[env-trinity] Speak For the Klamath FRIDAY APR 1 at Bayside Grange????

summerhillfarmpv at aol.com summerhillfarmpv at aol.com
Wed Mar 30 18:03:58 PDT 2011


I knew when I replied that I'd get this type of response back.  I'm  not 
interested in continued exchanges, only in getting this done, realizing some  
will battle to the end to block.  The perfect is the enemy of the good in  
this case.  Opinions are unlikely to change, and the proof will be in the  
doing.  Tom, I respect you, just don't agree.
Mark R.
 
 
In a message dated 3/28/2011 11:03:19 A.M. Pacific Daylight Time,  
t.schlosser at msaj.com writes:

Bill's point about utility regulation is generally right but I think  
PacifiCorp cannot show that incurring the cost of providing up/down fish  passage 
is recoverable from ratepayers. FERC won't mandate those improvements  but 
their offer of a license will be conditioned on acceptance of the costs of  
improvements. PacifiCorp will reject that license. Their submissions to the  
Oregon PUC and the CPUC in support of surcharging ratepayers to raise funds 
 for dam removal showed that dam removal was the most cost effective 
solution.  I don't think they can change their minds now and say that the public 
interest  favors incurring the larger costs and risks of building volitional  
passage.  The OPUC's informative but length _order  on the subject is here_ 
(http://www.schlosserlawfiles.com/~hoopa/Surchargeorder091610.pdf) .

Mark's claim that  "in most years there will be much more water going to 
the river  than in the past, especially during dry years"  is just hogwash. 
This compares the river trickles released by Reclamation  (in defiance of the 
ESA and the needs of fish from 1974 until 2001) with the  post KBRA flows. A 
fairer comparison is between the ESA BiOp and  KBRA: the KBRA does not fare 
better in that comparison, indeed it seeks to  reduce the ESA requirements.

Mark's efforts to "prevent waiver of the ESA requirements in  the 
critically dry years" failed. Instead, he and other parties  agreed in sec. 21.3.1.B 
to support changes in the BiOp  requirements in order to facilitate the 
Reclamation diversions of water that  have nearly destroyed the fishery.  That 
subsection says:

" ii.  Support for Regulatory Approvals of Diversion Limitations
a. Each such  Party shall support the issuance of Regulatory Approvals for 
diversion of  water for the Klamath Reclamation Project subject to the 
diversion limitations  identified in Appendix E-1, including the obligations of 
Federal and State  Agency Parties stated in Section 21.3.1.A."

The draft drought plan  doesn't change any of this--one of the reasons all 
should comment on it before  the April 15, 2011 deadline.

And one final sore point--the "nearly $600  million was already committed 
to the Klamath basin recovery, so to say we're  adding a $1 Billion dollar 
deal here is not totally accurate" The idea of  reprogramming $600 million of 
federal funding in the Basin--money going to  things like the Trinity River 
Restoration Program--to pay instead for the huge  subsidies to irrigation 
pumpers and the "on-project water plan" is just  ridiculous.

Tom

The claim  that

On 3/28/2011 10:12 AM, _summerhillfarmpv at aol.com_ 
(mailto:summerhillfarmpv at aol.com)  wrote:  
Tom, Bill, et all, I think we are getting distracted from the real  issues 
here.  We have differing opinions on what the KHSA and KBRA will  do for the 
river and fishery.  Some say it means less water for the  river and some 
the opposite.  The fact is that in most years there will  be much more water 
going to the river than in the past, especially during  dry years.  Take a 
look at the graphs on historical diversions vs. what  will happen under the 
KBRA.  Glen Spain and I worked for nearly 2  months to prevent waiver of the 
ESA requirements in the critically dry  years, so meeting the BiOp 
requirements is still required, and thus the ag  allotment can be lowered based on 
that if needed.  It's true, more  water is going to Ag than we in the 
negotiations wanted, but that was the  compromise we made based on additional 
restoration, ground water management  and over-sight, along with a volunteer water 
right reduction program for  upper basin Ag.  
 
Tom Hardy was very clear in our science meeting in Mt. Shasta that he  felt 
the reduced flows in the river under drought conditions would work for  
fish as long as the dams were out.  My memory was that flows as low as  700 cfs 
would support the fishery.  I realize Hoopa biologist  disagreed, as did 
Bill Trush, but all others agreed with Tom (24  biologists).  
 
The KBRA and KHSA are not perfect agreements only because they don't  
provide everything the environmental community and Tribes would like.   That 
said, if they were perfect to all of us, it never would have reached  the 
agreement state we now have.  Frankly, all sides have to feel  they can "live with 
the final agreement" and that is what  happened.  No side felt "they won", 
yet neither did they  feel they lost.  
 
