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WATER WARS IN THE KLAMATH BASIN

Water Wars in the Klamath Basin


Jennifer M. Domareki
Stockton University
2014

WATER WARS IN THE KLAMATH BASIN

TABLE OF CONTENTS

Abstract..4
Introduction5
Geography/ Location.5
Major Bodies of Water..5
Refuges..6
Endangered Species Act8
PacifiCorps Hydroelectric Project...9
Figure 1...10
Figure 2...11
History of the Basin11
Reclamation Project11
Acts of the Klamath Basin..12
Klamath Project..13
Conflict of the Basin...14
Water Rights...14
2001 Drought..15
2002 Federal revisions & fish die off.15
Reports & Criticism16
Stakeholders....17
Environmental.17

WATER WARS IN THE KLAMATH BASIN


Native American....20
Agriculture.20
Commercial Fishermen..22
Restoring the Klamath Basin.22
Policy.22
Restoration Projects...23
Environmental Regrowth...23
Conclusion.23
Bibliography..25

WATER WARS IN THE KLAMATH BASIN

Abstract
This paper will discuss the water wars, which exist in the Klamath Basin by evaluating
the factors that led to its degradation, the current quality of the ecosystem in the Basin,
involvement and conflict among stakeholders over water use rights, and what actions are in place
to mitigate the water issues.

WATER WARS IN THE KLAMATH BASIN

Introduction

Geography
The Klamath Basin region is located in the southern Oregon and northern California in
the United States. This 12,000 square mile area is distributed thirty-five percent in Oregon, in
Klamath County and parts of Lake and Jackson County and sixty-five percent in California in
Del Norte, Humboldt, Modoc, Siskiyou and Trinity counties. The Klamath region is classified as
high desert climate with hot, dry summers and wet winters. Annual average precipitation ranges
from 15 inches in the valley to 70 inches in the Cascade Mountains with sixty to seventy percent
of precipitation during fall and winter months, October to March. Spring and summer, April to
September receives and average of four inches (USGS 2013).

Major Bodies Of Water


The Klamath Basin houses two drainage systems. On the eastern side is the sixty-mile
Lost River that begins in Clear Lake, loops northward and drains into Tule Lake. On the western
side is the larger, 250-mile Klamath River, which begins in Upper Klamath Lake, Oregon and
flows through the Cascade Mountains to drain into the Pacific Ocean. This river drains 13,000
square miles. The overflow from the Klamath River formed the marshy wetlands and Lower
Klamath Lake. The tributaries of the Klamath are the Butte Creek, Shasta, Scott, Salmon and
Trinity rivers (EPA 2013). Due to the damming of the Klamath River, a series of artificial lakes
and reservoirs now exist in the Klamath watershed. The basin also houses seven other water

WATER WARS IN THE KLAMATH BASIN

features including the Upper Klamath Lake, Link River, Agency Lake, Lost River, Clear Lake
Reservoir, Tule Lake and Lower Klamath Lake (EPA 2013).

Refuges
Since the designation of the nations first waterfowl refuge in the Lower Klamath, six
other national wildlife refuges have been assigned in the Klamath Basin;
i.

Klamath Marsh National Wildlife Refuge was established in 1958 and is located
in central Oregon. The open water wetlands and marsh provide habitat, nesting
and feeding area for migrating waterfowl and the Sandhill crane. The refuge is
also known to be one of the last habitats of the spotted frog, which is about to be
placed on the Endangered Species List (FWS 2014).

ii.

Upper Klamath National Wildlife Refuge was established in 1928 and consists
15,000 acres of freshwater marsh and open water. There are also an additional
thirty acres of forested uplands adjacent to the water. The refuge provides habitat
for nesting and brood-rearing areas for waterfowl and colonial birds such as the
American white pelican, Bald eagle, osprey and species of heron (FWS 2014).

iii.

