• Thank you to Secretary Burgum for Withdrawing the Biden Administration's Withdrawal
• 2025 Irrigation Season Outlook - Not enough water yet for a full season
• 2025 Oregon Legislative Session Outlook - The largest number of water bills seen yet
• 2025 Sucker Symposium - an after-thought
• 2025 Mid-Pacific Conference Review
• 2025 ESA Conference Highlights
• Upcoming Events
• Opportunities
• Your District in the News
• What We Are Reading

Early Season Wet Conditions Operations Plan

- Anticipate water in the infrastructure early

-- Yes, it is absurd that we need an early wet-conditions operations plan while we wrestle with the fact that Reclamation has implemented an operations plan that promotes conditions that result in not enough water to meet legal and contractual obligations. It is more absurd that these obligations were met in the conditions in every year between 1883 and 2000 (including the Dust Bowl), and even with pseudo-coho mitigation (everyone now seems to agree the releases are for non-listed Chiniook, not the threatened coho) river releases in similar years. In 2017 all ecosystem and irrigation needs were met --- this is not anticipated to occur in 2025 without having.

Interestly, the 2017 Chinook cohort of Salmon returned to the Klamath River between 2020 and 2021...here is what the Pacific Fisheries Management Council reported on this cohort. It appears the 2017 conditions in which farmers were able to bring all of their lands into production did not negatively effect the Chinook populations.

In collaboration with our sister irrigation districts, the District is monitoring potential early-season wet conditions to present themselves on or about March 15. This District is prepared to implement the following actions. Coordination with Reclamation will occur as needed.

• As needed: Operate the Melhase Pumps to prevent flood damage near Spring Lake. If maintenance on the lower C Canal is complete, this water may be directed into the C Canal and be made available to Van Brimmer Ditch Company to prepare their infrastructure; otherwise, it will flow into the Lost River for downstream management by TID.
• The first week of March: Conduct an A Canal gate exercise and calibration using the new controllers installed during an emergency repair this fall.
• Early March: Begin a slow fill of the A Canal in preparation for flood control operations.
• Mid-March: Operate pumping stations for maintenance and flood preparation. During these maintenance operations, water may be present in the C, D, E, F, and G main canals.
• If maintenance and turnout replacements are complete, water is expected to be used to prepare all canals, including flushing the canals, for the 2025 irrigation season.
• Groundwater recharge: We have identified viable locations in the former marshland and lake beds, which have been fallow for several years, where there is an opportunity for groundwater recharge; some fields may be intentionally flooded for this purpose.
• Anticipate our District watermaster or ditchrider to be in coordination with individuals farmers to address any concerns.

Sign-up to receive updates at: https://www.oregonlegislature.gov/helm/Pages/Water-Caucus.aspx. 

Or check out their website at https://www.oregonlegislature.gov/helm/Pages/Water-Caucus.aspx

Our team of trade organizations and lobbying groups are keeping a close eye on water issues this session. Anticipate K.I.D. to engage when appropriate to address issues that will impair our ability to perform our core function and mission. Our immediate attention is on HB 2801 and SB 0427.

HB 2801

House Bill HB2801 is introduced at the request of Governor Tina Kotek for Water Resources Department…it appears to simply be an extension of the 2015 law (The original 2015 law on the Klamath Adjudication is at 0445.) which expires in January 2026. Please note that in the original law, Section 1. (2)(c) “Does not allow a person to purchase, lease or accept a gift of a determined claim for conversion to an in-stream water right as described in ORS 537.348(1).” This language does not appear to be changing. However, it can be argued that OWRD did not abide by all of the limits while processing a recent transfer.

SB 0427

SB 0427, introduced by the Oregon Conservation Network / Oregon Watershed Partnership / Oregon Water Watch and others, could be damaging to water-right holders across the state of Oregon.

Some of the bill's language is highly concerning for us in Klamath: "A holder of a water right certificate that authorizes the storage of water may change the type of use identified in the water right certificate, as described in paragraph (a) of this subsection, without losing priority of the right." This provision would allow Reclamation, which holds water storage rights exclusively for irrigation with priority dates from 1883 to 1928, to reallocate stored water to other uses. Such reallocation could conflict with existing contracts and infringe upon the water rights of farmers holding claims KA1000, KA1001, and KA1004, as well as the Klamath Tribes' claim KA622.

