Statement of Allen Foreman
Chairman of the Klamath Tribes

To the
House Subcommittee on Water and Power
June 16, 2001

Congressmen, members of the committee, I appreciate the opportunity to present the Tribes views on the water problems in the Klamath Basin.

I appear before you here today representing not only a constituent base but also as a leader of a sovereign nation, recognized by the United States,. I am not here merely as another interest group or an interested party. I would like to remind you that the United States has a legal and moral obligation to preserve and protect their trust responsibility to us. The constitution of the United States refers to its treaties as the supreme law of the land. It is in this context that I direct my remarks to you, on a government-to-government basis.

In order to understand this problem appropriately it is important to understand its historical roots.

Today's problems are a cumulative result of nearly a century of extended promises to others for our water.

Recently the Tribes have been the victims of unwarranted and unjustified attacks on both our public image and our character. Unfortunately there have been personal attacks as well. The most grievous of these is the attacks on our children in the public school system, many of whom live and attend schools within the farming communities.

With the water shortage this year it is hard for anyone to think about the future when the present looks hopeless. We know that livelihoods are at risk in the farming community. I want to make one thing perfectly clear, it is not now, nor has it ever been, the intent of the Tribes to shut down or destroy agriculture in the Klamath Basin.

It is both incorrect and unfair to blame the Tribes for the current water shortage. The real problem is that the demand for water in the Klamath Basin has been allowed to exceed the supply. I hope that everyone can understand why the Tribes continue to defend our water rights, in the same way everyone else in the Basin seeks to reinforce their own rights and claims.

We also believe the federal government has a responsibility to the farm families who, like the Klamath Tribes, now depend on a water system that is simply not capable of meeting current demands. We as a people, who for years have felt the pain of being unable to meet the needs of our families and communities, do not want to see our friends and neighbors in the agriculture community suffer.

Sharing the benefits of nature's bounty is one thing but now we must also share the adversity caused by decades of over allocation and ineffective resource management.

Today we all need to focus on the present problem. The Tribes have been a leader in the search for an effective solution to the water problems.

The following is a list of things that we know that will and will not work:

Doing away with or revising the ESA and BO simply will not change the Tribal trust responsibility nor will this fix the problems that exist today.

The Basin will not regain its health by treating symptoms while avoiding the causes of our water shortage. We need to restore nature's productive capacity in the Klamath Basin. Otherwise we will be facing problems like this one for years to come.

Those of us who must face the consequences of those empty promises cannot build a future by turning on each other. The fisheries, the farming communities, the Klamath Tribes culture and economy are all at risk.

We need high-level Federal policy makers to provide leadership so that all of us who live in the Klamath Basin can work together on a lasting solution, not an inadequate quick fix.

EXECUTIVE SUMMARY

The current situation in the Klamath Basin offers a unique opportunity to develop a policy showing that economic and environmental concerns can be productively balanced, and that the honor of the U.S. can be upheld in its dealings with both indigenous peoples and its other citizens. The situation is not some sort of obscure scientific controversy, but rather a problem of community instability on three fronts. These fronts are interdependent, so any real solution to Basin problems must address all three, or the problems will persist.

The situation is correctable with strong, even-handed and focused leadership by the Administration to get beyond the squabbles among agencies, between water interests, and between the United States and the State of Oregon which have characterized the situation in recent years. In this document the Klamath Tribes discuss three fundamental problems and offer the broad outlines of a prescription for solutions.

Ecosystem repair: Basin rivers, lakes, wetlands and forests are degraded to the point that the health and stability of all Basin communities are undermined. Large-scale restoration oriented toward long-term ecosystem functions can solve this problem. Research into agricultural improvements will enhance prosperity of agricultural operations, an essential component of achieving necessary restoration on private lands.

Solving over-appropriation: Federal and state promises have created a demand

for water that exceeds what Nature provides. Administration leadership is needed to lay the foundation for restoring the balance.

