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.

Grebes swimming along Stateline Road in the Lower Klamath National Wildlife Refuge.

The shadow of a bald eagle overlooking Unit 3 in the 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

January 14, 2024July 29, 2024

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:

“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.

Ducks and geese in wetland on Lower Klamath National Wildlife Refuge. Photo by Darcy Hill

A peaceful morning on Lower Klamath National Wildlife Refuge.

Open water and reeds on Lower Klamath National Wildlife Refuge. Photo by Darcy Hill

One can imagine how Lower Klamath looked when it was nicknamed ‘Gem of the Pacific Flyway’

Canada geese landing in a wetland along Stateline Road in the Lower Klamath National Wildlife Refuge. Photo by Darcy Hill

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.

September 14, 2023

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

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 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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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.