Klamath district complies with water shutoff after feds threaten funding

Published 9:15 am Wednesday, August 24, 2022

George Plaven/Capital Press File Water flows from Upper Klamath Lake into the A Canal, part of the Klamath Project. The recently passed America's Water and Infrastructure Act includes several provisions aimed at aiding farmers and ranchers in the region.

KLAMATH FALLS, Ore. — After initially indicating it would defy the federal government’s order to shut off water to the Klamath Project, the Klamath Irrigation District has closed the A Canal under duress from officials threatening to withhold millions of dollars of drought assistance.

The U.S. Bureau of Reclamation manages the project, which includes KID and serves 170,000 acres of farmland straddling the Oregon-California border.

Only a limited allocation of water was allowed for irrigators from Upper Klamath Lake this year because of extreme drought.

On Aug. 19, Reclamation stated the project was out of water and ordered districts to immediately halt diversions. All remaining water in Upper Klamath Lake was needed to satisfy requirements for endangered salmon and sucker fish, according to the agency.

The KID Board of Directors met Aug. 22 and authorized the district’s manager, Gene Souza, to continue operations despite the order, arguing that Reclamation had not provided a legal justification for shutting down earlier than expected.

That prompted a letter later that day from Alan Heck, acting area manager for the bureau, warning that unless KID reversed course, it would disqualify all lands served by the district from receiving $20 million in emergency drought funding.

Such an action would not only impact KID, but also the Pine Grove Improvement District, Enterprise Irrigation District, Sunnyside Irrigation District, Malin Irrigation District, Shasta View Irrigation District, Klamath Basin Improvement District and Van Brimmer Ditch Company — along with land for almost 100 individuals who receive water via KID infrastructure.

The KID board held an emergency meeting Aug. 23 where it was decided to close the A Canal. Souza described Reclamation’s actions as “coercion” and “bully tactics.”

“(Our board’s) desire to do what’s right for our community put us in a really bad spot,” Souza said. “There was no good decision.”

Had aid only been threatened for KID, Souza said the district was prepared to hold firm. Earlier this year, KID members voted by an 83% margin to pursue water deliveries, knowing it would likely complicate their drought funding.

“When the federal government dragged in our neighbors that have done everything they’ve been asked to do … they’re bullying them in forcing us to make decisions,” Souza said. “That’s not how the federal government is supposed to act.”

A spokesperson for Reclamation could not immediately be reached for comment.

Adaptive management

From the beginning, Reclamation vowed it would take an adaptive approach to project operations in 2022.

Under the Endangered Species Act, the agency must also uphold protections for several species of fish, including shortnose and Lost River suckers in Upper Klamath Lake and coho salmon in the lower Klamath River.

Reclamation initially allocated 50,000 acre-feet of water for irrigators beginning April 15, just 15% of full demand.

However, officials stated that if inflows to Upper Klamath Lake exceeded expectations, they would set aside 50% of the additional water for irrigators.

That is exactly what happened. May and June brought slightly above-average precipitation to the Klamath Falls area, according to the National Weather Service. By Aug. 1, Reclamation stated the project water supply had increased to 82,253 acre-feet while maintaining a minimum lake elevation for suckers to access critical habitat.

However, irrigation districts criticized the bureau for sending mixed messages about how much water may be available, making it difficult for farmers to plan.

Brad Kirby, manager of the Tulelake Irrigation District in Tulelake, Calif., said shutting off water now could spell disaster for some crops.

“For some crops like alfalfa, we are looking at severely reduced production,” said Kirby. “But for row crops like potatoes and onions, there is essentially no production unless you have water through the end of the irrigation season.”

Moving the goalposts

Paul Simmons, executive director of the Klamath Water Users Association, estimated that about one-third of the Project will have received zero water this year, and the rest will have received “very limited” water.

As for the Aug. 19 water shutoff, Simmons accused Reclamation of making its decision based on politics, rather than science.

The ESA requires Reclamation to consult with two other federal agencies, the U.S. Fish and Wildlife Service and National Marine Fisheries Service, to establish guidelines for protecting endangered fish. The resulting Biological Opinions, or BiOps, form the basis for how much water fish and irrigators get every year.

A current BiOp for the suckers establishes an “absolute minimum” water elevation of 4,138 feet above sea level in Upper Klamath Lake for young fish to access critical habitat and hide from predators.

As a safeguard against over-drafting, Reclamation set a buffer of 4,138.15 feet above sea level, which it later increased to 4,138.62 feet. Simmons said that amounts to nearly 45,000 acre-feet of water put off limits to irrigators.

Simmons also said the end-of-year lake elevation targeted by Reclamation is “far above any level ever claimed to be necessary for endangered sucker species.”

The Klamath Tribes sued the federal government in May, claiming any water diverted from Upper Klamath Lake for irrigation in 2022 threatens the survival of suckers during the drought.

The fish, known as C’waam and Koptu, are central to the tribes’ history and culture.

Scrambling to respond

In response to the shutdown, districts are scrambling to come up with alternative plans to save as many crops as possible.

Kirby, with the Tulelake Irrigation District, said they are being forced to pump groundwater from the district’s wells to keep crops alive through harvest. Not only is the groundwater supply short of demand, but moving it to where it is needed poses a major logistical challenge.

“We’re having to rethink our entire system,” Kirby said.

Scott White, manager of the Klamath Drainage District, said Reclamation did propose a plan to “borrow” 10,000 acre-feet of water for farmers from PacifiCorp, which manages four hydroelectric dams downstream on the Klamath River.

The KDD board rejected the idea after learning the water would be repaid out of the district’s winter agricultural diversions.

“It’s been a different year, for sure, in terms of operating and cooperating with the bureau,” White said. “These policy decisions that are contrary to precedent and contrary to history, they do us no benefits in terms of managing our water wisely.”

The issue, Simmons said, comes back to “fundamental defects” with the project’s operations plan.

“It’s way beyond disappointment,” he said. “You just shake your head at how dysfunctional the government’s process is, trying to run this project.”

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