Klamath Water Users Annual Meeting Highlights Resilience, Policy Momentum, and a Path Forward
The Klamath Water Users Association (KWUA) Annual Meeting held on April 7, brought together producers, agency leaders, and policymakers for an evening that balanced hard realities with renewed momentum and optimism for the future of the Klamath Basin.
The event drew a strong turnout with approximately 185 people in attendance, to hear speakers discuss the challenges facing the Klamath Project in 2026, growing engagement at the federal level, and progress on actions to bring stability to the Basin. The evening opened with recognition of the next generation of agricultural leadership, including newly elected Oregon FFA State President Anna Kliewer, a Lost River High School senior, and Dylan Orr, the newly elected Oregon FFA State Secretary from Henley High School.
Anna Kliewer spoke candidly about the hardships facing basin families amid ongoing water uncertainty but emphasized a deeper strength: community. Drawing from personal experience, she highlighted how agriculture is built on service, resilience, and neighbors supporting one another through adversity. Her message was clear: while water shortages impact livelihoods, the foundation of the agricultural community remains its people.
Federal Perspective: Policy Shifts
Keynote speaker Dustin Sherer, Senior Advisor in the Office of the Assistant Secretary for Water and Science at the U.S. Department of the Interior, provided a comprehensive federal perspective.
Sherer outlined several significant developments at the federal level. Among them was Secretarial Order 3446, which aims to reduce bureaucratic delays and accelerate project implementation. The order is designed to streamline permitting and allow local expertise to move solutions forward more efficiently, an issue long voiced by basin water users.
At a local level, after touring the Klamath Project earlier in the day, he spoke to the unique nature of the area, “The Klamath Project remains one of the most complex and tightly constrained water systems anywhere in the West,” Sherer said. “This basin has undergone more change in the last three years than many systems have in decades.”
He pointed to major structural and environmental shifts, highlighting that dam removal has fundamentally altered how water moves through the basin, requiring federal agencies to respond accordingly. At the same time, the return of salmon to areas they have not occupied for generations is driving the need for new infrastructure and facility improvements.Sherer also highlighted evolving regulatory conditions, noting that changes in ESA implementation and updated legal interpretations are beginning to support more practical, balanced Project operations. He explained that the recent reassessment for the Project clarifies that delivering water under existing contracts does not inherently trigger ESA compliance requirements, providing greater certainty for irrigators while informing a new round of ESA consultation following major Basin changes.
At the same time, district-level modernization efforts—including improved measurement systems, discussions around title transfer, and locally driven water movement proposals—are gaining traction.
“These changes are not simple, and they are not quick,” Sherer noted, “but they show a basin making moves to improve the way it does business.”
Despite these longer-term improvements, Sherer acknowledged the immediate challenge: the 2026 water year. Initial water availability for the Project falls well below demand, however, Reclamation continues to monitor current hydrology.
Throughout his remarks, Sherer emphasized partnership—stating that federal agencies are committed to working alongside local producers with greater transparency, flexibility, and responsiveness.
Adam Nickels, Acting Regional Director for Reclamation’s California Great Basin Region echoed many of Mr. Sherer’s remarks, but also communicated Reclamation’s commitment to the Project and all the contractors that Reclamation serves, stating:
“I believe that agriculture and growing food is a national security issue, and we should protect that. And that is my job to ensure that we get there.” Mr. Nickels visit to the Basin is one of several he has made over the last year as part of his commitment to these actions.
Local Leadership: Turning Challenges into Opportunity
KWUA President Scott Seus delivered one of the evening’s most detailed and forward-looking presentations, focusing on both immediate challenges and long-term solutions.
Seus acknowledged the pressures facing producers, particularly rising energy costs and reduced water availability, noting that power expenses alone are becoming a major threat to farm viability in the basin. However, he emphasized that KWUA is actively addressing these issues through policy engagement, rate interventions, and expanded technical capacity.
A central focus of Seus’s remarks was the “Tule Lake Flow-Through” concept—highlighting how the Klamath Project historically operated. Rather than treating agriculture and environmental needs as competing, it positions the Project as part of the solution.
