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

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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Download PDF version of FEDERAL JUDGE RULES AGAINST DISTRICT’S RIGHT TO DIVERT WATER

August 30, 2023August 30, 2023

KDD To Work With Stakeholders for Wetland Resiliency, Ag Sustainability

Lower Klamath Lake National Wildlife Refuge. Photo by Darcy Hill.

The land that makes up the Klamath Drainage District didn’t become the food production powerhouse we know it as today until the California Northeastern Railway Company with the Southern Pacific Railway built a dyke and railroad in 1907, creating a division between Lower Klamath Lake and the Klamath River.

With the construction of the railroad, the water that made up the marshlands of Lower Klamath Lake ceased to naturally flow down the Klamath River during times when water levels were high, with While a portion of the original lake now makes up the Lower Klamath Lake National Wildlife Refuge, the 27,000 acres of land on the Oregon side of the border provide rich farmland where family farmers and ranchers grow cereal grains, a variety of row crops, hay, and run cattle for beef and for dairy. KDD landowners’ ground also provides habitat for the waterfowl traveling the Pacific Flyway and Klamath Basin wildlife that make their homes in the district year-round.

KDD and its landowners have employed sustainable agricultural practices for decades that help keep the rich soils productive, decrease demands on water from Upper Klamath Lake during the growing season, and benefit area wildlife, including sending much-needed water to the Lower Klamath National Wildlife Refuge after the Federal government’s historic dewatering of two Klamath Basin refuges.

Now, KDD is looking at other resilient agriculture projects to complement the district’s sustainable ag practices, improve wetland resilience, and provide benefits to the Klamath Basin ecosystem as a whole.

Ducks swimming in a canal in the Klamath Project on Klamath Drainage District lands — Klamath Drainage District resources remain vitally important for the birds of the Pacific Flyway

The Klamath Drainage District has joined with several stakeholders and governmental agencies in a restoration plan that will accomplish many of these goals. Officially called “Replumbing the Klamath for People, Fish, and Wildlife: A Nature-Based Solution for Drought and Desertification in Lower Klamath Lake” and more colloquially as the “KDD Plan”, the restoration effort will reconnect Lower Klamath Lake with the Klamath River, provide access for fish to the Lower Klamath refuge, and provide incentives and protections for KDD landowners.

While the KDD Plan is going through a phase to check its feasibility, many are optimistic about its acceptance and its outcomes.

“As manager of KDD, I’m excited to see how this will benefit not only landowners but the Klamath Basin on the whole,” said Scott White, manager of the Klamath Drainage District. “The farmers in the district have always had an eye on sustainable ag and a genuine interest in taking care of wildlife. I feel the Replumbing the Klamath project accomplishes this and more.”

About the KDD Plan

The Replumbing the Klamath project has several goals aimed at agricultural resilience and sustainability, restoring the health of wetlands of Lower Klamath Lake, and creating habitat for C’waam and Koptu as well as reintroduced salmon.

Items in the plan include reestablishing oxbows around Miller Island, connecting the Lower Klamath Refuge to the Klamath River, creating fish passage from Upper Klamath Lake to the Lower Klamath Refuge, ensuring a reliable source of water for Lower Klamath National Wildlife Refuge, and creating protections for farmers and ranchers in KDD.

The KDD Plan has two tracks. Track One will run from October 1, 2024 through September 30, 2025 and work on the feasibility aspects of Replumbing the Klamath. Track Two will kick off on October 1, 2025 and go through September 30, 2027. In Track Two we will see work begin to create fish passage and water deliveries to Lower Klamath National Wildlife Refuge, the creation of perennial wetlands and connecting Lower Klamath Lake to the Klamath River.

As the restoration plan moves forwards, all of the components will compliment one another. Reestablishing the oxbows through the Miller Island slough and creating fish passage to Lower Klamath Lake will help provide water for the refuge and perhaps aid in creating habitat for returning salmon and Klamath Basin waterfowl. Connecting the Lower Klamath Refuge to the river could help provide cleaner, cooler water to be sent downriver. KDD and its landowners working with various stakeholders on the Lower Klamath Restoration Plan helps build relationships with these groups while ensuring the sustainability of farming within the district.

“This is a great opportunity for KDD to work with a variety of stakeholders to help the Klamath Basin’s ecosystem and to ensure my grandkids and their kids have a chance to farm down here,” said KDD board president, Bill Walker. “This is a win-win for everybody – farmers, fish and fowl.”