Bear Valley National Wildlife Refuge was established in 1978 and is located in
the southwest of Klamath County, which falls on the border of Oregon and
California. The refuge is comprised of old growth ponderosa pine, incense cedar
and white Douglas fir. The refuge is a good habitat area for eagles. (FWS 2014).

iv.

Lower Klamath National Wildlife Refuge was established in 1908. The 50,092
acre refuge is one of the most biologically productive refuges within the Pacific
Flyway, (FWS 2014) and was the nations first waterfowl refuge. The refuge is

WATER WARS IN THE KLAMATH BASIN

located on the northeast border of California and the southern border of Oregon.
The ecosystem of the refuge is a variety of marshes, open water, and grassy
uplands. The croplands in the refuge are significant to migrating waterfowl and
birds as they provide feeding, nesting and brood-rearing habitat (FWS 2014).
Annually, the Lower Klamath Refuge produces 30,000 to 60,000 waterfowl.
During peak migration, the refuge provides habitat for 1.8 million birds,
approximately forty-five percent of wintering birds in California (FWS 2014).
Due to the U.S. Bureau of Reclamations Klamath Project, prevalent water
shortages leave the refuge vulnerable to degradation.
v.

Tule Lake National Wildlife Refuge was established in 1928. Under the Kuchel
Act of 1964, the 39,116-acre refuge is divided between 13,000 acres of open
water and 17,000 acres of commercial cropland. This refuge is home to the Lost
River suckers, shortnose suckers and Bald eagle; all have been on the Endangered
Species List since 1988. The refuge crop production consists of small grains,
potatoes, onions, sugar beets, and alfalfa. The white-fronted, Ross and Canadian
geese along with other migrating birds use this refuge as an important stop to
nest during spring and fall migrations (FWS 2014).

vi.

Clear Lake National Wildlife Refuge was established in 1911 and is located on
the northeastern side of California. Nearly 26,000 acres of upland bunchgrass,
sagebrush and juniper habitat surrounds 20,000 acres of open water in the refuge.
As a protective measure and way to minimize disturbances throughout the
vulnerable habitat, the refuge does not allow public access. Hunting for waterfowl
and pronghorn antelope is permitted, but limited (FWS 2014).

WATER WARS IN THE KLAMATH BASIN

Endangered Species Act


The Endangered Species Act (ESA) has played a great role in the Klamath Basin. Passed
in 1973, the act protects plants and animals, which are in danger of extinction. It is the
responsibility of the U.S. Fish and Wildlife Service (FWS) and the Commerce Departments
National Marine Fisheries Service (NMFS) to maintain the ecosystem of the endangered species
and to enforce policies, which keep endangered and threatened species out of harm. According to
FWS, a species that is listed as endangered is near extinction throughout all or a significant
portion of its range. A species that is listed as threatened, is likely to become endangered in
within the foreseeable future (FWS 2014).
The Klamath is home to three fish under threat. The Lost River sucker, the short nose
sucker, and the Coho salmon are all dwindling in numbers and have been severely affected by
the decline in river and lake quality. Prior to the enactment of the ESA, the rivers and lakes of
the Klamath were in trouble. In the upper basin, lakes are naturally rich in phosphorus, which
promotes algae growth to support the food chain. However, homesteaders, logging, livestock and
irrigated agriculture added to the phosphorus levels and began polluting the waters.
Eutrophication from farming run off heightened nutrient levels and choked the dissolved oxygen
levels, cutting off the oxygen supply for fish.
In 1988, the Lost River suckerfish and the shortnose were put on the Endangered Species
List and in 1997 the Coho Salmon were classified as threatened, under the ESA. To manage
the fish during the drought of 1992, the US Fish & Wildlife Service mandated the Upper
Klamath Lake should reach no lower than 4,139 feet during the summer months. While
maintaining this claim, the lake was allowed to drop to 4,137 feet only four times in the ten

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years. Promising to keep the lakes water at such a level meant an unprecedented change in water
priorities. That year, water that had always been diverted towards irrigation was used to maintain
water levels for fish, which meant water was cut off to farmers during growing season. Tension
among farmers and environmentalists began to escalate as crop production suffered due to loss of
water (Anonymous 2013).
In the Lower Klamath Refuge, twenty-five species are listed as threatened or of concern in
the states of California and Oregon. This is due to water diversions that cut the water supply
from reaching the refuge. This loss of water means loss of habitat, nesting and feeding areas for
these species. Other endangered or threatened species include the Bald Eagle, spotted frog, Coho
salmon (FWS 2014).

