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 12/9/05 KWUA Dec 8 update

PCFFA vs BOR Page

Anti-Agriculture Groups File Motion

On behalf of the Pacific Coast Federation of Fishermenís Association (PCFFA) and other plaintiffs, Earthjustice today filed a Motion for Injunctive Relief with the 9th Circuit in San Francisco.

Parties to the case have been preparing for a schedule at the district court level where the PCFFA decision was remanded. Pacific Legal Foundation, on behalf of the Klamath Water Users filed a motion for rehearing with the 9th circuit court on December 2, 2005.

Specifically, PCFFA is seeking an order enjoining the Bureau of Reclamation (BOR) from making irrigation diversions at the Klamath Project unless flows in the Klamath River below Iron Gate Dam meet 100% of the flows called for in Phase III of the Klamath Irrigation Project Biological Opinionís Reasonable and Prudent Alternative ("RPA") or until a new biological opinion is completed and reviewed by the district court.

PCFFA goes on to claim that injunctive relief is necessary from this Court because a Petition for Rehearing has been filed, and the district court will likely not have jurisdiction in a timely manner to prevent harm to juvenile salmon in the first months of 2006.

"It is a strange motion for them to make. Apparently they arenít satisfied that the 9th circuit agreed with them in their original appeal" said Greg Addington, Executive Director for the Klamath Water Users Association.

"It makes you wonder if they are really concerned about fish, or just want to make life difficult for agricultural producers", said Addington.

KWUA is represented by Pacific Legal Foundation lead attorney Rob Rivett. Pacific Legal will be preparing an opposition to this motion.

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