The Agreements do not terminate any Tribal Rights
It is the position of the Yurok, Karuk and Klamath Tribes that in order the meet Tribal Trust responsibilities of Tribes that actively fish the Klamath River, the United States is obligated to actively participate in these agreements which have been collaboratively developed by a broad and diverse array of stakeholders and serve as the blueprint for the greatest basin wide river restoration effort ever attempted in United States history.
Neither the KBRA nor the KHSA provides that any Indian tribe, whether it endorses the settlement agreements or not, will have its water rights "terminated" or otherwise adversely affected.
As an exercise of their authority as sovereign Indian nations, and consistent with their senior water rights in the Basin, the Yurok, Karuk and Klamath Tribes agree that the Reclamation Project farmers may continue to divert water and maintain their agricultural operations if several conditions are met. First off, the diversions must be substantially reduced and not exceed the agreed upon diversion limitiations described in the KBRA. This limitation, along with an expansion of the natural water storage capacity of Upper Klamath Lake by 100,00 acre-feet and the retirement of 30,000 acre-feet of water use above Upper Klamath Lake will greatly improve flows in the Klamath River, particularly in dry water years. In return for greater certainty of water deliveries, the farmers agree to a substantial reduction in diversions and to support removal of the lower four Klamath River dams.
The Trinity River Record of Decision (2001) is not affected by these agreements. The settlement parties deliberately included explicit language to preserve the integrity of the Trinity restoration program. Consistent with that position, funding for the Trinity River restoration remains entirely distinct from that proposed for the Klamath River.(section 1.7, KBRA)