Ranchers who are members of the Shasta River Water Association have defied state law by diverting water flows from the Shasta River, a key Klamath River tributary for imperiled coho and Chinook salmon, a joint press statement from the Karuk and Yurok Tribes revealed.
The Association violated an order by the State Water Resources Control Board Board to cease and desist all diversions from the Shasta River just a week after a fire induced mudslide killed all fish in a 60-mile reach of the Klamath River.
The violation by the Association takes place as the Klamath Irrigation District in Southern Oregon also plans to defy a U.S. government order issued last week to halt water deliveries to farmers in the basin.
“The Association is illegally dewatering one of the most important salmon nurseries in California,” said Karuk Chairman Russell ‘Buster’ Attebery. “After last week’s fish kill, every juvenile salmon in the Klamath basin must be protected to ensure future runs. We are horrified, we are angry, and we expect accountability.”
The Tribes said the diversion led to a 37% decrease in Shasta River flows, from 58 cubic feet per second (cfs) to 36 cfs in about 2 hours on August 17. Rapid drops in flow strand fish along the banks leading to mortality, the Tribes said.
On August 18, 2022 the State Water Board issued a letter to the Shasta River Water Association stating “...the SRWA’s water right is curtailed under the drought emergency regulation and SRWA should not be diverting water from the Shasta River watershed.”
The order reads:
“IT IS HEREBY ORDERED, pursuant to sections 1831 through 1836 of the California Water Code, that:
1. The Diverter shall immediately cease and desist all diversions from the Shasta River and shall continue to cease diversions until curtailments have lifted or otherwise notified by the State Water Board.
2. The Diverter shall maintain, and provide to the Division upon request, records of all surface water diversions from the Shasta River.
3. The Diverter shall maintain a working flow meter for any future diversions once curtailment is lifted.”
Since August of 2021, water users in Siskiyou County’s Shasta and Scott River Valleys have been subject to a curtailment order (Order). The State Water Board developed the Order after Governor Newsom declared a drought emergency in the Spring 2021, the Tribes noted.
“The Order is an attempt to maintain bare minimum flows in two of the Klamath’s most productive tributaries for Chinook salmon,” explained Karuk senior fisheries biologist Toz Soto. “These flows reflect the best available science and are the minimum amount of water the fish need to survive in drought years.”
Soto said salmon spend 3-5 years of their lives as adults in the Pacific Ocean. Adults return to the freshwater streams they were born in to mate and lay eggs. Juveniles hatch in the Spring but normally spend a year in the river to grow large enough and strong enough to make the swim out to the ocean, repeating the cycle.
“The Shasta River is unique in its abundance of cold springs that flow year-round, making it an outstanding place for juvenile salmon to rear. Unfortunately, most of this cold clean water is being diverted to flood irrigate pasture,” Soto stated.
“We demand and deserve an equitable and fair approach to sharing water,” said Frankie Myers, the Yurok Tribe’s Vice Chairman. “For too long ranchers have done what they please with no concern for those of us living downstream. It is time we manage the Klamath basin together as a whole.”
The Tribes said they are “evaluating all options” for holding those engaged in illegal diversions accountable.
“The State Water Board needs to act immediately to hold these illegal diverters accountable. We know the drought is tough on the agricultural community, but once these fish are gone, they are gone forever,” concluded Myers.
The Shasta River Water Association, Inc. a tax-exempt 501(c)(12) irrigation group) based in Grenada, California, represents about 80 ranchers.
The Association has not yet responded to my phone call asking for a comment on the cease and desist order.
“In a letter to the water board on August 17, the group claimed it believed exemptions allowed it to reduce its diversion by only 15% and said it would start pumping water to supply livestock in hot weather and to fill ponds for fire suppression,” according to the Redding Record-Searchlight.
“The curtailment has dried the Shasta Valley to the point of endangerment to health and life of the public and residents who live here, with apparent disregard to the livestock and pet health within this watershed,” the letter stated.
Friends of the Shasta River accused the Association of “wanton disregard” for the emergency drought regulations upon release of a graph exposing the dewatering of the Shasta River:
“Here’s what wanton disregard for the emergency drought regulations looks like on the Shasta River,” the group stated on twitter. “Over 2/3 of the instream flow requirement (and 100 cfs of unregulated overlying pumped groundwater) is now washing over fields full of grazing cattle, getting heated, and full of 💩."
In an update on twitter on August 24, Friends of the Shasta River said, “Good news is that @USGS is out validating the Montague gage and it looks perfect. Bad news is that the river is seeing new lows while irrigators now have the luxury of 20 days to request a hearing about there curtailment and NOV. This is not effective enforcement @CaWaterBoards.”
Also on August 24, the State Water Resources Control Board issued the following statement regarding an enforcement action regarding illegal diversions by the Shasta Water Users Association:
As California heads into a fourth year of drought, the State Water Resources Control Board has continued to protect water supplies and the environment by imposing curtailments in multiple Northern California watersheds: Russian River, Scott and Shasta Rivers, Mill and Deer Creeks and the Delta.
On August 17, the Shasta River Water Association, which is subject to curtailments, informed the State Water Board that it would begin diverting water from the Shasta River the same day. Before the association’s unlawful diversions began that day, the flow rate at the Yreka USGS gauge was 46.8 cubic feet per second (cfs). Since then, the river’s flow rate has dropped significantly, falling to as low as 11.7 cubic feet per second during the early morning of August 24. A minimum flow rate of 50 cfs is required per the board’s emergency regulation to help juvenile salmonids survive and to support the migration of mature fall-run Chinook and coho salmon, which is expected to begin in early September.
The board has taken immediate and necessary enforcement action. On August 18, the board’s enforcement team issued a Notice of Violation informing the association that their water diversions are illegal. On August 19, enforcement staff issued a draft Cease and Desist Order.
The association could be subject to penalties of up to $500 per day for violating the curtailment order and up to $10,000 daily for violating the Cease and Desist order if it is adopted by the board.
The association’s contention that its diversions are necessary for fire suppression and livestock watering is invalid. Should a fire occur, Cal Fire has access to the river as needed. Additionally, the curtailment regulation already considered exceptions for minimum human health and safety needs, as well as for some livestock. The association has not applied for any exceptions to the curtailment order, and its diversions are in excess of the amounts set forth for these exceptions.
Our staff is closely monitoring flow conditions and coordinating with our partners at the Department of Fish and Wildlife and NOAA Fisheries.
The State Water Board’s authority to enforce ongoing curtailments in the state’s watersheds is established by emergency regulations adopted by the board.
The emergency regulation for the Scott and Shasta Rivers was readopted on July 29, and curtailments in the Shasta River watershed are currently in effect due to severe drought conditions that imperil sensitive fisheries.
Background:
The State Water Board’s authority to enforce ongoing curtailments in the state’s watersheds is established by emergency regulations adopted by the board. The emergency regulation for the Scott and Shasta Rivers was readopted on July 29, and curtailments in the Shasta River watershed are currently in effect due to severe drought conditions that imperil sensitive fisheries.
More Information: California State Water Resources Control Board .