Recent News
KWUA Applauds Release of Updated Endangered Species Act Guidance For the Klamath Project
KLAMATH FALLS, Ore. – Today, the U.S. Department of the Interior released a memorandum providing updated legal guidance regarding the application of the Endangered Species Act (ESA) at the U.S. Bureau of Reclamation’s (Reclamation) Klamath Project (Project). The updated guidance is provided in a May 14, 2025, “Briefing Memorandum for the Secretary,” from Greg Zerzan, Acting Solicitor of the Department of the Interior. Mr. Zerzan is the chief legal officer for the U.S. Department of the Interior and oversees the work of all its attorneys.
The updated guidance is “extremely welcome,” according to Klamath Water Users Association (KWUA) President Scott Seus. “Project irrigators have suffered far too long with the ESA being used as a rationalization for federal agencies simply dividing up water. Each year has been a fight for who-gets-what, but with no consistent guidance or understanding about the rules.”
The guidance document is anchored by the legal principle that section 7 of the ESA, which has driven regulation of the Project for three decades, applies only to the effects of Reclamation’s discretionary actions. Based on applicable regulations, court decisions, and contracts, critical actions associated with the storage, diversion, and delivery of water for irrigation are not discretionary federal actions.
The updated guidance calls for Reclamation’s ESA approach to be the same at the Project as it has been for other river basins for years, explains KWUA Executive Director Elizabeth Nielsen. “This is about fairness and consistency as much as it is about law,” she said. “The rules applied to the Project should be the same rules Reclamation has applied in other basins and defended in court for over a decade.”
During the first Trump Administration, the Office of the Solicitor prepared detailed legal analysis that was relied on in completing a reassessment of then-current ESA regulation of the Project. The reassessment was intended to be the foundation for future ESA compliance. But three weeks after taking office in 2021, then-Secretary Deb Haaland rescinded the reassessment. “All the work that had been done was discarded without justification,” stated Mr. Seus.
On February 10, 2025, current Secretary of the Interior Doug Burgum rescinded Secretary Haaland’s withdrawal of the ESA reassessment work. Secretary Burgum also directed the Solicitor to update the legal analysis that supported the previous reassessment. That work is now complete. “We thank Secretary Burgum and his team for this prompt action,” said Mr. Seus.
The updated guidance identifies new law and court decisions that bolster the conclusions reached in the previous ESA reassessment. The court decisions include a case decided by the U.S. Court of Appeals for the Ninth Circuit in 2024. The updated guidance also addresses a new statute enacted by Congress in 2024 that directs Reclamation to operate Link River Dam for irrigation. The updated guidance was filed with the Ninth Circuit Court of Appeals as part of a required filing in pending litigation.
The updated guidance is expected to be the basis for new water operation procedures for the Project. “There is work to do to translate the updated guidance into action,” according to Mrs. Nielsen. “We will work with Reclamation and other parties to ensure that happens as soon as possible.”
After years of drought, Klamath Basin farmers get long-awaited water relief
Water managers in the Klamath Basin say, for the first time since 2019, there will be enough water to meet everyone’s demands this year. Elizabeth Nielsen is the executive director of the Klamath Water Users Association, which represents farmers and ranchers. She said her group still has concerns about new procedures the agency is using to determine water allocations.
“In any year but a year like this, that plan would not allow for adequate deliveries to farmers and ranchers in the Klamath project,” she said.
KWUA: “MIXED REACTION” TO 2025 IRRIGATION WATER ANNOUNCEMENT
KLAMATH FALLS, Ore. – Today, the U.S. Bureau of Reclamation (Reclamation) confirmed that 2025 water supplies will be sufficient to meet the anticipated demand for irrigation this year.1
“It shouldn’t surprise anyone that Reclamation is saying this,” said Klamath Water Users Association (KWUA) President Scott Seus, who farms in the Tulelake area. “With the wet winter weather, good starting soil moisture, and abundant snowpack, there should be no doubt that there will be adequate irrigation water in 2025.”
At the same time, according to Mr. Seus, “Reclamation is using rules for distributing water that are completely unrealistic and will be devastating to farms in all but a very wet year like this one. We have a unique opportunity to restart the historic ‘flow-through’ of water that served the needs of our ecosystem and agriculture, given the ample water that is slowly releasing from our current 182% of normal snowpack. We can start to reverse the damage to our landscape that has been compromised by decades of poor water management policy.”
KWUA Executive Director Elizabeth Nielsen stated that Reclamation is applying a water allocation plan developed in the final months of 2024. “Reclamation probably feels like its hands are tied right now. But we will not let a good year bail out a terrible plan.”
KWUA is strongly urging that Reclamation go through the necessary processes to modify the current rules, which are controlled by ESA Biological Opinions. “We made this point in a dozen meetings in Washington, D.C. earlier this month,” said Mrs. Nielsen. “We believe the Administration knows there are serious problems that need to be fixed and is committed to fixes that are durable.”
Mr. Seus echoed this conclusion. “I am very hopeful that better rules, that respect the needs of agriculture, the basin ecosystem and our communities are on the horizon.”
