Thursday, October 13, 2016

The Klamath's Irrigation Elite is busted!

KlamBlog has for years exposed the cozy relationship between the Klamath Water Users Association (KWUA) and the Klamath Water and Power Agency which KWUA created with the US Bureau of Reclamation. We've pointed out that the organization is dominated by a handful of very large growers who own or lease thousands of acres of farmland receiving taxpayer subsidized water from the US Bureau of Reclamation's sprawling, 200,000 acre plus, Klamath Irrigation Project.

These large dominant growers exploit older, smaller farmers by paying very low lease rates to farm the smallholders' land. And they work through KWUA to prevent any reduction in the amount of land that is under irrigation with federal, subsidized Klamath River water in order to keep farmland lease rates low. Of course these large, dominant growers also receive millions in direct taxpayer subsidies each year. Those are just some of  the reasons KlamBlog calls these fellows The Irrigation Elite.  

Thanks to federal employee whistleblowers and the PEER organization which supports them, the Bureau of Reclamation's illegal activities in the Klamath River Basin, including diversion of wildlife funds to benefit the Irrigation Elite, have been exposed.  And now the Department of Interior's Inspector General has backed up some of those whitleblower claims.

Below you will find PEER's press release on that new development. This is just the tip of the iceberg, however. The Interior and Department of Commerce Inspector Generals need to also look into the corrupt 2013 Biological Opinion for the Klamath Project and the US Fish & Wildlife Service's decision to eliminate critical habitat for endangered Kuptu and C'waam (Shortnose and Lost River suckers) from the Lost River Basin where the Irrigation Elite controls much of the land and water. The USFWS official who engineered that gift to the Irrigation Elite is Curt Mullis. Mullis subsequently retired and was placed on the KWUA Board of Directors.  He's still a board member.

For more on the corruption of the ESA to serve the interests of federal irrigators see the KlamBlog post at this link.

Anderson Rose Dam largely dewaters the Lower Lost River in order to maximize 
irrigation. The Lower Lost River should be critical habitat for Kuptu and C'waam.

The Federal Trustee and Water Rights Negotiations

Federal watchdogs, including the Inspector Generals, should also look into whether the federal government has properly discharged its duty to protect and advance the interests of federal tribes while those tribes are negotiating water rights settlements. There is substantial evidence that in the Klamath River Basin, as in other parts of the American West, federal officials have intentionally worked to keep water to which the tribes have a right with mostly-white federal irrigators.

Those tribes and the members of those tribes would clearly be better off if the tribes retained the water rights and leased water back to irrigators on a yearly basis. That would create an income stream sorely needed by tribes and their members. But instead the feds entice tribal government leaders with promises of federal funding for cash strapped tribal departments. The lure of jobs and funding usually persuades tribal leaders to act in ways that are not in the interest of their members or of the streams in which those same tribes have in-stream water rights.

In the Klamath River Basin the feds exploit the long-standing desire of the Klamath Tribes' leaders to regain a portion of the land base they lost when their reservation was "terminated" by the Eisenhower Administration. In the Upper Basin Comprehensive Agreement those leaders agreed to give up their right to flows in the Klamath River if they can get funding to reestablish the tribal land base.

But would the Klamath Tribes and its members be better off retaining their water rights and leasing water annually to irrigators? That question, of course, only the members of the Tribes can answer. But the question raised here is different: Regardless of what tribal members ultimately decide, are federal officials looking out for the welfare of those members during tribal water rights negotiations or is their agenda to keep water with mostly white federal irrigators? 

Peer's Press Release

For Immediate Release:  Thursday, October 13, 2016
Contact:  Kirsten Stade (240) 247-0296

http://www.peer.org/news/news-releases/klamath-irrigators-illegal-piggy-bank-broken-up.html
 
         KLAMATH IRRIGATORS ILLEGAL PIGGY BANK BROKEN UP
           Auditors Find Reclamation “Wasted” Millions in Drought & Wildlife Relief Funds    

Washington, DC — A federal water agency misspent millions of dollars intended for fish and wildlife and drought relief in the Klamath Basin on irrigator subsidies, according to new audit report which confirms charges leveled last year by Public Employees for Environmental Responsibility (PEER).  The federal agency, the U.S. Bureau of Reclamation, disputes these findings and, while the payments have ended, it refuses to change its practices to prevent future abuse or to recoup moneys illegally spent.
   
