Klamath Basin settlement toc 011908

KBRA and other Klamath "Agreements" DOCUMENTS
Official Statements, Memorandums, miscellaneous documents below

One "reason" the tribes and environmental groups claim they want to destroy the Klamath River Dams is because the "salmon are going extinct." However:

Ocean anglers get long salmon season; In Brookings, Gold Beach area it runs May 1 through Sept. 9, Mail Tribune 4/7/12. "The liberal seasons are possible because more than 1.6 million chinook are estimated to be headed toward Northern California's Klamath River, the highest number in more than 30 years."

Klamath Resource Users, The KRU Report #1

Here for Copco Lake website, one of the communities that will vanish with the removal of Copco Dam on the Klamath River. HERE for their great Virtual Tour.

Memorandum of Agreement 11/13/2020 released today 11/17/2020. Top-down agreement between California and Oregon governors, PacifiCorp, KRRC, and Karuk and Yurok Tribes to destroy the Klamath River hydroelectric dams and make the taxpayers liable for everything that goes wrong.

The Executive Director of the California State Water Resources Control Board issued a water quality certification for the Lower Klamath Project License Surrender and certified the Final Environmental Impact Report for the Lower Klamath Project License Surrender, posted 4/14/2020

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION, Siskiyou County Water Users Association / SCWUA, Motion to Dismiss 4/24/18: "Siskiyou County Water Users Association (“SCWUA”), hereby moves to dismiss the application for transfer filed by PacifiCorp and the Klamath River Renewal Corporation (“KRRC”), on the ground that Congress has not consented to the transfer, and that an arguable mechanism of the expression of such consent, the Klamath River Compact (the “Compact”), has not been invoked. Absent Congressional consent, the KRRC is not qualified to receive the license. Put another way, it would be unconstitutional and a violation of federal law for FERC..."

Klamath River Compact, 1957
Klamath River Basin Compact is 'The Law of the River', H&N by James Ottoman 3/28/05

Transcribed VIDEO - Klamath County Board of Commissioners Meeting 2/14/17, Reaffirmation that the Klamath County Board of Commissioners opposes Klamath Dam Removal

Upper Klamath Basin Nonpoint Source Pollution Assessment and Management Program Plan; Klamath Tribal Water Quality Consortium, Aug 16, 2016, Comments WERE due Sept 18, 2016. Who knew about this plan to eradicate agriculture and all the dams in the Klamath River Basin? received and posted to KBC 9/20/16. KBC NOTE: Participants are 6 tribes (including Karuk and Hoopa), many federal and state agencies, Trout Unlimited, The Nature Conservancy, Klamath Basin Rangeland Trust, California Coastal Conservancy, ODEQ, State and Regional Water Quality Control Boards, and dozens more; most of the agencies, tribes and environmental groups are "stakeholders" in the Klamath Basin dam-removal agreements. "Given the large volumes of water in the Klamath Basin, very large wetlands (on the order of thousands of acres or tens of thousands of acres) would be necessary to have basin-scale effect...", they want to get rid of "... water rights, water availability, and landowner willingness issues...", " TNC recently acquired approximately 4,000 acres adjacent to Agency Lake Ranch and Barnes Ranch which it is in the process of restoring back to wetlands", Wetlands, by the way, evaporates nearly 2ce the amount of water used by irrigated agriculture, "The Upper Klamath Basin Comprehensive Agreement...calls for inflows to Upper Klamath Lake to be increased by 30,000 acre-feet per year to be achieved by reducing the net consumptive use of water for irrigated agriculture," Roads that are no longer necessary would be considered for ... removal,"..."The Consortium supports reduced irrigation and improved grazing management as a method to reduce irrigation demand," "Once plans are developed for how to remove the dams and appropriate permits are obtained, the dams should be removed. The KHSA targets 2020 as the year in which dam removal would occur."
Comments on the Klamath Tribal Water Quality Consortium by Siskiyou County Water Users Association Rex Cozzalio, received by KBC News 9/20/16

Notice of Potential Termination Event, KWUA / Klamath Water Users Association 1/16/16, from KWUA / Klamath Water Users Association to 'Parties to the KHSA.'"The Klamath Basin Restoration Agreement (KBRA) has terminated due to lack of federal legislation authorizing the KBRA. The KHSA is not divisible from the KBRA....citing original KHSA Art. 3.3.4.A and Appendix E (above) showing intertwined/interlinked relationship between KHSA & KBRA (now incorporated, in part, in KPFA" ...