The stakeholders include tribal interests such as the Modoc Nation, The Klamath Tribes, and the Yurok Tribe as well as conservation groups like Ducks Unlimited, the Klamath Watershed Partnership, the Willamette Partnership, and several state and federal agencies.

Beyond Replumbing the Klamath, KDD is looking at another project which will add renewable energy to our portfolio while cooling water, preventing evaporation, controlling algae growth in the canals and drains, and ridding the ditches of invasive species, such as yellow-flag irises. As more information for that project comes available, we will provide announcements and updates for it as well.

July 20, 2023July 25, 2023

2023 Grasshopper Infestation Hits Lower Klamath

Clearwing grasshopper near Lower Klamath National Wildlife Refuge clinging to car window

Grasshopper Infestation Attacks Lower Klamath Wildlife Refuge, KDD and Klamath Project

Driving the thin line of pavement that divides Lower Klamath National Wildlife Refuge and the fields and farms that make up the Klamath Drainage District is getting messier.

Instead of enjoying the the birds and other wildlife that live in the area or marveling at the variety of crops and the people working in the fields in KDD, the ping-ping-pinging of grasshoppers splattering across windshields and sticking to the hoods and grills of cars and pickups are requiring drivers to pay more attention to the road. In their rearview mirrors the desiccated carcasses of the grasshoppers dance in the breeze like the leaves from trees in the fall.

While Upper Klamath Lake might be known for the tiny midges that leave the front-ends of cars looking fuzzy and green, unfortunately for the last two years, Lower Klamath is getting known for grasshoppers. LIke the midges, they cover windshields with bug-guts and goop that seems nearly impossible to clean.

However, unlike midges, the roads can at times become slick with the remains of grasshoppers crushed on the road. Even worse, the grasshoppers damage crops, impacting not just the production of pasture and hay crops but also lettuce, potatoes, and wheat along with the much-needed grasses and other plants that provide food for the wildlife in KDD.

Even worse yet, the grasshoppers aren’t confined to just KDD. People first started seeing the hoards of hoppers in early June, mostly along Stateline Road, reporting the carnage that covered their cars in Facebook posts. As their numbers and hunger has increased, they’ve spread to Merrill, Malin, Tulelake, and even Poe Valley. There’s also reports of heavy grasshopper numbers in Langell Valley.

How did this happen?

Recall the Bureau of Reclamation’s infamous, historic dewatering of the Tule Lake and Lower Klamath Lake National Wildlife Refuges. The droughting of those refuges left thousands of acres open to ravages of the wind, sun and pests. Pests such as grasshoppers.

Without water in Lower Klamath refuge, the eggs and then nymphs have been able to mature and reproduce. Water in the spring helps drown out the young grasshoppers and eggs, which helps keep their populations under control. If you also add the delayed irrigation season by the Bureau on top of the dried refuges, the Klamath Basin becomes the ideal breeding ground for the voracious pests.

In our region, we’ve seen this pattern before, most notably on the Klamath Marsh. Looking at articles about grasshoppers and their devastation on the Klamath Marsh, there’s a common thread between: a lack of water in the spring and being cut-off from irrigation water. And a drive along Stateline Road, drivers will see the same thing.

The interesting thing about what we’re seeing in KDD and Lower Klamath Refuge is that there is tangible evidence between a dry refuge and a wet one. Driving along Stateline, the areas where you find the most grasshopper carcasses littering the road – not to mention more of the pests smearing their guts across windshields – is where Lower Klamath has yet to receive any water. However, as you get close to the Oregon Drain and towards Highway 97, the number of grasshoppers embedding themselves into your vehicle goes down. There’s much fewer of their exoskeletons littering the road, and less of them getting stirred up by traffic.

Dead grasshoppers on Stateline Road near Lower Klamath Refuge

The bodies of dead grasshoppers littering Stateline Road between Lower Klamath Lake National Wildlife Refuge and the Klamath Drainage District

Clearwing grasshoppers flying across Stateline Road to fields in Klamath Drainage District

Grasshoppers flying over Stateline Road to Klamath Drainage District fields

Stateline Road near the Oregon Drain in Klamath Drainage District

Where Lower Klamath refuge is getting water from KDD, there’s hardly any grasshopper carcasses on Stateline Road

Does the water Klamath Drainage District provide to part of the Lower Klamath refuge mean there’s less grasshoppers in that area?

Not necessarily, and it becomes complicated due to the fact not all of the refuge is underwater.