In an audit report dated October 11, 2016, the Office of Inspector General (IG) for the Interior Department found that Reclamation improperly siphoned millions of dollars over several years to an irrigator’s group called the Klamath Water and Power Agency (KWAPA), which taps federal water projects in northern California and southern Oregon.  In recent years, the Klamath watershed has been crippled by a series of droughts.  The IG report details how Reclamation diverted $32 million in federal funds intended for drought contingency planning and helping struggling fish populations –
  • In a “waste of funds” wholly lacking in any legal authority; 
  • Paying for KWAPA salaries, fringe benefits, rent, travel and other expenses whose benefits flowed “primarily to irrigator contractors rather than fish and wildlife,” including $4.2 million for uses that could not be supported with documentation or were outright “unallowable”; and
  • By modifying the KWAPA contract “19 times to expand the scope of activities” and extend the original payment program from 2008 through September 30, 2015.
Due to complaints filed by PEER, the payments ended last year and KWAPA ceased operations on March 31, 2016. However, Reclamation rejects the IG findings. So, the IG is kicking this intra-agency dispute upstairs in Interior to “the Assistant Secretary for Policy, Management and Budget for resolution.”

“Basically, the Bureau of Reclamation became an illicit ATM for favored special interests,” stated PEER Senior Counsel Paula Dinerstein, noting that these illegal payments would be continuing if Reclamation employees had not blown the whistle. “To add injury to insult, these improper subsidies were used to aggravate environmental damage by draining shrinking groundwater supplies to benefit irrigators.” 

The whistleblower complaint from two Bureau biologists filed through PEER induced the U.S. Office of Special Counsel to order the Secretary of Interior to address the illegal diversion of funds and how her agency would remedy identified violations.  That answer to the Special Counsel was due back in August of 2015 but Reclamation, on the Secretary’s behalf, has obtained extensions totaling 15 months.  

“Reclamation is circling its wagons to defend the potentially criminal conduct by its own managers,” added Dinerstein, pointing to the Anti-Deficiency Act, which forbids expenditures not authorized by any appropriation and is enforced by criminal fines and/or imprisonment for up to two years.  “We will keep pressing for some accountability to taxpayers from Reclamation’s multi-year, multi-million dollar illegal money-laundering operation.”

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Tuesday, August 2, 2016

Derrik Jensen interviews KlamBlog writer/editor Felice Pace on Resistence Radio

On Sunday August 7th at 3 PM Pacific Time the Resistance Radio Network will broadcast an interview of KlamBlog's editor and principle writer, Felice Pace. The pre-recorded interview was conducted by author Derrick Jensen Jensen has been called the poet-philosopher of the ecological movement.

Derrick Jensen interviewed Felice about the Klamath River and Klamath Salmon. About 24 hours later, the interview will be available in Resistance Radio's audio archives.

When do we have a red alert?

The interview airs at an important time for the Klamath River. Even in this year of average precipitation, government, tribal and university scientists, working together as the Klamath Fish Health Assessment Team (KFHAT), are finding high incidence of two salmon diseases among juvenile salmon migrating down the Klamath, Scott and Shasta Rivers. These are natural diseases that scientists say have become epidemic in the Klamath River as a result of very poor water quality, especially exceedingly high water temperature, and inadequate spring-time river flows. 

Diseased juvenile salmon collected from the Klamath River
 
Sentinel fish studies indicate that up to 90% of juvenile Coho and Chinook Salmon, which must migrating down the Klamath, are dying before they can reach the Pacific Ocean. High juvenile salmon mortality is a major reason fish managers predict the second lowest number of salmon since the mid-1990s will return to the Klamath River this fall.

Already this year, up to 100% of juvenile salmon sampled in the Klamath River between where the Salmon and the Trinity enter the main Klamath have been infected with one of two salmon diseases which are epidemic in the Klamath River. Many juvenile salmon are infected with both Ceratonova shasta and Parvicapsula minibicornis. Nevertheless, the fish kill alert level is "yellow" rather than "red", indicating that no massive fish kill is immanent. California Fish & Wildlife officials stress the economic importance of sport fishing and tend to downplay the Klamath's disease epidemic because they don't want to close down sport fishing for Klamath Chinook Salmon.    

