rights of non-Indian purchasers of Klamath Indian
To: Commissioner of Indian Affairs From Solicitor
In the Battle for the
American West, the cowboys are losing.
"Now, the Hage cows are gone from that private pasture
and the family ranch is in foreclosure."
Hage v. U.S.
November Issue by Scott
Happy Easter! He is Risen!
Merkley to host town halls in Klamath, Lake counties
April 3, H&N 3/28/18. "Merkley
will update constituents on his work in Washington,
D.C., answer questions and invite their suggestions
about how to tackle the challenges facing Oregon and
America." KBC NOTE: Hopefully Merkley has
turned over a new leaf, as he supported close door
"settlement" meetings, giving land to the Tribes they
previously sold, downsizing agriculture, and still
supports destroying Klamath River hydro dams despite 70%
opposition of Klamath County and 80% opposition Siskiyou
County. Did our "suggestions" matter?
The more corrupt the state, the more numerous the laws,
Oregon State Senator Dennis Linthicum District 28, March
tax scheme will force 192,000 small businesses to pay
$258 million in 2018 taxes while protecting large
multinational corporations..., ...two
Cap and Trade bills...would burden taxpayers with a
minimum of $700 million dollars in extra taxes,
annually...neither would make a discernible difference
in global greenhouse gas emissions..."
OSU Study: Coast Range Trout Thrive After
Oregonians for Food and Shelter, News Channel
21, KTVZ 3/28/18.
USFWS releases water from the refuge, H&N, 3/29/18.
Idaho tribes want fish passage above Snake River dams,
Capital Press KBC 3/28/18.
have said the Snake River above the dams is so degraded
it couldn’t support salmon and steelhead without
BOR recommends reduced water allocation. Pending court
action, no water start date guaranteed, H&N
education funding, mental health, H&N
Hoopa Tribe questions BOR Plan, Feds eye scaling back
antiparasite Klamath dam releases, Eureka Times
Standard, 3/26/18. "...The
bureau wrote in its court filing that it also evaluated
the option of releasing a smaller dilution flow, but
that the questions about these flows effectiveness still
existed. Including a smaller dilution flow would also
cause a complete irrigation shutoff in the Klamath
Project until as late as June 15, according to the
Obama-appointed District Judge William Orrick,
who ruled against President Trump in the sanctuary city
policy, and "ruled in favor of the Hoopa Valley
Tribe, Yurok Tribe and environmental groups’s arguments
in February 2017..." stated “courts are not
permitted to favor economic interests over
potential harm to endangered species.” He
will hear this Klamath case April 11th, and could
potentially determine the fate of the Klamath Basin
Hoopa Tribe Went 10 Times Over Trinity River Salmon
Catch Limit, WONews.com KBC 3/23/18.
Hoopa's catch was "...1,660 fall salmon last year when
its quota was only 163 fish, the Hoopa Tribe admitted it
knowingly went over its limits and allowed tribal
members to continue fishing, even though the fall salmon
season for sport anglers was completely shut down last
fall in the Klamath and Trinity rivers, and ocean
seasons were severely curtailed as well to protect
Klamath Basin salmon."
BOR PRESS RELEASE: Reclamation Responds to Klamath Water
Users’ Motion in District Court, Outlines Proposed 2018
Operations, 3/24/18. "Reclamation’s
proposal includes implementing a full surface flushing
flow, augmented with non-Project water; forgoing an
emergency dilution flow; and providing Klamath Project
irrigators with a supply of 252,000 acre-feet – 65
percent of a full project supply – with deliveries
commencing on April 19 with charging of main canal
Species battle pits protected sea lions against fragile
fish, H&N 3/23/18. "
the mammals’ numbers dropped dramatically but have
rebounded from 30,000 in the late 1960s to about 300,000
today due to the 1972 Marine Mammal Protection
Act...Last winter, a record-low 512 wild winter
steelhead completed the journey, said Shaun Clements,
the state wildlife agency’s senior policy adviser. Less
than 30 years ago, that number was more than 15,000...Of
all the adults that are returning to the falls here, a
quarter of them are getting eaten.”
threatens to file suit against BOR; District requiring
BOR response by Wed, H&N 3/23/18.
the Bureau not distributing water in accordance with
water law as it exists, they're causing irreparable harm
to every irrigator in the state,' Reitmann said."
Late water information sickening for users,
Bill Heiney, letter to the editor of H&N, 3/21/18. Heiney is board member of Tulelake Irrigation
District, and former board member of Klamath Water and
Power Agency/KWAPA. "2018 feels like a repeat of
2001. Our current watershed conditions are similar to
2015, but we have no allocation, no start date, and no
tools to develop a water bank...2001 was a year when I
saw many homesteader veterans lose faith..."
Agency may be awash in red ink from water litigation;
The Oregon Water Resources Department is on track to
overspend its litigation budget by $1.3 million in the
2017-2019 biennium, Portland Tribune
3/19/18. "Litigation over water has increased mostly
due to more regulatory calls cutting off water to junior
irrigators in the Klamath Basin...The agency has a
legislatively adopted budget of $98.6 million for
Tule Lake Basin Advisory
Group Membership for
North Coast Regional Water
Board Program for Discharges of Waste Associated with
Agricultural Lands in the Tule Lake Basin.
