KWUA WEIGHS IN ON WOTUS RULE REVISION
Earlier this week, KWUA submitted formal comments to the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on the proposed rule revising the definition of “waters of the United States” (WOTUS). KWUA expressed general support for the agencies’ efforts to align the rule with recent Supreme Court decisions, including Sackett v. EPA, and to provide greater regulatory clarity for farmers, ranchers, and irrigation entities operating in highly regulated basins like the Klamath. KWUA also formally incorporated and endorsed the detailed comments submitted by the Family Farm Alliance.
In its comments, KWUA emphasized the need for clear, categorical exclusions for irrigation and drainage infrastructure, noting that treating ditches, canals, and managed conveyance systems as jurisdictional waters would improperly expand federal authority and create uncertainty for agricultural operations. The Association raised concerns with the proposed “wet season” benchmark, overly broad interpretations of “relatively permanent” waters, and expansive wetlands jurisdiction that could conflict with Supreme Court precedent. KWUA urged the agencies to adopt the Alliance’s recommended revisions to narrow the definition of tributaries, eliminate ambiguous standards, respect state water management authority, and provide durable, defensible regulatory certainty for irrigated agriculture in the Klamath Basin. KWUA thanks Mark Limbaugh and The Ferguson Group for their assistance in drafting these comments.
KWUA HONORS DOUG LAMALFA
KWUA expresses our deep gratitude for Congressman Doug LaMalfa — a steadfast advocate for agriculture, rural communities, and the people of the Klamath Basin.
Throughout his service, Congressman LaMalfa was a consistent and outspoken voice for reliable water deliveries, balanced natural resource policy, and commonsense reform that recognized the real-world impacts federal decisions have on family farms and working lands. He understood that food production, environmental stewardship, and healthy communities go hand in hand, and he worked tirelessly to ensure local voices were heard in Washington, D.C.
As a farmer himself, Doug LaMalfa brought firsthand knowledge and unwavering commitment to the challenges facing the Klamath Project and the broader Basin. His leadership helped elevate the importance of science-based water management, infrastructure investment, and regulatory balance — principles that remain critical to the future of this region.
“We are devastated by the loss of Congressman LaMalfa, who was a resolute and dedicated voice for rural America and its people. Our prayers are with his wife, Jill, his children, and his staff,” said Elizabeth Nielsen, Executive Director of the Klamath Water Users Association.
We are deeply grateful for his years of service and his dedication to standing up for the people who feed this country. Our sincerest condolences go out to his family, friends, and all those mourning his loss.
His legacy will not be forgotten.
DISTRICT MEETINGS
- Tulelake Irrigation District’s Monthly Board of Directors meeting will be held on January 13, at 10 am at the TID office.
- KWUA’s Monthly Board of Directors meeting will be held on January 14 at 2 pm at the KWUA office.
- Klamath Irrigation District’s Annual Board of Directors meeting will be held on January 8, at 1 pm at the KID office. Public call-in access to the meeting is available by dialing (425) 436-6347 with access code 8826661.
- Klamath Basin Irrigation District’s Board of Directors meeting will be held on January 12, at 10 am at the KID office.
- Klamath Drainage District’s Monthly Board of Directors meeting will be held on January 15, at 1 pm at the KDD office. To join via Zoom, click here. Meeting ID 862 5518 6883.
CALIFORNIA CATTLEMEN’S ASSOCIATION HONORS A LEGEND
Mike Byrne has devoted his life to stewarding his family’s historic cattle ranch and to serving the agricultural and rural communities of the Klamath Basin and beyond. His family’s roots in the Basin date to the 1860s and are closely tied to the development of the Klamath Project and the early settlement of the region. Encouraged to serve beyond the ranch, he became deeply involved in local, state, and national agricultural organizations, with a particular focus on protecting agricultural water supplies, sustaining public lands grazing, and advancing conservation within working landscapes.
Mike has played a central role in Klamath Basin water advocacy, including many years of service with KWUA, and provided steady leadership during some of the Project’s most challenging times. He was exceptionally active during and after the 2001 Klamath Project water shutoff, traveling frequently to Washington, D.C., organizing and participating in tours, hearings, and meetings with federal officials, and helping lead community efforts such as the Klamath Bucket Brigade. Mike held leadership positions with the California Cattlemen’s Association, the National Cattlemen’s Beef Association, and the Public Lands Council, while also earning national recognition for conservation and range management.
