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A time to choose

 

If settlement fails, more struggle will follow

By JEFF MITCHELL, WILL HATCHER, BUD ULLMAN and LARRY DUNSMOOR
Klamath Falls Herald and News
Guest Opinion
June 2, 2009 
(This is the second of two parts on the Klamath Tribes’ assessment of Klamath Basin water issues. Part 1 was in Sunday’s newspaper.)

In regard to the dam removal issue, it is true that removing the lower four Klamath River dams will increase costs to ratepayers by about $1.50 month.  Legislation capping ratepayer costs at this amount, Senate Bill 76, is making its way through the legislature.

What ratepayers — that is, all of us — should understand is that if settlement efforts fail, and the dams proceed through relicensing, costs that will face ratepayers will be substantially higher, and will have no cap. PacifiCorp sees settlement as the best option for ratepayers, which is why it supports the legislation and is working hard on settlement.

Efforts to relicense the dams have been ongoing since 2000. In 2006, a judge upheld a series of mandatory measures PacifiCorp will have to implement if the dams are relicensed. It will have to build and operate upstream and downstream fishways. It will have to allow significantly more flow to go down the Klamath River below JC Boyle Dam, and severely curtail its peaking operation at JC Boyle, both of which decrease generation of electricity. 

Next in the relicensing process, should settlement fail, comes battles over a required permit under the Clean Water Act. 

Reservoirs behind the dams create conditions that support blooms of toxic algae that pose health risks for humans and the ecosystem, and they also store heat that warms the Klamath River downstream to damaging levels when fall chinook are trying to swim upstream to spawn. They create many other problems as well, but these two alone are major obstacles to meeting Clean Water Act requirements.

So there are two choices. One is to keep the dams in place and pursue relicensing, a course that guarantees many years of expensive litigation and, if successful, expensive structural and operational changes. 

Under this option, all expenses will be covered through rate increases which will be passed on to you the ratepayer. The other choice is to resolve issues through settlement resulting in dam removal, avoid most litigation, and cap costs to rate payers. We think settlement is a better deal for rate-payers. The Citizen’s Utility Board, a Portland-based group that advocates for Oregon ratepayers, agrees and supports Senate Bill 76, which is designed to cap settlement-based costs to ratepayers.

Finally, to state Sen. Doug Whitsett and state Rep.Bill Garrard we say this: Get out of the way. The mindset you represent is deadly to building collaborative solutions to complex problems. 

Stop expending all of your efforts trying to tear down what others have built through years of supremely difficult work. 

We ask both of you, where are your solutions? After you tear down the settlement, what will you replace it with? If you succeed in your efforts to dismantle settlement, then you doom the Basin to the ensuing conflict as all parties turn to litigation as the only available pathway to meeting their needs.

The Klamath Tribes have neither seen nor heard from either of you during these negotiations. You have never shared your thoughts or ideas with us, or attempted to meet with our leadership to help craft solutions.

Citizens of Klamath County and the State of Oregon deserve much better leadership than you are giving them.  You do not have to like the Klamath Tribes, and it is clear that you do not, but it is simply irresponsible to attempt to destroy what we have built with the Klamath Project irrigators and many other parties, especially when you offer no viable alternatives.
 
 

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