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Klamath Drainage District Hosts Meetings About Lower Klamath Projects

Handouts on a table at Klamath Drainage District's October 29th, 2024 PL-566 Projects comments meeting held at Klamath Community College.

Big changes for irrigation efficiency and modernization – as well as for habitat restoration – are getting underway in the Klamath Basin. 

With several of those projects happening in the Klamath Drainage District (KDD), the district held two meetings to gather public comments and to inform KDD landowners and neighboring interests about reconnecting the Klamath River to Lower Klamath Lake.

Public Comment Meeting

KDD recently received confirmation from the Farmers Conservation Alliance (FCA) that its Modernization Project Draft Watershed Plan has been approved by the Natural Resources Conservation Service (NRCS). As part of the process, KDD needed to hold a meeting to educate the public about the projects and gather public comments.

NRCS Watershed Program Manager, Gary Diridoni, presenting to Klamath Drainage District's meeting audience at Klamath Community College.
Gary Diridoni, NRCS Oregon Watershed Program Manager, going over the requirements for PL-566 projects.

The meeting was held on October 29th at Klamath Community College’s Conference Center. KDD Manager, Scott White, kicked off the meeting at 11 am, sharing details about the drainage district and why they sought PL-566 project funding from the NRCS.

“We have a lot of infrastructure things we want to do on the district,” White said. “We are limited in our financial resources, so we look for opportunities that are out there to help us pursue some of those things we want to do and not put as much of a burden on our landowners.”

Farmers Conservation Alliance Watershed Planning Program Manager, Raija Bushnell, presenting to KDD's meeting audience at Klamath Community College.
Raija Bushnell, FCA Watershed Planning Program Manager, discussing part of KDD’s Draft Watershed Plan.our landowners.”

Following White’s opening comments, Gary Diridoni, NRCS Watershed Program Manager. Diridoni covered PL-566 requirements, emphasizing that all PL-566 projects must have benefits for agriculture and rural communities. 

Before wrapping up the presentations, Raija Bushnell, FCA’s Watershed Planning Program Manager spoke about the planning process and dove into details about the projects, how they came about, and the benefits these projects provide. The projects she covered include:

    • North Canal Extension across State Line to the Lower Klamath National Wildlife Refuge (which includes upgrades/enlargement)
    • North Canal Fish Screen at the Klamath River
    • Straits Drain Pumping Plants E&F Upgrades and transfer of works to KDD
    • Supervisory Control and Data Acquisition (SCADA) system throughout the district for improved automation and data acquisition

Overall cost of the projects is $16,878,000 with PL-566 funds covering 75% of the total. Construction for all of the projects is expected to take three years.

After the presentations, attendees talked to representatives from the NRCS, FCA, and KDD’s Manager.

KDD board member, Luther Horsley, thanking Greg Baker of the NRCS for taking time to visit the Klamath Basin and attend the meeting.
KDD landowner, Lynn Long, discussing the projects covered in the meeting with Raija Bushnell, FCA.
KDD Manager, Scott White, talking about KDD’s Infrastructure Modernization Project with meeting attendee.

The public comment period opened on October 11th, and comments will be accepted until November 15th. To learn more about submitting a comment about the Klamath Drainage District’s Infrastructure Modernization Project, visit https://klamathdrainagedistrict.org/2024/10/08/public-comments-sought-for-klamath-drainage-district-infrastructure-modernization-project/.

For those interested in viewing this meeting, FCA has it available at https://fcasolutions.app.box.com/s/24qbnkxvdqon8ph2lg19od44wz8cb9ck. 

Lower Klamath Landowner/Stakeholder Meeting

The following week, on November 4th, KDD held another meeting in Dorris, CA, at the Butte Valley Community Center. Doors opened at 11 am, with guests being greeted with the aroma of lunch catered by Melissa’s Country Kitchen.

Scott White, KDD Manager, presenting to audience in Dorris, CA.
Scott White, KDD Manager, discussing the Klamath Reconnection project with meeting guests at the Butte Valley Community Center in Dorris, CA.

The purpose of this meeting was to discuss reconnecting Lower Klamath Lake and the wildlife refuge to the Klamath River via the Ady Canal. 

Though the Klamath Reconnection project has wide support from a variety of partners and stakeholders, KDD Manager, Scott White, wanted to ensure landowners and stakeholders neighboring the district were informed about reconnection details and that a key component of the project is to identify and secure sustainability for growers in the region.

Along with White, representatives from the Modoc Nation and the Klamath Basin Refuges were in attendance to answer questions about the Klamath Reconnection, its benefits, and potential challenges.

White opened the meeting with a brief history of the Klamath Drainage District and a discussion about KDD and its relationship with the Lower Klamath National Wildlife Refuge. He recalled an older grower once telling him, “We need that refuge just as badly as that refuge needs us.”

The district manager went on to explain that when LKNWR goes dry, it causes a variety of problems for the district ranging from birds needing fields for habitat to water security. White also emphasized that the only way the reconnection project could move forward is that growers and landowners receive protection from the Endangered Species Act with salmon and sucker fish potentially swimming in the district’s canals.

The project has received $2 million for feasibility analysis of the concept. To date, there has been update LiDAR and sonar done in the region and the alternatives planning phase is currently underway. 

Following White, Ken Sandusky, Homelands Project Manager for the Modoc Nation, discussed the microclimatic implications of the reconnection project as well as how it would benefit the ecosystem on the whole.

Ken Sandusky, Modoc Nation Homelands Project Manager, presenting to audience in Dorris, CA for KDD's Klamath Reconnection landowner meeting.
Ken Sandusky, Modoc Nation Homelands Project Manager, sharing projects being worked on by his crew.

The Modoc Nation has a 3,200 acre ranch bordering the southern end of LKNWR. According to Sandusky, the Modoc Homelands are the hardest hit when the refuge goes dry. While there’s a lot of focus on habitat on the Upper Basin, Sandusky sees the Modoc Homelands not receiving as much attention.

“You can’t sacrifice a huge landscape within the system and expect other restoration efforts to be successful,” said Sandusky. “Everything is interconnected.”

Sandusky also pointed out the microclimate benefits of getting water back on the Lower Klamath landscape. While the wetlands would suffer evaporation during the summer months, 60% of that water goes back into the local system. He also talked about the need for more management of public lands, with juniper removal being another way to free up water to a historically wet area.

Acting Klamath Basin Refuge Complex manager, Ken Griggs, spoke after Sandusky. Griggs opened his discussion by commenting that 50,000 acres of refuge habitat are “offline” with the exception of only a few units. 

Ken Griggs, Acting Klamath Basin Refuge Complex Manager, presenting to guests at the KDD Klamath Reconnection Meeting held in Dorris, CA.
Ken Griggs, Acting Klamath Basin Refuge Complex Manager, told attendees how the Klamath Reconnection project will impact Lower Klamath National Wildlife Refuge.

“In our current state of affairs, we are not meeting our purpose or mission as America’s first waterfowl refuge,” stated the manager.

