Quotes from the KBRA

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Klamath Basin Restoration Agreement, the new Law of the Land, lesson for 2/7/10

* The January 2008 version, "Within one year of the Effective Date, the Klamath Basin Coordinating Council shall identify a lead entity to undertake a study to evaluate the feasibility of replacing or otherwise reducing the diversion from the Klamath River Basin to the Rogue River Basin ...Section 17.3.2.

* 2010 version – who the water will be taken from, where will it go, and who decides
*
quote from Ed Sheets, KBRA facilitator explanation regarding eliminating the words "Rogue River Basin" in the KBRA: "it was too hot of a political item for the time being"
* Letter from KWUA director Greg Addington, "...
It is true that a previous draft of the agreement did mention* Rogue diversions*, but only from the perspective of maintaining an overly thorough *inventory* of where water that originates in the Klamath system ends up... we along with the state of Oregon sought - and all other settlement parties agreed - to remove that particular reference and make no mention of the Rogue Valley or any water used there. I would encourage you to ask those propagating this position to cite specific passages in the document that cause them concern on this issue."

 
Verses from the KBRA Bible, Klamath Basin Restoration Agreement, the new Law of the Land, with comments by Rex Cozzalio, Montague1/29/10
Did you know that in the Klamath Basin Restoration Agreement, 18.4 p 98 working draft May 6, "Climate Change: The parties will determine as early as practicable, whether and, if so, how long term climate change will affect the fisheries and communities of the Klamath Basin. The Parties will re-convene to negotiate in good faith any supplemental terms to this Agreement which may be made necessary by changes in the climate in order to achieve the Parties' goal of maintaining sustainable fisheries and communities." KBC Note: remember, the passel of 9 NGO's and endless government agencies and 2 farm reps are at the table in a non-consensus group. If the majority thinks the farmers need to give up more water to sustain fish....
Klamath Basin Restoration Agreement changes the purpose of the Klamath Project. The Klamath Reclamation Project was built solely for irrigation. Our settlers rerouted the lake water into canals, lakes for storage for irrigation water, then diverted it out of the Project, into the refuges and Klamath River:
"15.1.3. Modification of Klamath Reclamation Project Purposes. "The Parties support the following term in the federal Authorizing Legislation. The purposes of the Klamath Reclamation Project include irrigation, reclamation, domestic, flood control, municipal, industrial, power, National Wildlife Refuge, and fish and wildlife purposes." Continue reading the above link for the allocations for wetlands, refuge farmers and walking wetlands.
From a KBC Reader: "Whose power does this expand? What landowner rights does this diminish?"
The KBRA and protections from the ESA: "20.4. Reservations. 20.4.1. Reservation of Rights by the Tribes.The Tribes hereby reserve their rights to enforce any Regulatory Approval, including biological opinions under the Endangered Species Act, contemplated by and Consistent with this Agreement under Applicable Law. The obligations of Section 20.3.B.iii (1) through (4), and iv (1) through (4), do not apply to such  enforcement; provided that Section 7.4.2 is applicable. Further, nothing in this Agreement shall preclude any Tribe from pursuing or obtaining authority under 33 U.S.C. sections 1377(e) nor limit its obligations under any such authority."
Klamath Basin Restoration Agreement Page 80, Draft 11......Wildlife Refuge Lease Lands, walking wetlands, measuring water: "...and all water delivered into and taken out of Klamath Reclamation Project facilities will be measured."

 

Items of interest in the Klamath Basin Restoration Agreement: Draft 11 5/6/09 pdf   HERE for text
Where to Look:
Chinook, steelhead, coho, and lamprey introduced into the Klamath Basin?(KBRA11.1.2B)
   Modification of Klamath Reclamation Project Purposes 15.1.3

   Klamath Water and Power Agency/KWAPA considers  "
measures for short-term, intermittent, long-term, and permanent application to meet the purpose of the plan: conservation easements, forbearance agreements, conjunctive use programs, efficiency measures, land acquisitions, water acquisitions, groundwater development, groundwater substitution, other voluntary transactions, water storage, and any other applicable measures. 15.2.3
   21.5. Reservation. By entering into this Agreement, NMFS and FWS are not prejudging the outcome of any process under the ESA and NMFS and FWS implementing regulations, and NMFS and FWS expressly reserve the right to make determinations and take actions as necessary to meet the requirements of the ESA and implementing regulations.
    *
See KBRA table of contents for studies and issues with climate change, refuge and walking wetlands allocations, groundwater measuring and control, rules for litigating, new governance, money for tribes, restoration, endangered fish introduction.
    Klamath Tribe document of intensions -  putting land into tax-exempt trust, ...intends to "buy back private lands....and secure funding for purchasing retired water rights, conservation easements...assert tribes senior water rights...expand gaming...exchange for federal lands..."
    Recently circulated agenda of a KBRA secret PAIL meeting including mention of Keno Dam removal discussions 1/28/09
 
 
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