Walking along the side of the road, grasshoppers still flutter from the green vegetation offering food and protection for them that’s growing in the ditch. With protection and food, there’s very little motivation for the grasshoppers to try and flee from the refuge to KDD for safety. And while the irrigated fields of KDD and water in Lower Klamath helps keep the grasshopper population in check, the area is still plagued by all of the grasshoppers, eating, mating, and laying eggs in the part of the refuge the Bureau of Reclamation has allowed to go dry.

Also worth noting is the number of birds in both areas along Stateline Road. In the area where the grasshoppers are rampant versus the part of Lower Klamath that’s receiving water from KDD, you’ll see more blackbirds (mostly redwing and yellow-headed blackbirds), meadowlarks, sparrows, swallows, blue jays, and even ravens and crows. Between habitat and water, these birds are likely helping keep the grasshopper populations in those areas in check.

This particular species of grasshopper, clearwing grasshoppers, are native to the Klamath Basin, which means they’re part of the ecosystem. In any ecosystem, there are natural checks and balances to help keep various species in check. Historically Lower Klamath National Refuge was never the haven for grasshoppers it is now due to the fact it had always been under water.

However, with the Bureau of Reclamation’s focus on single-species management of Upper Klamath Lake and the Klamath River, governmental officials have created a catastrophe in our ecosystem. As a result migratory birds and other Klamath Basin wildlife bear the brunt of the Bureau of Reclamation and Federal government’s poor water management policies, which is further worsened by adherence to a rigid Endangered Species Act. And now wildlife and farmers alike are having to deal with the unintended consequences of Federal decisions that fail to take entire ecosystems into consideration.

This catastrophe is not only affecting Klamath Basin wildlife, but also the Klamath Basin economy. As area family farmers and ranchers grain, hay and other crops fail, that will echo throughout the Basin’s economy, where one dollar produced by agriculture is used nine times throughout the community. In KDD alone, unofficially, farmers and ranchers are discussing losses in the hundreds of thousands of dollars in each of their operations.

The solution to ending this grasshopper plague is simple. Provide water for Lower Klamath National Wildlife Refuge and for Tule Lake National Wildlife Refuge. This simple solution will help keep the hoards of grasshoppers under control and provide the necessary habitat needed for the birds traveling the Pacific Flyway as well as for the wildlife that make these refuges and surrounding fields their home.

Getting these pests under control will also benefit the Klamath Basin economy, as ag receipts would reflect higher yields which equates to more money to be spent throughout the community. And, if the Feds and Reclamation took KDD’s recommendation of using the Klamath Project as designed, not only would there be more grasshopper abatement, cleaner water could be sent down the the Klamath River for salmon.

Egrets in the reeds in Lower Klamath National Wildlife Refuge with water provided by Klamath Drainage District patrons — In contrast to the parts of Lower Klamath refuge that haven’t received water, egrets and other birds take advantage of the water provided by KDD and its partners

In the end, this ecological catastrophe could have been avoided. Instead, we have migratory birds desperately searching for habitat, farms throughout the Klamath Project still going dry and a grasshopper infestation nearing biblical proportions. The Klamath Drainage District and its patrons will continue to do our best to provide water to the Lower Klamath refuge, but ultimately the Bureau of Reclamation and the Federal government need to readdress how they manage water in the Klamath Project and take into consideration the unintended consequences of their water management policies.

July 10, 2023July 12, 2023

Klamath Drainage District featured in Deputy Assistant Secretary Strickler’s “Opportunities Tour”

Clipping from the June, 2023 edition of Basin Ag News

Deputy Assistant Secretary of the Department of the Interior Matt Strickler recently paid a visit to the Klamath Basin and the Klamath Project as part of an “Opportunities Tour” put together by the Klamath Water Users Association.

As a part of the June 14th-15th Opportunities Tour, Strickler visited the Klamath Drainage District and met with district manager, Scott White, and district supervisors Tracey Liskey and Luther Horsley. In their discussion with Deputy Assistant Secretary Strickler, they talked about the work being done and the partnerships developed with Ducks Unlimited, Klamath Watershed Partnership, Trout Unlimited, the Oregon Department of Fish and Wildlife, California Waterfowl, and many other stakeholders to benefit the Lower Klamath National Wildlife Refuge and the Klamath Basin wildlife that call it home.

Below is a excerpt from the article “Deputy Assistant Secretary Strickler’s “Opportunities Tour”” that appeared in the June edition of Basin Ag News, provided by the Herald and News. The excerpt focuses on Strickler’s stop in KDD, but you can read the article in its entirety at Basin Ag News.

It is not every day that you get to interact with the Deputy Assistant Secretary of the Department of the Interior.

But Matt Strickler quickly makes one forget his official title, with his unassuming, down-to-earth demeanor.