PacifiCorps Hydroelectric Project


The Klamath Project was engineered to divert the water and energy of the Klamath River
in order to make water available for irrigation, rural development and hydroelectric power. The
project is owned and managed by the Bureau of Reclamation with a majority of the dams
operated by PacifiCorp.
Under the operation of PacifiCorp, there are eight dams that impound the Klamath River,
seven hydroelectric dams and one non-generating dam. Fall Creek Dam is the only hydroelectric
dam not located on the Klamath River, but is on one of the Klamath Rivers tributaries. All other
hydroelectric dams use the forceful flow of the Klamath River to generate nearly 716 gigawatthours of emission free electricity, which is enough to fully power 70,000 homes and reach 1.7
million customers. Those in favor of the dams argue that, hydroelectricity is one of the lowest
cost producers of electricity in the United States and is emission-free (PacifiCorp 2013).

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According to PacifiCorp reports, J.C. Boyle, Copco No. 1, Copco No. 2 and Iron Gate all
retard the time it takes for water to travel from Upper Klamath Lake to the estuary in the Pacific
Ocean. Water can take an addition 2 weeks to 2 months longer to flow its natural route.
Figure 1

DAM

LOCATION

OUTPUT

(river mile)

(mega-watt hours)

J.C. Boyle

225

98

COPCO 1

203

20

COPCO 2

198.6

27

Iron Gate

190

18

Fall Creek

196

2.2

Eastside

253

3.2

Westside

253

0.6

Keno

233

(PacifiCorp 2013)

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WATER WARS IN THE KLAMATH BASIN

Figure 2

RESERVOIR

LOCATION

SIZE (Acre-foot)

Clear Lake

California

527,000

Gerber

Oregon

94,3000

J. C. Boyle

Oregon

39,768

Iron Gate

California

58,794

Keno

Oregon

Link River

Oregon

873,000

(PacifiCorp 2013)
History Of The Basin
Reclamation project
The Reclamation Project of 1905 changed the landscape of the Klamath Basin forever.
The project promised land for homesteading and agriculture to newly returning war veterans. It
is known for being the largest irrigation project in the history of the United States and was
engineered by dewatering the wetlands of Tule Lake and Lower Klamath Lake. By removing
the water drained to these areas, the lakebeds were then used for farming. The water that
naturally flowed to these areas was dammed for irrigation, water diversions, and hydroelectric
power (Foster 2002). At the time, President Roosevelt was trying to improve both conservation
of natural resources and conservation of wildlife. His passion for both led to a national
reservation that lay within the land of the reclamation project. This was done by only using
public lands that were unsuitable for agricultural purposes (Foster 2002). By doing so, he
created a preserved area for migratory waterfowl and native birds, while keeping his promise of

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land for agriculture. In 1908, Lower Klamath National Refuge was named the nations first
waterfowl refuge, intended to be a preserve for breeding birds (Foster 2002). However
preservation of this land was counter balanced when the 1912 completion of Lost River
damming cut off Tule Lakes water source and the lake began to dry out. Furthering the
destruction of the Klamath, in 1915 President Woodrow Wilson converted over seven thousand
acres of marshland into land for more homesteaders (Foster 2002). Following this, in 1917, the
federal government and the Klamath Drainage District completely shut off water to the Lower
Klamath Lake. This continued as the Klamath Project erected dams along the Klamath River,
which created reservoirs, flooded habitat and dried watersheds.