*** "Confidential and Privileged Settlement Communications"
2016 KLAMATH POWER AND FACILITIES AGREEMENT, 3/31/16. This is the amended DRAFT of the KHSA / Klamath Hydroelectric Settlement Agreement (Klamath Dam destruction deal, largest in the world). KBC Note: This amended draft was distributed to parties only the past few days, not made public, and the deal is set to be signed April 6th, bypassing the public, Congress, and Klamath and Siskiyou County governments (which oppose the dam-removal deal, where the Klamath Hydroelectric dams are located.

* 3/4/14 - Proposed Upper Klamath Basin Comprehensive Agreement
* Upper Klamath Basin Agreement and Exhibits
* Upper Klamath Webpage
* Water Task Force webpage

Memorandum: Federal Authorities to Implement the Klamath Basin Restoration Agreement, by John Bezdek, Department of the Interior, to the Klamath Basin Task Force 11/20/13

Video and Transcripts - FULL COMMITTEE HEARING: Water Resource Issues in the Klamath River Basin before the U.S. Senate Committee on Energy and Natural Resources, SH-216 Senate Hart Building 6/20/13.

Karuk Tribe documents of litigation against PacifiCorp, reposted to KBC 6/3/13, sent by Craig Tucker, Karuk tribal spokesman.

Notice of Availability of the Final Environmental Impact Statement/Environmental Impact Report for Klamath Facilities Removal, 5/29/13

***Draft Dam Removal Studies EIS/EIR 9/21/11
Comment period extended to Dec 30. on KBRA/KHSA Klamath dam removal settlement EIS/EIR report.

* First Amendment to the KBRA/Klamath Basin Restoration Agreement, released 10/12/12. Will be voted on at your irrigation district meetings, on 11/13 at TID. Read very carefully, 21 pages. Were you irrigators sent a copies? Did you help form your new laws, or have a vote?
* If I read this correctly, the following are among the Impacts of changes under the ‘FIRST AMENDMENT TO THE KLAMATH BASIN RESTORATION AGREEMENT FOR THE SUSTAINABILITY OF PUBLIC AND TRUST RESOURCES AND AFFECTED COMMUNITIES,’ by Rex Cozzalio, posted to KBC 11/16/12.

Impacts on the Klamath River Basin caused by removing four dams, a Public Impact Assessment (PIA), by Thomas M. Bonnicksen, Ph.D. Professor Emeritus, President Bonnicksen & Associates, Staff Scientist 11/19/12. "...the report gives the affected public a chance to participate in an assessment of the potential impacts on their environment and community caused by a government decision. It uses local knowledge and experience, as well as the knowledge and experience of people familiar with the river, to make an impartial impact assessment."

Interior Issues Draft Overview Report on Klamath Dam Removal Studies, Department of Interior 1/24/12. You are allowed until Feb 5th, 12 days to comment on this 312 page document with dozens of attached studies.
* Comments to Overview Report on Klamath Dam removal studies from Siskiyou County to Secretary Salazar 1/31/12.
* REVIEW DRAFT: Proposed “First Amendment” to the Klamath Basin Restoration Agreement 12/22/11
* Draft Agenda, Klamath Basin Coordinating Council conference call 2/10/12. "Potential Action by the KBCC to initiate amendments to the Klamath Basin Restoration Agreement." Public meetings in Klamath Falls, Yreka and Arcata
Peer Review report on draft Klamath Dam Removal Overview Report for the Secretary of the Interior March 2012

Final California Water Action Plan, by Cal EPA, CDFA/Calif. Dept of Food and Drug, and California Natural Resources Agency, 1/14/14. Page 11: "The administration will work with Congress to secure the necessary federal authorizations for the agreements and secure the necessary funding for removal of four hydroelectric dams on the Klamath River and funding for the necessary basin restoration."

