Salmon and steelhead will once again ascend the upper Klamath River and its tributaries, as they did for many thousands of years before dams were built, if an agreement reached on April 6 is implemented.
At the mouth of the Klamath River at Requa in Northwest California, representatives of the U.S. Departments of the Interior and Commerce, the States of Oregon and California, the Yurok Tribe, the Karuk Tribe and PacifiCorp signed an agreement clearing the path for dam removal on the river.
The Amendment to the Klamath Hydroelectric Settlement Agreement (KHSA), if approved by the Federal Energy Regulatory Commission (FERC), will initiate the removal of four dams on the Klamath River. It will be “one of the largest river restoration projects in the history of the U.S,” according to Interior Secretary Sally Jewel.
Under the agreement, dam owner PacifiCorp, a subsidiary of Warren Buffet's Berkshire Hathaway, will transfer its license to operate the Klamath River dams to a private company. This company, the Klamath River Renewal Corporation, will oversee the dam removal in 2020.
PacifiCorp will continue to operate the four dams, including Iron Gate, Copco 1 and Copco 2 in California north of Yreka and J.C. Boyle in Oregon, until they are decommissioned.
“Today is a historic day where the parties who have worked for decades to restore the Klamath Basin are reaffirming their commitment to each other for the shared vision of fisheries restoration and irrigated agriculture co-existing as we move into the future,” said Secretary Jewell. “This agreement is an important initial step as we work toward a comprehensive set of actions to advance long term restoration and sustainability for tribes, fisheries, and agriculture and water users across the Klamath Basin.”
Yurok Tribe Chairman Thomas O’Rourke, NOAA Administrator Dr. Kathryn Sullivan, Oregon Governor Kate Brown, California Governor Jerry Brown, PacifiCorp President and CEO Stefan Bird, Congressman Jared Huffman (D-San Rafael), Secretary Jewell, environmental and fishery conservation groups and other Klamath River tribes participated in the signing event on the Yurok Reservation.
“Dam removal is a key element of large-scale fish restoration efforts on the Klamath, and we believe it puts the people of the Klamath Basin back on a path toward lasting prosperity,” said Thomas P. O’Rourke Sr.
The Klamath River was historically the third most productive salmon and steelhead watershed on the West Coast, but the once once robust fishery has declined over the decades. The removal of four dams owned by PacifiCorp will open up hundreds of miles of spawning and rearing habitat for fish.
In September 2015, the Yurok Tribe withdrew from the previous KHSA and the Klamath Basin Restoration Agreement (KBRA) over the Tribe’s concerns that a parallel Upper Klamath Basin Comprehensive Agreement was finalized in March 2014 without the participation of the Yurok Tribe. (www.dailykos.com/...)
The new dam removal agreement seeks to use existing funding and the same timeline as the original agreement. It is expected to be filed with FERC by July 1, and will be vetted using established, public processes, according to a statement from the Tribe.
“The plans for the actual removal of the hydroelectric facilities will have to comply with all federal and state regulations associated with large, landscape-altering projects,” the Tribe explained.
Klamath Power and Facilities Agreement also signed
The state and federal representatives also signed a second pact, the Klamath Power and Facilities Agreement (KPFA), designed to help upper basin irrigators “properly prepare for the return of salmon to the upper basin by constructing fish screens as well as other measures to protect and restore fish populations,” according to the Tribe.
“We’re are fully committed to developing sustainable solutions that work for both fish and farms,” said Chairman O’Rourke. Reconnecting Chinook and coho salmon, steelhead, and lamprey eel with more than 300 miles of historic habitat, and ameliorating the water quality problems caused by the dams, is a “primary first step in a process to heal the Klamath River and create stability in the basin,” he said.
The KPFA acknowledges that “additional actions” are required to restore the Klamath Basin’s fisheries, fulfill trust responsibilities to the Tribes, and sustain the region’s farming and ranching industry, he added.
“Many of these efforts will require federal legislation. The KPFA’s signatories and supporters are committed to working over the coming year with interested Klamath Basin stakeholders to craft complimentary agreements that offer comprehensive solutions to these difficult problems,” he said.
Chairman O’Rourke concluded, “The Klamath River is our lifeline and it is inextricably linked to the health and welfare of the Yurok people. It will be a truly historic day when we see salmon travel from the Klamath’s headwaters to the sea.”
For a good breakdown of the two agreements — what they do and what they don’t do — go to: www.opb.org/...
Karuk Tribe and conservation group leaders back agreement
Leaders of the Karuk Tribe also praised the signing of the agreement.
“We believe that taking care of the Klamath River is the responsibility of everyone who lives in the basin,” explained Karuk Chairman Russell “Buster” Attebery. “We can’t restore our fishery without working with our neighbors in agriculture and they can’t secure water for their farms without working with us. Dam removal is huge leap forward, but we must continue to work with the agriculture community to solve water conflicts as well.”
“This will be the largest salmon restoration project ever in America,” said Karuk Natural Resources Director Leaf Hillman. “It’s been a long time coming. We are more than ready to welcome the salmon home.”
The Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s Association, American Rivers, California Trout, the Federation of Fly Fishers, Trout Unlimited and the Klamath Riverkeeper also released statements applauding the signing of the amended KHSA and Klamath Power and Facilities Agreement.