Returning the tribal homeland: A sustainable livelihood for the tribal community

depends on the Tribes' recovery of certain lands now in federal ownership. These lands were taken from the Tribes as part of the now discredited Termination policy; the Administration can further the process of their return. The Basin is at a critical juncture. It can be the centerpiece of a federal policy balancing nature and the economy, or it can be left to descend into decades of divisive litigation and strife.

 

A STRATEGIC APPROACH TO ACHIEVING ECONOMIC AND ECOLOGICAL HEALTH IN THE KLAMATH BASIN

The Klamath Tribes

June, 2001

The events of 2001 in the Klamath Basin are the inevitable consequence of long-standing, unresolved conflicts. With all Klamath Basin residents suffering economic hardship brought on by decades of the federal and state governments' mismanagement of the region's water resources, only leadership from the highest levels of the United States government can restore a sustainable economy based on rationally managed natural resources. The Klamath Tribes have been and will be here always, so we have been intimately involved in all of the issues that must be addressed to achieve stability and prosperity for the Basin as a whole.

The Klamath Tribes are uniquely positioned to play a central role in resolving Basin problems to the benefit of all, and we are very serious about doing so. Therefore, instead of focusing on past hurts and inequities, we are focused on the future, on finding solutions that can work for everyone. In this spirit, we offer the following outline of our strategic approach to achieving economic and ecological health in the Klamath Basin. Our intent here is not to provide a greatly detailed strategy, but rather to facilitate a basic understanding of the problems driving the present conflicts and crises, and then to offer the key elements of viable long-term solutions.

We believe that our strategy provides a strong foundation for the development of an effective U.S. policy which can resonate throughout the nation, and perhaps the world. We envision a policy showing that economic and environmental concerns can be productively balanced, and that the honor of the U.S. can be upheld in its dealings with both indigenous peoples and its other citizens. While we firmly believe that successful policy can be built on the foundations we offer here, we are not naive about the challenges involved. Strong, even-handed, responsive leadership from the highest levels of the U.S. government will be the pivotal element in determining the success or failure of efforts to bring health and stability to the Klamath Basin.

Background and Description of Problems

It is our intent to approach the issues at hand in a positive, solution-oriented manner. However, it is crucial for policy-makers to understand the perspective from which the Klamath Tribes approach the present situation, so we must briefly detail some history. Social and ecological problems experienced here in the Klamath Basin are complex and have a 140+ year history. We refrain here from providing great detail, focusing instead upon the fundamental problems, which have brought us to the present situation; problems which must be resolved to achieve health and stability. We stand ready and able to provide detailed explanations and analyses of any component, and will await requests for further information to do so.

In the Treaty of 1864, the Klamath Tribes reserved hunting, fishing, and gathering rights on 2.2 million acres of land, essentially encompassing the entire Upper Klamath River Basin above Upper Klamath Lake. Over time, reservation boundaries were resurveyed and changed until in 1954 the reservation was reduced to 1.1 million acres. The Termination Act of 1954 led to the loss of federally recognized tribal status as well as the conversion of a major portion of our ancestral lands into the Winema and Fremont National Forests. Termination precipitated a time of severe economic and social devastation from which we are struggling to recover. In 1986 the US acknowledged the failure of the termination era policies by restoring our federally recognized tribal status. While this step restored some capability and authority to influence resource management, it was not accompanied by the return of our ancestral lands, and so was insufficient to overcome the legacy of devastation wrought on the landscape during the termination era.

It is vital to understand that the Klamath, Modoc, and Yahooskin peoples have been on this land for hundreds of generations, thousands of years before the ancestors of the American pioneers had any idea that the North American continent even existed. When we go out into the land, we can literally feel the permanent presence of our people throughout history, a sense of belonging that cannot really be described or fully understood by outsiders. Our land was taken from us in stages from 1864 to 1954, until we were left with none. Since 1864 we watched as enormous changes were made across the landscape; we watched Upper Klamath Lake turn into a cesspool, the streams and rivers degraded, the marshes plowed under, the salmon disappear, the sucker fishery plummet, the deer herds decline to all-time lows, sacred places trampled and pillaged, and the forests completely changed in character.