Griggs says now, the refuge is working with anyone they can to get water back on the landscape, reversing the management of previous refuge managers. They’re also looking at a more holistic approach to benefit the ecosystem and the greater good, versus the previous philosophy of single-species focused.

The last presentation was from John Vradenbug, supervisory biologist for the Klamath Basin Refuge Complex.

Vradenburg said the wetlands are telling us something has changed dramatically. Birds that once stopped in the Klamath Basin are now passing the region by, and the Klamath Reconnection project will get the landscape inline with how it’s been historically. 

Though Vradenburg is optimistic about the benefits of the project, he discussed some of the unintended consequences, such as its effects on infrastructure, the need to ensure the water budget isn’t compromised, and asserted that KDD growers are protected. 

John Vradenbug, Supervisory Biologist for the Klamath Basin Refuge Complex, talking with KDD landowner, Sam Henzel, at KDD's Klamath Reconnection landowner meeting in Dorris, CA.
John Vradenbug, Supervisory Biologist for the Klamath Basin Refuge Complex, talking with KDD landowner, Sam Henzel, about the Klamath Reconnection project.

“We tried to be really thoughtful in making sure we didn’t compromise the water budget – because that’s a stress. We wanted to make sure that we were always meeting this larger flow-through desire of nutrients and filtration,” said Vradenburg. “And we always wanted to keep with what Scott’s been hammering on – we cannot do any of this without protections on KDD because we are inviting endangered species onto our landscape.”

When Vradenburg’s discussion about the intricacies and effects of the Klamath Reconnection project finished, the panel took questions from the audience. Conversations following the presentation and Q&A were positive.

Attendees at Klamath Drainage District's Klamath Reconnection landowner meeting discussing projects.
After the presentations, meeting attendees took advantage of being able to ask questions and have discussions about LKNWR and the Klamath Reconnection project.

The project has garnered support from Oregon and California as well as federal agencies, conservation groups such as Ducks Unlimited, California Waterfowl Association, and Trout Unlimited; agricultural groups such as Family Water Alliance and Klamath Water Users Association; the Klamath Watershed Partnership, and Klamath Basin Tribes.

Other projects in the Klamath Project and around the Klamath Basin 

Though these two meetings were about projects happening in KDD, there are several other habitat restoration projects happening in the Klamath Basin and on the Klamath Reclamation Project:

Agency-Barnes Wetlands Project – In a collaboration between the Klamath Tribes, Ducks Unlimited, and the United States Fish & Wildlife Service, over 14,000 acres of wetland for waterfowl and C’waam and Koptu habitat.

Sprague River Collaborative Restoration Project – Running through 2025, this Upper Basin Collaborative project’s goals are to restore 26 miles of tributary streams and rivers in the Upper Sprague River watershed; develop plans for instream and floodplain restoration on the mainstem Sprague River to improve the shallow groundwater table, enhance water quality and habitat for future watershed restoration; and lastly, create and implement an Agricultural Resiliency Toolbox (ART) that directly benefits participating landowners to emphasize a commitment to voluntary, incentive-based approaches to advance agricultural and environmental resiliency.

Tule Lake Flow Through Infrastructure Improvement – The flow-through project is aimed at increasing water availability for Klamath ag and also cleaning water before it goes to the Klamath River by pushing it through wetlands.

Lake Ewauna Restoration for the Benefit of People, Fish and Wildlife – On the shoreline of Lake Ewauna in downtown Klamath Falls, this project will restore and develop the wetlands in the area along with instream improvements to the Link River to benefit native fish populations as well as waterfowl.

Upper Williamson River Restoration – This is the second phase of a project to improve fish passage to over 26 miles of the upper Williamson River and reconnect wetlands and riparian areas in the Klamath Marsh National Wildlife Refuge.

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Public Comments Sought for Klamath Drainage District Infrastructure Modernization Project

Water flowing from Ady Canal in the Klamath Drainage District to Unit 2 in the Lower Klamath National Wildlife Refuge

Public Comments Sought for Klamath Drainage District Infrastructure Modernization Project

In-person public meeting Tuesday, October 29, 2024

Contact: 

Lauren Bennett, NRCS Oregon
Public Affairs Officer
Email: Lauren.Bennett2@usda.gov
Phone: 503-414-3220

Scott White, Klamath Drainage District
General Manager
Email: scott.white@klamathdrainagedistrict.org
Phone: 541-884-1739

Klamath County, OR – (October 11, 2024) – The U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) in Oregon in partnership with Klamath Drainage District (KDD or the District) as the project sponsor and U.S. Bureau of Reclamation and U.S. Fish and Wildlife Service as cooperating agencies, proposes to modernize KDD’s irrigation infrastructure to improve KDD’s irrigation water availability and reliability, water quality, and KDD’s capacity to deliver water to the Lower Klamath National Wildlife Refuge (LKNWR) and patrons. NRCS reviewed the potential impacts of the KDD Infrastructure Modernization Project and released a Draft Watershed Plan-Environmental Assessment (Draft Plan-EA) on October 11, 2024.

KDD proposes to install a fish screen at North Canal Diversion on the Klamath River; modify the North Canal to increase flow capacity and extend it to the P-1 lateral; install a pipeline to recirculate water from the Klamath Straits Drain into the Center Canal; upgrade the E and F pump stations; and install 14 monitoring and telemetry systems, and four automated gates throughout the District.

By modernizing infrastructure, the proposed project would enable KDD to improve water management within its conveyance system and benefit fish populations in the Klamath River by preventing fish from getting trapped in KDD’s canals. By reducing water use inefficiencies, the proposed project would improve water quality in the Klamath River. The project would also allow KDD to supply additional water to the LKNWR, which would increase critically needed habitat for wildlife.

The project is sponsored by KDD, with funding and technical support from NRCS. Farmers Conservation Alliance is assisting NRCS with the planning process.

Members of the public are invited to learn about the proposed project, participate in a question- and-answer session, and provide feedback during a public meeting held in-person on October 29 from 11 a.m. to 12 p.m. Meeting details are as follows:

In-Person KDD Public Meeting

Tuesday, October 29, 2024

11 a.m. to 12 p.m.

Klamath Community College Conference Center

7390 S 6th St, Klamath Falls, OR 97603

A recording of the public meeting will be available at watershedplans.org/Klamath-dd after the meeting. The Draft Plan-EA can be viewed online at watershedplans.org/Klamath-dd or a printed copy of the Draft Plan-EA is available at the KDD Office (4240 Highway 39, Klamath Falls, OR 97603).

Public comments on the Draft Plan-EA may be submitted from October 11, 2024, through November 15, 2024. Comments may be emailed to klamathdd.comments@gmail.com, submitted online at watershedplans.org/Klamath-dd; left as a voice message at the Farmers Conservation Alliance office at (541) 716-6085; or mailed to: Farmers Conservation Alliance, Attn: KDD Plan, 102 State Street, Hood River, OR, 97031.

