Laserfiche WebLink
California Water Today 117 <br /> 2.4 <br /> Indian tribes and the Klamath River <br /> A recent agreement to remove four dams from the Klamath River illustrates the <br /> importance of lawsuits and Indian tribes in reforming western water use.The Klam- <br /> ath River once supported the third largest salmon run in the West.The Klamath <br /> tribes of the upper basin,as well as the Karuk,Yurok,and Hoopa tribes of the lower <br /> basin,relied on salmon and other fish from the Klamath for food,and the salmon <br /> runs formed an integral part of their culture.However,six dams built between <br /> 1908 and 1962 blocked salmon runs and caused salmon populations to plummet. <br /> Despite 19th century treaties guaranteeing them fishing and water rights,the lower <br /> basin tribes had to drastically reduce catches,and the upper basin tribes were <br /> unable to fish at all.The dams stored water under the federal reclamation program <br /> for farmers in south-central Oregon and in Northern California(National Research <br /> Cou nci 1 2004). <br /> When fishermen filed lawsuits against the dam operations under the ESA,the <br /> Klamath Tribes filed a brief as amicus curiae.In 2001,a federal court held that these <br /> dam operations violated the ESA and enjoined the supply of irrigation water to <br /> the farmers(Pacific Coast Federation of Fishermen's Associations v.National Marine <br /> Fisheries Service 2001).Some farmers resisted the court order by illegally opening <br /> headgates,and some men even drove through the Klamath tribes'hometown <br /> shooting shotguns.After the bureau resumed irrigation deliveries in 2002,over <br /> 30,000 salmon and other fish died from infection,likely brought on by overcrowd- <br /> ing in warm,low-flow water(Doremus and Tarlock 2008). <br /> The tribes took advantage of the impending 2006 expiration of several of the dam <br /> licenses to push for their removal.They sent representatives to the dam operators <br /> and owners and held rallies asking each state's governor to support dam removal. <br /> Theyjoined environmental groups in filing a new lawsuit in 2007 against the dam <br /> operators and submitted comments during the FERC relicensing process.FERC con- <br /> cluded that license renewal would require the installation offish ladders and other <br /> modifications to allow fish to freely swim upstream past the dams. <br /> By 2005,more than 20 organizations representing the farmers,tribes,salmon fish- <br /> ermen,government agencies,and environmental groups were seeking a negoti- <br /> ated solution.By 2008,the dam operator was also at the bargaining table,having <br /> determined that the cost of removing the dams was less than the cost of modifying <br /> the dams for fish passage.At a February 18,2010,ceremony,the major interests <br /> signed conditional agreements to study and prepare for the removal of four of <br /> the dams—and Governor Schwarzenegger declared"I can see already the salmon <br /> are screaming,'I'll be back."'The process,however,may take decades before any <br /> concrete is moved. <br />