Strickler, a long-time congressional staffer and former official in Virginia Governor Ralph Northam’s administration, is a seemingly good fit for the Klamath Basin, where stakeholders are still getting to know the Secretary of the Interior’s lead representative on water issues in the Basin.

On June 14 and 15, Strickler visited the Klamath Basin to meet directly with agricultural and tribal leaders, prior to a broader meeting of stakeholders on June 16. The Klamath Water Users Association took the opportunity to organize a tour of the Klamath Project, to look at and discuss concepts that could possibly benefit multiple stakeholders, including fish and wildlife.

The objective of this so-called “opportunities tour” was to demonstrate the capacity and willingness of agricultural producers within the Klamath Project to help solve some of the intractable problems related to water management in the Basin.

The first stop was Midland Hill, which offers a bird’seye view of Miller Island, the Tule Smoke Club, the Southern Pacific railroad embankment, and expanse of Klamath Drainage District and Lower Klamath National Wildlife Refuge. There, Klamath Drainage District’s manager Scott White, along with district supervisors Tracey Liskey and Luther Horsley, spoke briefly about the concepts being discussed among the district and other stakeholders based around the basic concept of reestablishing functioning wetlands within the Tule Smoke Club, Lower Klamath National Wildlife Refuge, and possibly beyond. Wetlands that could potentially be habitat for endangered Lost River and shortnose sucker (C’waam and Koptu).

Klamath Watershed Partnership, Trout Unlimited, and the Oregon Department of Fish and Wildlife are involved in this planning effort, among other stakeholders.

Strickler indicated he is hoping to identify a handful of large-scale projects towards which federal funding through the Bipartisan Infrastructure Act (BIL) can be targeted. The goal, Strickler said, is to get away from the perception of “random actions of restoration” that have traditionally characterized federal activities in the Basin.

Following Midland Hill, the group proceeded to the Ady Canal headworks and the terminus of the Klamath Straits Drain.

There, one can see the complicated nature of water management in Lower Klamath Lake, as the Klamath Straits Drain goes both over and under the headworks of the Ady Canal, and the remnants of the original Klamath Straits are still visible just north of the existing channel. The discussion there continued around river flows and potential for the district’s ideas to potentially benefit the Klamath River.

The group then drove to the district’s recirculating plant on Township Road, which is responsible for a large portion of the water that made it to Lower Klamath National Wildlife Refuge this past winter and spring. After a brief explanation of the pump’s workings, a quick drive down to the lower end of the Ady Canal led to the site where Ducks Unlimited (DU) plans to build a similar unit with a grant from the U.S. Fish and Wildlife Service. A trickle was then flowing through the Ady Canal into Unit 2 on the south side of Stateline Road (commonly known as Stateline Drain). These deliveries are being attributed to a complicated water right transfer from the Wood River Valley, when similar quality water in the adjacent drain is often available if the pump only existed to lift it.

Juvenile suckers have recently been transplanted into Unit 2, making the need for a secure water supply all the greater. Meanwhile the rest of Lower Klamath National Wildlife Refuge is bone-dry, with great clouds of dust blowing off the former wetlands.

After breaking off from Scott White and Klamath Drainage District, the tour continued down Stateline Road, looking at DU’s other planned pumping site on the west end of Stateline Drain.

You can read the rest of this article and more at Basin Ag News.

May 30, 2023May 30, 2023

How Klamath Drainage District Benefits Lower Klamath National Wildlife Refuge

With May being National Wetlands Month, we thought we’d share how Klamath Drainage District provides benefits to our neighbor to the south, Lower Klamath National Wildlife Refuge.

Klamath Drainage District benefits the Lower Klamath National Wildlife Refuge in a number of ways. First, KDD provides water to the refuge during dry years when other sources of water are not available, including the historic droughting of the refuge by the Bureau of Reclamation. This helps to maintain the refuge’s wetlands and wildlife habitat. Second, KDD helps to improve water quality in the refuge. The KDD’s water management practices help to reduce sediment and nutrient loads in the refuge’s waterways. Third, KDD helps to create jobs in the Klamath Basin. The KDD’s operations and maintenance activities support a number of jobs in the region.

KDD’s cooperative agreement with the USFWS has also been successful in providing water to the Lower Klamath NWR during dry years while improving water quality in the refuge. This partnership has made KDD a valuable partner in the management of the LKNWR to the benefit of the birds of the Pacific Flyway and Klamath Basin wildlife.