After the public comment period, NRCS will evaluate the comments and incorporate relevant comments into a Final Plan-EA. If NRCS issues a Finding of No Significant Impact for the project and authorizes the Final Plan-EA, KDD would be able to apply for funding to construct infrastructure improvements through the NRCS Watershed Protection and Flood Prevention program, authorized by Public Law 83-566. Through this program, NRCS provides technical and financial assistance to local organizations (project sponsors) for planning and carrying out watershed projects for the purpose of watershed protection, flood prevention, erosion and sediment control, water supply, water quality, and fish and wildlife habitat enhancement. Additional information is available online at watershedplans.org or the NRCS Oregon public notice webpage.

The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities or a request for a Spanish interpreter should be made at least 48 hours before the meeting to David Mueller at (541) 716-6085 or david.mueller@fcasolutions.org. 

USDA is an equal opportunity provider, employer, and lender.

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KDD Responds: Klamath Ag Supports Klamath Basin Refuges

Waterfowl taking advantage of water in Unit 2 of the Lower Klamath National Wildlife Refuge along Stateline Road.

Recently, the Oregonian published a letter from Mary Hayden of Oregon City about the conditions of the Tule Lake Wildlife Refuge and the potential avian botulism outbreak on the scale of 2020. In her letter, Ms. Hayden offered her thoughts on a solution – “cash out the farmers” and “give the water to the birds.”

Unfortunately, when it comes to Klamath Basin water issues, this is a popular, short-sighted reaction by those whose communities are not dependent upon Klamath ag. 

Water flowing from Ady Canal in the Klamath Drainage District to Unit 2 in the Lower Klamath National Wildlife Refuge
Water flowing from KDD patrons to Unit 2 in the Lower Klamath National Wildlife Refuge in May, 2024.

This way of thinking also doesn’t take into account the work and advocacy Klamath Basin family farmers and ranchers do on behalf of the birds of the Pacific Flyway or area wildlife. Nor does it appreciate the tangled political web of the power of the Federal government, the Endangered Species Act, or water rights that put these refuges last in line and create “paper droughts” affecting farmers and waterfowl alike.

The notion that Klamath ag is “watering the desert” while advocating for sending water to area refuges shows there’s a misunderstanding about the hydrology of the Klamath Basin. Before settlers came to the area, water flowed throughout the Klamath Basin and settled in low-lying areas creating a vast network of shallow lakes and marshlands between Tule Lake and Lower Klamath Lake. The first people of this area, the Modocs, hunted, fished, and gathered food in these marshlands and lakes.

When the Klamath Project was created, many of those areas were converted to rich farmland. 

In our district, the Klamath Drainage District (KDD), 27,000 acres of marshland was converted to farmland, leaving over 80,000 acres of the original Lower Klamath Lake as the nation’s first waterfowl refuge. During spring and fall migration, our district provides habitat and food for birds traveling the Pacific Flyway.

Lower Klamath National Wildlife Refuge, Unit 3, teeming with pelicans, egrets, and ducks.
The water sent to Unit 2 and Unit 3 on the Lower Klamath Wildlife Refuge encouraged species variation not seen in decades.

KDD has also been a partner with Lower Klamath National Wildlife Refuge, sending much-needed water from the district to the refuge when other stakeholders and the Bureau of Reclamation refused to send water to these wetlands. KDD has worked with conservation groups such as Ducks Unlimited and California Waterfowl on habitat restoration efforts as well as getting water to Lower Klamath.

KDD and the Klamath Water Users Association (KWUA) have been vocal supporters of the Klamath Basin Refuges, with KWUA sending a letter to the Bureau of Reclamation urging the Bureau to send water to the refuges to head off the impending avian botulism outbreak. 

Even today, Tulelake Irrigation District and the Klamath Drainage District are working on plans that not only provide water to these historic refuges, but also send cleaner, cooler water down the Klamath River for salmon.

A field of potatoes being harvest in the Klamath Drainage District.
Potato harvest in Klamath Drainage District. Every dollar generated by Klamath Basin Ag is passed through the community nine times.

Regardless if Klamath Basin ag were cashed out at a fair price, this one-time payout would devastate our communities and the very people working diligently to preserve the refuges that includes a sustainable supply of water. Every dollar created by Klamath ag is passed through the community nine times, more than any other industry in our region. Thousands of workers would be unemployed, and businesses tangentially connected to agriculture would fold. 

We haven’t even touched on the nation’s challenges surrounding the loss of farmland and farmers and its effects on national food security.

KDD and Klamath Basin family farmers and ranchers are allies to our refuges, not enemies. While it’s easier to demonize Klamath ag than to appreciate it, we recognize our future is directly tied to the Klamath Basin ecosystem. If Ms. Hayden is interested, we’d love for her to pay a visit to our district to learn more about the incredible work we and our partners are doing on behalf of the Lower Klamath National Wildlife Refuge.

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Lower Klamath National Wildlife Refuge Needs More Water Despite Improved Conditions

Ruddy Ducks in Unit 2 of the Lower Klamath National Wildlife Refuge.
Waterfowl taking advantage of water in Unit 2 of the Lower Klamath National Wildlife Refuge along Stateline Road.
Though Lower Klamath National Wildlife Refuge still has some water, the hot, dry summer is quickly drying it out.

Lower Klamath National Wildlife Refuge looks different this summer than it has for the last several years.

Thanks to the efforts from the Klamath Drainage District (KDD) and Tulelake Irrigation District (TID), reeds and tules are growing throughout the refuge. And with the greenery, wildlife and waterfowl have returned to the wetlands. 

 

 

But for how long remains in question.

On July 12th, 2024, the Klamath Water Users Association (KWUA) sent a letter to the Commissioner of the US Bureau of Reclamation, Commissioner Camille Calimlim Touton, urging Reclamation to not cut off water to Klamath Basin refuges and farmers late in the season.

Klamath Basin family farmers and ranchers are depending on late season irrigation to finish growing row crops and to get another cutting of hay to sustain their herds through the winter and to sell to other farms throughout the region.

The birds, on the other hand, need water in the refuges to stave off an epidemic of botulism. 

Several varieties of ducks swimming in Unit 2 of the Lower Klamath National Wildlife Refuge, along Stateline Road.
Ducks swimming in Unit 2 of the Lower Klamath National Wildlife Refuge.

As migration along the Pacific Flyway is already underway for some bird species, birdwatchers, hunters, and waterfowl enthusiasts (including Klamath ag) hope to see Klamath Basin refuges start to return to their former glory.

Lower Klamath National Wildlife Refuge, Unit 3, teeming with pelicans, egrets, and ducks.
With the return of water to Unit 3 of the Lower Klamath National Wildlife Refuge, so have a variety of birds. Pictured here are pelicans, egrets, and ducks.

However, as this hot, dry summer continues to drag on, the fear is that the diminishing wetlands will become a breeding ground for disease instead of waterfowl. In 2020, Lower Klamath saw 40,000 birds killed by avian botulism, and while steps have been taken to prevent another massive infection that will impact waterfowl and other Klamath Basin wildlife, at this time there’s still more work to be done.

With the 2020 avian botulism outbreak, Unit 3 of LKNWR was hit especially hard. Refuge managers were left with two options – flush it with cool water to stop the bacteria from multiplying or drain it. The unit was drained, and a field hospital operated by Bird Ally X was set up to treat the birds pulled from the drying, fetid water.