Senator Jeff Merkley (OR) and Congressman Mike Thompson (CA-1) today (11/10/11) jointly introduced the Klamath Basin Economic Restoration Act in the Senate and House. The Klamath Basin Economic Restoration Act authorizes the implementation of the Klamath Basin Restoration Agreement (KBRA) and the Klamath Hydroelectric Settlement Agreement (KHSA).
HERE is the legislation

**Klamath Basin Restoration Agreement 1/7/10 draft for 30-day public review, pdf
FINAL Summary Klamath Basin Restoration Agreement, 1/8/09 text version
HERE for pdf version
CONFIDENTIAL-The Klamath Basin Restoration Agreement / KBRA rulers have a detailed comparison of the 2008 KBRA draft and the Jan. 7, 2010 final draft They are presently not allowing YOU to read this before any public meetings, before your rulers vote. Here is the pirated PDF file of CONFIDENTIAL DETAILED COMPARISON! Here is the text file. Here is the email summarizing the summary.
Klamath Basin Restoration Act, Klamath Reclamation Project Related Issues (A, B&C ground), posted to KBC 6/6/10

THE Klamath Basin Restoration (KBRA) Agreement, Draft 11
1/15/08 pdf HERE for text version
KBRA Latest version of Draft 11, 5/6/09 pdf
HERE for text version
READ IT! It explains what will happen to your water rights, possible water allocations unless the ESA and Biological Opinions interfere, hydro dams, planting endangered species in your stored irrigation water, climate change studies, tribal land gift, new Tulelake Fish and Wildlife refuge water priority, walking wetlands on public and private land, mandatory agriculture downsizing, the dispute resolution group that will control how you sue each other, who will control your new water allocation ......There is still no drought plan.

KBRA Drought Plan > , completed 2/28/11. Released to public 3/16/11
Siskiyou County response to Drought Plan 4/6/11

4/22/11 - PLEASE READ YOUR NEW KBRA / Klamath Basin Restoration Agreement DROUGHT PLAN, 33 pages:
KBRA "Drought Plan" - Klamath proposal spreads out pain, Plan: Oregon Water Resource Department to declare droughts, Capital Press 4/21/11. "The council was taking written comments on the plan through April 18..."
Draft Drought Plan: "This Draft Drought Plan has been developed by the Drought Plan Lead Entity identified in the Restoration Agreement. The Lead Entity is comprised of: Klamath Tribes, Karuk Tribe, Yurok Tribe, Upper Klamath Water Users Association, the Klamath Water and Power Agency, the Klamath Basin National Wildlife Refuges, Oregon Water Resources Department, California Department of Fish and Game, and Trout Unlimited, as the representative of the conservation and non-tribal fishing Parties to the Restoration Agreement."

"Klamath Drought Fund (Fund), to be administered by the National Fish and Wildlife Foundation (NFWF)...As contemplated by the Restoration Agreement, money deposited in the Fund will remain available until expended... NFWF will approve or disapprove an expenditure plan..." "...after NFWF becomes a party to the Restoration Agreement..."
KBC Note: NFWF is funded by Heinz Family Foundation, HWBuckner Charitable Trust, Howard Heinz Endowment, Surdna Foundation, Bullitt Foundation. Please follow the links: they support Zero Population, Wildlands Project, Earthjustice (attorneys for the environmental groups in the KBRA), Tides, Nature Conservancy, Wilderness Society, Greenpeace, Climate Trust, Ecotrust, Endangered Species Coalition, many dozens more...

"OWRD is the entity responsible for declaring and revoking a declaration of Drought and Extreme Drought..."

p. 24: "Following the effectiveness of the limitations on diversion...In order for this further limitation to be effective, the Restoration Agreement Fish Managers must determine by majority vote whether there will be a reduction, and how much the reduction will be..."the Restoration Agreement Fish Managers are: the Klamath Tribes, the Yurok Tribe, the Karuk Tribe, the California Department of Fish and Game, the Oregon Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, and the National Marine Fisheries Service."

