[env-trinity] Earthjustice-Court Allows Salmon Advocates To Participate in Case by Klamath Irrigators Seeking Taxpayer Money
Jay_Glase at nps.gov
Jay_Glase at nps.gov
Tue Mar 1 10:00:43 PST 2005
Since I've been away for a while, could someone please tell me when and how
the adult salmon mortality number from 2002 was revised up to 70,000 fish?
And which surveys are they referring to that "indicate salmon
stocks in the Klamath will be low for years to come"?
Just trying to stay up to date.
thanks,
jay
*******************************************
Jay Glase
Great Lakes Area Fishery Biologist
Isle Royale National Park
800 E. Lakeshore Dr.
Houghton, MI 49931
906/487-9080
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| | "Tom Stokely" |
| | <tstokely at trinityalps.net> |
| | Sent by: |
| | env-trinity-bounces at velocipede.dcn.|
| | davis.ca.us |
| | |
| | |
| | 03/01/2005 08:13 AM PST |
| | |
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| |
| To: "env-trinity" <env-trinity at velocipede.dcn.davis.ca.us> |
| cc: (bcc: Jay Glase/Omaha/NPS) |
| Subject: [env-trinity] Earthjustice-Court Allows Salmon Advocates To Participate in Case by Klamath Irrigators |
| Seeking Taxpayer Money |
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Court Allows Salmon Advocates To Participate in Case by Klamath Irrigators
Seeking Taxpayer Money
Court recognizes fishermen's stake in outcome of farmers' bid for federal
compensation
February 28th, 2005
http://www.earthjustice.org/news/display.html?ID=961
Contact Info:
Todd True, Earthjustice, 206-343-7340 x 30
Glen Spain, Pacific Coast Federation of Fishermen’s Associations,
541-689-2000
Washington DC-- In a case with a billion taxpayer dollars at stake, a
federal claims court has
ruled that commercial salmon fishermen have the right to fully participate
and defend against
Klamath irrigators seeking compensation for receiving less than 100 percent
of federal water
deliveries in 2001. The ruling marks the first time any group trying to
protect fish and wildlife
has been allowed to intervene as a full party in a case in the Court of
Claims. The ruling from the
United States Court of Federal Claims in Washington, DC, came late Friday
and granted the
Pacific Coast Federation of Fishermen’s Associations full party status. The
federal claims court
deals with questions of monetary compensation from the federal government.
During the summer of 2001, in a near-record drought year, government
officials reduced
diversions of the Klamath River to farmers in order to sustain federally
protected coho salmon
downstream. These irrigators claimed the lack of water caused them economic
losses and
subsequently filed suit seeking taxpayer compensation for an
unconstitutional “taking.” When
commercial fishermen and conservation groups moved to participate in the
case, the irrigators
strenuously objected. In Friday’s ruling, Judge Francis Allegra found that
the salmon advocates
have a legitimate stake in the outcome.
“The irrigators argued that a billion dollar decision from the Court of
Claims is about as
significant as a withdrawal from an ATM,” said Todd True, an attorney with
Earthjustice. “The
order of the court embraces the contrary common sense idea that a claim for
a billion dollars has
real world implications for fish, fishermen, and their families.”
Regulation of commercial salmon fishing in Northern California and Oregon
is largely governed
by the health of Klamath salmon stocks. In 2002, an estimated 70,000 adult
salmon died in the
river before they could spawn. Scientists identified extremely low flows
caused by the upstream
irrigation diversions as a primary cause of the fish kill. Fish surveys
indicate salmon stocks in the
Klamath will be low for years to come with a small number of adult salmon
expected to return
this year. Federal and state fishery managers have indicated that the
commercial salmon season
for 2005 is likely to be severely limited in order to rebuild the damaged
salmon stocks.
Farmers in California’s Central Valley brought a similar constitutional
“takings” claim that was
successful in a lower court Instead of appealing that decision, the federal
government recently
settled the claim and paid the irrigators’ $16 million, a development
fraught with peril for those
who commercially fish salmon from the Central Valley.
The court here indirectly addressed such a situation, stating that the
interests of PCFFA “give
rise to the distinct possibility that a ruling against the United States
would have significant
impacts on the allocation of the water in the Klamath Basin and
corresponding negative impacts
on PCFFA’s fishing interests.”
“Trying to resolve these claims without having a seat at the table for fish
and wildlife is like
having a three-way debate with only two people,” said Glen Spain of PCFFA.
“If fish and wildlife
had a seat at the table in the California Central Valley litigation, it
might have saved taxpayers
$16 million dollars and ensured that water would be left in the river for
fish.”
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Email: eajus at earthjustice.org
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protecting the magnificent
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right of all people to a
healthy environment. We bring about far-reaching change by enforcing and
strengthening
environmental laws on behalf of hundreds of organizations and communities.
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