On 28 January, the District's executive director hosted an ad-hoc tour for a couple of visiting professionals in the ecosystem and fish biology arena prior to the Sucker Symposium on the 29th. We visited the forebay of the A Canal where fish are recovered every fall, evaluated, and sent to the former "Gone Fishing" facility (now being expanded by the USFWS in the Klamath Falls National Fish Hatchery). We looked at the fish ladders on the Link River and the outlet of the A Canal fish bypass. We then traveled south along Lower Klamath Lake Road to California where we examined Tule Lake Sump 1A and the adjacent rearing pond that a local farming family worked with USFWS to build on private lands. We also stopped by the spawning site by Anderson Rose Dam. Later in the day we visited Nylox (Hagglestein) Pond, LakeSide Farms, the ODOT pond, and Odessa Creek. It was a day filled with questions, and few answers.

On 29 January, the USFWS and associates hosted the annual Sucker Symposium at Oregon Institute of Technology. A large crowd of professionals were present in the room with several dozen more on-line. James Esqueda with the Klamath Tribes and John Vrandenburg with USFWS provided the group with solid foundational knowledge. This was a great tone-setter which allowed us to spend the day starting with a large view of our ecosystem and then dive into the technical biology of individual fish species.

After the symposium, we made an early morning brisk visit to the former farmer-sponsored "Gone Fishing" facility for endangered sucker rearing, which is now the USFWS's Klamath Falls National Fish Hatchery. The expansion and development of rearing ponds has greatly expanded since our last visit with anticipation that there will be sufficient room for this year's catch for rearing of the endangered fish to exceed 200mm before releasing them back into natural conditions. Other efforts in rearing suggest a length of 300mm increases survivability; however, the space and time needed for these 100mm has a cost. Do we take the approach of quality (300mm fish) or quantity (200mm fish) as the species numbers in Upper Klamath Lake continue to decline?

In our visit to Lakeside Farms and accompanying presentation during the symposium, there appears to be a great deal of promise in rearing programs which appear to have 1+ to 3+ year old fish surviving.

Very little information on the listed species conditions in other water bodies, such as Gerber Reservoir, Clear Lake, Tule Lake, Lower Klamath Lake, Staunton Ponds, or the ODOT pond.

Walking away from the symposium, our notes reflected the following:

• The two endangered populations of fish observed spawning at the springs in Upper Klamath Lake in 2024 are much lower than observed over the past 20 years years. Most of the remaining population was from the 1992 cohort (making these remaining fish close to 33 years old). 1992 was the last year that Upper Klamath Lake levels were able to fluctuate and be drawn down to more natural fall levels.
• Populations of the endangered fish in other water bodies have been studied less, but they are stable.
• Experimental populations of juvenile SARP fish (Sucker Assisted Rearing Program) in farmer-created habitats (such as Westside Improvement District, Lakeside Farms) appear to be surviving, even with all of the predation. Funding and investment in these private ventures are uncertain.
• Monitoring and data collection of the experimental populations could be improved.
• The fish reared in the ODOT sucker pond (by the Klamath port of entry scales) allowed the fish access to Upper Klamath Lake. Some of the pit-tags from those fish have been found on bird colonies.
• There is a need for private engagement and investment in habitat conservation plan-type opportunities in the former wetlands to allow for various habitats to evaluate the conditions that promote positive results for juvenile fish.
• Like Tule Lake Irrigation District and Klamath Drainage District, there may be an opportunity for Klamath Irrigation District to become more involved with recovery efforts throughout our region.

Rodney Cheyne, Dave Hamel, and Jaxsen Sikorski represented Klamath Irrigation District in the Reno conference, Ry Kliewer joined the team from Klamath Basin Improvement District, while Shane McDonald represented Langell Valley Irrigation District and Enterprise Irrigation District. Other farmers and managers from the Klamath Reclamation Project attended, including Tulelake Irrigation District and Klamath Drainage District. However, many others who historically attended this annual event did not attend this year as a result of frustration with the Regional staff and the previous administration's approach to engaging with the American people.

Klamath Water Users Association provided a Klamath Reclamation Project Report to over 400 attendees. Attorney Brittany Johnson and Moss Driscoll provided an excellent explanation of the severely flawed approach to the Endangered Species Act Section 7(a)(2) Consultation approach in the Klamath Reclamation Project. Moss participated in the Biological Opinions panel, highlighting the inconsistencies in individual biological opinions and the conflicts between the BiOps.