"The four Klamath Dams slated for removal (which have no fish passage) have been disastrous for west coast salmon fisheries -- and salmon-related jobs -- over more than 700 miles of Northern California and Oregon coastline,” said Glen Spain, NW Regional Director, Pacific Coast Federation of Fishermen's Associations (PCFFA).
“Plus, the dams, some more than 100 years old, would cost far more than they would be worth to fix them up to modern standards, and so are functionally and economically obsolete. Although there are many other problems still to address in the Klamath Basin, this landmark Agreement moves the region much further along toward a major river restoration effort that will recapture thousands of lost jobs, bring greater economic stability to the region, and end nearly 100 years of bitter conflict,” Spain stated.
Konrad Fisher, Director, Klamath Riverkeeper, said, “Today we celebrate a milestone for healthy rivers. After a decade-long grassroots campaign led by tribal members from the Klamath River, we overcame the greatest odds and now have an agreement that paves the way for a free flowing Klamath River by 2020.”
“After years of lawsuits, protests, and inaction and inaction by Congress, we can celebrate a new path toward dam removal which means cleaner water and improved conditions for salmon. The agreement marks a victory for communities that depend on the Klamath River for food, jobs, recreation and cultural survival,” concluded Fisher.
Governor Jerry Brown, who has been strongly criticized by Tribes, fishermen and grassroots environmentalists for his California Water Fix to build the Delta Tunnels, his implementation of faux “marine protected areas” under the privately funded Marine Life Protection Act (MLPA) Initiative, and his support for fracking other controversial environmental policies, said his administration supports Klamath dam removal and river restoration.
“This historic agreement will enable Oregon and California and the interested parties to get these four dams finally removed and the Klamath River restored to its pristine beauty,” said Brown.
After commenting about how Native Americans did “such a good job” of managing natural resources for thousands of years before European settlers arrived, Brown commented, “Europeans screwed up lots of things. Now we’re putting it back together…we’re starting to get it right after 200 years of getting it wrong.”
Hoopa Valley Tribe doesn’t sign agreement over its concerns
The Hoopa Valley Tribe did not sign the agreement because of their concerns over provisions of the agreement, although Ryan Jackson, Chairman of the Hoopa Valley Tribe, and other members of the Tribe attended the event in Requa.
The Tribal leadership opposed the previous agreements because they said the pacts violated tribal water rights, and they advocated pursuing dam removal through the FERC Section 401 certification process.
“We’re now back at the table and we still are concerned over amendments, including section 1.7 that refers to the Trinity River Restoration Program,” said Chairman Jackson at a public meeting regarding the agreement that I attended in Sacramento in March. “This agreement shouldn’t impact the Trinity River Restoration Program (TRRP).” (www.dailykos.com/...)
He and other Hoopa Valley Tribe representatives in the meeting also asked for the removal of Section 1.9 that refers to the 2016 Klamath Power and Facilities Agreement (KPFA). “The real focus should be dam removal by itself,” he stated.
Jackson and Tribal Self Governance Coordinator Danny Jordan were also concerned about the proposed transfer of ownership of the Trinity River Fish Hatchery, now owned by PacifiCorp and operated by the California Department of Fish and Wildlife in partnership with Hoopa Valley Tribe in their coho program, to the state of California. He said the hatchery should be transferred instead to the U.S. Fish and Wildlife Service, the trustee for the Tribe.
Jackson told KRCR News on Wednesday, “We want to see a comprehensive package that addresses and protects tribal rights, and tribal sovereignty as well.” (www.krcrtv.com/...)
Don Gentry, Chair of the Klamath Tribes of Oregon, said that neither he nor other representatives of the Tribe could sign the agreement until it is approved by a vote of the Tribe’s members.
2016 expected to be tough year for Klamath salmon
The signing of the agreements comes at a critical time for Klamath fisheries. This year NOAA Fisheries scientists estimate that there are only 142,200 Klamath River fall Chinooks in the ocean, based on the returns of two-year-old salmon, called “jacks” and “jills.” The low estimate is largely due to heavy mortality of juvenile salmon due to disease in the low, warm water conditions over the past couple of years.
The severe cuts to fish harvest this year will be disastrous for tribal, recreational and commercial fishermen on the North Coast.
“This season will be devastating for fishermen and people on the river," said Thomas Wilson, a member of the Yurok Tribal Council and owner of Spey-Gee Point Guide Service. “Usually we get around 12,000 fish for subsistence on the river and what’s left goes to the commercial fishery. This year our entire quota is only about 5900 fish.”
I will provide updates on the Klamath agreements as I receive them.
Key Components of Klamath Hydroelectric Settlement Agreement (KHSA
Important elements of the Amended KHSA include the following, according to the Yurok Tribe:
• Does not end the FERC process; but changes it from a relicensing procedure to a decommissioning procedure;
• PacifiCorp agrees to transfer title of the dams to a newly formed entity that will then apply for a surrender and decommissioning process with FERC and also take on any liabilities associated with the removal of the dams;
• Does not require any new federal funding or Congressional action or authorizations;
• Adheres to the original KHSA timeline of dam removal in the year 2020;
• Does not suspend or alter any existing environmental laws including the Endangered Species Act, the Clean Water Act, National Environmental Policy Act or others;
• Does not waive, alter, or terminate any Tribal water or fishing rights.