"Recommendations from the TAT will account for outside factors including but not limited to climate change."

Northwest – NOAA Fisheries Releases Klamath River Basin: 2011 Report to Congress 10/24/11

***Klamath River Expert Panel Final Report; Scientific Assessment of Two Dam Removal Alternatives on Chinook Salmon, posted 6/26/22. Document date 6/13/11.
* PCFFA rep Glen Spain assures panel that the KBRA downsizes Upper Klamath Basin ag significantly more than the Biological Opinions, and that ESA trumps KBRA, whichever takes most water from irrigators.
* Yurok Tribe: "removing the dams and the hatchery is the only “experiment” that can be conducted that will resolve this uncertainty. It seems prudent to recommend resolving this uncertainty by moving forward with the “experiment” of the Proposed Action, while acknowledging the potential for unintended consequences...”
* Yurok: The KBRA will also control use of groundwater, "even on the California side."
* KWUA does not like the study of KENO Dam, which their KBRA friends promised not to take out. That would end irrigation on 100,000 acres of Klamath Project land. They didn't like the scientists "general disdain for irrigated agriculture."

! Klamath Basin Restoration Agreement/KBRA Plan. KBC NOTE: National Fish and Wildlife Federation outlines 10-year plan, with Nature Conservancy, Klamath Rangeland Trust, Klamath Tribes, Sustainable NW, US Fish and Wildlife Service, Klamath Watershed Partnership, NRCS, and Ducks Unlimited, to downsize ag, increase water in Klamath Lake and Klamath River, restore lake by breaching dikes from ranches initially purchased for irrigation water storage, plant lamprey (fish parasites) and other endangered fish in the basin. The strategy includes statements that ag, timber harvest and grazing cause "chronic excessive nutrient loading." and we must manage water by "lake level management." Although the chairman of the National Research Council said that these waters are naturally laden with phosphorus and no amount of downsizing agriculture will fix it's naturally poor water quality, these groups, condoned by our farm leaders in the KBRA with no public support, will be controlling the land and water in the Klamath Basin if the $1 billion KBRA is adopted. Posted to KBC 10/8/09

HERE for the OLD KBC KBRA page

Map of 4 Klamath River Hydropower dams proposed for removal

Official Summary of the Klamath Basin Restoration Agreement Draft 11, 1/15/08 pdf. HERE for text version

Camp Dresser & McKee Inc. (CDM Report or Report) costs of dam removal preface 2/12/09
CDM Report - Klamath Liability Determination 7/18/08. (Note by Siskiyou County Supervisor Marcia Armstrong, "The cost estimates from these reports is $800 million, but they include the costs of impacts to Siskiyou County and sediment removal, while the American Rivers/ dam removal proponent's studies do not. These are additional costs for all the impacts and issues that Siskiyou County has raised which have not been considered/mitigated in either the KBRA or the AIP.")
CDM report with highlighted costs and liabilities

Agreement in Principle/AIP 11/13/08, Dam Removal Document

Klamath Agreement in Principle summary and draft bill LC946, to be offered by Governor's office by beginning of 2009 Legislative Session, 12/20/08

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..."

Mazama Tree Farm, 179± Million board feet, part of the proposed Klamath Water Settlement deal for the Klamath Tribes.

FERC Final Environmental Impact Statement for relicensing Klamath Dams 11/16/07

Federal Energy Regulatory Commission/FERC's Power Point Presentation from the Jan. 29th PacifiCorp public meeting regarding the Agreement In Principal. The commission is trying to figure out what their participation would be with the AIP and possibility of dam removal. *FERC supplimental notification * FERC letter of clarification

Draft of the proposed "Sense of Congress" Resolution 12/8/08

Strategy to form the Klamath Basin Restoration Agreement: Cal/EPA Environmental Justice Action Plan May 18, 2005. Lead Agency: State Water Resources Control Board (SWRCB)

Dam Removal Power Point Presentation by Joseph C Greene, Retired EPA Research Biologist, posted to KBC 6/12/06 Joseph Green biography

Transcripts from the four public scoping meetings held in N. California in Oct. regarding dam removal and environmental concerns. They were held by the Calif. Water Quality Control Board. Full transcripts of the public comments are included, as well as introduction and explanation of the purpose of the meetings. Please send comments to the board by Feb. 23. Yreka Klamath Orleans Eureka Two groups at the Klamath settlement table, North Coast Environmental Center and Pacific Coast Federation of Fishermen, support taking out the Keno Dam as well. People at the Yreka meeting presented testimony objecting to dam removal. Most of those objecting are not allowed at the table. Eureka.