During the 2025 California Cattlemen’s Association annual convention, Mike Byrne was recognized with the 2025 CCA Lifetime Achievement Award. Per the CCA’s Facebook post, “We were proud to honor Modoc County cattleman Mike Byrne with the 2025 CCA Lifetime Achievement Award at our annual convention. If you know Mike, you know his deep passion for ranching and his decades of dedication to advocating for the West.”
Known for his humility, longevity of service, and ability to bring diverse interests together without seeking credit, Mike Byrne’s contributions have left a lasting mark on the Klamath Basin and on agriculture across the West.
OWRC ANNUAL CONFERENCE PAUL SIMMONS INDUCTED INTO THE ROYAL ORDER OF WATER BUFFALOES
The 2025 Oregon Water Resources Congress Annual Conference was held December 1 through 3 in Hood River, Oregon, bringing together irrigation districts, water managers, policymakers, and stakeholders from across the West. The conference focused on federal funding opportunities, infrastructure challenges, water supply outlooks, and legislative priorities affecting irrigated agriculture.
Attendees were able to hear from senior federal and state officials, including representatives from the U.S. Bureau of Reclamation, USDA NRCS, and multiple Oregon natural resource agencies, as well as members of Oregon’s congressional delegation. Key sessions addressed federal budget and policy developments, weather and water supply forecasting, Clean Water Act and TMDL litigation, and best practices for district governance and risk management.
The agenda also highlighted issues of particular importance to the Klamath Basin. During the conference, Klamath Water Users Association Executive Director Elizabeth Nielsen and former Executive Director Paul Simmons presented on Klamath Dam Removal impacts and lessons learned, providing insight into the real-world implications of dam removal for water users, fisheries, and basin communities.
At the end of the conference, during the banquet, Paul Simmons was officially inducted into the Royal Order of Water Buffaloes and, as a Lifetime Member, alongside Dan Keppen. In addition, Nate Blevin, Assistant Operations and Safety Officer for Klamath Irrigation District, received the OWRC Safety Award.
FAMILY FARM ALLIANCE AND KWUA SUPPORT ESA REFORMS TO RESTORE COMMONSENSE IMPLEMENTATION
On December 22, 2025, the Alliance submitted a letter to the U.S. Fish and Wildlife Service and NOAA Fisheries regarding four proposed rulemakings to reform implementation of the Endangered Species Act. The Alliance, and KWUA as a member of the Alliance, strongly support these proposals, which would roll back the 2024 ESA regulations and restore the 2019 framework, bringing greater clarity, consistency, and commonsense application to species protection.
The proposed changes would improve how species are listed and delisted, refine critical habitat designations, clarify interagency consultation requirements, and eliminate the blanket rule that automatically applies take prohibitions to threatened species. These reforms are intended to better align ESA implementation with congressional intent, sound science, and recent U.S. Supreme Court decisions, while reducing unnecessary regulatory burdens on working lands and water projects.
The Alliance’s comments underscore how ESA implementation directly affects federally operated water projects, including the Klamath Project, where uncoordinated regulatory actions by multiple agencies have historically resulted in conflicting requirements and severe water supply impacts. The letter highlights the Klamath Project as a cautionary example of how separate ESA mandates for different species, managed by different federal agencies, can have devastating consequences for farms, wildlife refuges, and rural communities.
The Alliance urges reforms that promote coordination, transparency, and accountability, emphasizing that species recovery and reliable water supplies do not have to be mutually exclusive. KWUA shares this perspective and supports continued efforts to modernize ESA implementation in a manner that protects both imperiled species and the communities that depend on the Klamath Project.
You can read the full letter here.
TIM PETTY CONFIRMATION
In December 2025, the U.S. Senate confirmed Timothy Petty as the new Assistant Secretary of Commerce for Oceans and Atmosphere, placing him in charge of the National Oceanic and Atmospheric Administration’s fisheries division. Mr. Petty is a geologist by training with extensive experience in water and natural resource policy, including serving as Assistant Secretary for Water and Science at the Department of the Interior and as a senior staff member on Capitol Hill.