While the much celebrated flow from TID to Unit 3 via D Plant is starting to recede, there’s still a lot of water and waterfowl out on Lower Klamath. In this unit of LKNWR, massive pelicans to the much smaller and more delicate avocet, the wetland is finally looking like the “Gem of the Pacific Flyway” again.  In Unit 2, the wetland fed by KDD’s flows, egrets and herons stand guard in the tall reeds while ducks, herons, coots, and grebes swim and feed in the water.

A lot has been gained this year on behalf of the Lower Klamath refuge. However, there’s also that much more at risk if the refuge is allowed to go dry again.

A family of ruddy ducks swimming in Unit 2 of the Lower Klamath National Wildlife Refuge.
With waters in the Lower Klamath refuge receding, the risk of avian botulism puts migrating birds and waterfowl broods at risk.

In a recent press release from Ducks Unlimited, they’re reporting a 25% decline in duck breeding numbers in the Pacific Flyway. Add a drying refuge to the equation, this could be devastating to West Coast duck populations.

KDD, its patrons, and its partners have been working to find ways to improve conditions on the Lower Klamath National Wildlife Refuge and to keep those wetlands wet. Many of the conversations during the Lower Klamath Renaissance Tour focused on how a variety of stakeholders can work together on restoration efforts and securing water for the refuge.

However, while the projects that KDD and its partners talked about are going through the process of becoming a reality, Lower Klamath still needs water to ensure there’s not another avian botulism outbreak on the scale of 2020. There are already reports of botulism coming from Tule Lake National Wildlife Refuge.

At this time, KDD’s board is working with the Bureau of Reclamation and the US Fish & Wildlife Service to find a way to get much needed water to Lower Klamath National Wildlife Refuge.

There are also a few things the public can do to help LKNWR.

KDD has a page about how the public can support the Lower Klamath National Wildlife Refuge. Writing to leaders expressing concern for the refuge and waterfowl populations can help them understand the importance of Lower Klamath to the region and the Klamath Basin ecosystem. This understanding can lead to influencing Reclamation to providing much needed water to LKNWR.

We also recommend visiting KDD lands and LKNWR. The district and the refuge have an abundance of waterfowl and wildlife that make this an extraordinary place in the Klamath Basin. Then share those experiences either in-person or on social media to help others understand the importance of Lower Klamath to the Pacific Flyway and the Klamath River ecosystem.

Finally, if you, the public, have ideas on how we can get more water to Lower Klamath, we’d love to hear from you. Drop us a line and let us know your thoughts.

Klamath ag, and especially KDD patrons, have a distinct connection with the Lower Klamath National Wildlife Refuge. With community support, we hope the Bureau of Reclamation will provide the water the refuge needs to make it through fall migration and beyond.

Unit 3 of the Lower Klamath National Wildlife Refuge at sunset.
Unit 3, Lower Klamath National Wildlife Refuge
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Klamath Drainage District Sends Water to Unit 2 on the Lower Klamath National Wildlife Refuge

Water flowing from Ady Canal in the Klamath Drainage District to Unit 2 in the Lower Klamath National Wildlife Refuge

If you’ve driven Stateline Road with the windows down lately, you’ve heard the trilling of blackbirds, honking of Canada geese, and the squawking of herons coming from the Lower Klamath refuge.

It’s as if they’re celebrating the return of the wetlands to the refuge.

Since mid-April, the Klamath Drainage District has been sending water to Unit 2 of the Lower Klamath National Wildlife Refuge (LKNWR).

Unit 2 of the Lower Klamath National Wildlife Refuge with water from Klamath Drainage District.
KDD has been sending recycled water from the district to Unit 2 of the Lower Klamath National Wildlife Refuge.

Using recycled water from within the district, KDD has been able to send almost 120 acre-feet of water a day to Lower Klamath via the Ady Canal. At the time of this writing (approximately three weeks), that amounts to almost 2,500 acre-feet.

By employing KDD’s recirculation pumping stations, the district is able to recycle up to 35,000 acre-feet of water a year. This enables the district to reuse or recycle more than 75% of the water used by its patrons.

This benefits KDD family farmers and ranchers by ensuring they have water during the growing season. It also creates ecological opportunities, such as providing water to LKNWR. 

KDD landowners have long been ardent supporters of the Lower Klamath refuge. Over the last four years, the district has sent water across the border to LKNWR to help allay the water allocation shortcomings. One instance, between December of 2021 and August, 2022, KDD sent approximately 3,100 acre-feet of much needed water to the Lower Klamath wetlands. 

After the historic droughting of Lower Klamath National Wildlife Refuge by the Bureau of Reclamation, the storied wetlands are having a banner year after going dry for several years.

On March 7th, KDD along with Modoc Nation, South Suburban Sanitary District, Ducks Unlimited, Friends of Klamath Basin Birding, the Klamath Audubon Society, and the Klamath Water Users Association hosted the Lower Klamath Renaissance Tour to bring attention to the Lower Klamath refuge and discuss projects that could bring long-term water to its wetlands.

Not long after the Lower Klamath Renaissance Tour, on March 25th, with much fanfare and press coverage, Tulelake Irrigation District fired up its historic D-Plant station to pump water from Sump 1A in Tule Lake through Sheepy Ridge to the desiccated beds of Lower Klamath Lake. However, due to the Bureau of Reclamation’s restricted water allocation for the Klamath Project 2024 irrigation season, pumping ceased on April 15th.

In the three weeks that TID pumped water to Lower Klamath, water flowed throughout the refuge, bringing much needed moisture to units that haven’t received water in over three years. And with the water, the wetlands returned.

The combination of the districts’ efforts has been a boon to the birds of the Pacific Flyway as well as for Klamath Basin wildlife. An abandoned rookery along the canal between Unit 2 and Unit 3 is showing signs of life again as herons and egrets reclaim the trees for nesting. Ducks and geese are taking advantage of the rejuvenated wetlands while raptors once again patrol the skies over LKNWR. 

Even coyotes, deer, and antelope appear to be more abundant in Lower Klamath now than they have been in the past four years.

A bald eagle watches over geese
The water TID sent through D Plant to the Lower Lake Refuge from Tule Lake revitalized the wetlands.

This year has started off with a strong showing of support for LKNWR, but there’s still a lot of work to be done to ensure its water security. 

While KDD and its patrons will continue to find ways to provide water for Lower Klamath, the collaboration and support shown on March 7th will need to come to fruition if we’re going to prevent the nation’s first waterfowl refuge from going dry again.

Hopefully, with the refuge’s recovery on full display, the public and Klamath Basin stakeholders see the value of keeping the basin’s wetlands wet.

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Lower Klamath Renaissance Tour Focuses On Lower Klamath National Wildlife Refuge and Collaboration

Amelia Raquel, Regional Biologist for Ducks Unlimited, introducing DU's Lower Klamath projects and members from the US Fish & Wildlife Service.