Acts of the Klamath Basin


The Klamath Basin has a 100-year history of land management and water diversions as
settlers moved in and changed the face of the Klamath. It has been a century of federal policies
that change, degrade and mitigate the land in order for wildlife conservation and agriculture to
coexist in the complex region of the Klamath. Important Acts that changed the Klamath Basin
begin with the Federal Reclamation Act of 1902, which turned land in the west into arable land
by engineering a system of irrigation and hydroelectric projects. Following this came a series of
acts including Executive Order No. 924, No. 2202, No. 4975, and No. 7341, which designated
acreage for wildlife refuge within the Klamath Basin. This was a beneficial start in conservation
of the basin, however there intentions were counter balanced by acts that promoted further
exploitation. The Warren Act of 1911 allowed water outside the reclamation project to be sold to
farmers for irrigation. Also, the Raker Act of 1920 allowed land in the Lower Klamath Refuge to
be used for homesteading. This caused a lot of stress on the land and further degraded the area.

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Although the Kuchel Act of 1964 prohibited homesteading within the refuge, it designated
acreage to be leased for farming as compromise. Farming within the refuge not only diverts
water away from wildlife needs, but also causes nutrient pollution from animal feces and
increase pesticide pollution (Foster 2002). In 1972, the Congress passed the Clean Water Act
(CWA) to regulate water quality and make it illegal to discharge any pollutants into navigable
water. Enforcement of the CWA regulated the runoff and pesticide use on farms (EPA 2013).
Following the Clean Water Act came Endangered Species Act (ESA), another breakthrough in
environmental conservation. The ESA commits to conserve and protect habitat and resources for
plants and wildlife. This was an extremely beneficial turning point for the Klamath Basin as
native fish were able to be listed and protected. By 1988, salmon and suckerfish were listed as
endangered, which meant their habitat, the Klamath River, would start receiving the water it
needed to maintain a healthy ecosystem (FWS 2014).

The Klamath Project


The Klamath Project was engineered in 1906 by the U.S. Bureau of Reclamation to
collect and divert water for irrigation in the Klamath Basin. A series of dams impound the
Klamath River; three dams retain spring snowmelt and four dams divert water for irrigational
use. The water retaining dams and reservoirs include; Clear Lake Dam and Reservoir, Gerber
Dam and Reservoir and the Link River Dam and Upper Klamath Lake. The diversion dams
include the Lost River Diversion Dam, Anderson- Rose Dam, Malone Dam, and Miller Dam.
The completion of the Anderson- Rose (Lower Lost River Dam) increased the irrigational
acreage in California. Other bodies of water involved in the project include Clear Lake
Reservoir, Link River, Lost River, Lower Klamath Lake, Tule Lake and Upper Klamath Lake.

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Through a series of 717 miles long canals, water is transported underground from Klamath Lake,
Klamath River, Clear Lake, Lost River and Tule Lake to the farming irrigation systems. The ACanal was the first irrigational canal to be completed under the project. In the 1990s the canal
was diverting water at a range from 220,000 to 280,000 acre-feet. The diversion output dropped,
but had insignificant change during the drought years in 1992 and 1994 when the A-Canal
diverted 227,000 and 226,000 acre-feet. The drought lowered the diversion rates but was in the
minimum average for the A-Canal. (Rykbost & Todd 2001). The project also created a series of
728 miles of drainage canals. These canals drain the natural wetlands for agriculture. The 28
pumps of the Klamath project have an output of 1937 ft/s (Rykobost & Todd 2001).
Conflict Of The Basin
Water Rights
Water in the Klamath Basin is under strict management. According to Quinn Read from
Oregon Wild, the deliveries in the Klamath are on a, first in time, first in right, basis (Q. Read,
personal communication 2014). The water use rights are determined by which group has been
there the longest and by who uses the water for beneficial use. Senior and junior rights divide the
hierarchy of water use, starting with the tribes of the Klamath who use water to save fish species
and fisheries. Next in line is the Federal Irrigation Project that diverts water through a series of
dams and canals. Following the project is those who live and farm on the leased land of the
refuges. Lastly, the wildlife and refuges are the most junior water use right because they are
deemed not as valuable a use of water. (Q. Read, personal communication, 2014) Between
irrigation needs and meeting refuge standards, agriculture and wildlife require 350,000 acre-feet
of water (Anonymous 2003).