Under this approach, water flows from Upper Klamath Lake through agricultural lands, where it is naturally filtered, before returning to the Klamath River cleaner and cooler. This process supports farming, wildlife refuges, and fish populations, including endangered suckers.
Seus also highlighted improved communication among stakeholders, including federal agencies and renewed dialogue with the Klamath Tribes, signaling a shift toward more cooperative problem solving.
“The reality,” Seus emphasized about Project farmers and ranchers, “is that we are part of the solution. The sooner that’s recognized, the better off we all are.” 
Elizabeth Nielsen and Wyatt Kane spoke to the work at KWUA over the last year, emphasizing the reassessment and reconsultation, legislative priorities, and engineering and technical work critical to progressing Tule Lake Flow Through. Wyatt described what has been accomplished so far thanks in part to a grant from the U.S. Fish and Wildlife Service to accomplish some of the engineering feats related to Flow Through (more details on page 10 of this Newsletter).
Elizabeth ended with a strong message about her commitment to the Basin, saying “At Klamath Water Users, everything we do is grounded in one thing: you, your farms, your ranches, your families, and the next generation. I think about that every single day, because I know what that life looks like. I know the work you’ve put in before you ever walk through your front door at night. I know the weight you carry; my family carries a similar weight. I want you to know that every decision we make at Klamath Water Users, every conversation, every effort is focused on making sure you are never forced to choose another path in life.”
Another important piece of the conversation came from Marc Staunton, President of the Klamath Project
Drought Response Agency (DRA) about the support the DRA will provide in 2026. In a year like this, these programs become critical for helping producers make it through tough conditions.
The 2026 DRA program will look familiar to many, with options for dry acres and partial-season participation. Based on current projections, the program is expected to support up to 50,000 acres, with payments estimated in the range of $300 to $350 per acre.
Producers should also be aware of key dates. The sign-up period is currently open and will close June 15, at 5 pm.
Looking Ahead
While the challenges of 2026 are substantial, the meeting highlighted a broader sense of direction. Federal policy adjustments, increased agency engagement, and locally driven innovation are converging at a critical time for the Project.
KWUA leadership reinforced that their focus remains on protecting farms, supporting families, and ensuring long-term stability for the region. At the same time, tools ranging from drought response programs to multi-year planning options are being developed to help producers navigate uncertainty.
The evening closed with a message from Vice President Mike McKoen that echoed throughout every speech: the Klamath Basin has faced hardship before, and its strength lies in its people, its adaptability, and its willingness to work toward solutions. Even in a difficult year, that foundation remains firmly in place.
The Ferguson Group Federal Report
By: Mark limbaugh & Chris Kearney
It was a busy month in DC — in both the executive and legislative branches.
On the executive branch front, the Trump Administration unveiled its long-delayed FY 2027 budget request to Congress for the Bureau of Reclamation, which totaled $1.27 billion in gross discretionary appropriations, including $1.1 billion for the Water and Related Resources account – the main operating account for the agency (a 24% decrease from current FY 2026 funding levels). BOR’s Klamath Project budget is proposed at $30.1 million, down slightly from last year’s enacted level of $31.5 million. The budget request did not include funding for the DRA. However, congressional supporters have been alerted, and efforts are underway to ensure it is included in the budget when Congress begins its process in the coming weeks.
In addition, the request eliminates or reduces funding for: WaterSMART grants; water recycling programs; local ecosystem restoration; and climate studies, reflecting an effort, the Administration says, to refocus Reclamation on its core water management mission in the West. Congressional appropriations subcommittees — in Klamath’s case, the subcommittee on Energy and Water in both the House and Senate — will now begin the process of writing their spending bills, which in the past have typically either ignored or softened proposed cuts in programmatic spending levels and have added popular programs eliminated in the budget request back into their appropriations bills.