(Note: This article was written by the Klamath Drainage District’s PR administrator on behalf of the Lower Klamath Renaissance Tour. This article also appears on Basin Ag News and on the Klamath Water Users Association’s website.)

News of the 2024 Winter Wings Festival cancellation spread through the Klamath Basin like the wind over the barren lakebed of the Lower Klamath National National Wildlife Refuge. 

Image of Sandhill crane in water created by Mary Williams Hyde.

 

Known as  in the Klamath Basin winter for decades. The workshops brought birders and tourists to our community, while the chance to see a variety of raptors and birds migrating on the Pacific Flyway drew in photographers from all over the world. In recent years, Winter Wings also gave Klamath ag a chance to share how farms provide much needed habitat for area wildlife and the Pacific Flyway, especially with the historic dewatering of two national wildlife refuges.

 

the nation’s oldest birding festival, Winter Wings provided a bright spot

When word passed through the birdwatching, conservation, and agricultural circles the Winter Wings Festival was canceled, phones started ringing. A conversation regarding the impacts of canceling the Winter Wings Festival between Klamath Drainage District manager, Scott White, and Board Chair of the South Suburban Sanitary District (SSSD), Joe Spendolini, ended the call with the two agreeing for the organizations to arrange a tour similar to one White had organized for the festival in previous years.

In a matter of weeks, White pulled together a team that included the Modoc Nation, South Suburban Sanitary District, Ducks Unlimited, Friends of Klamath Basin Birding, the Klamath Basin Audubon Society, and the Klamath Water Users Association to create what would become the Lower Klamath Renaissance Tour.

The Lower Klamath Renaissance Tour team’s goal was to highlight the importance of the Lower Klamath National Wildlife Refuge (LKNWR) to the Basin and the collaboration needed to create water security for the nation’s first waterfowl refuge. Invitations were sent to guests at federal agencies, conservation organizations, local leaders, and Klamath Basin Tribes. On March 7th, the week’s expeditiously organized tour left the Running Y Resort to see and discuss what could happen.

Lakeside Farms' Dr. Karl Wenner discussing the importance of the Tule Smoke Club and Lower Klamath Wetlands.
Dr. Karl Wenner, owner of Lakeside Farms, discussing the importance of the Tule Smoke Hunting Club and Lower Klamath region to the first people of the Klamath Basin and the ecosystem.

From the Klamath Drainage District’s F/FF pumping station through the district, down to where the Ady Canal meets Stateline and on to Lower Klamath National Wildlife Refuge, the tour centered on projects and plans that KDD, Ducks Unlimited, the US Fish and Wildlife Service, and the Modoc Nation were working on to help improve conditions on the refuge and increase its access to water.

The discussions about the history of Lower Klamath Lake, the people who lived there from time immemorial, the formation of the Klamath Irrigation Project, the creation of KDD and LKNWR, and the projects provided context for the conversations that would take place throughout the day.

A lot of those conversations, both between individuals and in the larger groups, focused on collaboration. There was a quiet acknowledgement that everyone was tied together, and regardless if the guests were there on behalf of farmers, fish, waterfowl, or clean water, no one would be able to succeed in their goal without the other partners succeeding in theirs. 

Ken Sundusky, Chief Robert Burkeybile, Council Member Braxton Graham, and Homelands Manager Brian Herbert of the Modoc Nation.
Ken Sandusky, Resource and Development Director, talked about the Shapa’sh Landscape Restoration Project with Modoc Nation Chief Robert Burkeybile, Council Member Braxton Graham , and Homelands Manager Brian Herbert.

“Today provided lines of communication to open up once again. It was a safe space for interested parties to speak, share ideas and share our struggles,” wrote Normajean Cummings, enrolled member of the Klamath Tribes. “It was also an opportunity to see some changes Agriculture is doing to make a difference. Learning more about the difference wetlands can make is eye awakening.”

Ms. Cummings added, “I’m afraid that drought is the new normal, and I think all our communities need to be able to come together to collaborate and find new practices. We have seen what hasn’t worked in the past, but there are some new models out there that bring me hope. I hope to remain involved in seeking solutions and community building. I also hope for more opportunities like today where we can all gather, talk, offer thoughts and ideas and find a path forward that will benefit us all. Opportunities to learn from one another.” 

Karuk Tribe Council Member Troy Hockaday’s takeaway of the discussions, “Today was amazing to hear from the farmers and the government and the fisheries people about the problems in the basin. I came out of the day that we all have the same mindset to make the Basin better for everybody and a quality of water for the fish and habitat, I hope some of discussions that we talked about will help with further future programs and projects in the basin, to help water control for the Klamath river base.”

Lower Klamath Renaissance Tour group at the Ady Canal.
At the Ady Canal, the Lower Klamath Renaissance Tour guests listened to representatives Greg Austin and John Vradenburg discuss getting more water to LKNWR.

“Five to six years ago, we couldn’t get a meeting with anyone from the Tribes, and today we had folks from the Modoc Nation, Karuk, and the Klamath Tribes come to this meeting,” said Bill Walker, board president of the Klamath Drainage District. “I feel strongly that we can fix the problems we’re all facing because we’re all working together. I can’t thank everyone enough for coming and getting the doors open. We need to get together again and keep this momentum moving.” 

The day was successful from the point of view of bringing together partners from a variety of backgrounds, interests, and needs, and to get them talking. However, the Lower Klamath Renaissance Tour serves as a starting point for bringing water security to the Lower Klamath refuge and other initiatives for the Klamath Basin. Whether it’s KDD’s Replumbing the Klamath plan, SSSD’s wastewater treatment facility to provide water to the refuge, Ducks Unlimited’s highline canal and pumping station for LKNWR, or the Modoc Nation and Modoc National Forest’s Shapa’sh Landscape Restoration Project, more hard conversations and collaboration will be needed.

And hopefully, the spirit of collaboration we saw on March 7th will continue to push the momentum forward on these projects and more for the future of all creatures that are dependent on the Klamath watershed.

KDD Manager, Scott White, discussing the district’s plans for adding solar panels during lunch at Liskey Farms.
The Lower Klamath Renaissance Tour stopped at KDD’s F/FF Pumping Station along Hwy 97 to talk about the importance of this station to get water to LKNWR .
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KDD and Klamath Ag To Face Ongoing Grasshopper Problems in 2024

Dead grasshoppers on Stateline Road near Lower Klamath Refuge

Hanging a new calendar on the wall is usually a time to look ahead at the promise of what a new year brings.

While we’d like to reminisce about the highlights of last year and look forward to what could be, we’re unfortunately plagued by a problem from 2023.

Grasshoppers.

For Klamath Drainage District family farmers, and pretty much all of Klamath ag, last year’s grasshopper infestation is promising to pay off in troubling dividends. What seemed to start on Lower Klamath National Wildlife Refuge spread throughout the Klamath Basin, initially devastating farms along Stateline Road, spread like a virus to surrounding communities and irrigation districts. 

In KDD, grain crops lost tonnage, as did hay crops. Healthy pastures were stripped of foliage, requiring beef ranchers and other livestock producers to find ground outside the district or use acres they’d hoped to use later in the season. KDD farmers and ranchers also paid for more grasshopper treatment than usual to fight the pests.