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2001 Drought
In 2001, the Klamath Basin entered a two-year drought that would stir conflict in the
hearts of everyone dependent to the water in the basin. The drought lowered water levels so
severely that there was not enough water to fulfill all the water demands. According to fishery
scientists and under the Endangered Species Act, the water was needed to maintain the balance
of the sucker and salmon habitat. This made fish the first priority of fulfilling the water demand
and water was cut off for irrigation. Naturally this would cause a problem as all parties were
entitled to their promised amount and demands were not being met. This resulted in serious
backlash as farmers and ranchers watched their water for irrigation spill into the rivers of the
Klamath. The drought wiped out nearly half of the crops that growing season and cost the
farming community a loss of over $200 million. During the crisis, the community fought back
with protests and began a program called the Bucket Brigade (DOCUMENTARY). Community
members and even local officials would illegally bucket water from the Klamath River into the
irrigation canals. As the drought continued, tensions grew deeper. The sides of the water war
became farmer versus fish, farmer versus tribe, and farmer versus fisherman. Everyone was
fighting against each other over their rights to water, which was simply nonexistent.

2002 Federal Revisions & Fish Die Off


In 2002 the Bush administration had made serious revisions for the requirements for the
fish of the Klamath. The revisions allowed for the needs of the farmers to be fulfilled over the
water demands of the fish. This had drastic repercussions for the fish population and river
ecosystem. By September of that year the river quality was so degraded the salmon were unable
to make their annual run upstream. The low flow of the river made the trip nearly impossible and

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fish began to wash up on the shores of the Klamath River before ever reaching their spawning
grounds. An estimated 30,000 fish died at the mouth of the Klamath River due to a disease that
was caused from low river flow. Poor passage through the dams and high fish densities also
factored into fish mortality that year (Levy 2003). This became one of the greatest fish die offs to
occur in the United States.

Reports & Criticism


Environmentalist stakeholders act as a voice for the fish and wildlife in the Klamath
Basin that are affected by the Klamath Project, dams and water quality. Their biggest issue is
proving to committees and the federal government, such as the National Resource Council
(NRC), how much water is needed for the fish populations to survive. In theory, more water
would be beneficial because it would increase habitat and spawning grounds, keep water flowing
to avoid fish being trapped during low flow times, and improve water quality by increasing
oxygen levels and decreasing algal blooms. However, nature is not always consistent and it is
difficult to make a clear delineation that low flow water years have a direct impact on fish die
offs and poor water quality. In a report done by the NRC, water levels of the Klamath River were
compared to concentration levels of chlorophyll a. Chlorophyll a produces algal blooms, which
choke the dissolved oxygen levels and degrade water quality (Levy 2003). The NRC graph
showed some years had no correlation between water level and water quality. It can be argued
that simply because the data does not conclude that water level effects water quality, does not
mean that water level is and insignificant factor.
After the NRC ruled that there was, no clear scientific support for increasing minimum
flows in the Klamath River, environmentalists, scientists and professors spoke out with

