Time to Take Action
Our Klamath Basin Water Crisis
Upholding rural Americans' rights to grow food,
own property, and caretake our wildlife and natural resources.

Pie N Politics » Klamath dam removal is  against Congressional Laws and 
the Constitution_ (http://pienpolitics.com/)  
_http://pienpolitics.com/?p=8156_ (http://pienpolitics.com/?p=8156) 
Klamath dam removal is against Congressional Laws and  the Constitution
February 17, 2012
From: Dr. Richard Gierak
5814 Highway 96
Yreka, Ca. 96097
530 475-3212
Congressional Law and the  Constitution as it relates to the KBRA and KHSA

The KBRA and KHSA, demanding removal of four hydroelectric dams on the  
Klamath River, promoted by the Departments of Interior, Commerce and the  
California Fish and Game Commission are in direct violation of the following  
Congressional Acts.

“Wild and Scenic Rivers Act” passed in  1961
“Magnusson Stevens Act” passed in 1976
“Sustainable Fisheries Act” passed in  1996
“Dormant Commerce Clause” as part of the  Constitution of the United States

The release of 20 million cubic yards of toxic sludge into the Klamath 
River  will violate the “Wild and Scenic Rivers Act” by changing values present 
 in the designated river at the date of  designation in 1981. Historical 
documents state that before the  dams the Klamath River, in a drought year, 
would revert to marshes and swamps  and thereby would not qualify as a Wild 
and Scenic River.

The Magnusson Stevens Act and the Sustainable Fisheries Act, passed by  
Congress, specifically states that a listing of a species as endangered can 
only  have authority to modify water  and substrate only. This is the 
definition of Essential Fish  Habitat which applies to all navigable waterways in the 
United States. Dams are  neither water nor substrate and therefore may not 
be considered for removal or  modification.

The Dormant Commerce Clause states that a State may list any species as  
Endangered, however, on a navigable river they have no authority to impose any 
 regulatory action. Only a Federal listing of endangered can initiate the  
Essential Fish Habitat actions.

Based on the above violations of Congressional Law and the Dormant Commerce 
 Clause in the Constitution the KBRA and KHSA may not proceed and should be 



In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

Home Contact


              Page Updated: Sunday February 19, 2012 03:52 AM  Pacific

             Copyright © klamathbasincrisis.org, 2001 - 2012, All Rights Reserved