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Posted on 09/27/2001 10:36:59 PM PDT by farmfriend

Klamath Basin Water Protesters Dismantle Camp in Wake of East Coast Terrorist Attacks
Ownership Of Water Under Dispute. Farmers Share Meager Water Supplies With Wildlife

Protesters withdrew from the head gates of the Klamath Project irrigation system on September 12, saying they did not want to cause more problems for the federal government in the wake of terrorist attacks on the East Coast. "We made an agreement with them that in light of our national emergency, we'd call a truce on this thing for right now," said Bill Ransom, a local businessman and member of the protest group known as the Klamath Relief Fund. "It certainly is a very favorable turn of events, something that Reclamation really welcomes," said U.S. Bureau of Reclamation spokesman David Jones.

The government first shut off the flow of irrigation water to about 1,400 parched farms in the Klamath Basin in April, reserving the water to protect the habitat of reportedly endangered fish. Farmers who rely on the federal irrigation project have wrenched open the head gates four times since then, claiming the water legally belongs to them.

There have been many events since the last report in CGN, but not much action. Greenhorn Grange hosted a dinner and held a rally of support as one of the California caravans passed through their area. Caravans from several of the Western States converged on Klamath Falls to support the effort to reform the ESA. California's caravan, nicknamed the "Convoy of Tears," was formed in Malibu. The caravans collected both funds and staples to donate to the people in the Klamath Basin devastated by the government's action.

A class action lawsuit has been filed in Superior Court in Yreka alleging that environmental and fishing groups conspired to use false information in litigation that led to the federal shut-off of irrigation water. The lawsuit contends that the Sierra Club, Pacific Coast Federation of Fishermen's Association, and other groups overstated the risk of low water to federally listed coho salmon and suckerfish. The suit contends the environmentalists misrepresented the risks and ignored scientific evidence to the contrary.

Irrigation uses less than 4-percent of the water flow from Klamath Lake. This begs the question, can it seriously be claimed that the utilization of 4% of the total outflow of the Klamath Basin seriously affect the spawning of either the sucker or the salmon? And in denying the irrigation water, they are also denying 200,000 acres of wildlife habitat the water it needs to support waterfowl and other creatures, some, like the Bald Eagle, are also on the Endangered Species List. It is interesting to note that while the environmentalist seem impervious to the plight of the refuge, the farmers are not. Tulelake Irrigation District and local farmers have sent water to the Lower Klamath National Wildlife Refuge from their newly developed groundwater resource.

"The farmers in the Upper Klamath Basin have long been true friends of our Pacific Flyway waterfowl," stated Bill Gaines of the California Waterfowl Association. The upper Klamath Basin is the most important waterfowl staging area in all of North America, stated Gaines, and noted that even though these farmers had "taken a huge hit, but regardless of their own significant problems, they continue to keep the needs of waterfowl close to their hearts".

There are also reports that the government has been placing legal obstacles in the path of Barbara Martin, a leader of the Klamath Headgate "insurrection." It was Martin's research that uncovered information to the effect that under the conditions of the 1902 Reclamation Act, once the irrigators repaid the government the funds provided for the project, title to the project and water reverted back to the property owners. She found that the project moneys were completely repaid, with interest, in 1955, with the exception of 33 parcels which were confiscated by the government and sold.

This information has led to questions on whether the federal government has any right to be there at all. At best, say some, they may own the head gates, but not the water. Therefore, action has been taken to bypass the head gates with siphon pipes.

While action at the head gates has been recessed, political action has not. Supporters of the farmers and ranchers, including the Grange, will continue the battle in the courts and in the halls of Congress. Grangers are encouraged to inform themselves on the issues, then contact their Congressional representatives and call for support of review and reform. With great effort, perhaps we can forestall the need to repeat the actions of this past year in 2002.

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