Judge upholds Klamath River injunction
A federal judge in San Francisco will not suspend or modify a court injunction aimed at protecting threatened coho salmon from a deadly parasite in the Klamath River.
The ruling, handed down late Monday by Judge William Orrick, further delays the start of irrigation season for local farmers and ranchers heading into what is expected to be a difficult drought year.
Scott Cheyne, assistant director of the Klamath Irrigation District, said the holdup is already having a negative effect on agriculture across the basin — wheat fields are stunted, ranchers are worried about growing enough forage for cattle, and row crops, such as garlic, are especially under stress.
“We’re looking at some higher temperatures coming,” Cheyne said. “We did get some moisture over the weekend, but it’s far from getting us where we need to be.”
PacifiCorp, which operates a system of hydroelectric dams on the Klamath River, did agree last week to transfer 10,500 acre-feet of water to the Bureau of Reclamation to begin charging canals on the Klamath Project. Operators began releasing 100 cubic feet per second of water from Upper Klamath Lake on April 26.
KID typically starts irrigation season on April 15, Cheyne said. He expects it will be at least another month before they get their water allocation this year.
“We’re already more than two weeks past our start date,” Cheyne said. “It’s a crucial time. We’re on a short season. It’s not like we’re going to pick up extra time at the end. We have a set number of growing days here, and you can’t take a month out of it and expect that you will be OK.”
The latest conflict in the basin centers on a parasite in the Klamath River known as C. shasta, which infects juvenile salmon on contact and can be fatal. The Hoopa Valley and Yurok tribes in northern California sued the Bureau of Reclamation and National Marine Fisheries Service in 2017, arguing that mismanagement of the river below the four major dams led to a deadly outbreak of C. shasta in 2014 and 2015.
Orrick, the judge, ultimately granted an injunction requiring 50,000 acre-feet of stored water in Upper Klamath Lake to flush and dilute C. shasta until at least 80 percent of the salmon have finished migrating to the ocean — usually sometime after June 1.
The Bureau of Reclamation is also required by law to maintain minimum water levels for an endangered species of sucker fish in the lake, and allocate water for irrigators. Supplies are already tight this year, with Gov. Kate Brown declaring a drought emergency for Klamath County in March. Stream flows are expected to range between 24 and 58 percent of normal through September, according to the USDA Natural Resources Conservation Service.
Feeling the pinch, the Klamath Water Users Association, along with KID and several other districts, filed a motion to stay the injunction, which would have allowed irrigation season to begin on time. Orrick denied the request, stating the defendants “do not show newly discovered evidence sufficient to justify suspending or modifying the injunctions.”
“While all of the parties present important equitable concerns, I issued the injunctions because the law demands that endangered species are entitled to primary protection,” Orrick wrote in his ruling.
Mike Orcutt, fisheries department director for the Hoopa Valley Tribe, said he was pleased with the decision. Salmon are of the utmost importance to tribal culture, he said, and the protections are critical for the species’ survival.
“The importance of the fish to the tribes is no less than the air we breathe,” Orcutt said. “My job is to make sure our children and grandchildren have the same opportunities that our elders did.”
Last year’s fall Chinook run in the Klamath River was the worst on record, with a surplus of just roughly 1,600 fish. The tribes are guaranteed half the harvest per their fishing rights, Orcutt said, leaving them with just 814.
“We felt strongly there was a linkage to the adverse conditions we saw,” he said. “I think it’s critical the protections remain intact.”
Scott White, executive director of the Klamath Water Users Association, said the group is obviously disappointed with the ruling. He said irrigators have taken 25,000 acres of farmland out of production since the 1990s to provide more water for fisheries, yet they are worse off now than they were before.
“Maybe we need to change our mindset and rethink our approach,” White said.
Jerry Enman, a KWUA board member and farmer near Merrill, Ore., said that science used to support the injunction has not been peer reviewed, and federal fisheries biologists have raised serious questions about whether dilution flows are valid.
Laura Williams, a spokeswoman for the Bureau of Reclamation in Klamath Falls, Ore., said the agency expects it will have about 200,000 acre-feet of water for irrigation when the season begins, and possibly more depending on how much of the 50,000 acre-feet of stored water is left over after dilution flows.
“It all depends on what goes in to Upper Klamath Lake,” Williams said.
Brad Kirby, president of KWUA and manager of the Tulelake Irrigation District, said the injunction leaves them with little water to work with this year going forward. The allocation is usually around 390,000 acre-feet during a normal season.
“We’ve threaded the needle in the past, and will do what we can to do it again,” Kirby said.
Orcutt said he understands the difficulties irrigators face, and emphasized that long-term fix is needed in the basin to satisfy competing water interests.
“It can’t be business as usual,” he said. “We need to look at realistically what’s sustainable.”