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frustration. This quote was stated in an interim report, which, Peter Moyle of the University of
California pointed out, is written to help federal agencies make decisions (Levy 2003). The
purpose of the report was to put an end to the question of water quality; it did not have the best
interest of the fish in mind. Another critic of the NRC report, Douglas Markle of Oregon State
University, claims that the NRC report oversimplified the relationship between lake levels,
water quality and the health of sucker populations (Levy 2003). He also comments that
relationships are not simple and not linear and disagreements between scientists and differing
interpretations of data are normal, especially in a complex system as little understood as the
Klamath Basin (Levy 2003). With conflicting ideas and data analysis, it makes it difficult to
regulate the water levels in the Klamath Basin. There is a general understanding that the fish
need water, but the amount in question poses serious debate. Meanwhile, as the debates continue
on for years, mass fish die offs and the salmon and sucker populations decline. In 1995, 1996,
and 1997 there were mass fish die offs due to low dissolved oxygen levels in the water. Markle
also notes that dissolved oxygen can be effected by weather when the wind and breezes
circulate and oxygenate the water. However, remark on this fact, weather management is not
an option, whereas water management is (Levy 2003).
Stakeholders
Environmental Stakeholder
Before human intervention, the Klamath Basin was in perfect balance. The hydrologic
cycle maintained healthy rivers and lakes, salmon thrived, and birds would flock to the abundant
area. Wildlife and waterfowl have suffered greatly from the federal irrigation project. The
refuges are last in line for water deliveries and often do not receive enough water to maintain a
healthy habitat (Q. Read, personal communication 2014). Billions of birds migrate along the

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Pacific Flyway, traveling north and south from Alaska to Patagonia during the spring and fall.
According to Oregon Wild and the California Waterfowl Association, non-profit, activist groups
in, eighty percent of the flyways migrating waterfowl pass through the Klamath basin, with at
least forty percent of these birds traveling through the Lower Klamath and Tule Lake refuges
during spring and fall migrations (FWS 2014). Among these birds, is the endangered Bald eagle.
At one time, six million birds would annually rest and brood in these refuges. Now, due to
habitat loss, food and water shortages, and disease, only one million birds inhabit the refuges and
have to crowd into refuges to compete for resources. The refuge no longer has enough water to
support the large population size of birds that it once welcomed. During drought years the lakes
were nothing but barren desert and dust. This caused a loss of the vegetation and food the birds
relied on. Also, avian botulism had a sever impact on the birds of the Lower Klamath. Botulism
is a natural occurrence among waterfowl, but crowding and high capacity use of limited
resources spreads the disease at a higher rate. The outbreak is difficult to contain despite refuge
employee and volunteer efforts. Hundreds of bird corpses are being removed, but the disease
continues to spread (California Waterfowl Association 2014).
The Klamath River used to support one of the largest salmon runs in America. Today,
salmon are listed on the Endangered Species List due to their drastic drop in population sizes.
Salmon endangerment has been caused by water diversions, thermal pollution of river water,
change and loss of habitat due to removal of riparian vegetation and sedimentation. The Klamath
Basin used to provide a complex ecosystem that allowed salmon to spawn within the vegetation
of the riverbanks. Since the completion of the Klamath Project and its dams, water quality and
vegetation have been severely depleted (Fedor). The dams make it impossible for the salmon to
swim upstream. The relentless fish become exhausted, accumulate sores and gashes as they beat

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themselves against dam walls trying to complete their migration. Often times the fish will beat
itself to death, either against the dam walls or rock exposed from low river flow, before ever
reaching its spawning ground. If the salmon do make it up stream, they become trapped in the
impoundments of the dam. Water temperature also greatly affects the salmon who are adapted to
cool, swift moving waters because cool water dissolves more oxygen and can hold more
nutrients. The dams halt the flow of water, which creates warm water pools and sedimentation.
Elevation in water temperature changes the composition of the water and aquatic vegetation
because there is less carbon dioxide available in warm water, which stunts photosynthesis.
Finally, diseases played a key role in the mass fish die off in 2002. According to the California
Department of Fish and Game, low flow levels, and increased temperature stressed the rapid
growth of a pathogen that was always present in the river. These conditions were optimal for the
pathogen to thrive and infect the salmon populations (Fedor).
The dams along the river interrupt the balance and natural flow of the river and runoff
patterns, which leads to sedimentation. Logging, mining and agricultural runoff travels into the
Klamath River (Fedor). The disturbance in the land washes large loads up soil and sediment into
the streams. Decrease flow speed cannot carry such great quantities of sediment downstream and
the deposits become lodged in the streams and rivers. Agriculture also impact sedimentation
caused by riparian vegetation removal. Farmers will unearth shrubs and trees from the riverbanks
in order to make room for their crops. The roots and leaves of the aquatic plants would catch and
filter the sediments as they flowed downstream. As these plants are ripped out, there is a
disturbance in the soil, which adds to the sedimentation, and less vegetation to prevent further
erosion (Fedor).

