Nebraska Water Users

God Squad Part I

NWU Radio Script

7-31-01

The Pacific Legal Foundation (PLF), a public interest law firm, has filed a formal petition urging a convening of the Endangered Species Committee, commonly known as the "God Squad," to reverse a federal decision by the U.S. Bureau of Reclamation that denied farmers in Oregon's Klamath Basin water and instead raised lake levels for endangered fish species.

PLF Attorney Anne Hayes announced from the State Capitol steps in Sacramento, Calif., on July 3 that the petition had been filed, while surrounded by five California legislators and other supporters.

In an article written for the California Farm Bureau by Christine Souza, Souza notes that PLF is dedicated to limited government and strong property rights, and believes the biological opinion used in making the April 6 determination to not allocate water to growers is scientifically flawed. The U.S. Department of Interior has also expressed concern over the quality of the studies used and has conceded that bad science may be to blame for the devastating situation in the Klamath Basin. PLF therefore, in its petition, contends water can be delivered to farmers while still preserving the threatened species.

The petition by PLF, who represents the Klamath and Tulelake irrigation districts, requests that Interior Secretary Gale Norton and Commerce Secretary Don Evans move forward with the God Squad. Norton, who heads the God Squad, has the power to override government decisions with respect to enforcement of the Endangered Species Act. During the 20-day period following receipt of the petition, Norton and Evans must determine whether the Department of Interior has carried out its responsibilities under the ESA. A public hearing must be held and a report submitted within 140 days.

Tulelake cattle rancher Mike Byrne, who gave a statement during the PLF press conference, explained the fight of Klamath Basin farmers and suggested the "fish first, people last" line of thinking be changed. He added, farmers and other Klamath Basin residents support the position that the God Squad convene to tackle this issue.

"What's happened in the Klamath Basin can happen anywhere in California, in the San Joaquin Valley or anywhere in the United States," Byrne said. "Remember we need to put people, families and common sense into the Endangered Species Act."

While PLF is fighting for growers in Sacramento, on the Fourth of July back in Klamath Basin, residents participated in a planned demonstration where about 300 people gathered at the headgates of the A Canal. With tools they cut the welds placed by the Bureau of Reclamation and opened the canal to water from Upper Klamath Lake.

"People are fighting for their very lives," said Don Russell, of the Klamath Water Users Association. "The ground is brown and dead. Those who have water are OK, but for those of us who do not have water, our houses are 'burning.' It is just really difficult and hard to explain to your families. It is so wrong. It's a real blanket of misery the federal government has thrown on our people."

A biological opinion by the U.S. Fish and Wildlife Service led to the decision to shut off water to the majority of Klamath Project farmers. It stated two endangered suckerfish in Upper Klamath Lake could suffer if lake levels were not maintained. Of the 210,000 acres served by the Klamath Project, only 16,000 acres received water deliveries. After living for three months without Klamath Project irrigation water, farmers and ranchers who grow 40 percent of California's fresh potatoes and 35 percent of America's horseradish, wheat and barley have been left helpless. The 1,400 farming families typically generate in excess of $250 million in economic activity each year.

On June 4, Dickerson sought help from the University of California to conduct an independent scientific peer review of the biological opinion. The university agreed to do the review with no charge to the state.

"I hope we can resolve this problem with a review of the biological opinions and that good, sound science and reasonable decisions can be made that will provide water for agriculture and the fish," said Deb Crisp, Tulelake Growers Association executive director.

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God Squad, Part II

NWU Radio Script

8-6-01

Last week we learned about a petition filed by a California legal foundation to intervene in the Klamath Falls case in Oregon and convene the Endangered Species or "God Squad." The call is to reverse a U.S. Bureau of Reclamation opinion denying farmers in the Klamath Falls and Tulelake irrigation districts their irrigation water to protect two species of endangered fish.

An article from the California Farm Bureau federation notes there are two diverse spectrums of opinion on the issue. Farmers assert their very livelihoods are in danger and that the biological opinions used to issue the stay of water were based on flawed science.

Agricultural opponents believe the biological opinions are based on sound science and feel increasing the amount of water will benefit economies of local Indian tribes and fishing industries.

Allen Foreman, chair of Klamath Tribes, who testified at the May 16 hearing of the U.S. House Resources Committee in Klamath Falls, communicated tribes' beliefs that the demand on Upper Klamath Lake needs to be reduced. This could be done, he said, through a program where agriculture is rewarded for retiring land. A sustainable livelihood for the tribal community, Foreman said, depends on restoration of the tribes' ownership of homelands, which includes a portion of the watershed.

The Pacific Coast Federation of Fishermen's (PCFF) Associations noted the Klamath River was once the third most productive salmon river system in the U.S. Today they note salmon runs have been reduced to less than 10 percent of their historical size. At the same hearing, Zeke Grader, PCFF executive director, testified that reduced water quality and quantity by agriculture can be blamed for reduced salmon runs. He added, economic losses to coastal fishing communities are staggering, which is ultimately due to loss of fish in the Klamath River.

"We support a land retirement or buyback program if willing sellers are found," Grader said. "Such a program has been used before to retire land formerly irrigated by Bureau of Reclamation. This would provide long-term water stability for remaining farmers as well as ensure adequate water supplies in the basin to support fish recovery."

Allen Hulbert, of the Tulelake Irrigation District, said the American Land Conservancy currently has 29,000 acres of farmland under contract with Klamath growers to be sold at an appraised value between $3,000 and $4,000. Under this contract, Hulbert said the farmer does not have the option to refuse it if they receive more than $3,000 per acre.

Hulbert questions the legality of the contract and feels it does not protect the seller's rights. "The ALC is the only buyer in town," Hulbert said. "Farmers had to put the farms up for sale because of their financial situations. But this contract, to me, stinks like you can't believe. It is scary."

Farmers and several Klamath Basin-area businesses such as restaurants and automotive shops who did not sign contracts with the ALC are trying to hold on. Klamath Basin ranchers are selling cattle, Hispanic farmworkers are moving out of the area and people in general are being conservative with how they spend their money.

Tulelake farmer Marty Macy, son of a World War II veteran and Klamath Basin homesteader, has stood at the forefront of the fight. He testifies at hearings and makes himself available to the media, while trying to maintain what remains of his farming operation. Recently, Macy paid for a well to be drilled, although it will not help with this growing season. If water is not on crops right now, Macy said, they are gone this year.

"We're are all trying to maintain a sense of humor, but what sticks in the back of your mind is this didn't have to happen," Macy said. "Those who have crops are trying to make it work. It's not a pleasant thing and we need something to happen real soon. People are getting antsy."

In other developments:

Early in July the U.S. Department of Labor approved $3.42 million to retrain and provide career assistance to as many as 480 Klamath Basin farmworkers dislocated by the water shutoff. The retraining must be for a long-term career. Assistance also covers spouses.

U.S. Sen. Dianne Feinstein, D-Calif. announced in late June an agreement with Sen. Robert Byrd, D-W.Va., chairman of the Senate Appropriations Committee, to provide $20 million in aid to farmers impacted by drought in the Klamath Basin. The $20 million will be added as part of Byrd's amendment to the Supplemental Appropriations Bill now pending before the Senate. If approved, it will go to a Senate-House Conference Committee.

Reps. Wally Herger, R-Calif., and Greg Walden R-Ore., introduced the Klamath Basin Government-Caused Disaster Compensation Act, a bill that requires the government to compensate Klamath Basin residents for loss of income because of the Endangered Species Act. Herger believes the government caused this disaster and therefore should pay for it. The bill requires the secretary of the interior to restore each person's economic status to what it would have been if water had been delivered.

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