25 November 2022 update from Klamath Irrigation District

EVENTS | Family Farm Alliance Annual Conference

The Annual Meeting and Conference is an opportunity for farmers and water professionals from throughout the west to focus on topics of critical concern. Each year, a wide variety of speakers address the issues that make a difference to irrigators.

Endangered Species Act Law Conference

26-27 January 2023

30th Annual Endangered Species Act conference is a two-day seminar in which ESA practitioners, agency officials, and scientists provide the latest and most important information you’ll need for ESA compliance.

This conference will help attorneys, businesses, conservation organizations, and government staff to understand the complexities of the law.

The program will provide updates on federal litigation, legislative and regulatory changes, updates to the Section 7 consultation process and Section 4 listings, as well as ethical and litigation considerations. It will also offer practical insights and an opportunity to network with experts and colleagues.

During the fall / winter maintenance cycle, K.I.D. is focusing our resources following the following priorities.

Klamath Irrigation District

Klamath Irrigation District’s board of directors approved the 2023 budget on 14 November 2022. The directors held a lengthy discussion about the budget, the future of the District, and our current expenditures. 

Klamath Irrigation District approves its annual budget and assesses all patrons with an annual assessment per acre as outlined in Oregon Revised Statute 545.381 as required by K.I.D.’s contract with the Bureau of Reclamation.

The last K.I.D. annual increase was approved in November of 2013. Core annual inflation since 2013 through 2022 is calculated to be 27.56% (meaning something that cost $1 in January 2014 now costs more than $1.27 on average).

2022 inflation on fuel (28%), materials (50-300%), electricity (12% effective 1 January 2023), equipment replacement/repair and other key resources the District utilizes significantly outpaces the standard annual inflation measured by the CPI.

There is an inverse correlation between water availability and legal costs. When water is readily available, K.I.D.’s litigation activities and costs are low. When water is threatened or in short supply, activities related to litigation greatly increase the time spent on legal and lobbying, thus increasing costs.

Therefore, K.I.D.'s 2023 assessment increased to $85.75 per acre. Read the letter sent to K.I.D. patrons with their annual assessment explaining the rate increase. This year we included both an invoice and a statement so that patrons may understand how credits were applied in 2022.

Klamath Basin Improvement District

Klamath Basin Improvement District’s board of directors approved the 2023 budget on 15 November 2022. The K.B.I.D directors also held a lengthy discussion about the budget, the future of the District, and current expenditures. 

Klamath Basin Improvement District approves its annual budget and assesses all patrons with an annual assessment per acre as outlined in Oregon Revised Statute 552.325 and 552.608 as required by K.B.I.D.’s various contracts with KID and other districts.

The K.B.I.D. assessment was set at $66 per acre for 2023.

RURAL ROOTS: Rainshadow Organics

As we grow our Irrigation Modernization Program, we're inspired by stories of farmers and ranchers who have already modernized and are realizing the benefits of an updated system.

“California’s quest to remove these perfectly good dams continues. Now the taxpayers of California and Oregon will be on the hook due to this agreement to pick up a multi-billion dollar expense for the cost and liability of the inevitable environmental damage this project will cause. Removing these dams will do nothing to help fish but will destroy water storage needed for firefighting and will bankrupt Siskiyou County. 

“Let’s face it, the State of California has a terrible history of managing dams and completing large projects. After the Oroville Dam spillway crisis in 2017, the grossly expensive Bay Bridge project, and the failed High Speed Rail, it would be foolish to assume California can well-manage projects of significant scope. Removing these dams will be difficult and will inevitably cause more harm than good to ratepayers, taxpayers, and the fish the state is claiming to protect.



“The dams themselves are a benefit to our overloaded power grid and the local area economy. Especially in a year where power is a precious commodity and in short supply at times, removing this reliable, renewable, and cost-effective energy source will harm Basin-area residents, Oregon ratepayers, and our already stretched state grid.”

K.I.D.'s Executive Director, Gene Souza, provides his thoughts on FERC’s recent notice to remove 4 dams on the Klamath Ricer.

"The unnaturally and unnecessary high flows in the Klamath River demanded in the National Marine Fisheries Service Biological Opinion cannot be physically maintained while preparation work is setting conditions as demanded on page 91 in the footer of the document published today. Flows will have to be reduced for some of the work to occur. The noted lack of coordination between stakeholders on the timing in these efforts will cause continued problems across the watershed, ecosystems, and economies.

I would ask you to relook the damage currently being created…and examine the superfund site about to be created by this political action.

I am deeply troubled that 11,000 endangered C’waam and Kaptu (sucker fish) behind these dams have been issued a death sentence. There appears to be no worry by any group that these endangered species are being harmed.

There is a complete lack of acknowledgement that the NMFS BiOp is not in line with and unsupported with the spirit of the ESA. Furthermore, the “science” presented by NMFS is widely known to be biased and irrelevant to the threatened coho. I can share a draft literature review with you to clearly provide evidence the excessive water going into the Klamath River is not beneficial to the threatened coho. I would also state that this excessive water release is counter to Oregon Klamath Tribes claims for specific water elevations in Upper Klamath Lake.

FERC has no authority over Reclamation…and that does not seem to matter.

16 U.S. Code § 821 is being ignored. The rule of law has collapsed. State laws and water rights are being affected. "Nothing contained in this chapter shall be construed as affecting or intending to affect or in any way to interfere with the laws of the respective States relating to the control, appropriation, use, or distribution of water used in irrigation or for municipal or other uses, or any vested right acquired therein."

I have challenged the 2013 agreement Richard Whitman made with the Yurok to undermine the ACFFOD; Klamath Irrigation District won in court which would have negated this unjust agreement which undermined the rule of law…just for our victory to be overturned by my own state for a “lack of joining the federal parties”.

Please pause. Ask the hard questions. And analyze the significant damage about to occur in my homeland."

Does Capt Simpson's claim have merit? Read the Report to the California Legislature (Fifty-Sixth Session) "Proposed Klamath and Trinity River Diversions and Other Projects in the Central Valley"

"Dr. Thomas Hardy (Utah State University): There is some confusion why the Department of Justice (DOJ) is involved. I was already under contract with DOJ, they used an existing contract. But I work for Mr. Anderson and the Bureau of Indian Affairs."

Petition for a writ of mandamus to correct the alleged error the district court made in denying Klamath Irrigation District's motion to remand to Klamath County Circuit Court, in a matter concerning water rights.