Our Klamath Basin Water Crisis
Upholding rural Americans' rights to grow food,
own property, and caretake our wildlife and natural resources.
.CONFIDENTIAL AND PRIVILEGED SETTLEMENT COMMUNICATION
January 16, 2009
measures should be limited to implementing secretary's determination and
d. Should the legislation say anything about state and local permits?
.Annual licenses- if still under FERC's jurisdiction, it would have effect on
local/state permits. Do we say anything about state and local permits?
.How do we preserve FERC handle on permitting?
.Local permits required- grading, zoning, road easements held and wide
enough for equipment. Suggest a white paper on this.
.Assignment: California (Kirk Miller)- will look at state and local permits.
..California Ocean Program requires a demolition permit? May be hard to
.Siskiyou county- does not have grading permit, but want to give authorization for any state or local action.
v. Oversight of Removal Implementation
b. What will be the vehicle for oversight by settlement parties of removal
implementation --enforcement of federal or state permits?
.Will DRE be empowered to get permits?
.Who will be supervisor of DRE as a matter of law?
.Every party wants assurance that performance will be adequate and avoid
environmental impacts and liability
.DRE has to agree to implement contract and stand in court to answer for
damages based on their action, and meet standards of final agreement going
forward. Responsible financially and technically.
c. Federal agency oversight of a contract with the dam removal entity?
.Issue of cost. Including a federal DRE may reduce costs.
.A non-federal DRE may bid for removing all 4 dams, whereas federal
government may find 4 different entities for 4 removals and save money?
..Federal DRE- you have protection of Federal Torts Claim Act, which would
reduce cost of dam removal. Federal DRE may be exempt from some
Experience in CA using federal DRE has not been faster or cheaper (ex.
~ Battle Creek)
d. An oversight committee established under the final agreement?
.Steve Rothert's suggestion re separate workgroup for science- Rec is
doing background work on proposal for implementing secretary's
determination re Section V of AlP. Want to avoid advocating for science
instead of using a certain approach. Rec will make it available to settling
.Important to get agencies' views on capabilities before brainstorming on
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