In terms of the broader budget, the Senate has passed its version of the FY 2027 budget resolution, which kicks off a process that, once complete, is expected to provide several years of funding for ICE and Border Patrol in the Department of Homeland Security (currently shut down). The Senate resolution now goes to the House for approval. This is part of the Senate budget reconciliation process, which allows spending bills to bypass the Senate’s
60-vote filibuster threshold on a simple majority vote. We expect Congress to pass an additional funding bill reopening DHS shortly after the budget reconciliation process is complete.
On ESA reform, it is moving on two tracks. First, in the executive branch, the Fish and Wildlife Service (FWS) and NOAA Fisheries have submitted a proposal to the White House for review that would eliminate regulatory protections against habitat destruction, a significant narrowing of what constitutes “harm” to a species under the ESA.
On Capitol Hill, Rep. Cliff Bentz (R‑OR) has introduced HR 8259, the Federal Water Projects Consultation Improvement Act of 2026, which would require more structured consultation and information‑sharing with irrigation districts, contractors, and local stakeholders during ESA consultations that affect water deliveries. KWUA worked extensively with Rep. Bentz’s office on the bill and strongly supports it. A critical element of the bill is that it would not amend the ESA itself but would ensure that affected water users have the opportunity to review and comment on biological opinions and related analyses before they result in operational restrictions for projects like the Klamath Project – currently, agencies like KWUA have no opportunity to participate in the process. Executive Director Elizabeth Nielsen testified in support of the bill at a hearing before the Water, Wildlife, and Fisheries Subcommittee of the House Natural Resources Committee at the end of April.
Also on the legislative front, the ESA Amendments Act of 2025, H.R. 1897, which would reform the consultation process, is pending on the House floor (it was scheduled for a vote recently, then pulled from the schedule for reasons that are unclear). Republicans argue the bill is needed because ESA has failed to recover species, while Democrats and conservation groups warn the bill could trigger mass extinctions.
Turning to the courts, the Supreme Court has asked EPA to respond to a petition that could bring the justices back to the question of federal wetlands jurisdiction under the Clean Water Act with significant implications for the agency’s pending “waters of the U.S.” (WOTUS) rulemaking. The case, Andrews v. United States, involves a Connecticut farmer who argues the Second Circuit incorrectly upheld federal authority over his wetlands despite the lack of a continuous surface water connection to covered waters, a standard established in the Supreme Court’s landmark 2023 Sackett decision. Legal observers say if the Court takes the case, it likely would clarify what constitutes a “continuous surface connection,” a term Sackett left undefined and one EPA and the Army Corps are currently grappling with in their proposed WOTUS rule, which is expected to be finalized this summer.
A coalition of Republican-led states filed an amicus brief supporting the petition, arguing that lower courts have failed to faithfully apply Sackett and that federal regulatory overreach continues to impose significant costs on states, municipalities, and landowners.
District Meetings
- Tulelake Irrigation District’s Monthly Board of Directors meeting will be held on May 11, at 8 pm at the TID office.
- KWUA’s Monthly Board of Directors meeting will be held on May 12, at 2 pm at the KWUA office.
- Klamath Project Drought Response Agency Board of Directors meeting will be held on May 13, at 11 am at the KWUA office.
- Klamath Irrigation District’s Monthly Board of Directors meeting will be held on May 14, at 1 pm at the KID office.
- Klamath Drainage District’s Monthly Board of Directors meeting will be held on May 21, at 1 pm at the KDD office.
Klamath Project Operations Update
Water Supply
This water year is shaped by very low snowpack and snow drought conditions, along with early spring-like weather, which reduced runoff and inflows into Upper Klamath Lake (UKL). In addition, the Project is operating under 2024 procedures, as the new reconsultation (resulting from the 2025 reassessment) will not be completed in time to affect the 2026 water year.
- Water availability from UKL to the Project as announced by the Bureau of Reclamation on April 6 is 221,000 acre-feet — well short of Project demand.
- Reclamation announced Warren Act contractor availability at 0.75 acre-feet per acre.
Lake & Inflow Conditions
- Basin inflow since October 1 is approximately 650,000 acre-feet — below the historical average of well over 700,000+ acre-feet for this time of year.