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Native American Stakeholder


The word Klamath derives from the Native American word Klamat which means
swiftness. Used to describe the motion of the powerful river, the Klamath River has been an
essential part of Native American culture for centuries. The tribes of the region include the
Klamath, Hoopa, Karuk, Quartz, Resighini, and Yurok. Their people have been hunting, fishing
and living the land of the Klamath for thousands of years until 1826 when the first white settlers
moved in and began to change the landscape of the Klamath forever. The Native Americans rely
on the run of the salmon both for spiritual and economic reasons. Due to environmental
degradation and the decline in the salmon run, there was a temporary ban put on Indian fishing
spots in 1978 by the State of California. What became known as the Salmon War did not cease
until the 2010 agreement to remove the four dams along the river that interfered with the salmon
run.

Agricultural Stakeholder
Farming and homesteading in the Klamath Basin began in 1902 when the Reclamation
Act drained the natural wetlands and lakes in order for homesteaders to move in on the land. In
1909, L. Alva Lewis, a warden and biological survey representative of the refuges, disagreed
with the Reclamation Project. He predicted that draining the basin would be bad for the
environment because, the lake would become so strongly alkaline that fish would die, birds
would stop breeding there, and the preserve would be ruined (Foster 2002). The Department of
Agriculture supported Lewiss prediction when their soil experts reported similar findings. Their
reports for the government concluded that the land of the Lower Klamath lacked essential
elements of fertility and was unfit for crop production (Foster 2002). Farming continued on

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the Klamath Basin, despite being a natural desert area and soil quality analysis. By 1920, cattle,
ranching and farming was already at conflict with the water management for the basin. The
draining of Lower Klamath Lake paid a toll on the land and local farmers. One farmer
complained that, the lake water did not sub irrigate his land anymore and the land had turned
barren and a desert waste (Foster 2002). Increased water use rights and irrigational practices
had to be mandated in order to meet the needs of the farmers. Farmers protested that under the
Reclamation Act, water use rights appurtenant to land irrigation must be met by the Bureau of
Reclamation.
Today, the Klamath Project is responsible for irrigating 210,000 acres of farmland and
consumes 2% of the basins water resources. As previously mentioned, the Kuchel Act of 1964
appropriated 21,000 acres of refuge land to be leased for sharecrop farming on Tule Lake
National Wildlife Refuge and Lower Klamath National Wildlife Refuge (NWR). Livestock
grazing, hunting guides and logging also occur throughout the Clear Lake, Klamath Marsh and
Bear Valley NWRs. These commercial activities all take a toll on the fragile environment of the
Klamath Basin. Current crop production includes alfalfa, hay, oats, sugar beets, potatoes, barley
and wheat. As per the Kuchel Act, no more than 25 percent of the crops may be planted row
crops (Bureau of Reclamation 1964).