During the conference, the District was given 30 minutes to discuss the future of the Klamath Reclamation Project with Reclamation's Regional Director Karl Stock and determine what Reclamation's 5-year "Bridge Period" is directing us towards. Unfortunately, Reclamation's staff was unable to express, verbalize, or otherwise provide their vision of the future they have put us on a bridge towards.

Klamath Water Users Association was also provided 30 minutes to discuss Klamath issues. The very large group in this meeting focused on the problems of the most recent ESA Section 7(a)(2) consultation, addressed dissatisfaction that our input was not acknowledged or incorporated into the process, and made recommendations for how to improve the process when we do it again, hopefully correctly.

The team was able to engage with other irrigation district and government officials during their visit. Reports indicate that the most productive interactions occurred during the bowling event.

The 32d Annual ESA Conference by The Seminar Group was held in Portland, Oregon in late January 2025. This two-day event provided updates to recent case law, changes in federal law and policy, best practices in agency engagement, and ethics.

Gene Souza noted that this is one of the few years in the past five years of his attendance when Klamath has not been a main topic at the conference.

The conference started with regulatory updates provided by NOAA Fisheries and the U.S. Department of the Interior. The discussion focused on publishing updates to 50 Code of Federal Regulations, Parts 17, 402, and 424, which changed, eliminated, or otherwise modified language that the Trump 45 administration had bilateral support in providing clarity to the agencies' rules.

Significant Section 7 Rulemaking changes relevant to the Klamath issues included the refinement of the definition of the environmental baseline, which Reclamation failed to adequately describe in the 2024 consultation process. K.I.D. provided Reclamation a Biological Assessment 18 months earlier in the process outlining the "effects of the action" as it relates to existing structures.

It is interesting to note the different approaches taken by agencies in Oregon and Washington. In Skagit County, a failing gate needed to be replaced, and the ESA process determined the exact opposite approach to existing infrastructure compared to the agencies in the Klamath ESA consultation. Failure to clearly identify the environmental baseline and how the environmental baseline is in relation to existing structures provides for faulty interpretation. Had the Klamath process been implemented in Skagit, all would be in line with no (or at least little) litigation. Had the Skagit approach to the ESA been applied to the Klamath Project, the non

The regulatory update also included a change in language for "Reasonable and Prudent Measures" to mitigate harm to listed species. This language change was leveraged by both NMFS and USFWS to implement controls on the operation of the Klamath Reclamation Project and nearly eliminate Reclamation's introduction of "adaptive management" language in its action. As in the past, the regulatory agencies demanded that Reclamation strictly adhere to modeling functions of a decision support tool rather than give Reclamation flexibility to address conditions that were not modeled, such as the breach of the Barnes-Agency dike in January of 2025.

Habitat Conservation Plans (HCP) were addressed by USFWS as opportunities to encourage voluntary conservation programs to gain Section 9 incidental take coverage. As the District pursues title transfer, an HCP may need to be discussed as one of many options to ensure the continued operation of the facilities that return water to the former lakes and marshlands. Absurd, but this is how the CFRs are written.

USFWS also discussed Section 7 as a "Conservation Tool," highlighting that "Section 7(a)(1) mandates that ALL Federal agencies SHALL utilize their authorities to further conservation of endangered and threatened species." The USFWS highlights that both sections are part of the consultation process. When pressed, our local Reclamation, USFWS, and NMFS officials stated they had no guidance from D.C. to develop Section 7(a)(1) plans, to bring their programs into consideration during the consultation process, nor address any actions taken that could result in regulatory relief under Section 7(a)(2) for our farmers and water-right holders.

Klamath Irrigation District, the applicant to the Klamath Reclamation Project (if it were not for the over 700 applications signed between 1905 and 1908 held by K.I.D. in our vault, there would be no federal Reclamation Project), is prepared to engage in another Section 7 Consultation in the immediate future to determine where the "bridge" is.

Klamath Irrigation District is currently recruiting for a Maintenance Specialist II

The Klamath Irrigation District is currently recruiting talent to join our Maintenance Team in Klamath Falls, Oregon. U.S. Military Veterans are encouraged to apply.

First Review: 14 February (Open until filled)

Please find our application on our website at https://klamathid.org/wp-content/uploads/2018/10/KID_JobApplication.pdf

Complete the application and apply through LinkedIn with your resume and upload your application.