- UKL is dropping about 0.02 feet per day (~2,070 AF/day net loss) even as average daily inflows run ~2,096 AF/day — outflows and evaporation are outpacing what’s coming in.
- Irrigation diversions to date: roughly 20,000 acre-feet.
River Operations
- Keno Dam releases are transitioning from the April minimum of 1,000 cfs to the May minimum of 900 cfs per NMFS biological opinions.
Advancing Transparency and Local Input; New ESA Legislation and KWUA Testimony
On April 14, Congressman Cliff Bentz (R-OR) introduced H.R. 8259, the Federal Water Projects Consultation Improvement Act of 2026, legislation aimed at improving transparency and ensuring meaningful input from local water users in the operation of federal water projects.
Drafted by KWUA and identified as one of our top priorities for the Trump 47 Administration, the bill focuses on strengthening coordination under the Endangered Species Act (ESA), particularly during federal consultation processes that can significantly impact water deliveries to agricultural producers, municipalities, and rural communities.
In an April 15 press release, Congressman Bentz emphasized the importance of local involvement: “Water is the lifeblood of the West, and the people who rely on it deserve a voice in decisions that affect it. Too often, those decisions are made without adequate input from local contractors, irrigation districts, and the communities that depend on these projects. My legislation changes that by ensuring affected parties have a seat at the table.”
This week, KWUA Executive Director Elizabeth Nielsen was invited to testify before the House Committee on Natural Resources, Subcommittee on Water, Wildlife, and Fisheries. In her testimony, she highlighted a critical gap in the ESA consultation process:
“When federal actions may affect endangered species under the Endangered Species Act, agencies must complete a “section 7 consultation.” During this process, wildlife agencies determine whether an action could harm listed species and, if so, what changes are required.
These decisions can have significant, real-world consequences. When consultations result in reduced water deliveries, the impacts are immediate and far reaching, lost crops, increased costs, harm to rural communities, and often times harm to wildlife and fisheries, including threatened and endangered ones.
Despite these stakes, there is a critical gap in ESA consultation. Federal water contractors—the entities that hold contracts with the federal government to receive and deliver this water—have no guaranteed role in the consultation process. Participation is left to agency discretion, and in our experience, the process has often been inconsistent, unpredictable, and lacking transparency.
This is especially concerning because water contractors have substantial financial and operational responsibilities, buy also have substantial water management knowledge to bring to the table…water contractors can bring essential, on-the-ground knowledge about water management, infrastructure, day to day activities of the lands served, and local conditions, information that can improve both the accuracy and durability of agency decisions.
These entities are very astute as to how to manage water not only for their operations, but to benefit wildlife and fisheries. They have unique experience about how to support species, and many times can provide direct benefits, including habitat improvements.”
The Federal Water Projects Consultation Improvement Act of 2026 would close this gap by requiring federal agencies to provide contractors with ongoing opportunities to engage during ESA consultations; increase transparency around biological assessments and biological opinions; clearly explain the scientific and legal basis for actions that could reduce water deliveries; and allow affected entities to review and comment on draft biological opinions.
KWUA extends its appreciation to Congressman Bentz for introducing this important legislation, Representative Russ Fulcher for co-sponsoring the bill, and the many organizations that have voiced their support, including the Family Farm Alliance, Oregon Water Resources Congress, Idaho Water Users Association, Washington Water Users Association, and the Tri-Counties.
Proud Sponsor of KWUA: MBK ENGINEERS: 30 years in the Basin
When offered the opportunity to contribute a brief article for the KWUA newsletter, we were honored.
We found it difficult to put 30 years of working with the folks of the Klamath Basin into a few words, but it provided an opportunity to reflect on our shared history.
MBK was selected in 1996 to assist with preparation of filing the claims in the Klamath Adjudication. We brought extensive experience in water rights, federal contracts, and agricultural water management to support that effort. Just as important, the leaders of the Basin took the time and effort to share their extensive knowledge of the operations and on the ground practices. This insight was invaluable and even included a requirement to hand-harvest potatoes.