Here are some specific examples of how the Klamath Drainage District benefits the Lower Klamath National Wildlife Refuge:

- In 2015, KDD provided water to the refuge during a severe drought. This water helped to keep the refuge’s wetlands wet and supported the habitat of thousands of birds and other wildlife.
- As already mentioned, KDD’s water management practices help to reduce sediment and nutrient loads in the refuge’s waterways. This helps to improve water quality and protect the refuge’s fish and wildlife.
- With the ability to reuse or return more 75% of the water used in the district, KDD is able to decrease its demand in Upper Klamath Lake which could free up more water for Tule Lake and Lower Klamath National Wildlife Refuges.
- Between December of 2021 and August, 2022, KDD sent approximately 3,100 acre feet of much needed water to the Lower Klamath Lake National Wildlife Refuge.

The Klamath Drainage District is a valuable partner in the management of the Lower Klamath National Wildlife Refuge. KDD’s water management practices help to keep the refuge’s wetlands wet, improve water quality, and create jobs in the region. The work that KDD does in partnership with the California Waterfowl Association, Ducks Unlimited, and the US Fish & Wildlife Service help ensure Lower Klamath National Wildlife Refuge provides much needed habitat for the birds of the Pacific Flyway as well as the Klamath Basin wildlife who make their home in the refuge.

May 2, 2023

Press Release: KDD Welcomes Beginning of 2023 Irrigation Season

May 1, 2023

FOR IMMEDIATE RELEASE

Contact:
Scott White
scott@klamathdrainagedistrict.org
(541) 510-6311

BUREAU OF RECLAMATION TURNS ON KLAMATH IRRIGATION PROJECT

Klamath Drainage District welcomes the beginning of the irrigation season, notes the Feds’ trimmed allocation will affect local refuges, other farms

Klamath Falls, OR – The Bureau of Reclamation has finally allowed the Klamath Project to officially begin its irrigation season today, a full month later than the traditional April 1st start date that Klamath Basin family farmers and ranchers have traditionally relied on.

With the delayed start date, the Bureau has also trimmed deliveries to Klamath Project irrigators. While 590,000 acre-feet of water will flow to the Pacific Ocean to meet claimed needs of salmon, Klamath Project farmers will receive 215,000 acre-feet, roughly 60% of the water needed for Klamath Basin agriculture and wildlife refuges served by the Klamath Project.

“In a year when snowpack reached over 200% of normal, and the Klamath Project continues to bear the brunt of questionable ESA demands, which is frustrating,” said Scott White, General Manager of the Klamath Drainage District. “But as with years past, I plan on working with TID and KID to sharpen our pencils and see how we can work together to the benefit of all the Project districts and the refuges.”

Bill Walker, president of the KDD board, added, “There are going to be 60,000 acres of farmland, including the Tule Lake National Wildlife Refuge and the Lower Klamath National Wildlife Refuge, that are probably going to go dry this year. I’m proud of the work my fellow KDD patrons are doing to free up water for Lower Klamath and create habitat on their properties, but at some point the Feds need to look at the ecological disaster they’re creating in the Upper Klamath Basin. In the meantime, KDD will continue to be the ‘Only Restaurant In Town’ that’s meeting the needs of the Pacific Flyway in the Klamath Basin.”

The Klamath Drainage District is uniquely situated to make the most of the limited 2023 water allocation. Due to the district’s natural geology and hydrology coupled with infrastructure investments, KDD returns or reuses more than 75% of the water used by patrons. Between December of 2021 and August, 2022, KDD sent approximately 3,100 acre feet of much needed water to the Lower Klamath Lake National Wildlife Refuge.

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 the tremendous wildlife viewing opportunities it provides.

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Download a PDF version of this press release

April 28, 2023May 1, 2023

KDD Offers Fliers On Klamath Basin Wildlife

Page from KDD flier "Klamath Basin Wildlife in KDD"

Klamath Drainage District patrons are enthusiastic about the wildlife that make their homes in our pastures and fields. From the raptors hunting for prey from the sky to our canals, ditches and drains filled with turtles, ducks and even otters, we’re proud of all the Klamath Basin wildlife that use our lands for habitat.

It should come as no surprise that for decades KDD has produced a flier touting the number of bald eagles seen in our district. A former KDD district manager, Joe Frost, put together a flier titled, “Eagles Flourish on KDD Lands”.

This document offers a great, brief history of KDD, the drainage district’s benefits to the ecosystem and Klamath Basin wildlife, as well as tips for viewing the eagles that nest in the Bear Valley National Wildlife Refuge and hunt in the Klamath Drainage District and the neighboring Lower Klamath National Wildlife Refuge. We hope you enjoy this short read, and if you’re planning on birdwatching in KDD, please be sure to visit “Eagles Flourish On KDD Lands“!

