In the Flow

17 May 2023

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In this Edition:

K.I.D. files petition to the U.S. Supreme Court

Notice of Special District Election

Water Supply Update

Drought Response Agency announces 2023 No Irrigation Program

Upcoming Events

Political Issues and News effecting the District

The petition to the Supreme Court signals a crucial juncture in the long-running dispute between farmers and the federal government over water rights in Oregon's Upper Klamath Lake. Over the past fifty years, the State of Oregon has remained dedicated to finalizing a comprehensive stream adjudication process to accurately determine ALL state and federal water rights in the Upper Klamath Basin. Throughout this process, the federal government and tribes have consistently contested Oregon’s authority to adjudicate their rights. However, over thirty years ago, the Ninth Circuit dismissed these challenges in United States v. State of Or., 44 F3d 758, 762 (9th Cir 1994), ruling that the McCarran Amendment (43 U.S.C. §666) waives the United States' sovereign immunity, allowing the State of Oregon to adjudicate all state and federal water rights, including those of tribes, in Oregon's Klamath Basin.

Read more...

Read the full petition to the U.S. Supreme Court...

Klamath Irrigation District will hold a special election for its patrons on 7 August 2023 to determine the right to accept the conditions of accepting a loan offer from the federal government.

As per Oregon Revised Statue 545.511, an election shall be held to determine the right to enter into an obligation or contract with the United States shall be authorized.

On 5 April 2023, the Department of the Interior announced that Klamath Irrigation District would receive $8.75 Million from the Bipartisan Infrastructure Legislation funding to address critical infrastructure needs. Recently Reclamation officials indicated that to receive this funding, repayment contracts (with interest) would have to be entered into by the District to indenture servitude of the lands served by the District for repayment as per Reclamation's authorities.

Available Funds:

Up to $50 million in BIL $ for the A Canal in a repayment with federal interests rates

$5 Million in BIL $ to provide engineering for the A Canal in a possible repayment contract if the improvements are made (mistakenly announced on 5 April as an investment).

$3.75 Million in BIL $ to address issues on the Upper C Canal (mistakenly announced on 5 April as an investment)

The funds and improvements are desperately needed to address the failing infrastructure; however, requiring the farmers to repay the investment in the nation's food security when the government cannot guarantee water to raise the funds to provide the repayment is not a solid business practice.

Details of the election and ballot measures will be drafted in the coming weeks.

Reclamation has provided no significant update since 13 April 2023.

The stated availability of water from Upper Klamath Lake, with average precipitation, near 200% snowpack, flooding in the Sprague River, higher than minimum flows to the Klamath River, remains about 115,000 acre-feet shy of the estimated need to ensure irrigation water deliveries to the lands under contract for agricultural production with the federal government. This stated available supply for 2023 is less water than would have naturally evaporated off of Lower Klamath Lake before the development of the Klamath Reclamation Project.

It is highly likely that many agricultural acres will remain fallow, wetlands will remain weed-covered deserts, and our ecosystem will continue to collapse with the minimal amount of water suggested is available for agriculture producers who pay 100% of the cost to store water in Upper Klamath Lake.

The Northern District of California has ordered the federal government to issue a 2023 Operations Plan. Many anticipate the operations plan will be written in accordance with Reclamation's 2020 Interim Operations Plan as water is being released to the ocean above the amounts negotiated in the case Yurok v. Reclamation 2019. However, there is no indication that the minimum amount of water will be 285,000 as calculated in the plan model, nor that it will increase at all.

Klamath Irrigation District is currently operating in accordance with Oregon Water Law and its contracts. The District is taking water orders and delivering as per our Water Management and Delivery Policy available for review on our website.

Given the average precipitation, and well above normal snowpack, the Klamath Project Drought Response Agency has announced a 2023 No Irrigation Program.

2023 DRA Program Status:

The Klamath Project Drought Response Agency (KPDRA) is currently accepting applications to the 2023 Assistance Program - No Irrigation. Program policy and application documents can be downloaded on the right side of this webpage under the "File Downloads" tab. Applications may also be picked up in-person at any of the following locations:

(1) Klamath Irrigation District Office; (2) Tulelake Irrigation District Office; (3) Park and Ratliff (Downtown Klamath Falls); (4) Klamath Water Users Association (2312 South Sixth Street, Klamath Falls)

KPDRA staff will be hosting two public workshops to provide assistance in completing applications to the 2023 Assistance Program, the workshops will be help in person at the following dates/locations:

(1) May 23rd, 8AM - 2PM; Merrill Civic Center (Walt Wilson Hall); 365 W Front Street, Merrill

(2) May 24th, 8AM - 3PM; Klamath Water Users Association Office; 2312 South Sixth Street, Klamath Falls

Please continue to check this website for further updates and feel free to contact us at (541) 630-0752 or info@klamathwaterbank.com to resolve any questions or concerns.

All official updates on this program are available at www.klamathwaterbank.com

Visit the KWUA website