MBK’s work within the Klamath Basin has continued over the years and includes participating in the Klamath Basin Restoration Agreement negotiations, testifying at the Public Utilities Commission, preparing reports and testifying in regard to the 2001 Takings Case, and development of the On-Project Plan. The preparation of the On-Project Plan was a significant undertaking and is a product that can be used for years to come. MBK is currently assisting the Drought Response Agency to implement programs during drier years to attempt to align supply and demand. In addition, we are helping to manage the Groundwater Sustainability Plan on behalf of Tulelake Irrigation District, and providing direct assistance to Reclamation to ensure the modeling of various actions is accurate and representative. We have been especially pleased when individual districts and individual water users requested engineering assistance from MBK.
As we reflect on nearly three decades of work in the Basin, what stands out the most is the character of the hard-working individuals of KWUA, including all staff and those that work the land. They have taught us lessons of hard work, teamwork, respect, and honor. The relationships we have formed continue today and have passed into the next generation. As we look to the future, we hope that MBK can continue to support and work alongside the folks of the Klamath Basin for many years to come.
KWUA Intervenes in PacifiCorp Rate Case to Protect Northern California Agriculture
As reported in last month’s newsletter, a recent filing by PacifiCorp with the California Public Utilities Commission (CPUC) could have significant implications for customers across Northern California, particularly within the agricultural community, if approved. PacifiCorp is seeking to recover approximately $350.5 million in wildfire-related costs tied to the 2020 Slater Fire and the 2022 McKinney Fire. This request could result in an estimated 19% increase in electricity rates within its California service area.
Recognizing the potential burden on farmers, ranchers, and the approximately 40,000 customers in PacifiCorp’s Northern California territory, KWUA filed a motion for party status in the case, which has been approved. KWUA is coordinating closely with our contractor, Lloyd Reed, as well as Modoc and Siskiyou counties and the California Farm Bureau, as we prepare for upcoming filing deadlines later this year.
On the Oregon side, PacifiCorp has filed with the Oregon Public Utility Commission (OPUC) for a 2027 Transitional Adjustment Mechanism (TAM) rate adjustment, proposing a 2.3% decrease. This annual filing updates the company’s forecasted net power costs for the following year. Additionally, PacifiCorp did not file a general rate case by the Oregon PUC’s April 1 deadline.
Tule Lake Flow-Through Update: Advancing Infrastructure, Habitat, and Water Quality Efforts
By: Wyatt Kane, KWUA Water Resource Project Manager
Tule Lake Flow-Through is a multi-benefit water management concept that moves water from UKL through existing Klamath Project infrastructure, across agricultural lands, through Tule Lake and Lower Klamath National Wildlife Refuge wetlands, and finally back to the Klamath River. Rather than treating the system as a separate delivery and drainage-focused path, Flow-Through views conveyance infrastructure, farms, wetlands, and the Klamath River as one massive connected hydrologic network. The goal is to route nutrient-rich water coming from UKL through working lands and managed wetlands where it can be filtered and cooled before returning to the river. In doing so, the concept helps meet water quality requirements, restores habitat for native fish and migratory bird species, supports groundwater recharge, sustainable agriculture, and native fish recovery.
Initial work funded through a U.S. Fish and Wildlife Service grant, and managed by KWUA, is continuing to advance four very important pieces to this effort. In partnership with our contractor Jacobs Engineering, they are as follows:
- We are currently obtaining survey data on sections of the Lost River Diversion Channel below Anderson Rose Dam to support a habitat rehabilitation design for endangered sucker species.
- We are also well into planning and working on the clean out of the Pumping Plant S structure in the Tule Lake National Wildlife Refuge, so the rehabilitation of the pumping plant can move forward, ultimately leading to more efficient movement of water.
- We are working with Klamath Irrigation District on flow measurement devices to be added to the existing C Siphon spill structure within the district’s boundary.
- In addition, the 2026 water quality monitoring plan is nearly complete, with sampling expected to begin on April 26 and focus on recirculation testing in the refuge wetlands and nutrient loading measurements in key locations within the Project system to support future modeling and filtration analysis.