In short, the grasshopper infestation was not only an ecological disaster, but also an economic disaster for Klamath Basin farmers.

At the end of November, the Oregon Department of Agriculture (ODA) released its 2023 Grasshopper and Mormon Cricket Report. The report covered the damage done to Oregon agricultural producers due to infestations of Mormon crickets and grasshoppers all through the state, and that report would instruct the United States Department of Agriculture (USDA) of economic losses and potential programs to help mitigate the insect damage.

Much to the dismay and chagrin of Klamath ag, the ODA’s report indicated there was very little damage caused by grasshoppers to area producers, and furthermore, no economic damages.

This graphic was taken from the ODA’s 2023 Grasshopper and Mormon Cricket Report to show grasshopper survey densities. The red outline added to emphasize the Klamath County area.
This graphic was taken from the ODA’s 2023 Grasshopper and Mormon Cricket Report to show estimated grasshopper damages.

On December 12th, 2023, Klamath County Commissioner, Dave Henslee, held a workshop with the Board of Commissioners to discuss the 2023’s grasshopper damage and the ODA’s report. At the meeting, attendees heard report after report of the damage and losses Basin farmers suffered from the grasshoppers. Klamath Water Users Association’s director of water policy, Moss Driscoll, estimated the ripple effect of economic damage could be in the hundreds of millions of dollars in the course of following years.

Image of Tim O'Connor, KDD Rancher, from Klamath County Board of Commissioners' December 12, 2023 Work Session about the Klamath Basin grasshopper infestation.
KDD Rancher, Tim O’Connor, giving testimony at the Klamath County Board of Commissioners’ December 12, 2023 Work Session about the Klamath Basin grasshopper infestation.

Towards the end of the meeting, ODA’s director, Lauren Henderson, joined the discussion via Zoom and indicated that the report had been merely taken out of context; ODA’s pest monitoring sites didn’t capture the same number of bugs that the rest of the Klamath Basin was seeing, and only affected Federal lands, 6,000 acres of which are in KDD. 

Eventually, he did concede that Klamath ag did indeed suffer losses. And thanks to Cody Holthouse from the ODA, who joined Mr. Henderson on the phone, the department is still taking grasshopper damage reports.

Unfortunately, there will be more for KDD patrons and the Klamath ag community to report.

In the December board meeting, we heard reports of hay bales being opened up and the centers of them being emptied out, due to grasshoppers that were baled in the forage eating their fill. At auction, average calf weight was down. And if that isn’t enough of a financial brunt for farmers and ranchers to carry, banks are backing away from financing operating lines and loans. 

There’s also the worry of grasshopper eggs being spread in the district through feeding livestock the infested hay. Unless there’s a vicious, hard freeze, the eggs will likely hatch in 2024, exacerbating the 2023 grasshopper problems. 

Getting In Front of the  Klamath Basin 2024 Grasshopper Infestation

Fortunately, Klamath Basin ag’s voice has been heard and work is being done to try and head off another potentially disastrous grasshopper infestation.

The week of January 29th, KDD is hosting a session with ODA director Lauren Henderson to talk about what happened in 2023, and hopefully out of the discussions a plan for 2024 will evolve. When a date and time are confirmed, we will share it on the KDD Facebook page.

Image of the Oregon Department of Agriculture's 2023 Public Grasshopper Survey Report Form
To fill out this form, please visit https://survey123.arcgis.com/share/9fb3cf8db4b64d93812eff265128a2b7

Regardless of whether or not members of the ag community are able to make it to the meeting, we strongly recommend taking time to fill out the Oregon Department of Agriculture’s 2023 Public Grasshopper Survey Report Form (you can click on the image on the right to access the reporting form). At this time, the ODA is committed to receiving these reports, and they will help the department ascertain the level of damage 2023’s infestation caused.

To help head-off future infestations, especially those starting on the Lower Klamath refuge, we need policymakers to commit to getting water to our wildlife refuges. As they found on the Klamath Marsh in 2013, drought conditions worsened grasshopper outbreaks. By supporting plans such as KDD’s restoration project, future grasshopper plagues can be minimized. 

With all of the other challenges Klamath Basin family farmers and ranchers face, it’s unfortunate that grasshoppers appear to be another ongoing blow being dealt to our communities. Hopefully another infestation won’t materialize in 2024. If one does, we will be prepared so we can minimize the damage to our local economy and ecosystem.

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Why Doesn’t Lower Klamath National Wildlife Refuge Have Water?

Geese flying into wetland in Lower Klamath National Wildlife Refuge. Photo by Darcy Hill.

Wednesday, January 3rd, 2024.

The morning was clear and crisp. Hoarfrost coated barbed wire and plant-life alike in the Klamath Drainage District. The sun snuck through the clouds, heating the ground just enough to create low-lying fog in areas.

Along Stateline Road, in the Lower Klamath National Wildlife Refuge, geese and ducks honked and chattered as they picked their way through the rushes and grass from last season. An occasional heron would make his presence known with a disgruntled clucking and squawk to let anyone around they were too close and were disrupting his peace as its giant wings would spread and he’d glide to somewhere further from the road in the refuge.

Chipping sparrow perched on a reed on Lower Klamath National Wildlife Refuge. Photo by Darcy Hill
A chipping sparrow perched at the edge of the water on Lower Klamath.

While the majority of the Lower Klamath refuge is dry, this unit has water and if one focused only on this small piece of sanctuary, that person could almost imagine what the Gem of the Pacific Flyway was once like.

Across Stateline, neighboring canals and drains have water and fields flooded for winter provide more habitat for the birds migrating south. Hawks, eagles, and falcons are also hunting these grounds, making a drive down Township Road a birdwatcher’s heaven. The wildlife that frequents KDD are a point of pride for the landowners in the district.

This disparity between KDD and Lower Klamath is being called out on social media, most notably in a Facebook post celebrating Lower Klamath National Wildlife Refuge’s anniversary of being designated a National Historic Landmark. Bird hunters are wondering if KDD has water in the canals and fields, why is Lower Klamath refuge not getting any water?

The short answer is the Bureau of Reclamation isn’t authorizing Klamath Drainage District to divert water to Lower Klamath National Wildlife Refuge.

The reality is more nuanced than that.

For over 20 years, the Endangered Species Act (ESA) has prioritized the fish in the Klamath River and Upper Klamath Lake over agriculture and the Klamath Basin refuge system. Considered “single-species management” by many affected by this water management style, the refuges are the last priority when it comes to water diversions in the Klamath Basin. 

As a result, Reclamation’s water management of the Klamath Project has not only hurt Klamath Basin family farmers and ranchers, another unintended consequence has been the devastation wreaked on Tule Lake and Lower Klamath National Wildlife Refuges. Two years ago, the refuges were given an allocation of zero water. The result was the historic drying of Tule Lake and Lower Klamath refuges.

Birds, mammals, and even fish that depended on the refuges bore the brunt of that zero water allocation. Since then, KDD has worked with the US Fish and Wildlife Service as well as other stakeholders like the California Waterfowl Association and Ducks Unlimited to bring water back to Lower Klamath.