Commercial Fishermen
As the fish populations stated to die off in the lower parts of Klamath River, there were
shortages of fish that made it upstream and to the ocean. Chinook salmon, a very commercially
valuable fish, made up ninety-six percent of the fish that died in the 2001 drought year (Fedor).
This was no small hit for fishermen. The economy of coastal towns in California and Oregon

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heavily rely on the fish industry (Earthfirst 2014). In the dourght year of 2001, Earthfirst filed a
lawsuit to the Bureau of Reclamation demanding the necessary water delivery for fish (Earthfirst
2014).
Restoring The Klamath Basin
Policy
In 2004, the EPA signed the Klamath River Watershed Coordination Agreement making the
first step towards a basin-wide restoration effort. The agreement organizes state and federal
entities so the several environmental issues of the Klamath Basin can be evaluated. The
agreement also allowed collaboration and funding for participation of the tribes to aid in the
effort (EPA 2013).
In February of 2010, California and Oregon governors, Arnold Schwarzenegger and Ted
Kulongoski, joined with Secretary of Interior Ken Salazar, along with forty other stake holders,
including, farmers, tribe members, fishermen and local officials, to sign a peace agreement
regarding water issues in the Klamath Basin. This epic and historical agreement was a peace
compromise. The agreement took five years of public and private meetings to finalize the details
in a way that equally represented all parties and created sustainable water use. The conclusion of
the agreement formed two programs; the Klamath Hydroelectric Settlement Agreement (KHSA)
and the Klamath Basin Restoration Agreements (KBRA). The duty of the KHSA is to oversee
the removal of four dams on the Klamath River. The KBRA is responsible to cap water
diversions at sustainable levels, solve water disputes, implement fish recovery and make
provisions for farming during drought years.

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Restoration Project
According to Secretary of Interior Ken Salazar, the Klamath River restoration project is
estimated to take ten years under a $290 million budget, making it the largest river restoration
project in the history of the United States. The removal of the dams will lose 1,400 jobs, however
the restoration effort will provide over 4,600 job opportunities over the next fifteen years. The
agreement will provide a more reliable water supply for farming which will add an additional 70
to 695 annual jobs in the agricultural industry. Also, tribal and commercial fishermen in the
Oregon and Californias coastal counties would see nearly 400 jobs created by the improved
fishing conditions.

Environmental Regrowth
The undamming the Klamath River means an end to the suffering of salmon, wildlife and
refuges. It is projected that the Chinook salmon would increase by eighty percent and reclaim
nearly sixty-eight miles of habitat (Learn 2011).
The EPA has been working to improve water quality in the Lost River and Klamath
River. Water quality is being monitored and regulated for nutrients, pH, dissolved oxygen,
toxicity and temperature in the Total Maximum Daily Load (TMDLs) (EPA 2013).

Conclusion
The Klamath Basin is a historical region for many reasons. The once healthy and balanced
ecosystem experienced tremendous environmental and political stress. After a century of
controversial

federal interaction the Klamath Basin was drained of it its natural resources for

WATER WARS IN THE KLAMATH BASIN

24

an irrigational system, which had an extremely damaging domino effect on the wildlife. The
refuges that lay within the Klamath Basin are detrimental to the waterfowl that migrate along the
Pacific Flyway. The loss of habitat due to the water diversions discouraged the birds from
returning to the refuges, which lead to an imbalance in other areas where birds needed to
overcrowd and compete for resources. Similarly, the water diversions in the Klamath Basin
degraded the ecosystem of the Klamath River, causing mass salmon die offs. This angered
commercial fishermen, who rely on salmon for profit, tribe members, who hold the salmon as
sacred in their culture, and environmentalists who hated exploitation of natural resources.
Farmers in the basin felt entitled to their water use rights and grew hostile when their water
needs were not met at the expense of their crops. Conflict over water use rights continued in the
basin until a historical agreement changed the future of the basin for the better. In 2010, the
Klamath Hydroelectric Settlement Agreement and the Klamath Basin Restoration Agreement set
forth in the removal of four dams that would allow water to return to the Klamath River. The
restoration is still in the beginning phase, but will be the largest restoration project in the history
of the United States. If this historical dam removal project is successful in reviving the
ecosystem, it can set the precedent for dam removal in rivers all across America (PacifiCorp
2013).

WATER WARS IN THE KLAMATH BASIN

25

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