamath Falls, Oregon 97603 Phone (541) 883-6100 FAX   (541) 883-8893   kwua@cvcwireless.net  Weekly Update September 3, 2004 Local Producers and Community Leaders Meet with Congressman Blumenauer Klamath County community leaders joined producers who work the ground on and near the Tule Lake and Lower Klamath National Wildlife Refuges last week to discuss "big picture" resources issues with Congressman Earl Blumenauer (D-Portland). Representative Blumenauer, who has been on the opposite side of the fence from Upper Basin congressional delegates on certain refuge management issues in recent years, was in the Upper Basin on unofficial business for two days last week. While most of his time was spent with environmental activists touring Upper Klamath Lake and the Lower Klamath refuge, Rep. Blumenauer and two staff members did agree to meet for ninety minutes with a small group of water users and representatives from the Klamath County Board of Commissioners and the Chamber of Commerce. Rep. Blumenauer has been a staunch opponent of current farming practices on the national wildlife refuge leaselands, and he did not budge on his position when he met with local producers. "There’s really no need to spend time on that particular issue right now," he said halfway through the meeting. "I believe our time is better spent addressing big-picture issues." Blumenauer expressed particular interest in the ongoing Klamath Hydroelectric Project relicensing process, as well as the recent discussions held at the Shilo Inn with the Klamath Tribes, water users, and other interests. In 2003, for the second year in a row, refuge lease land legislation introduced by Rep. Blumenauer was defeated in the House of Representatives. Last Local Producers and Community Leaders Meet with Rep. Blumenauer (Continued) year’s failed legislation aimed to prohibit the Bureau of Reclamation from issuing leases to farmers planting alfalfa or row crops in the Lower Klamath and Tule Lake National Wildlife Refuges. A potential fight on the floor of the House for the third year in a row was averted earlier this summer when Rep. Blumenauer agreed not to offer up a controversial Klamath wildlife refuge amendment to an Interior Department appropriations bill. During the course of discussion, it became apparent that Rep. Blumenauer’s views on power, hydrology and the role of agriculture and waterfowl health differed substantially from those of the water users. However, he did express an interest in learning about other perspectives. After the meeting, the Klamath Water Users Association (KWUA) sent a follow up letter to the congressman that included: Information regarding KWUA’s stance on, and related history of, the current power rate enjoyed by Klamath Project irrigators. Description of pre-Project hydrology, relative to flows in the Klamath River. Description of Klamath Project efficiency. Summary of cropping patterns and irrigation. Summary of March-October Klamath Project diversions, 1962-2001. Summary of refuge water demands, 1951-2001. "We were heartened at our meeting last week when Congressman Blumenauer expressed an interest in hearing both sides of the story," said KWUA Executive Director Dan Keppen. "We are also pleased that he has agreed to come back and tour the Klamath Project with local water users." Continued on page 4   Klamath Water Users Association 2455 Patterson Street, Suite 3 Klamath Falls, Oregon 97603 Phone (541) 883-6100 FAX   (541) 883-8893   kwua@cvcwireless.net  Weekly Update September 3, 2004 Recent San Joaquin River Decision Clouds Central Valley with Uncertainty Last Friday’s ruling finding that Friant Dam operations violate Section 5937 of the California Fish and Game Code, which requires water to be released from a dam for fish, has clouded the eastern San Joaquin Valley’s future with disappointment and uncertainty. Although U.S. District Judge Lawrence K. Karlton did not indicate how much water might eventually be ordered to be released to the river from Friant Dam, the potential spells possible economic and social catastrophe for counties, communities and residents in parts of five counties. "We don’t know how much water might be involved," said Kole M. Upton, Friant Water Users Authority (FWUA) Chairman. "We’ve only been told current operations result in a violation. But a significant loss of water we have historically used will likely cause downsizing of existing communities and farms in the Friant service area." Karlton’s ruling sets the stage for a "remedy phase." How