This brings us to what we’re seeing with the Lower Klamath wildlife refuge today.

In a letter dated December 15th, 2022, Scott White, Manger of KDD, and Greg Austin, Manager of Klamath Basin National Wildlife Refuge, were told by the Bureau of Reclamation to suspend water diversions due to hydrological conditions: 

Letter to Scott White (KDD) and Greg Austin (Klamath Basin Nat'l Wildlife Refuge) from the Bureau of Reclamation denying water diversions to Lower Klamath National Wildlife Refuge.

“Effective December 16, 2023, Reclamation is directing the suspension of diversion from Upper Klamath Lake (UKL) and Lake Ewauna/Keno Impoundment. This suspension of authorization to divert is necessary to ensure that Reclamation can meet requirements of the 2019 National Marine Fisheries Service and 2023 U.S. Fish and Wildlife Service biological opinions to reach a minimum UKL elevation of 4,142.0 feet (BOR datum) by April 1 to protect spawning ESA-listed suckers and to mitigate disease risks for threatened coho salmon.

“Continued diversion of water by Project contractors from UKL or the Lake Ewauna/Keno Impoundment would further reduce Klamath River flows and increase risk to ESA-listed species. Accordingly, Reclamation has determined that no water is available for diversion from UKL or the Lake Ewauna/Keno Impoundment until hydrologic conditions improve. You are directed to immediately cease diversion until you either receive additional written notice from Reclamation that irrigation diversions can resume or until April 1, whichever is sooner. This determination does not affect water previously diverted under existing water rights, and water remaining within the irrigation system.”

As you can see, despite the stakeholders and KDD’s best efforts to provide water to Lower Klamath, Reclamation isn’t allowing it.

One can imagine how Lower Klamath looked when it was nicknamed ‘Gem of the Pacific Flyway’
A peaceful morning on Lower Klamath National Wildlife Refuge.
Canada geese coming in for a landing.

What You Can Do to Help Get Water to Lower Klamath National Wildlife Refuge

As frustrating as this is, we don’t have to idly sit by and allow this devastation to continue.

The first step is to learn what is happening in the Klamath Basin refuges. You can do that by following KDD, California Waterfowl, and Ducks Unlimited on Facebook, Instagram, and X. You can also visit our websites to see what we’re working on to improve conditions on Lower Klamath, such as the KDD Restoration Plan – Replumbing the Klamath.

KDD’s Manager, Scott White, is also a great resource to get in touch with to learn more about what’s happening on Lower Klamath and what the district is doing to help.

Next, share what you’ve learned. This can be as simple as sharing posts from KDD and the stakeholders we work with, or taking it a step further and engaging fellow birdwatchers, hunters, and anyone else who cares about Klamath Basin wildlife and ecology. Tell them about your experience in the Klamath Basin refuges. Share with them the plans in place to help rehydrate these valuable wetlands. Write letters to the editor for your local newspaper and to publications with a greater reach outside of your area.

Lastly, get in touch with your public officials. Let your member of congress, senator, state representatives, and the Bureau of Reclamation know how you feel about what is happening to Lower Klamath National Wildlife Refuge. These people need to hear from the public and to know that we the people are unhappy with what is happening to our refuges.

If you need information, KDD is happy to help. Get in touch with us and we can share with you our restoration plan for Lower Klamath as well as any data or anything else you need.

The droughting of Lower Klamath and Tule Lake refuges is another one of the troubling aspects of how the Bureau of Reclamation is managing the Klamath Project. Unfortunately, due to ESA demands, it appears Klamath Basin refuges will continue to bear the brunt of this style of management that harms farms, waterfowl, and other wildlife while we wait to see how it affects the fish these mandates aim to protect. However, we can use our voices to bring an end to this man-made disaster and start restoring Lower Klamath to its former glory.

Canada geese silhouetted against clouds over Lower Klamath National Wildlife Refuge. Photo by Darcy Hill
Geese silhouetted against the clouds illustrate how beautiful Lower Klamath is – especially when it has water.
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The Impact of KDD to the Pacific Flyway for 2022 Fall Migration

Ducks taking flight in canal in the Klamath Drainage District

Fall migration is upon us! Visiting the Klamath Drainage District, you’ll see the tell-tale “V”s of birds migrating along the Pacific Flyway and hear the calls of geese as they light in the district’s fields to rest on their long trip south. Depending on the time of day, flocks come in wave-after-wave, providing a visual feast for bird watchers and hunters alike.

With that in mind, it seems like a good time to take a look at the 2022 migratory bird numbers for KDD. 

At the end of May, the numbers from the Klamath Basin National Wildlife Refuge Complex, 2022 bird survey of the Klamath Basin were released. 

Klamath Drainage District landowners are proud that their fields and pastures provide important habitat for birds migrating on the Pacific Flyway. Between the droughts that have hit the Klamath Basin for the last several years, mismanagement of the Klamath Project, and then the historic shut-down of the Project and subsequent historic drying-up of Tule Lake and Lower Klamath National Wildlife Refuges by the Bureau of Reclamation, KDD patrons have seen their lands as a safe haven for migratory birds looking for a pitstop on along the Pacific Flyway.

Snow geese in flight in Klamath Drainage District
A total of 8,404 were attributed to Lower Klamath Lake, almost of which were on KDD lands.

Though anecdotal evidence supports our belief that KDD plays a vital role for Klamath Basin wildlife and migratory birds. Thanks to the United States Fish and Wildlife Service (USFWS), we are able to share actual numbers of what we’re seeing in the field, and whether or not our claims of KDD’s importance to the Pacific Flyway are supported. 

With the numbers provided by USFWS, we’re able to look at a snapshot that shows just how vital KDD is to birds. Looking at November 3rd, the peak of migration through the Klamath Basin, the Klamath Drainage District had over 180,000 birds on its lands. That’s significant because at that time Lower Klamath and Tule Lake National Wildlife Refuges had no water in them, meaning that the number of birds counted for Tule Lake and Lower Klamath were counted in KDD. And while we’re proud that KDD could help with facilitating the waterfowl migration, if you look at past migration numbers, there’s still quite a bit of work to be done in the Klamath Basin in regards to the Pacific Flyway. 

2022 Klamath Basin Pacific Flyway Waterfowl Migration Numbers
The Pacific Flyway waterfowl migration numbers for the Klamath Basin on November 3, 2022

Pouring through the bird count numbers on November 3, 2022, a few interesting facts pop up:

    • Sandhill cranes – 1,948 were counted. Last fall we saw large flocks of these giant birds in the fields, casually counting hundreds of them at a time. 
    •  170,032 ducks were found in KDD. In comparison, that day 93,540 were counted on Upper Klamath Lake. 
    • Looking at geese, a total of 8,404 were attributed to Lower Klamath. If we compare that to Upper Klamath again, 1,798 were counted there.
    • Of the 170,032 ducks counted in KDD, which breed was represented the most? The Northern Pintail, with 137,262 birds counted. Next was our favorite green-headed friend the Mallard, with 8,852 counted.