(quote from Klamath Riverkeeper's website in 2010: "Our
successful lawsuits, nonstop policy advocacy, and
targeted grassroots pressure forced PacifiCorp to sign a
stakeholder agreement to un-dam and restore the Klamath
River in 2010.
public meeting Tuesday 1 p.m. March 20; Water delivery
start date not expected at BOR meeting Tuesday, H&N 3/16/18
removal entity (KRRC) to host open house Tuesday,
H&N 3/16/18. HERE for
KBC's KRRC Page
Upper Basin ranchers get reprieve to water cattle,
H&N 3/15/18. "Ranchers
in the Upper Basin of Klamath County — and the town of
Chiloquin — received an emergency exemption from the
call on water Friday allowing them to use water for
their stock cattle and for human consumption...The
Klamath Tribes has the first rights to the water, which
it uses to protect endangered short-nosed sucker and
Lost River sucker."
file lawsuit claiming dams harm fish in Willamette Basin,
Capital Press 3/15/18.
CALIFORNIA - Undocumented immigrant appointed to
statewide post in California, Fox News 3/15/18
2018 Short Session Summary
Oregon State Representative 3/14/18.
Gov. Brown signs drought
Continued requests to be made for federal assistance,
Environmental groups sue over survival of steelhead,
chinook, The Spokesman-Review 3/13/18.
US considers protected status for wild spring Chinook,
H&N 2/28/18. "California's
Karuk tribe, which joined the Salmon River Restoration
Council environmental group in petitioning for more
protections for the fish, say the species is nearly
extinct throughout much of its range in Oregon and
The tribe blames Klamath River dams..."
Fish & Wildlife weighs drawdown of 10k acre feet from
lower refuge, H&N 3/13/18
Groups seek protection for unique Oregon salamander,
The Oregonian 3/13/18.
gets mixed bag out of short session, H&N 3/11/18. "House
Bill 4016 would have allowed irrigators within the
Klamath Project to temporarily transfer water rights
from one property to another to help mitigate potential
droughts...'Despite multiple supporting testimonies from
local constituents, this bill died in committee, due to
opposition from Portland environmental and local tribal
groups,' said (Rep)Reschke."
answers on water year,
“Bill Heiney, a third-generation Basin irrigator and
descendant of a homesteader:... 'When I bought my first
piece of ground, my grandfather, he said, 'One thing you
won't have to worry about is water,' ” Heiney said,
referring a water pact his grandfather had from the U.S.
Wyden talks Basin water crisis, bipartisanship at town
hall, H&N 3/11/18.
“What we’ve learned is that you can’t leave parts of
the community out of the solution...” KBC
NOTE: Democrat Senator Wyden has been are the forefront
supporting closed-door, partisan meetings with tribes,
government agencies and environmental groups that
promote destroying Klamath hydroelectric dams, giving
land to tribes that the tribes sold, downsizing
agriculture, etc. "Becky Hyde, a Klamath Basin
rancher, said she especially wanted to see more people
stray away from insults based on partisanship, adding
that true solutions could only be reached if people kept
away from giving each other metaphorical 'black eyes.' "
Go HERE for response to Becky Hyde's letter to
former Rep Harper
Wyden Renews Call for Klamath River Basin Solution,
YouTube video 9.5 minutes, discussion with Reclamation's
Deputy Commissioner Alan Mikkelsen. Mikkelsen: "...we
have a trust responsibility and an ESA responsibility to
make sure that the 2 species of endangered suckers do
not go extinct...FWS have a hatchery grogram...in 2018
we will be releasing the 1st 2 year old fish from that
KBC NOTES regarding above statements by Mikkelsen:
Mikkelsen and Wyden support destroying 4 Klamath
River Hydroelectric Dams as a "solution" to Klamath
Basin's water issues, and keeping high river and lake
levels by taking stored water from irrigators. Peer
reviewed science suggests otherwise:
Klamath ESA Congressional
hearing: On July
17, 2004, "Loggers, Farmers, Ranchers, Scientists, Settlers,
Indian Tribes, Coastal Fishermen, Congressmen, and
Government Agencies, came together to examine the Endangered
Species Act, the ESA. Fish Scientist David Vogel said, 'In
1986 the U.S. Fish and Wildlife Service staff
responsible for whether or not to pursue these (ESA)
listings believed there were only 12,000 Lost River
suckers in Upper Klamath Lake..they didn't believe they
were endangered. A couple years later...we now know for
a fact that number's exceeded by tens of thousands of
Lost River suckers. Now they flip flop and they say they
are endangered. What constitutes endangered?' "
* From DOI sponsored
Scientist Workshop, Chairman National Resource Counsel
Committee on Endangered and Threatened Fishes in the
Klamath River Basin, Dr.
William M. Lewis Jr spoke regarding the NRC
conclusions on suckers: "Lewis explained that the
suckers were listed since 1988 because of over harvest.
They stopped fishing in '87 but they did not recover.
The lake has gone from 3' range under natural conditions
to experiencing 6' deep in current dry years. With
charts and graphs he showed the habitat and water
quality, algae and chlorophyll. He said that the
committee looked extensively at water levels, and they
find 'no hint of a relationship'. He also said that
there was no relationship between lower water levels and
extreme ph levels ... '92 was the lowest water year, and
they expected it to be the least favorable for fish.
'The lowest water year produced the same amount of
larvae as other years...He said that fish kill
information does not support that fish are dying by
changing water level."
More on Dr. William M. Lewis Jr
Water users push back on injunction, H&N 3/9/18.
“Even last year, when it was wet, we almost weren’t able
to start irrigation on time because of the possibility a
dilution flow might be required, and letting that water
out of Klamath Lake would end up affecting ESA
requirements for suckers,” said Brad Kirby, president of
Reclamation to host annual public hydro meeting Friday,
H&N 3/6/18. Subject: water.
vs Water: water theft to grow pot undocumented, H&N 3/4/18. "California
legislators said the estimated 50,000 illegal grows in
the state were having a significant impact on water
availability. Senator Mike McGuire, D-Healdsburg, said
illegal grows were “literally sucking rivers dry” in a
Scientific American interview and connected grows to
dying fish populations."
Bureau Federation Friday Legislative Review 3/2/18