(OFFICIAL) STATEMENT OF THE COUNTY OF SISKIYOU regarding the Agreement in Principle 11/19/08

Affected parcels in Copco and Iron Gate if Klamath River Dams are removed. by the Siskiyou County Assessor April 2006

There would be potentially 20 million cubic yards of sediment on spawning grounds and emerging fish

EPA - Reconsideration of California’s 2006 Section 303(d) List Omission of Microcystin Toxin Listings for three Klamath River Segments and Determination to Add Microcystin Toxins Listing for Klamath River Hydrologic Unit (HU), Middle HA Hydrologic Area (HA), Oregon to Iron Gate, posted 3/25/08

HERE for DC video from 1/24/08.

Benefits and Costs of Klamath Settlement/Restoration Agreement To the People of Siskiyou County (excluding Karuk tribal government and Tulelake Klamath Project interests), developed by Siskiyou County Supervisor Marcia Armstrong 3/2/08

Benefits and Costs of Klamath Dam Removal, developed by Siskiyou County Supervisor Marcia Armstrong 3/2/08

Klamath Settlement FAQs, by Save the Family Farm 2/19/08

KWUA KBRA Powerpoint Presentation at public meeting in Merrill, posted to KBC 1/29/08

Karuk minutes: Hoopa Tribe supports Karuk Tribe in getting fishing rights, posted 1/29/08
More minutes go HERE > http://karuk.us/staff/minutes/

Frequently asked questions regarding the Klamath Basin Restoration Agreement by KWUA 1/30/08

1/23/08 - The following was in the Herald and News hidden in the sports section, by attorney James Buchal regarding Klamath Settlement

Klamath Settlement Analysis, by Marcia Armstrong, Siskiyou County Supervisor District 5 1/18/08.

Yurok and Hoopa Tribes and Pacific Coast Federation of Fishermen (PCFFA) and enviro groups petitioned against the Klamath Irrigators continuing to get an affordable power rate, forcing KWUA into an agreement to get power funds in exchange for dam removal and tribal land, Court Document 11/8/05. Their goal was to reduce irrigation,

Compilation of Information to Inform USFWS Principals on Technical Aspects of the Klamath Basin Restoration Agreement Relating to Fish and Fish Habitat Conditions

4/30/08 - Review comments of Hoopa Valley Tribal Fisheries Department of KBRA

5/23/08, Dr. Thomas Hardy support for the KBRA, posted to KBC 3/7/09. Discusses evaporation, retiring farmland, and limiting groundwater pumping.

Lawsuit Aims to Protect Northern California Salmon Habitat, posted to KBC 3/20/09. Pacific Coast Federation of Fishermen, North Coast Environmental Center, Klamath Riverkeeper are among Klamath Basin Restoration Agreement stakeholders suing the Calif. Water Quality Control Board to regulate water quality in the Klamath Basin. The historically warm, mineral laden water must become clean. February 2009 lawsuit. Court petition HERE.

FERC ignores salmon mandates, recommends keeping Klamath dams, Capital Press 11/16/07. "The final environmental impact statement from the staff of the Federal Energy Regulatory Commission chose trapping and hauling fish around the dams rather than building expensive fish ladders and reducing power production to help salmon...The dams produce enough power for 70,000 households."

NEPA document for Klamath Dams and Pacificorp May 2011

This is where is all began: Klamath River Fisheries Task Force meeting with Fish and Wildlife in Hoopa 10/5/93. Attending: Tulelake farmer John Crawford, Klamath Forest Alliance founder Felice Pace, etc. Discussed are strategies to plant endangered fish in the Klamath Basin, remove dams, seek mandatory minimum stream flows, oppose large water storage, and create a timeline. In 1993 they sought consensus. In 2009 at the KBRA/settlement agreement table, there are closed door meetings; if you do not agree you are not allowed at the table.

