Klamath Restoration Agreements

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The Klamath Agreements DO NOT affect the Endangered Species Act

537sl087c1Currently, Klamath River flows are regulated and established pursuant to a biological opinions that are specific for ESA listed coho salmon, and in the Upper Basin, the Lost River and shortnose suckers. Since there is not real limit on irrigation diversions today, all the river ever sees are these ESA minimums which must meet the weak and limited legal standard of preventing the extinction of these listed species while ignoring the needs of chinook salmon, steelhead, lamprey and other species. Since the mandated ESA minimum flows are rarely exceeded, they effectively cap flows for fish.

Through the KBRA, we seek to significantly enhance river flows from the very top of the system (in the Sprague, Williamson, and Wood River Valleys) to the mainstem Klamath River and manage the newly available water to better meet the needs of the entire Klamath ecosystem.

Measures to increase water availability for fisheries include:

1) an irrigation cap on diversions to the Klamath Irrigation Project

2) permanent water retirement programs in the Williamson, Sprague, and Wood River Valleys

3) increasing the natural storage of Upper Klamath Lake.

Together, these measures ensure more water in the river in the majority of years. Still, in dry years, we must rely on the ESA to set minimum flows. In other words, the ESA will serve its purpose as a safety net instead of a comprehensive mangement tool.

In no way, shape, or form is the applicability of the ESA limited through the Klamath Agreements. The following sections of the KBRA clearly establish this intention.

2.1. Compliance with Legal Responsibilities.

Except as otherwise expressly provided, by entering into this Agreement, each Party represents that it believes that this Agreement is Consistent with its statutory, regulatory, or other legal obligations for conservation, use, or management of affected resources of

the Klamath River Basin. In the implementation of this Agreement, Public Agency Parties shall comply with existing legal authorities, including National Environmental Policy Act, Endangered Species Act, Clean Water Act, and other Applicable Law, and shall act Consistent with the terms of the Authorizing Legislation.

19.1 Purpose and Scope of Drought, Climate Change, and Emergency Plans

The Parties intend that the obligations and the bargained-for benefits of this Agreement are fulfilled and realized in all circumstances, including Drought and extreme Drought, Emergency circumstances, or long-term climatic conditions which cannot now be predicted foreseen. In the instances of Drought and Extreme Drought, Emergency, or climatic changes, the Parties intend that water and resource management actions be taken such that no Klamath Basin interest shall bear an unreasonable portion of burdens imposed or the risk of loss or injury. Nothing here is intended to limit the applicability or effect of the Endangered Species Act or other Applicable Law.

20.3.1 Water Rights and other Legal Requirements

Management of Managed Environmental Water will be Consistent with: (i) Applicable Law, including obligations of Reclamation and other Parties under the ESA; (ii) any related secondary rights to use the stored water, as well as consistent with senior water rights, and (iii) this Agreement

22.5 Reservation of Rights

By entering into this Agreement, NMFS and FWS are not prejudging the outcome of any process under the ESA and NMFS and FWS implementing regulations, and NMFS and FWS expressly reserve the right to make determinations and take actions as necessary to meet the requirements of the ESA and implementing regulations. 

20.3.1 B. iii. (5)  Assurances Before Diversion Limitations Are In Effect

Before Appendix E-1 is in effect as provided in Section 15.3.1.A or 2017, whichever is earlier, a Party other than Federal and State Public Agency Parties shall not seek to enforce Applicable Law to impose limitations on the water quantity for diversion, use, and reuse in the Klamath Reclamation Project, unless… the Party believes that the water quantity diverted for use and reuse in the Klamath Reclamation Project may result in jeopardy of listed Species under the Endangered Species Act or other prohibited impact to the natural resources of the Klamath Basin under other Applicable Law... 

Featured Links: 

California ESA and KBRA Fact Sheet 

 
 



Did You Know?

Water Shut-off Highlights Need for Klamath Agreements

Karuk Tribe

P R E S S  R E L E A S E

For Immediate Release: March 18, 2010

For more information: Craig Tucker, Klamath Coordinator, Karuk Tribe, cell 916-207-8294

 

Drought Highlights Need for Klamath Agreements

Fish and Farms would be better off today if the Klamath Restoration Agreements where already in place

 Orleans, CA – Today Secretary of Interior Salazaar addressed the current drought situation in the Klamath Basin by breaking the hard news to irrigators that water deliveries will be reduced to 30-40% of average. Before agricultural deliveries can be made, the Bureau of Reclamation must first ensure that the water level in Upper Klamath Lake and the flows in the Klamath River meet minimal requirements to allow for the survival of ESA listed suckers and coho salmon.

 “It’s a difficult year for everyone. Even though irrigation deliveries are being dramatically cut, the water fish are getting only meets the minimal amount needed to avoid extinction. It’s barely enough water to keep the fishery on life support,” according to Leaf Hillman, Director of Karuk Natural Resources Department.

 The current situation is due in large part to a lack of precipitation, but if fisheries managers had the flexibility to manage the system in the manner prescribed by the recently signed Klamath Basin Restoration Agreement, more water would be available for fish in the crucial spring months ahead and more water would be available for agriculture as well.

 The current management plan prescribes winter flows in the river without considering weather events in real time. In a dry winter like this one, the result is that flows are held steady even in the face of deteriorating hydrologic conditions. Under Real Time Management, flows would have been pared back to better reflect the weather conditions in real time. This approach would have allowed resource managers to provide more water to the river in the spring when fish need it most, left more water in Upper Klamath Lake for suckers, and more management flexibility in meeting irrigation needs.

 According to Hillman, “We basically ran up a water deficit this winter gambling that a late season storm would bail us out, but the rains never came. Implementation of the Klamath Restoration Agreement would provide a more sound approach to water management.”

 In addition, the Real Time Management Plan called for by the KBRA would restore some of the Klamath’s natural hydrograph. This means river flows would be greater during storm events and less during dry periods. Current management calls for flat line flows out of Iron Gate Dam which is bad for fish. “Flat line flows contribute to the algae and fish disease problems on the Klamath by creating a stable environment for algae and disease carrying parasites to flourish. If we mimicked the river’s natural flow pattern with normal flow variability, it would help these problems greatly,” according to Karuk Senior Fisheries Biologist Toz Soto.

 Tribes are offering to support disaster relief measures to help farm families through the season. “Hopefully, we can get the Klamath Restoration Agreements enacted by congress this year and avoid a crisis like this in the future. Until then, Tribal and fishing communities will need to support our neighbors in farming and ranching as they brace for a year of economic hardship,” said Hillman.

 

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Technical memo describing how KBRA management would have helped address this year’s drought