Many decades of industrial forestry, agricultural development, and other changes led to a complete transformation of our landscape, and resulted in the decimation of natural resources vitally important to the spiritual, cultural and economic livelihoods of the tribal community. Radical changes in forest structure and composition contributed to tremendous declines in our mule deer herds. Places sacred to our people have been trampled and pillaged. Road development has criss-crossed our ancestral lands with an amazingly dense road network. What little old growth forest remains occurs in small isolated patches.

Over the past century, the most beneficial use of water was considered to be taking water away from fisheries in order to create more irrigated agriculture. Accordingly, vast tracts of wetlands and even lakes were diked, drained, and transformed to farmland. Floodplains of our major river systems were developed as well, resulting in extensive loss of important riparian ecosystems and the commensurate impairment of floodplain function. Profound changes in the geomorphology (that is, the shape and physical characteristics) of our rivers degraded both fish habitat and water quality. Diversions of water from our rivers annually draw them far below natural base flows. Diversions of water from Upper Klamath Lake cause annual lake level fluctuations far in excess of the natural condition. Cumulative effects of these and other transformations of the watershed contributed greatly to the hypereutrophication of Upper Klamath Lake, impairing water quality so severely that some of the toughest and most abundant fish species, the suckers, have been pushed to the brink of extinction. Effects of these terrible conditions are felt by everyone, causing problems for other fisheries and water users far downstream of Upper Klamath Lake.

The direct consequences of this severely degraded watershed are being felt by all in the present water crisis. As all parties battle over who gets how much water, the fundamental problems which underlie the entire situation are not being addressed. Everyone living here can fight about water quantity forever, and no matter who wins or loses the terrible problems we face will remain, until we properly address the central problem of extreme ecosystem degradation. A healthy Basin economy depends on being able to squarely address ecosystem restoration at an appropriate scale. Unless we do this, we simply doom ourselves to continued instability, strife, and economic depression.

So far we have described the devastated condition of both our ecosystem and the tribal economy, but another important piece of the puzzle remains, the health and stability of the agricultural economy. The recent shutoff of irrigation water to part of the Klamath Project has obviously hurt that portion of the agricultural economy. Such events further de-stabilize the basin, resulting in extreme polarization of the very groups which must come together to achieve long-term solutions. Agriculture needs something which it does not have: a stable water supply. Instability of the agricultural water supply results from decreased wetland and floodplain storage as well as from ESA-related regulatory actions, both of which originate from impaired ecosystem functions, and from uncontrolled development of water demand which now far exceeds the supply Nature provides.

In the present crisis we are watching our agricultural neighbors experience in part what has happened to the Tribes over and over: promises ignored, trust betrayed, severe personal economic damage, terrible pain, anguish, fear, and anger with no productive outlet. We do not revel in their misery, and did not try to engineer their demise. However, we cannot let their agony and anger obscure the pathway to successful resolution of our problems. We want what is best for all Klamath Basin residents, a healthy ecosystem with stable and prosperous economies for all. Thus the crucial question is this: can we devise an effective strategy to restore health and stability to the Klamath Basin ecosystems as well as to the Tribal and agricultural economies? We firmly believe that the answer is yes, a successful approach can be devised, and that the success or failure of such a strategy rests in the willingness of the highest levels of the US government to engage the situation with strong leadership, wise policy, and adequate resources.

The Pathway to Stability: Three Key Elements

A central theme of these problems is instability, which will persist until the foundational problems we face are addressed at the appropriate basin-wide spatial scale and a long-term temporal scale. We are not facing some sort of scientific controversy here, but rather a problem of extreme social instability. The instability occurs on three fronts, each of which must be addressed by real solutions.

As long as the Klamath Tribes lack crucial elements to regain stability, our social and economic pain will be a destabilizing element in the Basin.