More recently, Klamath Drainage District’s PR Committee Members Scott Fentress and Joel McPherson have put together another flier for visitors to KDD lands – “Klamath Basin Wildlife in KDD”. They created this informative flier to hand out during the 2023 Winter Wings Festival field tours of KDD fields and pastures, and now we’re making this document available to the general public.

While Frost’s document covered a lot of KDD’s history and offered insights on when and where to best view bald eagles, Fentress and McPherson’s flier covers the variety of Klamath Basin wildlife that make their homes in KDD lands, what makes this area appealing to wildlife and how KDD patrons are making a positive impact on Klamath Basin ecosystems.

To read the content of this flier or to download a PDF version you can print out, visit “Klamath Basin Wildlife in KDD“.

If you’re interested and getting a copy of either flier, please visit the Klamath Drainage District business offices, 4240 Highway 39, Klamath Falls, OR 97603.

We hope you take advantage of the information from both of these fliers and pay a visit to KDD to check out the variety of wildlife our lands have to offer. While it’s just a little ways off the beaten path, once you take a side road through our district you’ll understand what makes it unique to the Klamath Basin!

February 27, 2023March 2, 2023

Wildlife Viewing in Klamath Drainage District

This article appeared on Page 10 of the January 2023 edition of the Herald And News’ BASIN AG NEWS. You can also read the full edition of BASIN AG NEWS at KWUA.org,

In the still of twilight, on a cool, calm, crisp morning; the sound of Canada Geese coming off their roost to go feed in a nearby field echoes across the landscape. Within minutes, as the day begins to make its mark, whistling wings are heard with the accompanying cry of mallard hens, calling for company. As the sun finally pushes over the crest of the Klamath Hills, the valley erupts with countless songs sung by the hundreds of species of migratory birds resting in the area managed by Klamath Drainage District (KDD).

Waterfowl and shorebirds migrating along the Pacific Flyway don’t recognize borders. For them, the term “wetland” is viewed in the literal sense. Land with water on it, particularly when it contains food resources, is potentially suitable habitat, whether it’s a privately-owned field, a drainage ditch, or a national wildlife refuge.

For the last decade, the Bureau of Reclamation’s operation of the Klamath Project has largely been governed by a hydrological model directing how much water must remain in Upper Klamath Lake for endangered shortnose and Lost River suckers and how much has to be released for threatened coho salmon in the Klamath River. The model also dictates how much and at what times water can go to Lower Klamath and Tule Lake National Wildlife Refuges. There are separate formulas and rules in the model for water going to farms and agriculture. In accordance with the model, over the last three years, just like farms and agriculture, both refuges received little or no water.

In the absence of adequate habitat conditions in Tule Lake and Lower Klamath, migrating waterfowl and shorebirds have been forced to find it elsewhere. Nowhere is the concentration of wildlife more apparent than in Klamath Drainage District (KDD), which comprises the reclaimed portion of Lower Klamath Lake in Oregon.

Over the last three years, the water used by KDD in the fall and winter, which occurs separate from the Klamath Project under district-owned water rights, has provided the majority of waterfowl and shorebirds habitat in the Klamath Basin. As a result, birders and other wildlife enthusiasts have quickly learned that KDD provides some of the best wildlife viewing opportunities in the Klamath Basin.

According to Scott White, the general manager of KDD, “landowners in the district recognize the importance of wildlife on their lands and take great pride in the close connection between their farming operations and the habitat it provides.”

“While most of the lands within the district are privately owned, we have gotten accustomed to having the public driving around, stopping, and viewing wildlife. So long as people don’t trespass, stay on public roads, are mindful not to block driveways and maintenance roads, and are generally respectful, we are happy to have them visit the district.”

According to White, some of the best places to view wildlife in the district are conveniently located along public roads. “Township Road takes you right through the heart of the district,” according to White, including a portion of the refuge within KDD known as Area K. The dirt roads along the Klamath Straits Drain are also public land, though White cautioned Reclamation is still irrigating these lands and roads may be blocked because irrigation lines are across the public roadways.

Running along the Oregon-California border, Stateline Road also provides ample wildlife view opportunities both in KDD and the refuge. Along Stateline Road one can also see the only water being delivered to the refuge, through Ady Canal, which KDD owns and operates. These deliveries are helping maintain Unit 2, which is the only area of the refuge presently containing water.

