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Oregon
law could nix proposed water agreement
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By Ty Beaver
H&N Staff Writer
March
6, 2008
An
State lawmakers from
Proponents of the water settlement said Wednesday they hadn’t yet
heard about the law, but said it needs further review and shouldn’t
take away from settlement efforts.
“I think we’re going to have to take a fair look at it,” said Jeff
Mitchell, Klamath Tribes council member, adding he wonders why state
lawmakers are bringing the issue up now instead of earlier in the
settlement process.
“They’ve
known all along these meetings were going on,” he said.
Stakeholders released the proposed agreement Jan. 15. It allocates water
in the
State Rep. Bill Garrard,
The potential violation concerns Oregon Revised Statute 539.310. The law
says state agencies can negotiate with sovereign nations, such as
tribes, but must do so in public meetings and allow public comment.
The settlement talks were closed to the general public and did not
permit public comment
Garrard said Phillip Ward, director of the Oregon Water Resources
Department, was at the meeting as well as a representative of Gov. Ted
Kulongoski’s office. They said they would look into the matter.
“Their response was basically ‘oops,’ ” Garrard said.
The department has not signed the agreemen,t but if it does an
individual or organization could sue it for violating state law, a
battle the plaintiff would likely win, Garrard said.
State Sen. Doug Whitsett,
Ruben Ochoa, Oregon Water Resources Department spokesman, said the
department wants more information to better understand how it may have
violated state law, specifically the definition of what a negotiation
is, before responding to the concerns.
“When we have more information we’ll be happy to discuss it,” he
said.
Anna Richter-Taylor, spokeswoman for Kulongoski, also said she would
need to look into the issue before commenting.
Oregon Department of Justice staff confirmed that Whitsett contacted the
department and natural resources attorneys are scheduled to meet with
him.
Luther Horsley, president of the Klamath Water Users Association, said
he was not clear on the public meeting requirements, but said he it
would be disappointing if the state was not allowed to participate.
“The talks needed to be confidential to get a product out,” he said.
Edward Bartell, president of the Klamath Off-Project Water Users said he
was not familiar with the situation enough to comment.
He did say that he and other irrigators have been concerned about the
Oregon Water Resources Department’s approval of the agreement because
it has a role in the water adjudication process.
Garrard said his concerns were not meant to destroy the agreement and he
is not planning any legal challenges, but thinks that stakeholders need
to address the issue before moving forward.
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Source: http://www.heraldandnews.com/articles/2008/03/06/featured_story/