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1 Reclamation Releases 2025 Klamath Project Annual Operations Plan, Reclamation memo to KWUA
KWUA Takes Klamath Priorities Straight to D.C.—and Brings Back Momentum
We are grateful to our federal champions, Congressmen Doug LaMalfa and Cliff Bentz, Senators Jeff Merkley and Ron Wyden, and NRCS Chief Aubrey Bettencourt for taking the time to meet with us in person.
We also want to recognize the D.C. Reclamation team, whose candid and constructive dialogue left us encouraged about the Bureau’s commitment to the ESA reassessment and delivering a strong, defensible Section 7 consultation for the Klamath Project.
See full Info Release below:
Erek Fuchs Named Director of Water Resources for Klamath Water Users Association
KLAMATH FALLS, OR – Klamath Water Users Association (KWUA) is pleased to announce the appointment of Erek H. Fuchs, Ph.D., as Director of Water Resources, effective April 1, 2025.
Dr. Fuchs (pronounced “Fox”) comes to us from southern New Mexico, where he has over 25 years of applied experience in the field of hydrologic sciences.
Dr. Fuchs’s expertise involves water resources management, water rights administration, monitoring and measurement, and advancement of hydrologic science. He was accepted as an expert witness in an original action before the United States Supreme Court (Texas v. New Mexico, Original Action No. 141) and has authored or co-authored numerous peer-reviewed publications in leading water science journals.
“We are excited to welcome Erek to our team,” said KWUA President Scott Seus. “His expertise, reputation, and passion are broadly recognized throughout the West.”
Dr. Fuchs specializes in quantitative hydrology with interests including connectivity physics and groundwater resilience in conjunctive use irrigated agricultural systems.
He was born in New Mexico and raised on a ranch. He completed his academic degrees in Range and Watershed Science (BS), Range Hydrology (MS), and Water Science and Management (Ph.D.) with an emphasis in Quantitative Hydrology and Agricultural Water Resources at New Mexico State University.
Prior to joining the Elephant Butte Irrigation District in southern New Mexico as the Director of Groundwater Resources in 2011, he spent 12 consecutive years as the Lower Rio Grande Basin Supervisor for the New Mexico Office of the State Engineer.
“I come from an area renowned for its water scarcity, and know how precious water is,” Dr. Fuchs observed.
Recently, Dr. Fuchs served very briefly as the District 17 Watermaster with the Oregon Water Resources Department in Klamath Falls.
He is the father of three successful adult children, the eldest of which is an officer and physician in the U.S. Navy. Dr. Fuchs is an avid outdoorsman and hunter and the proud owner of a registered quarter horse.
“I know the importance of generational farming and ranching as the backbone of national, and ultimately global food security. I am very excited about this new chapter in my life and honored to be a part of the KWUA family.”
Elizabeth Nielsen Named Executive Director of Klamath Water Users Association
KLAMATH FALLS, Ore. –Klamath Water Users Association (KWUA) announced today that Elizabeth Nielsen has accepted a position as Executive Director of the organization, effective April 7, 2025. Mrs. Nielsen currently serves as Deputy County Administrator for Siskiyou County, California.
The announcement follows a months-long recruitment process conducted by a committee of members of the KWUA Board of Directors.
“We had a strong pool of applicants for the position, but Elizabeth was the clear choice,” said KWUA President Scott Seus, who served on the committee. “In the Klamath Project and throughout the watershed, irrigators have reason to be excited about her accepting the role as Executive Director of KWUA. We have all benefited from Elizabeth’s leadership and involvement in various prior capacities. She will bring leadership and perspective to the table.”
Mrs. Nielsen has worked on Klamath watershed issues for the past fourteen years in various capacities, including with the Bureau of Reclamation in Klamath Falls. In her current position, her responsibilities include overseeing the County’s natural resources department.
In recent years, Mrs. Nielsen has been instrumental in the work of the “Tri-Counties,” a coalition among Klamath County, Oregon, and Siskiyou and Modoc Counties, California, that has engaged effectively on water issues regionally, statewide, and nationally.
“Farming and ranching are a cornerstone of culture and tradition in the watershed. I look forward to joining this highly respected organization and representing those who keep this tradition alive, who dedicate themselves to ensuring that the same opportunities exist for future generations, and who work day in and day out to put food on our tables,” said Mrs. Nielsen. “I can’t wait to get to work.”
She holds a BS in Agricultural Business from CSU Chico. She and her husband are raising two boys on their 5th generation family cattle ranch.
Outgoing Executive Director Paul Simmons, who is retiring, will serve as an advisor during a transition period.
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Tracey Liskey: Leading KWUA into a Sustainable Future
Tracey Liskey, a fourth-generation farmer and the current President of the KWUA Board of Directors, embodies a legacy of dedication and innovation in the Klamath Basin. With over 3,000 acres under cultivation, Liskey’s farm is a testament to sustainable agriculture, featuring geothermal-powered hot houses for organic produce and aquaculture, and a partnership in the “Gone Fishing” hatchery for endangered species restoration. Beyond his farming ventures, Liskey’s commitment extends to significant roles in various agricultural and environmental boards, reflecting his passion for growth, wildlife, and community service. Whether tending to his land or advocating for sustainable practices, Liskey’s life is a profound connection to nature and a model of stewardship for future generations.
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