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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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.

November 15, 2022November 15, 2022

Ensuring Water for Klamath Project & KDD May Be Good for Your Mental Health

Ducks taking flight in canal in the Klamath Drainage District

October 27, 2022December 19, 2022

Klamath Ag Salmon Recovery Arguments Receive Unlikely Support

Sand Hill cranes and migrating geese in Klamath Drainage District field

August 23, 2022

Use KDD & the Klamath Project to Cool the Klamath River for Salmon

July 11, 2022July 11, 2022

Media Release: RECLAMATION FILES SURPRISE COMPLAINT AGAINST KDD

July 11, 2022

FOR IMMEDIATE RELEASE

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

RECLAMATION FILES SURPRISE COMPLAINT AGAINST KDD

District disappointed in Government’s conduct

Klamath Falls, OR – The day after our country celebrated its independence, and just three days after water in KDD’s North Canal was used to fight a wildfire in a nearby Midland neighborhood, the United States Department of Justice, on behalf of the Bureau of Reclamation, filed a complaint against the district alleging there is no “Project Supply” available for the district and further alleging the district is making “unauthorized diversions” in breach of its contract.”

Scott White, General Manager for the district notes that this is not a contract issue at all and points to the district’s existing water rights of record. “The Bureau has literally acknowledged and affirmed KDD’s water rights in the past and encouraged us to exercise them when there is no Project Supply available,” said White. “It’s incredible that they claim we are in breach of contract for doing the very thing they asked of us for years.”

KDD owns all the district’s delivery infrastructure except for the Ady Canal headgates which the Bureau says are owned by the United States. The district and its landowners are privileged with three notable water rights; a 1905 Project Claim, an 1883 claim, and a 1977 supplemental permit to be used in times of shortage.

The district is also bound by contract to deliver water to water users outside of the district, but the complaint makes no mention of the district currently facilitating the conveyance of water to the refuge under state law. “The Bureau is out of its lane in picking and choosing which law to recognize,” states Bill Walker, President of the district. “The Bureau supports state law when it means getting water to their land but does not when it means getting water to family farmers and ranchers. This isn’t law, this is politics.”

In the wake of another dry water year for Project districts, the Bureau requested that the districts come up with a plan to distribute the delivery of water to the Project based on targeted lake elevations. The districts, including KDD, spent countless hours and resources generating the plan in good faith. The plan included a distribution of water for the districts, including KDD. However, with an executed bait and switch, the Bureau then neglected to respond and went forward issuing their own plan and letters to districts counter to the districts’ plan.

The Bureau also denied KDD landowners eligibility for DRA programs that could have made 12,000 to 16,000 acre-feet available for other water uses by partially compensating farmers for not irrigating. “The Bureau continues to target our small district for their failure at managing the Project,” expressed White with disappointment. “We do so much good for the refuge, the fish, recirculation of our water, and preservation of our lands and wildlife, but none of that matters I guess.”

Walker notes the amount of effort the district has made to work with the Bureau. “We have been holding out the olive branch for the Bureau for so long and all we have gotten for it is a lawsuit and a stronger back. We are a district that believes in working with and for our neighbors. We are very disappointed in the United States right now.”

The Department of Justice filed their complaint in the United States District Court, District of Oregon, in Medford. There is no set date for trial.

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Download a PDF version of this press release.

July 8, 2022July 11, 2022

Klamath Drainage District Canal Aids Firefighters In Midland Fire

Imagine a fire on a hillside starting and it’s in your backyard. In the dry summer heat, the flames quickly grow and multiply, consuming the dying cheat grass, sagebrush and everything else on the hill. Fire doesn’t give a damn for fences, public land versus private, homes versus open ground. It just consumes.

A helicopter with a bucket drop arrives, and makes a pass over the water. But it’s a long trip back to another water source, likely Upper Klamath Lake, and only God knows how much more the fire will consume.

This is where Klamath Drainage District, and the Klamath Project for that matter, make a difference.

On July 2nd, that scenario took place. Had it been 2021 instead of 2022, the dry canal wouldn’t have done any good and perhaps some homes would have been in immediate danger. But this year, even with the scant Klamath Project, there was enough water in the KDD canal next to the fire to allow the helicopter to quickly drop water on the fire.

While federal scientists, environmental advocates and Tribal interests point at the Klamath Project and KDD as “irrigating the desert”, they fail to see the actual good agriculture in the Klamath Basin provides.

The hundreds of miles of canals, ditches and drains provide a replacement for the wetlands that were drained to allow the Klamath Basin to contribute to feeding a hungry nation and world. When the Feds at the urging of the NMFS decide to drought the Project, human health and safety are greatly impacted, as we’ve seen over the last two years.

If not for KDD’s canal, we can only speculate on the damage that fire could have caused and who it could have harmed. Luckily, it was there, full of water and able to aid the firefighters who were able to get the fire under control and protect a threatened neighborhood.

This is why when we say, “good for wildlife, good for Klamath Basin communities” we’re earnest in that statement.

What’s good for the Klamath Drainage District IS good for basin wildlife – and people.