Challenging low springtime river flows

Meanwhile the Hoopa Valley Tribe has filed a lawsuit challenging the 2013 Biological Opinion on operation of the Bureau of Reclamation's Klamath Irrigation Project. The 2013 "Bi-Op" allows Reclamation to starve the Klamath River of the high springtime flows scientists say are needed to flush disease organisms from river gravel. 

By studying rivers around the globe, scientists have learned that the health of a river is tied to its natural hydrograph. In other words, in order to be healthy a river needs the full range of flows under which the river's ecosystem evolved. High flows, including floods, are just as important to a river's health as are adequate minimum flows. 

Most river studies have found that, in order to remain healthy, a river needs about 50% of its natural flow, distributed to mirror the natural hydrograph, to remain in stream. In the American West today, 70 to 90 percent of natural baseflows are diverted from streams to irrigated agriculture. The amount of water currently diverted from western rivers is incompatible with river health. 

As KlamBlog has pointed out previously, rather than reallocate water from irrigated agriculture to in-stream use, the feds want to substitute funding for "restoration" projects for the amount of water a river needs. Because many western tribes and river organizations have become dependent on federal restoration funding, they have tended to go along with the feds. The failure of society to reallocate water from irrigated agriculture in order to restore healthy rivers is driving the ongoing loss of native western fish and fisheries. 

Friday, July 29, 2016

Better late than never: Water deal supporters may finally sue to aid Klamath Coho

The Earthjustice press release stated it precisely: "Commercial Fishing & Conservation Groups Join Native American Tribes’ Legal Action to Protect Klamath Salmon and Fishing Communities." After nearly three years of urging by scientists, activists, Native youth and KlamBlog, the Klamath River tribes and fishing organizations which have long claimed leadership in defending and restoring Klamath Salmon have finally taken action to challenge federal policies which starve the Klamath of water flows and which, in recent years, killed most juvenile salmon before they could reach the Pacific Ocean. 

It has been something like the breaching of a dam: first the Hoopa Tribe, then the Karuk and Yurok Tribes, and finally the Pacific Coast Federation of Fishermens' Associations (PCFFA) and Klamath Riverkeeper have declared their intention to legally challenge the 2013 Biological Opinion which allowed the US Bureau of Reclamation to starve the Klamath River of flushing spring flows so essential to the health of the River and Klamath Salmon.

While we question why it took them this long, KlamBlog hopes that tribes and fishing groups, which had grown bleary eyed and docile through sitting in the back rooms for too long with too many white lawyers, have finally regained clear vision and courage. But before we get too hopeful, let's look more closely at the crisis which prompted the notice that a legal challenge may be coming.

Tuesday, June 28, 2016

Secret Klamath Water Negotiations set to resume

KlamBlog has it from a reliable source that Klamath water settlement negotiations are starting up again with the Interior Department's John Bezdek inviting "settlement parties" to an "exploratory" meeting in Medford on July 7th. Bezdek says the meeting is covered by prior "confidentiality agreements".

Since we are now talking about a public river (the Klamath) and not privately held dams, all those who have a stake in the Klamath River should questions why negotiations over the fate of our River should be entirely confidential. Why not have "public witnesses" present who don't talk but record the proceedings for posterity? At minimum, those who are sponsoring and driving this settlement, the US Interior Department, ought to issue substantive public reports to citizens each time a negotiation session takes place and when major proposals are laid on the table.

The fate of the Klamath River and a lot more is riding on negotiations set to begin July 7th
in Medford Oregon. For example, could this recovering riverfront land near 
Happy Camp become part of a Karuk Reservation via such a deal?

People of the Klamath, let's demand that they - Interior - do it the right way this time. I hope someone at that Medford meeting questions the need for strict "confidentiality" in these negotiations on behalf of the people.

It would be great to have an adequate and therefore durable settlement of the waters; a settlement that also protected the integrity of fish and wildlife laws we have seen abused since the KBRA Water Deal was signed. That sort of agreement will be more likely if a more open process is followed where river and all communities are informed and somewhat involved. In particular, those individuals and organizations who have invested their time in restoration and protection of our river should, by right of their sweat, have a voice in deciding the fate of the River. Ideally, our tribes and our Fish & Wildlife Departments in Oregon and California will involve both communities and our community organizations.

At minimum, this time I hope the People of the Klamath will demand that River leaders come back to the communities for consultation when key settlement proposals are on the table and for a thorough vetting once we have a proposed settlement to discuss.

What say you?


(KlamBlog is written by me, Felice Pace: unofelice@gmail.com)