that might unfold is not known. Estimates are that for every two or three acre-feet of water taken for environmental purposes, up to one acre may eventually have to be taken out of production. "We don’t know who will have jurisdiction – the judge, the State Water Resources Control Board or the state courts," Upton said. It is also possible that the plaintiffs, the Natural Resources Defense Council (NRDC), other environmental groups, and the Pacific Coast Federation of Fishermen, might seek an injunction to order water releases. Any such water releases down the San Joaquin River for environmental purposes would of necessity come from the existing supply of water in Millerton Lake that is used to irrigate nearly one million acres of Recent San Joaquin Decision Clouds Central Valley with Uncertainty (Cont’d) some of the world’s most productive and fertile farmland in parts of Merced, Madera, Fresno, Tulare and Kern counties. That water is delivered through the Madera and Friant-Kern canals and supports gross agricultural production in excess of $4 billion a year. Ronald D. Jacobsma, FWUA Consulting General Manager, said Friant’s attorneys feel that "the evidence submitted by the defendants was largely ignored." FWUA maintains that it is "undisputed" that about 100,000 acre-feet of water is released to the San Joaquin River every year and this water maintains a variety of fish species in good condition below the dam. The water users also point out that portions of the river were dry at times due to previously-develop diversion facilities. "We are extremely disappointed and frustrated," Jacobsma said. "We are reviewing the ruling in order to ascertain our legal options." He said that Friant does not believe that "the court applied the correct standard to the case in that from our perspective there were disputed facts in the case making a ruling on summary judgment inappropriate." NRDC and the other plaintiffs have sought to compel the U.S. Bureau of Reclamation to release water down the San Joaquin River to restore an anadromous fishery, generally Chinook salmon. While it is unclear what precedent this decision sets for other areas, it has raised the eyebrows of water users throughout California, since it suggests that federal dam operators might be subjected to increased state environmental regulations. - Source: FWUA News Advisory - Continued on page 5   Klamath Water Users Association 2455 Patterson Street, Suite 3 Klamath Falls, Oregon 97603 Phone (541) 883-6100 FAX   (541) 883-8893   kwua@cvcwireless.net  Weekly Update September 3, 2004 Klamath Water Users Association Teams Up with Local Economic Coalition The Klamath Water Users Association (KWUA) Board of Directors on August 19th unanimously agreed to accept an invitation to join Team Klamath, a local coalition of government, education and economic interests. Team Klamath on July 29th formally extended an invitation to KWUA to join the group, whose mission is: "to provide, through tailored recruitment and retention/expansion programs, new opportunities for jobs, a diversified, value-added industrial base and expanded economic development". With agriculture forming a major portion of Klamath County’s economic base, and water issues seen as a determining factor in the fate of local producers, "it seems imperative that the KWUA and Team Klamath work together towards economic stability", Team Klamath President John Dey said. Team Klamath is comprised of representatives of the City of Klamath Falls, Klamath County, Klamath County Community College, OIT, The Work Connection, Klamath / Lake EDD, Klamath County Chamber of Commerce, Oregon Economic and Community Development Corporation, and Klamath County Economic Association, as lead. KWUA President Steve Kandra is excited to join Team Klamath. "We believe that agriculture is an important base of the Klamath Basin," said Kandra. "Team Klamath looks to have great potential, and we hope that we can be a beneficial member."   CALENDAR OF EVENTS Wednesday, September 8, 2004 – KWUA Joint Meeting of Science and Legal Committees. 6:00 p.m. KWUA Office – 2455 Patterson Street, Suite 3, Klamath Falls, Oregon. Wednesday, September 8, 2004 – KWUA Executive Committee Meeting. 7:00 p.m. KWUA Office – 2455 Patterson Street, Suite 3, Klamath Falls, Oregon. Wednesday, September 15, 2004 to Friday, September 17, 2004 – Water Education Foundation Northern California Tour. Contact WEF at 916-444-6240 for more information.

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