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New water group
offers update on talks
By
BECKY HYDE
Guest Writer
May 3, 2009
 
The Upper Klamath Water Users
Association appreciates the opportunity to
update and explain again the solutions we are
working on focused around a water settlement,
affordable power for irrigation and regulatory
assurances for ranchers and farmers in the
off-Project area (outside of the Klamath
Reclamation Project).
On the water supply front, we continue to
work and negotiate with the Klamath Tribes to
carve out water security for our irrigation
community. We are in the drafting phase.
The off-Project has also been in protracted and
expensive litigation over water with our
neighbors in the farming community within the
Klamath Reclamation Project. We are having
productive conversations with the Klamath
Project irrigators with the intent of putting in
place solutions that make it unnecessary for the
litigation that has divided our agricultural
community for far too long.
We are working within the settlement and the
Klamath Basin Restoration Agreement to secure
affordable power for irrigators in the off
project area. We’ve engaged the newly formed
Klamath Water and Power Authority board in an
effort to design ways for off-pProject
irrigators to participate with it through a
contractual agreement. Effort will need to be
applied to create an agreement, and time will be
needed to shepherd the restoration agreement,
which includes the power program for both on-
and off-Project irrigators through Congress.
We’re in conversations with regulatory
agencies to work through the regulatory
compliance issues that face us. Other
agricultural communities have crafted successful
strategies for dealing with compliance issues,
and we believe similar programs can be shaped
here and tailored to the off-Project area as a
whole.
Formed in 2008
Upper Klamath Water Users formed in November
of 2008, because we did not believe a settlement
alternative was being achieved for the
off-Project area at the settlement table. We did
not have a seat at the settlement table, but
were admitted to the group a couple of weeks
ago.
In contrast, the Klamath Off Project Water
Users Association has had a seat at the
settlement table for several years. It has been
unable to achieve traction, at least at this
time, around settlement results or alternatives
for the off-Project community.
Litigation continues to be the only strategy
that both the Resource Conservancy and the
Klamath Off Project Water Users Association are
using. It is our assessment that litigation
against the Klamath Tribes, and the Klamath
Project irrigators, as well as against Pacific
Power for a power rate that we once had, are
strategies that carry significant risk, cost,
and uncertainty for the off-Project area,
especially with no meaningful effort focused on
settlement alternatives.
We believe that ranchers and farmers in the
off-Project area should and do retain the
ability to think independently about what is
best for their operations given the complex
environment we are living in.
If litigation and the multi-million dollar
price tag needed to pursue that route on several
fronts at once appear to be the wisest approach
for folks to take, individuals certainly retain
that right — which opportunity clearly remains
as an alternative with both Resource Conservancy
and Klamath Off Project Water Users Association.
Building solutions
Our organization is young, yet we are
building solutions for a more stable future. We
believe that farmers and ranchers represent
themselves, and their own private property
rights and decisions.
We respect the fact that landowners are
coming at these issues with a variety of
viewpoints, and recognize that many landowners
are thinking about what they need to do to
successfully position themselves for the future.
Our board looks forward to continuing to work on
these tough issues with our members.
By joining the Klamath Settlement Group we
are able to provide information and transparency
to our members with respect to these
confidential agreements. This is important
because we believe that when the restoration
agreement was released, only a handful of
landowners in the off-Project area had seen the
actual settlement agreement. This was in
contrast to well over a hundred project
irrigators, associated with district boards and
covered by confidentiality agreements, having
reviewed the document over time and providing
guidance to their negotiators along the way.
We appreciate the ranchers and farmers who
have joined our board and young organization. We
plan to continue to build solutions so that
private landowners can have choices about how to
deal with their future. Our primary purpose is
and will remain to make agricultural production
a viable opportunity in the Upper Basin.
Becky Hyde is a long-time Klamath Basin
rancher who has been active in water matters.
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