Mr. Petty’s actions in this role and with the National Marine Fisheries Service are expected to have benefits for the Klamath Project. While in Washington, D.C. in September 2025, Executive Director Elizabeth Nielsen was able to meet Mr. Petty, who expressed his keen interest in Klamath issues.
58th Annual Mid Pacific Water Users Conference
The 58th Annual Mid Pacific Water Users Conference will be held January 28 through 30 at the Silver Legacy Resort in Reno, Nevada. If you plan on attending, be sure to register. Water User Conference.
The KWUA office will be closed during this time so staff may attend the conference.
TRI COUNTIES LEADERS CONVENE TO ADVANCE KLAMATH BASIN PRIORITIES
On December 15, elected leaders from Klamath, Modoc, and Siskiyou Counties convened during a public meeting as part of the Tri Counties collaboration to discuss Klamath Basin water issues and other key natural resource priorities. KWUA Executive Director Elizabeth Nielsen provided an overview of the 2025 water year, a look ahead to 2026, and outlined KWUA’s priorities for the Trump 47 Administration, emphasizing the critical role Tri Counties engagement has played in advancing KWUA’s efforts in recent years.
KWUA President Scott Seus, along with Board members John Crawford and Gary Wright, also addressed basin wide issues and highlighted opportunities for continued coordination and support.
Since 2019, the Tri Counties Siskiyou County California, Modoc County California, and Klamath County Oregon have played a vital role in advancing shared priorities across the Klamath Basin by providing a unified regional voice on legislative and natural resource issues affecting agriculture, local economies, and community stability. Their engagement at the local, regional, and Washington, D.C. levels has helped advance reliable and adequate water supplies for farmers and ranchers, promote sound policy decisions, ensure responsible use of public funds, and protect the Klamath Project, including participation as amicus curiae in key litigation.
We extend our sincere thanks to the elected officials and staff of all three counties for their continued leadership, collaboration, and dedication to the communities and agricultural foundation of the Klamath Basin.
THE FERGUSON GROUP FEDERAL REPORT
The Second Session of the 119th Congress is set to begin in January as Congress returns to Washington, D.C. after their extended holiday break. FY 2026 spending bills will be given top priority as the current temporary continuing resolution funding the government is set to expire on January 30. Other priorities include the potential for another Water Resources Development Act authorizing Corps of Engineers studies and projects and possible NEPA permitting reforms.
The National Marine Fisheries Service, a division of the National Oceanic and Atmospheric Administration, has denied Endangered Species Act protections to two chinook salmon populations in Oregon and California. The decision reverses course from a 2023 preliminary decision that found the species warranted the highest level of government protection, indicating concerns that habitat destruction could be threatening the fish, which was in a 25 year population decline. The NMFS decision is final and will not be subject to public comment.
The two populations include one along the Oregon Coast which includes spring and fall run chinook salmon from the Elk River north to the mouth of the Columbia River, and the southern Oregon and Northern California population composed of spring and fall run chinook salmon from Euchre Creek in Oregon through the Lower Klamath River in California.
In early December, just before the Christmas break, the U.S. House of Representatives passed legislation aimed at expediting National Environmental Policy Act processes intended to lead to faster approval of various projects. The legislation seeks to streamline NEPA reviews, limit plaintiffs’ ability to challenge reviews, and set shortened deadlines for filing lawsuits.
While the bill’s authors intend the bill to benefit energy projects in the short term, the bill is procedural rather than policy based and could also apply to water projects and housing. The chamber voted 221 to 196 to approve H.R. 4776, known as the SPEED Act, with 11 Democrats joining 210 Republicans in favor.
In the Senate, work on a bipartisan effort to advance permitting reform has been underway for several months, with Environment and Public Works Committee Chair Senator Shelly Moore Capito and the committee’s senior Democrat Senator Sheldon Whitehouse working behind the scenes to develop their own bill. Shortly after the House passed the SPEED Act, Senator Whitehouse announced that Senate Democrats were breaking off talks with Republican counterparts at least temporarily. Action in the Senate is still expected in the new year, though the timing remains in doubt.
By Mark Limbaugh and Chris Kearney.