Paddling Upper Klamath Lake

The image above is of Upper Klamath Lake with 189,295 acre feet of stored water, some of which is being illegally diverted in violation of the Klamath Tribes, Klamath Project irrigators, and National Wildlife Refuge water rights. (Each water right is able to be reviewed by clicking on the name - See KA1000, KA1001, and KA1004 for water rights administered by K.I.D. See claims 312 and 317 for the Refuges water rights)

Klamath River Basin Adjudication Claim 294 (item D.1) states "a right to appropriate water from storage in Upper Klamath Lake for agricultural irrigation, stockwater and domestic uses...between the elevation of 4,143.3 and 4.136...with an estimated storage capacity of 486,830...the right of beneficial use of water is held by the beneficial users...this applies to the right to the use of live flow and stored water." See pages 44-45 of this document to review the claim. This language is specifically allowing storage of water for Klamath Project irrigators.

Read about the Klamath Tribes Water Right Claim 622 outlining minimum lake elevations by clicking here. These lake levels are junior to the rights administered by K.I.D. of KA1000 (1905), KA 1001 (1883 for Van Brimmer Ditch Company) and KA 1004 (1884)...but senior to most other water right holders. In previous newsletters I mistakenly said water was stored "for no other purpose", my words were unclear and misunderstood. There is no water right adjudication for any stored water but for agricultural purposes; however, creating minimum lake levels is a form of controlling storage. This does not change the fact that releasing stored water from Upper Klamath Lake without a water right to do so is theft and damages the Klamath Tribes, the Klamath Project, and the National Wildlife Refuges.

On 10 September 2022, something less than 500 cubic feet of water per second was flowing into Upper Klamath Lake from its tributaries and springs...even less when calculating evaporation on a 115 square mile body of open water and wetlands. While nearly 1,500 cfs of water was being released from Link River to the ocean without any water right to release stored water except for agricultural use. No water was being diverted for Klamath Project farmers, no water was made available to the Klamath Refuges under their water right, and the water the Klamath Tribes desire to remain in Upper Klamath Lake was being flushed out of the lake faster than it could flow in and evaporate...thus an illegal condemnation of property.

According to Reclamation's 2022 Operations Plan, this water was to be "borrowed" from PacifiCorps avoiding the illegal use of stored water from Upper Klamath Lake. No borrow occurred! No borrow with no water right/certificate/permit/license = theft & condemnation.

Klamath Irrigation District is currently reviewing these recent court decisions with our counsel to determine how to get our valid grievances addressed by an unbiased third party. First and foremost, the most basic function of a government is the ability to resolve disputes. This best occurs at the lowest level possible (at the family level). When the lowest level cannot resolve disputes, then a higher authority (clan, tribe, church, municipality) is the next logical step. Effective governance is not top-down driven. What the American people have been delivered today is the complete opposite of a government whose basic essential function is to resolve disputes which is a critical function to ensure domestic tranquility.

These disputes are long-standing and ripe for a resolution. With great disappointment, we have seen some of our neighbors publicly announced their pleasure in these decisions which undermine the foundation of our Constitution. Our nation's founders were clear to elaborate on the need for a system with established checks and balances; currently the Klamath Basin irrigators options are being narrowed to a very few, undesirable options. What happens to our Nation without the rule of law providing a non-biased third party to arbitrate disputes?

Contrary to the Klamath Tribes fisheries biologists claims on 25 August 2022, Lee Juillerat, Gary Vequist and Liane Venzke took paddle boats out into Upper Klamath Lake on 9 September 2002 describe their amazing visit in the following words,

"as we worked our way to open waters, the hordes of buzzing critters decreased and the lake, while never see-through-clear, was less cloudy.

Contact: ORInfo@usda.gov

·        Streamlined Nutrient Management Initiative – A streamlined imitative will incentivize nutrient management activities through key conservation programs, including the Environmental Quality Incentives Program (EQIP), EQIP Conservation Incentive Contracts, and the Conservation Stewardship Program. The initiative will use a ranking threshold for pre-approval and include a streamlined and expedited application process, targeted outreach to small-scale and historically underserved producers, and coordination with FSA to streamline the program eligibility process for producers new to USDA. In addition to otherwise available funding at the state level, NRCS is targeting additional FY23 funds for nutrient management. NRCS is also announcing a streamlined funding opportunity for up to $40 million in nutrient management grant opportunities through the Regional Conservation Partnership Program (RCPP).

·        Nutrient Management Economic Benefits Outreach Campaign – A new outreach campaign will highlight the economic benefits of nutrient management planning for farmers. The potential net savings to farmers who adopt a nutrient management plan is estimated to be an average of $30 per acre for cropland. It is estimated that there are 89 million acres of cropland (28% of total U.S. cropland) currently exceeding the nitrogen loss threshold; and if all those acres implemented a nutrient management plan, the average net savings would be $2.6 billion. NRCS staff develop nutrient management plans to help producers use nutrient resources effectively and efficiently to adequately supply soils and plants with necessary nutrients while minimizing transport of nutrients to ground and surface waters. Producer information is available at farmers.gov/global-food-security.

·        Expanded Nutrient Management Support through Technical Service Providers Streamlining and Pilots – New agreements with key partners who have existing capacity to support nutrient management planning and technical assistance will expand benefits and serve as a model to continue streamlining the certification process for Technical Service Providers (TSPs). NRCS is also developing new opportunities to support partner training frameworks, nutrient management outreach and education, and new incentive payments through TSP partners for nutrient management planning and implementation. 

·        $8.45 billion for EQIP

·        $4.95 billion for the Regional Conservation Partnership Program (RCPP)

·        $3.25 billion for the Conservation Stewardship Program (CSP)  

·        $1.4 billion for the Agricultural Conservation Easement Program (ACEP)

For more information and resources for nutrient management planning, visit farmers.gov/global-food-insecurity. Contact NRCS at your local USDA Service Center to get assistance with a nutrient management plan for your land.

USDA touches the lives of all Americans each day in so many positive ways. In the Biden-Harris Administration, USDA is transforming America’s food system with a greater focus on more resilient local and regional food production, fairer markets for all producers, ensuring access to safe, healthy and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America. To learn more, visit usda.gov.