December 21, 2022December 23, 2022

Fall & Winter Flooding In the Klamath Drainage District Yields Benefits for the Klamath Basin and Klamath Project

Geese in a winter flooded field in the Klamath Drainage District

Klamath Drainage District landowners have practiced fall and winter flooding since the inception of the district. Despite the number of years it’s been used to the benefit of not only KDD family farmers and ranchers, there are benefits to the Klamath Basin as a whole.

An important fact that should be discussed more is that KDD returns or reuses more than 75% of the water that is used in the district. Other than ensuring the landowners of KDD can produce a crop, that fall and winter irrigation water is also used to benefit:

- Klamath Basin refuges
- Augment flows in the Klamath River
- Get reused in KDD
- Offer support for other districts in the Klamath Irrigation Project
- Lessen demand on Upper Klamath Lake at a critical time for C’waam and koptu spawning
- Rehydrate the aquifer that produces cold, clean spring water to the Klamath River

Bald eagle perched on pivot hunting the flooded fields of the Klamath Drainage District. Photo by Scott White — KDD’s winter flooding offers hunting opportunities to threatened species, such as the bald eagle.

KDD, Klamath Basin Wildlife & The Refuges

With the refuges of the Klamath Basin getting last in line priority, KDD fields are essentially “the only restaurant in town” for the birds of the Pacific Flyway. Fall harvest has provided much needed food and habitat for songbirds, ducks, geese and cranes. Flooding the fields brings out mice and other prey for for bald eagles and other area raptors to feast on while also decreasing the need for pesticide use. In effect, KDD is the default habitat for migrating birds and other wildlife.

Speaking of the refuges, from December of 2021 through August, 2022, KDD sent approximately 3,100 acre feet of much needed water to the Lower Klamath Lake National Wildlife Refuge. While we can hope that much needed precipitation will help salvage our wetlands, right now, KDD has been the only source of water for the refuge. And without winter flooding, the chances of KDD being able to make water available for the refuge becomes incredibly slim simply from the fact there is no water for KDD to reuse for it.

KDD Winter Flooding and Its Impact on Upper Klamath Lake and the Klamath River

The beauty of maximizing KDD’s winter deliveries is that it has no impact on the fishery. KDD’s allocation is only 2% of the forecasted fall and winter inflows to Upper Klamath Lake. In reality, that is less than 1/10 of a foot on Upper Klamath Lake and 5% of the rate in the Klamath River. On top of that, the Klamath Drainage District has already limited its diversions by 60% to help fill Upper Klamath Lake, and the Klamath River is projected to get 58% of fall/winter inflows.

Fall and winter flooding allows KDD to return that water to the system in the spring when it’s desperately needed for salmon spawning. Plus, in March and April when the demand for Klamath Project irrigators is ramping up, KDD has little to no demand at that time when the district receives its full allocation.

How is this possible? The marshlands reclaimed for farmland from Lower Klamath Lake has acted like a “sponge” for millenia, taking in and holding moisture that would be released later in the spring and summer. As the warmer months of the spring roll, the ground is already charged and ready for the growing season ahead. On the other hand, if these fields weren’t flooded during the fall and winter, KDD patrons’ needs from Upper Klamath Lake would add to the stress on Upper Klamath Lake when other districts are making demands on the lake, and there would be no water to send down the Klamath River to help augment spring spawning flows.

But there is a challenge KDD is facing at the moment – the Bureau of Reclamation’s has taken over 900 acre feet in Area K. With the Bureau taking this water, they’ve left no water in our drains for us to utilize for our patrons, which in turn requires us to take more of our winter allocation in order to meet our landowners’ demand.

Geese in a winter grain field in the Klamath Drainage District

KDD’s fall harvest leaves winter feed and habitat for a variety of birds

Rainbow over a flooded field in the Klamath Drainage District

Winter flooding provides a number of benefits to the Klamath Basin and the Klamath Irrigation Project

Coyote hunting the flooded fields of the Klamath Drainage District

The winter fields of KDD offer hunting opportunities for a variety of predators, such as this coyote

KDD Patrons Pay the Bureau of Reclamation for Operating Costs

Klamath Drainage District patrons pay 20% of the operation and maintenance (O&M) on the Link River Dam and Upper Klamath Lake. However, in the past these very patrons have not been eligible for any of the Bureau of Reclamation’s drought programs.

Without any drought assistance funding, KDD patrons become more reliant on irrigating in order to survive year to year. In the past, many KDD patrons have volunteered to set aside thousands of acres in order to help send water down the Klamath River. However, despite that offer, the Bureau of Reclamation still wouldn’t allow these patrons to participate in any drought response agency programs.