Let's not forget that nearly $600 million was already committed to the  
Klamath basin recovery, so to say we're adding a $1 Billion dollar deal here  
is not totally accurate.  Pacific Corp has done their work to determine  what 
is in their best interest and that is the KHSA, and I don't think any  of 
the rest of us want the dams to stay.  This is the best path forward  in the 
shortest amount of time.  Why can't we work together to get it  done instead 
of fighting over who is right?  The deals are only as good  as the effort 
put in to get them completed.  If the two deals get  completed the basin will 
be better off than today, and we have the chance to  have salmon and 
steelhead in the upper basin for the first time in nearly  100 years.  
Implementation of the other pieces are critical to flows,  and that needs to get 
completed.  Undermining the agreements only means  that none of it gets completed, 
which I see as a huge loss for the basin,  its communities and the fishery.
Mark Rockwell
 
 
In a message dated 3/28/2011 9:48:04 A.M. Pacific Daylight Time, 
_kierassociates at suddenlink.net_ (mailto:kierassociates at suddenlink.net)   writes:

Tom

With the greatest respect  and regard for your counsel, believe me, Ive 
just got to stick my oar in  here : 

At the time of the administrative proceedings in Sacramento  - when was 
that, 2007 ? - most of the fish agency folks thoroughly  believed your 
proposition, below, that 'The only license FERC can issue to  PacifiCorp will 
require construction of full volitional fish passage, work  so expensive that 
PacifiCorp will remove the dams instead.'

The  prob with the way that we regulate utilities, however, is that the 
utility  can recover the full cost of mandated improvements to its assets - 
plus  its established rate of profit - X% on top of its (the ratepayers')  out 
of pocket costs

So the world of utility regulation is this sort  of upside-down business 
model where greater expenses actually add profit  (and dividends for the 
utilities' shareholders) - goofy, I know, and hard  to keep one's brain wrapped 
around - but that's the way it is. 

The  volitional fish passage work, had it been the path taken, would have 
been  idiotic - but profitable to the utility/ its shareholders

That  said, I, too, wish for satisfaction of PacifiCorps' Clean Water Act  
responsibilities.

'Best to all,

Bill

At 08:58  AM 3/28/2011, Tom Schlosser wrote:

Please note that  this event raises funds for the legislative effort that's 
very  questionable and quite controversial in the Basin.B The legislation  
demanded by PacifiCorp and the other KHSA parties must also  ratify the 
KBRA, complete with its unfair allocation  of water away from the Klamath River, 
and its required billion in  federal appropriations. Rather than lobbying 
Congress for this poorly  designed legislation, parties should be lobbying 
the SWRCB and ODEQ to  complete their CWA Sec. 401 application processes and 
let the FERC  process resume.B The only license FERC can issue to PacifiCorp 
will  require construction of full volitional fish passage, work so 
expensive  that PacifiCorp will remove the dams instead. FERC has a decommissioning  
policy that works. See Tacoma v. FERC 
_http://www.msaj.com/cases/051054a.pdf_ (http://www.msaj.com/cases/051054a.pdf) 

Legislation  isn't necessary for dam removal. PacifiCorp made a deal (with 
some  groups and pols) which has no fixed removal date. They like that.  
They're cheerfully watching the process go sideways, ...which they have  every 
right to do under the KHSA. Folks need to read the documents  carefully and 
examine the exit options. 

Tom

On  3/27/2011 3:09 PM, Byron Leydecker wrote: 

B 
B 
From:  Dan Bacher [_  mailto:danielbacher at fishsniffer.com_ 
(mailto:danielbacher at fishsniffer.com) ] 
Sent: Sunday,  March 27, 2011 1:49 PM
Subject: Speak For the Klamath FRIDAY  APR 1 at Bayside Grange!
B 
Below is information about a great  event hosted by the Klamath Justice 
Coalition and Klamath Riverkeeper  in Arcata this Friday, April 1, at 6 p.m.
B 
Thanks
Dan
B  
Dear friends,
B 
This Friday, April 1 is the Speak for the  Klamath fundraiser hosted by the 
Klamath Justice Coalition and Klamath  Riverkeeper at the Bayside Grange in 
Arcata (flyer attached). It would  be great to see you there.
B 
The event features frybread tacos,  local beer and wine, an auction of 
local art, film shorts, spoken  word, live music and t-shirt sales. Doors open 
at 6 p.m., and there's  a suggested $10 donation. Proceeds from the event 
will help send a  delegation of Klamath River activists to Washington D.C. to 
advocate  dam removal on the Klamath.
B 
We'd really appreciate your  support, whether it's by attending the event, 
volunteering (if you or  someone you know can volunteer, please e-mail me) 
or spreading the  word! Become a shareholder in one of the world's largest 
restoration  projects and join the movement to restore an almost 16,000 square 
mile  ecosystem.
B 
Erica Terence
Conservation Director/Executive  Director
Klamath Riverkeeper
PO Box 751
Somes Bar, CA  95568
B 
530.627.3311 (office)
530.340.5415 (cell)
B  
_http://www.klamathriver.org_ (http://www.klamathriver.org/)  
B  
B 
Byron Leydecker
Chair, Friends of Trinity  River
PO Box 2327
Mill Valley, CA 94942-2327
415 383 4810  land
415 519 4810 mobile
_bwl3 at comcast.net_ (mailto:bwl3 at comcast.net)  
_bleydecker at stanfordalumni.org_ (mailto:bleydecker at stanfordalumni.org)  
_http://www.fotr.org_ (http://www.fotr.org/) 
B  
B 
B 
B 

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