Evaluating the overall numbers shared by the USFWS and the Klamath Basin National Wildlife Refuge Complex, the number of migratory birds passing through the Klamath Basin seems incredible. However, this represents only 5% of what the Klamath Basin could support. The region is hugely important for the Pacific Flyway, and when actions by the Federal government leave Klamath Basin refuges dry, agricultural lands such as KDD become increasingly vital. Now imagine if our refuges hadn’t been allowed to go completely dry by the Bureau of Reclamation and the Klamath Project had been operated as designed.

Sandhill Cranes in Klamath Drainage District
1,948 Sandhill cranes were counted in Klamath Drainage District fields.

KDD landowners should be proud of the work they and the board do on behalf of Klamath Basin wildlife and the Pacific Flyway. The numbers show how important agricultural lands are to the ducks and geese migrating through the Klamath Basin, especially during these times. Add the partnerships and conservation projects the district is working on, such as KDD’s restoration plan, there’s a lot of remarkable things happening in the Klamath Drainage District.

Before wrapping this up, we’d like to extend a big thank you to John Vrandenburg for taking the time to share this information and walking us through the data. Thank you very much, John!

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Press Release: Federal Judge Rules Against KDD Klamath River Diversions

Klamath Drainage District headgate being used to send water to Lower Klamath National Wildlife Refuge

KDD Letterhead

September 14, 2023

FOR IMMEDIATE RELEASE

Contact:

Scott White, General Manager                Reagan Desmond, General Counsel
scott@klamathdrainagedistrict.org       rlbd@clydesnow.com
(541) 510-6311                                                  (541) 797-0011

FEDERAL JUDGE RULES AGAINST DISTRICT’S RIGHT TO DIVERT WATER

District concerned of species restoration implications and prepares for appeal

Klamath Falls, OR – On September 11th, a federal judge in Medford’s United States District Court ruled against the Klamath Drainage District (KDD), and entered an injunction against KDD, stating that KDD can no longer divert water from the Klamath River that has not been authorized by the United States, citing the Endangered Species Act (ESA) as its primary basis. On the same day, the same judge issued Findings and Recommendations in two other lawsuits brought by Klamath Tribes against Reclamation for ESA violations under 2021 and 2022 Klamath Project operations plans. In one case, the court found Reclamation violated the ESA in 2022 by providing farmers even a diminished supply when not all species goals could be met; in the other case, the court found Reclamation had not erred by prioritizing the needs of threatened salmon in Klamath River over endangered C’waam and Koptu in Upper Klamath Lake.

Last year, the United States brought the breach of contract case against KDD, alleging that KDD breached its Reclamation Act contract with the United States by irrigating in 2022 after the United States had informed KDD there was no Project supply available for the district. Notably, the United States provided no evidence of harm to any species as a result of KDD’s diversions in 2022. KDD irrigated under its separate state water right permit in 2022, as it has done since 1977 when it was issued. The ruling issued a permanent injunction that requires the United States’ “authorization” to divert water from the Klamath River, including for any diversions under the district’s separate state permit through the district’s private facilities.

“To say we’re disappointed is an understatement. I’m in disbelief,” said Bill Walker, President of the district. “We are still evaluating the effects of this ruling, but on the surface, it appears to reach far beyond where any court has ever gone.”

The District Board met on the 12th to discuss its options and voted unanimously to appeal the decision. The District Board believes there are several appealable errors in the decision, including what appears to be an unprecedented interpretation of the Reclamation Act and court endorsement of federal control over private state water rights. “Frankly,” as Walker stated with respect to appealing the decision, “we have no choice, our livelihoods and our families are at stake.”

KDD owns and operates its own infrastructure and also pays over double the percentage of any other district of Reclamation Project Operation and Maintenance costs, regardless of whether or not Reclamation supplies water. KDD is still in the process of evaluating the costs and impacts of this ruling on the operations and rights of both the district and its landowners. However, it is immediately apparent that it will lead to a significant loss in revenue to its landowners if not overturned on appeal, particularly in light of the court’s separate ruling in the Klamath Tribes case which will almost certainly lead to a reduced amount of Project Supply for farmers under project irrigation contracts going forward.

The district is also assessing how this ruling could play a role in large-scale restoration planning. On the eve of the largest dam removal project in history, the district has been working with agencies, tribes and interested stakeholders to utilize existing district infrastructure for a massive restoration project.  The district is concerned there are negative impacts to that effort as a result of this ruling.

“How can we afford to operate and maintain the facilities we are offering up for restoration when our landowners may not be able to pay their assessments,” questioned Scott White, General Manager of the district. “The financial impacts of this decision are so much larger than just harvesting a crop or not. We’re talking about the recovery of species here, and this ruling appears to have the opposite effect of what the court cited as their reason for the decision.”

For the last decade, Tracey Liskey, a lifelong landowner in KDD, a board member of the district, and the President of the Klamath Water Users Association, has committed his time, money, and energy to helping build a facility that grows endangered sucker specifically targeted at recovering the fish. “The United States and their courts are taking the tools right out of the hands wanting to do the hard work it takes for recovery,” Liskey lamented in frustration. “All we want is for these fish to recover and thrive so we can go back to what we love and here we have another ruling that hamstrings our ability to utilize our resources in that effort.”

Liskey was not alone in his concern about the species. “All the restoration experts we work with are focused on ecosystem recovery as the major ingredient to species recovery,” noted Walker. “It is our duty and responsibility to seek a favorable ruling that will not limit anyone’s ability to help in the recovery of our environment. We owe it to the water users, and we owe it to the species to appeal this ruling.”

KDD has a long history in aiding species recovery. In 1978, Bald Eagles were listed as endangered, and the district’s lands became key to the birds’ recovery. In 1983, KDD’s lands were classified as the “Oregon Feeding Grounds” for our nation’s bird due to the district’s historical practice of winter diversions making it prime hunting habitat for the raptors and critical to the bird’s survival. The spirit of recovering species and providing wildlife habitat has been a mainstay for KDD ever since.

More recently, when the Bureau of Reclamation denies water to Tule Lake and Lower Klamath National Wildlife Refuges, KDD’s fields provide the much-needed winter habitat for the migrating waterfowl of the Pacific Flyway including Bald Eagles. Last year, KDD’s lands were the only habitat in the Upper Klamath Basin where migrating water birds could find refuge due to the wildlife refuges being dry.

The district plans to begin communicating with its restoration partners immediately to discuss what this means for the projects and to identify if there are some opportunities remaining.

Klamath Drainage District (KDD) is a 27,000-acre district located in southern Oregon bordering the Lower Klamath National Wildlife Refuge in California. KDD proactively works to improve distribution and delivery of its scarce water resources including recycling over 35,000 acre-feet annually through its recently installed recirculation pumping plants. Of this recycled water, most is reused to grow crops, but a percentage is used for growers outside of the district and used for habitat improvement and other refuge purposes. KDD is home to one of the largest concentrations of bald eagles in the lower 48 states and prides itself on its restoration activities and the tremendous wildlife viewing opportunities it provides.

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