Our Klamath Basin Water Crisis
Fighting for Our Right to Irrigate Our Farms and Caretake Our Natural Resources

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           Lawsuit by Environmentalists

  Wendell Wood wrote:

March 8, 2001

MEDIA ADVISORY AND BACKGROUND:

For More Information:
Felice Pace, Klamath Forest Alliance (530) 467-5291 
Tim McKay, Northcoast Environmental Center (707) 822-6918
Wendell Wood, Oregon Natural Resources Council (707) 465-6541; (541) 783-2206
Bob Hunter, WaterWatch (541) 772-6116
Bob Freimark, The Wilderness Society (206) 624-6430 ext. 228
Jan Erik Hasselman, Earthjustice Legal Defense Fund (206) 343-7340

CONSERVATIONISTS ISSUE LEGAL NOTICE AIMED AT 
PROTECTING KLAMATH BASIN'S ENDANGERED SPECIES

Seven conservation organizations, represented by Earthjustice Legal Defense 
 Fund, have sent a 60-day notice of intent to sue to Bureau of Reclamation 
 (BOR) and Interior Secretary Gail Norton for violations of the Endangered 
 Species Act in the BOR's proposed operation of the Klamath (water) Project 
 in the Klamath Basin of southern Oregon and northern California. 
 
 Organizations giving BOR notice of intent to sue are Oregon Natural 
 Resources Council, Klamath Forest Alliance, Northcoast Environmental Center, 
 Golden Gate Audubon Society, WaterWatch, Sierra Club and The Wilderness 
 Society. 
 
 Conservationists charge that BOR has not completed its legal obligations to 
 consult with the US Fish and Wildlife Service (USFWS) as required under 
 Section 7 of the Endangered Species Act. At issue is the BOR's proposed 
 2001 Klamath (water) Project operating plan that will once again fail to 
 provide even minimal water needs for endangered species in Upper Klamath 
 Lake and on the Klamath Basin National Wildlife Refuges. 
 
 Specifically, operation of the project as proposed will impact (still 
 listed) threatened bald eagles, by not providing water to Lower Klamath 
 National Wildlife Refuge--a major bald eagle winter feeding area. Local 
 irrigation demands also have often left Upper Klamath National Wildlife 
 Refuge with no water during the critical fall waterfowl migration season. 
 
 Additionally, priority diversions of water for commercial agriculture will 
 further endanger fish native to the upper Klamath Basin. Of major cultural 
 significance to The Klamath Tribes are fish known as C'wam (tshuam) and 
 Qapdo (cup-to) which were listed as endangered in 1988. These endemic 
 Klamath Basin fish species are also known locally as the "Lost River sucker" 
 (Deltistes luxatus), and "Shortnose sucker" (Chasmistes brevirostris). The 
 former, the only surviving species in its genus, achieves a length of one 
 meter and can have a life span of over 40 years. The latter is 
 approximately 18 inches in length and may live for over 30 years. 
 
 "We are especially concerned that the Klamath Falls office of the Bureau of 
 Reclamation is continuing a strategy of stall and delay in failing to fully 
 meet its legal requirements to consult with the US Fish and Wildlife 
 Service," said Earthjustice Legal Defense Fund attorney, Jan Erik Hassleman. 
 "Because water shut-offs ultimately impact threatened species in the Klamath 
 River such as coho salmon, BOR should have long ago completed consultations 
 for operation of the Klamath (water) Project before the beginning of this 
 water year (2001)." 
 
 (While not the subject of this particular 60-day notice, BOR has also failed 
 to initiate Endangered Species Act consultation with the National Marine 
 Fisheries Service with respect to providing adequate river flows for 
 threatened coho salmon in the Klamath River.) 
 
 "BOR's proposed limited flows and water diversions for Klamath Basin 
 agriculture also will have a significant negative impact on recreational 
 businesses, as well as sport, commercial and tribal fisheries," said ONRC's 
 Southern Oregon Field Representative, Wendell Wood. "These impacts also 
 result when water needed by fish and wildlife is instead used to irrigate 
 commercial agricultural crops grown on federal national wildlife refuges." 
 
 Conservationists cite USFWS memos that have for months requested that BOR 
 initiate consultation well before the beginning of the 2001 irrigation 
 season. In an extensive January 19, 2001 memo from the USFWS to BOR, the 
 USFWS also concluded that the BOR's "proposed action would likely lead to 
 significant (endangered) sucker mortality and prevent their recovery." 
 
 In the same memo, under "Preliminary Bald Eagle Status of Species and 
 analysis of Effects of Action," USFWS describes that without water at Lower 
 Klamath NWR this fall: "an unknown number of eagles may starve and an 
 unknown number of adult eagles may suffer from lowered condition at the 
 beginning of the breeding season." 
 
