SACRAMENTO (AP) — An administrative law judge has recommended that
Klamath farmers’ request for continued cut-rate electricity to
pump irrigation water be turned down by the California Public
Utility Commission.
In findings posted late Monday on the California Public Utility
Commission Web site, Administrative Law Judge Michael J. Galvin
found that the Klamath Water Users Association could not document
any benefit to PacifiCorp, the owner of four hydroelectric dams on
the Klamath River, from water that first runs through the
180,000-acre federal irrigation project straddling the
Oregon-California border.
A final decision from the commission is not likely for at least a month.
If it goes through, farmers would go from paying 0.6 cents per
kilowatt hour, as they have since 1917, to the regular irrigation
rate of 7.9 cents, a 12-fold increase. Earlier this year, the
commission agreed to give the farmers a four-year transition period
to the higher rates.
Conservationists, commercial fishermen and Indian tribes hope that
paying more to pump water will force farmers and the U.S. Bureau of
Reclamation to use less water for irrigation, leaving more for
Klamath River salmon and waterfowl on nearby national wildlife
refuges.
About 750 farms are on the Oregon side of the project, where the
Oregon Public Utility Commission has already started phasing in
higher rates, and about 220 are on the California side.
Farmers argued that water will now be recirculated around the
project multiple times rather than being pumped uphill to the
refuges and
the river.
‘‘Lands will continue to be farmed,’’ said Scott Seus, a
Tulelake, Calif., farmer. ‘‘Ultimately it will hurt
PacifiCorp’s hydroproject because they won’t be able to access
water they’ve had for 90 years of history.
‘‘We’re just very outraged that there is an assumption out
there that the utilities ought to get something for nothing. They
pay for coal, they pay for natural gas. We provided them
water.’’
PacifiCorp spokesman Dave Kvamme said from Portland that the
recommendation would restore fairness to rate payers in the region,
because any continued subsidy of Klamath irrigators would have to
come from increased rates for other customers.
Cecil Lesley, chief of water and lands for the U.S. Bureau of
Reclamation in Klamath Falls, said higher rates would likely mean
less water pumped around the Klamath Reclamation
Project, but it was hard to say whether less water would be used.
Farmers could change what crops are planted, and would decide how
much water to use based on whether they were making money.
Authorized in 1905, the Klamath Reclamation Project built a network
of canals to drain Tule Lake in California and Lower Klamath Lake in
Oregon and now irrigates 180,000 acres of farmland that produce
grain, alfalfa, onions, potatoes, horseradish and cattle.
On most projects around the West, the Bureau of Reclamation built
dams to provide low-cost power for irrigators. But in Klamath, they
ceded that responsibility to a utility which has since been taken
over by PacifiCorp.
The judge found that while farmers had senior water rights to
PacifiCorp, they could not document any increased benefit to the
utility from running the water through
the irrigation project, or document that they provided more water to
the river.
He added that the farmers did not pay upstream water users with
senior water rights, such as the Klamath Tribes, for water that went
through the irrigation project, yet were asking to be paid for doing
the same thing.
‘‘I think the PUC simply recognized the unfairness of continuing
a subsidy that has not been updated for more than 90 years,’’
said Glen Spain of the Pacific Coast Federation of Fishermen’s
Associations, which represents California salmon fishermen and
argued against the farmers in the proceedings.
‘‘There is a lot of marginal land in upland areas that is very
unproductive that is irrigated simply because the power and water
are cheap,’’ Spain said. ‘‘Ultimately removing those
conservation disincentives will make the project and farming
community more efficient.’’