[env-trinity] Press Releases on Dismissal of Klamath Fish Kill Lawsuit

Tom Stokely tstokely at trinityalps.net
Tue Jan 18 13:45:01 PST 2005


Contact:   Andrew T. Lloyd
                Pacific Legal Foundation
                (916) 419-7111

                Dawn Collier
                Media Director
                Pacific Legal Foundation
                (916) 419-7111
                (916) 718-8572 (Cell)




OAKLAND, CA; January 14, 2005: In the second major court victory for Klamath farmers this week, a federal court yesterday ruled in favor of the Klamath Water Uses Association when it dismissed the case brought by the Yurok Tribe to usurp the water rights of Klamath farmers. Pacific Legal Foundation successfully represented the Klamath Water Users Association as intervenors in the tribe's case against the federal government. (The case is PCFFA v. United States Bureau of Reclamation.)

"This is a great victory for Klamath farmers, and for all of the people who worked hard to put a balanced plan in place for the Klamath Basin," said Pacific Legal Foundation attorney Andrew Lloyd. "The farmers and the federal government understood that everyone needs to work together to manage scarce resources."

"Unfortunately, the Yurok Tribe used the Klamath crisis as a political opportunity to wrest operational control of the Klamath Project from the Bureau of Reclamation. The tribe wanted the Bureau to dedicate its stored water to them first, and only if there was water left over could any be used by the Klamath Project's farmers. The judge made it clear that the tribe does not have that authority," Lloyd said.

In 2001, Klamath Basin farmers lost their crops and farms when environmentalists forced a shutdown of water deliveries to the farmers to protect coho salmon and sucker fish in the Upper Klamath Lake. The federal government's decision to end water deliveries to hundreds of farming families who have lived and farmed in the basin for a century left many farmers bankrupt and severely damaged the community economically. Despite the devastation they suffered, the farmers have continued to work with the federal government to make more water available for in-stream flows through a water bank program. 

The Yurok Tribe, which lives nearly 200 miles downriver from the Klamath Project, claimed the operation of the Klamath Project and low water flow caused an unprecedented fish die off in 2002. They contended the bureau should have released more water, and that the low flows violated their fishing rights under federal law. They sued to force the federal government to give more water to them and less to the farmers, but failed to establish any legal basis for the court to do so. 

The court agreed with PLF's position that the 2002 fish die off occurred only once in recorded history, and found that the tribe could not establish that a similar fish die off was likely to occur in the future. Despite the fish die off, the California Department of Fish and Game reported that during the 2002 fishing season, the Yurok Tribe and the Hoopa Valley Tribe were able to catch more than 24,000 fish, which was well above the historical average harvest of 22,500. 

Earlier this week, Pacific Legal Foundation won another long-fought victory on behalf of Klamath farmers when a federal judge ruled that the Endangered Species Act listing of the coho salmon in the Klamath Basin rivers of southern Oregon and northern California was unlawful. (Grange v. Evans and National Marine Fisheries Service.) 

About Pacific Legal Foundation

Founded in 1973, Pacific Legal Foundation is a national leader in the effort to reform the Endangered Species Act and raise awareness of the Act's impact on people. More information on the Foundation can be found at www.pacificlegal.org.

# # #

For Immediate Release 

Tanya Augustson, (202) 347-0228, taugustson at beef.org 
Karen Batra, (202) 347-0228, kbatra at beef.org 

Judge's Decision Scores Victory for Klamath Ranchers' Water Rights
Common-sense management of fish and wildlife prevails

Washington, D.C. (Jan. 17, 2005) - Ranchers and farmers in the Klamath River area scored a major judicial victory Friday when a federal district court judge dismissed a lawsuit brought by the Pacific Coast Federation of Fishermen's Associations and the Yurok Tribe.  The case challenged the Bureau of Reclamation's management of water in the Klamath River.  The plaintiffs claimed the government's management of the Klamath Project violated their fishing rights in 2002 and resulted in a die-off of salmon on the lower Klamath River.

Oakland, Calif. Judge Saundra Armstrong agreed with motions put forth by the Klamath Water Users Association (KWUA) and the federal government that there was no evidence linking the bureau's management of water with the die-off.  

The Klamath Project delivers irrigation water to 220,000 acres of farm land in Oregon, Washington, and southern California.  The National Cattlemen's Beef Association (NCBA) is working to maintain the economic viability of agriculture and ranching communities throughout the West by minimizing undue regulatory burdens.  

"We are pleased Judge Armstrong recognized the absence of evidence to support the plaintiff's claims," says Jeff Eisenberg, NCBA director of federal lands.  "Producers need their operations to be viable while simultaneously caring for the environment and protecting fish and wildlife," Eisenberg continued.   "Obviously there are watershed issues in the Klamath area that need to be dealt with, but we look forward to addressing these needs outside the litigation process."

Dan Keppen, KWUA executive director explained, "We are sympathetic toward the tribe's needs, and our attorneys tried to work with all interested parties to reach a win-win position in this case. Still, litigation will not resolve their concerns.  There are other ways to constructively reach a remedy that addresses all watershed needs without needless lawsuits and divisive press attacks."  

A 2003 National Academy of Sciences (NAS) report "Endangered and Threatened Fishes in the Klamath River Basin: Causes of Decline and Strategies for Recovery," found no substantial scientific support linking irrigation in the Klamath basin to the welfare of endangered fish.  The scientific panel suggested a number of factors - other than water and flow levels -- could be to blame. These include water temperature, oxygen levels, algae population, the number and size of dams along the waterway and development in the area. 

~ visit our web sites at www.beefusa.org or http://hill.beef.org ~

 The National Cattlemen's Beef Association (NCBA) is the largest organization representing America's cattle industry.  Initiated in 1898, NCBA is the industry leader in education, influencing public policy to improve producer profitability and in preserving the industry's heritage and future.  Efforts are made possible through membership contributions. To join, contact NCBA at 1-866-BEEF-USA or membership at beef.org.

Karen Batra 
Director of Public Affairs 
National Cattlemen's Beef Association
1301 Pennsylvania Avenue, NW, Suite 300 
Washington, DC 20004-1701 
kbatra at beef.org 
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