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