National Marine Fishery Service Modified Prescriptions for Fishways and Alternatives Analysis for the Klamath Hydroelectric Project (FERC project #2082) from the Dept of Commerce and NMFS, posted 1/30/07.

NEWS RELEASE: Acoustic Tag Salmon Study Refutes Environmentalists’ Breaching Benefits Claims, Coalition for Idaho Water, posted 1/18/07

The following is an excerpt from the proposed California water bond, posted to KBC 9/7/09, regarding Klamath dam removal.

Recently circulated agenda of a KBRA secret PAIL meeting including mention of Keno and Link River Dams removal discussions, and "avoid advocating for science..." 1/28/09

***Facts about the Klamath Basin Restoration Agreement (KBRA) and Klamath Hydroelectric Settlement Agreement (KHSA, by the Klamath Tribes, Dec '09 issue. "...Because of the significantly reduced and capped irrigation water diversions in the KBRA, there will be more water left in the lakes and rivers for fish, wildlife and plants. And the Klamath Tribes will not give up a single Treaty Right!...Don Gentry, Klamath Tribes.
"RUMOR: The KBRA weakens the Endangered Species Act.TRUTH: The KBRA specifically retains our ability to protect fish using the Endangered Species Act (ESA)..."
" *Counties Program – provides some funding for offsetting property tax impacts of water use retirement on agricultural lands, and for some economic development planning."
"Over $235 million for a massive effort by the Klamath Tribes and many others to fix our lakes and rivers above Iron Gate Dam."
" *Klamath Irrigation Project deliveries will be reduced and capped in the drier years, in exchange for a pledge from the Tribes not to further reduce Project diversions. In the driest years, a drought plan will be in place to maintain river flows and lake levels to support fish.
*$47 million to substantially increase flows in the Sprague, Wood and Williamson by retiring enough water uses to increase inflow to Upper Klamath Lake by 30,000 acre feet per year."
" *The TFPA is a new federal law under which Tribes can influence the management of adjacent federal lands. A key component of the TFPA is Tribal ownership of property that is adjacent to Forest Service lands. Over 50 miles of the Mazama boundary touch the Fremont-Winema National Forest."

PCFFA Glen Spain ANALYSIS OF “Outline of Objections to the Klamath Basin Restoration and Hydroelectric Settlement Agreements.” Spain explains why environmental NGO's and Tribes should support the dam removal and ag-downsizing 'agreements

Klamath Dams: Scoping report available online, Siskiyou Daily 9/28/10

Stipulation of Conditional Withdrawal of KPWU's contest to claims 616 and 622 and conditional and interim no-call provisions by the United States and Klamath Tribes, signed May 14, 2009
* Attachment 1 to Stipulation
* Attachment 2 to Stipulation
* Attachment 3 to Stipulation
* Certificate of Service of Stipulation 5/18/09

"Stakeholders" / Organizations allowed to participate in the secret KBRA negotiations	Klamath River Stakeholders Opposing KBRA	Quotes from the KBRA	**Klamath Basin Restoration Agreement 1/7/10 draft for 30-day public review, pdf FINAL Summary Klamath Basin Restoration Agreement, 1/8/09 text version HERE for pdf version
Klamath Task Force webpage			* SCIENCE MISCONDUCT PAGE *
Follow the Money and agenda behind the KBRA! George Soros?
Who's Who A little background of People representing YOU, "Stakeholders" allowed at the closed-door Klamath KBRA settlement negotiations			Klamath Hydroelectric Settlement Agreement Draft 9/30/09 Summary: Draft Klamath Hydro Agreement 9/30/09 PRESS RELEASE: PacifiCorp - Klamath Dam Agreement Unveiled, 9/30/09 HERE for Sept. 30, 2009 Draft Hydroelectric Settlement Agreement, comprehensive briefing, summary, and public review and comment notice.