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KBRA: Not even enough
common concern for the two sides to meet?
Klamath Falls
Herald and News
Editorial
November 15, 2009
When it comes to the idea of a
settlement that would cure the region’s water, power
and conservation issues, it’s anything but settled.
After spending a couple of years hashing things out,
representatives of groups that had historically been
at odds unveiled the Klamath Basin Restoration
Agreement. That was going on two years ago.
Difficulty was telegraphed right from the start,
with a couple of unhappy stakeholders refusing to
sign on. Still, there was hope that differences
could be ironed out.
Proponents hoped supporters would start lining up
behind them. Some did. Others took a wait-and-see
attitude, with a good deal of skepticism that a dam
removal agreement would ever materialize (removal of
four dams on the Klamath River is a major domino in
the string of issues that must fall into place to
make the KBRA work).
Surprise! A dam removal plan was brought forth, with
agreement among stakeholders, dam owner PacifiCorp
and state and federal officials who would need to
accept liability.
Still, there’s a divide. In fact, that divide seems
to just grow wider and deeper.
What does the line divide? That’s the funny part.
There probably are more commonalities on both sides
of the chasm than differences. There are a lot of
agriculturists and they all depend on water and
could sure use affordable electric power rates.
Differences?
On one side are those who fear losing control of the
water supplies they need for farming and ranching
operations. There could be an assortment of other
issues for some of them, from worry about power
rates to a reluctance to deal with some stakeholder
groups they haven’t gotten along with in the past.
They’re mad that the other side won’t rework the
agreement to suit their needs.
On that other side, there is a group of people
afraid of leaving their fates up to adjudication and
government regulation; they’re more comfortable
making tradeoffs and having a more reliable and
predictable, if not optimal, set of circumstances
under which to carry on operations. They’re peeved
that the other side won’t come to the table with
demands tempered with compromises. (Also, in some
cases, there might be a difference in seniority of
water rights.)
Those last two paragraphs are simplifications, we
realize, but hit close to the pith, we think. And it
sure seems that two entities whose differences could
be summed up as such, could come to the table
together with genuine concern for each other.
Yet, the divide, evidently, is so deep and craggy
that the two groups couldn’t even meet together this
past week.
Local state legislators arranged two sessions of
public hearings Tuesday. They listened to a few
hundred people who were allowed to get up, identify
themselves, and comment on the settlement. Everyone
was invited.
KBRA supporters were skeptical. Those legislators,
after all, had previously denounced the settlement
and shown more willingness to quash the whole thing
than to bring sides together and help make a deal.
And opponents were advertising and organizing a mass
attendance.
Instead of cutting in on what they thought would be
more a rally than a hearing, proponents held their
own meeting — by invitation only — to talk strategy.
That’s the way it’s likely to continue going. But if
we had reasonable representatives of both sides able
come to a common table without a lot of cheering and
hissing from the sidelines, there are some questions
we’d like to ask. They’re listed in the box
accompanying this editorial.
Opponents would like this to go away; proponents
would like it to be settled.
We predict it will be around quite awhile. The
Herald and News will continue looking for answers,
and invites everyone to go to
heraldandnews.com,
find the survey section, and comment on the
questions.
Questions we wish we could ask
If reasonable representatives of the two sides in
the dispute over the Klamath Basin Restoration
Agreement and dam removal could be convened at the
same place, here are some questions we’d ask:
1. If you’re an opponent, what would it take for
you to jump the divide and join the other camp?
2. If you’re a proponent of the KBRA and dam
removal agreement, what could opponents say that
would finally dissuade you?
3. If your main point of reference, whether
you’re a settlement friend or foe, is water rights,
what could be done to get you to compromise with the
other side? Any chance the other side could somehow
find your idea acceptable — do you have any
compromise to offer?
4. If one of your most important items is
electric power, then what would you like the other
side to consider?
5. Do conservation concerns most attract or rile
you? What could be done to bring you to the other
side?
6. Is it Tribal lands and benefits that top your
list of either criticisms or qualities? What do you
need to hear to bring you to the middle?
7. Do you believe that a settlement is needed?
If you believe it is, but this is the wrong one,
what would you propose?
8. If you believe that a settlement is just not
needed, will you personally or will an association
you are connected with be involved in adjudication?
Will adjudication be the best route to settle water
rights, in the final analysis?
9. What other questions need to be answered?
What claims by either side need to be analyzed that
haven’t already been hashed out?
10. Is there a way for the two sides to meet
without animosity and have a comfortable exchange?
11. To all those out there who are unconcerned
with this issue, why is that? What would get you
interested in water, power, conservation and Tribal
issues?
Editor Steve Miller wrote today’s editorial.
The members of the Herald and News editorial
board are Publisher Heidi Wright, Editor Steve
Miller and Opinion Editor Pat Bushey.
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NOTE: In accordance with Title 17 U.S.C. section
107, any copyrighted
material herein is distributed without profit
or payment to those who have
expressed a prior interest in receiving this
information for non-profit
research and educational purposes only. For
more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml
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