 The Service also wrote: 
 
 "Manipulation of the timing and amount of water available across the 
 landscape of the Upper Klamath Basin directly and indirectly affects the 
 health of bald eagles and the attainment of maintenance of recovery goals." 
 
 "One of the keys to (eagle) stability is feeding areas.Three main winter 
 (bald eagle) feeding areas are: Lower Klamath NWR, Tule Lake NWR, and the 
 agricultural lands adjacent to the refuges." Additionally, "in the last 10 
 years Tule Lake has been almost abandoned as a feeding area largely due to a 
 lack of waterfowl presence in the late winter," and "over the last five 
 years, wintering bald eagle use of other areas in the Basin has declined 
 markedly, indicating that Lower Klamath NWR is the preferred habitat of 
 these birds." (Adjacent private lands are now little used by eagles because 
 they are flooded too early or freeze, and food sources needed for eagles are 
 no longer available by the time most of the birds arrive.) 
 
 Conservationists were shocked to learn of the impact that the operation of 
 the Klamath (water) Project continues to have on the Klamath Basin's 
 endangered fish species, as detailed in the Jan. 19, 2001 memo from USFWS to 
 BOR. Under "Preliminary Status of Species - Lost River & Shortnose Sucker," 
 the memo states: "from 1995 to 1997 there was a substantial decline in the 
 numbers of adults making spawning runs in the Williamson River, that 
 amounted to an estimated 80-90% reduction in the adult population size for 
 both LRS (Lost River suckers) and SNS (Shortnose suckers)" in Upper Klamath 
 Lake--Perkins et al. in prep. "Markle et al (2000) found evidence that 
 numbers of suckers in the Williamson River spawning migration in 1999 were 
 still apparently depressed by loss of adults in 1995-1997 fish kills." 
 
 In a previous Nov. 21, 2000 memo from the USFWS to BOR Subject: "Comments on 
 Nov. 8, 2000 pre-draft BA for Klamath Projects operation as they affect 
 listed species" it additionally states that BOR has not analyzed "unscreened 
 diversions of Project water, by private individuals and groups, that may 
 harm listed suckers, and return flows from lands irrigated by the Project 
 that may contain sediment, nutrients, and organics, as well as pesticides 
 and other contaminants that could affect listed suckers and bald eagles." 
 
 The US Fish and Wildlife Service maintains that due to near elimination of 
 these adult endangered fish in Upper Klamath Lake, the lake should be 
 maintained at least one foot higher. "Previous minimum lake elevations, 
 while not protecting endangered fish, also regularly left Upper Klamath 
 National Wildlife Refuge totally without water during the critical migratory 
 waterfowl season," Wood said. 
 
 Conservation organizations also are deeply concerned about BOR's 
 administered commercial farming operations, whereby leases are annually 
 awarded on over 20,000 acres on Lower Klamath and Tule Lake National 
 Wildlife Refuges. Here, BOR project water is used to grow 
 pesticide-intensive crops of no value to wildlife. Ironically, the water 
 that was consumed by these commercial crops last year was approximately 
 equivalent to the water needed to flood refuge wetlands. Unfortunately, 
 such water was not delivered last year until after fall rains had met all 
 other basin irrigation needs. According to the conservationists' 60 day 
 notice, the BOR proposes to similarly operate the Klamath Project in 2001 in 
 a way that could have a significantly negative impact on the region's 
 wintering bald eagles. 
 
 "Besides providing winter feeding habitat for 90% of the area bald eagles, 
 Lower Klamath normally supports the largest concentration of waterfowl in 
 the Pacific flyway. Impacts to these birds harms consumptive and 
 non-consumptive wildlife related economies throughout Oregon and other 
 Pacific states," Wood said. 
 
 "Because fully three-fourths of all migratory waterfall in the Pacific 
 Flyway go through the Klamath Basin--improvements to the refuges and the 
 reestablishment of wetland habitats is the most cost-effective way to 
 favorably impact economies in this flyway from northern most Alaska to 
 Argentina," Wood said. 
 
 "For over 80 years, the Basin has been ruled by BOR Klamath Project and 
 irrigated agriculture. Farming has monopolized the Basin's riches and 
 poisoned them in the process. It is penny wise and pound foolish to grow 
 highly subsidized crops for which markets are increasingly depressed or 
 lacking, while impoverishing our nation's premier wildlife refuges to the 
 detriment of this part of the Klamath Basin's economy and many other 
 economies throughout the length of the Pacific flyway," Wood said.


 

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