KDD continues to do the right thing to the best of its ability and within its legal authority to the benefit of the fish, wildlife, ecosystems, and other basin stakeholders and have made some tremendous partners over the years that share this same vision. If you’re interested in learning more, or interested in partnering with the district on any of the multiple sustainable projects the district is pursuing, the district is always looking for great partnerships.

December 9, 2022

Klamath Lawsuits Against The United States Tossed As Feds Claim “Sovereign Nation” and “Sovereign Immunity” Status

Meme of Batman slapping Robin to illustrate the United States Federal government unjustly using "sovereign nation" status to avoid a breach of contract countersuit from the Klamath Drainage District

“Every American deserves their day in court. Every American is innocent until proven guilty. These are core values enshrined in our founding document – the United States Constitution.”

John Garamendi

For Americans, the theory that everyone deserves their day in court is enshrined in our thoughts of the American judicial system and something we believe is protected by the Constitution of the United States. Whether you’re rich or poor, regardless of background, as a society we staunchly believe and hold close to our hearts the idea of every American being able to “have their day in court”. No one, not even the Federal government, is above the law.

However, if you happen to be a Klamath Basin irrigator, this is far from true.

Recently, the Klamath Water Users Association (KWUA), the Klamath Drainage District (KDD), Shasta View Irrigation District as well the Klamath Irrigation District (KID) brought cases against the Bureau of Reclamation hoping for relief from the Bureau’s onerous and disastrous single-species management of water from Upper Klamath Lake. In their cases, Klamath Basin Tribes up and down the river declared they were necessary parties to be involved in these lawsuits, and once the courts agreed, declared sovereign immunity and called for the cases to be dismissed.

The result? The cases were dismissed. KWUA, KDD, Shasta View and KID were denied their days in court for a final decision on how the Bureau of Reclamation uses the stored water in Upper Klamath Lake in relation to appeasing the outdated demands of the Endangered Species Act.

However, for patrons of the Klamath Drainage District, it gets even worse.

In United States v. Klamath Drainage District, the United States on behalf of the Bureau of Reclamation sued KDD for breach of contract. At the heart of the case, the Feds argued that by KDD using its Oregon state water rights, they were in breach of contract by taking any water on behalf of KDD patrons, even despite the fact that in the past the Bureau has encouraged and preferred that KDD exercise their state water right (a separate supplemental right in the name of the district only) in times of drought.

In examining the contracts, KDD found that the Bureau was in fact in breach and filed a countersuit. Sounds reasonable, right? Your government sues you for doing something it has always asked you to do, and you find that they’re not living up to the contract they signed, so you file a counterclaim.

However, if you’re the Federal government, you don’t have to give the citizens their day in court or their chance for justice. Instead, you proclaim “sovereign immunity” and that you cannot be sued without an express statutory waiver of immunity. You’ve read that correctly – on behalf of the Bureau of Reclamation, the United States declared itself to be beyond reproach to the patrons of the Klamath Drainage District. Meanwhile, various Tribal entities and environmental groups continue to sue the Federal government.

There is a danger to the US Constitution when the Federal government decides to bully one group of citizens in this manner while exempting others. Doing so creates a special class of citizens that can do as they please while denying others justice. And while many hate the “slippery slope” argument, this action by the United States Federal government creates a path to stripping our citizenry of its rights. If actions like this are to stand, slowly and surely the right to your day in court will have been stripped by the very people sworn to protect and uphold those same rights.

The Federal government’s move to declare itself immune from suit by KDD patrons also sets up a situation where reasonable people are forced to make unreasonable choices. Our patrons have been trying to work with the Bureau of Reclamation to provide water for area refuges. Our patrons have been on the forefront of trying to help with sucker fish recovery and come up with solutions to clean water before it heads down the Klamath River. Our patrons have been touting the needs of the birds of the Pacific Flyway. In short, KDD patrons have been trying to foster an atmosphere of cooperation with the Bureau of Reclamation and the Federal government.

But the recent actions of the Federal government only work against this nature of our patrons to cooperate.

And the last thing we need in the Klamath Basin and the Klamath Project is less cooperation.

To say the Klamath Drainage District is dismayed by the Federal government and Bureau of Reclamation’s actions is mild. To be very frank, to see the cooperation we’ve been trying to provide, to see that actions they have encouraged us to take in the past are now seen as breaking a contract, and then to exempt themselves from being held accountable for their breaches of contract is infuriating.

We hope you will see the Feds’ actions as what they are – unconstitutional, against what our Founding Fathers envisioned for our nation, and dangerous to every American citizens’ rights.