Department Statement Regarding the Proposed Klamath Basin Restoration Agreement  

Updated January 25, 2008  

The public release of the proposed Klamath Basin Restoration Agreement (Agreement) on January 15^th has provided many Oregonians who live and work in the Klamath River Basin with their first opportunity to review the proposal in depth.  The Agreement is lengthy and complicated.  It presents a daunting task for many to understand what impact the Agreement may have to their individual livelihoods, to the current and future economic vitality of their communities, and to their ability to assert claims or contests in the Klamath Basin Adjudication (Adjudication).
 
The purpose of this statement is to express reasons why the Oregon Water Resources Department (Department) supports the Agreement and to help clarify the relationship between the Agreement and the Adjudication. 
 
The Department supports the Agreement for the following reasons: 

• The parties to this negotiation have worked very hard to fashion this proposal and we respect the tremendous effort that has been put forward by these parties.
• The Department recognizes Oregon Governor Kulongoski’s support for a successful and comprehensive solution to the restoration efforts in the Klamath River Basin to rebuild fisheries, sustain agricultural communities, and resolve other longstanding disputes related to the allocation of water resources.  The Department believes this Agreement represents a positive step toward meeting these goals.
• The Department is prepared to sign this agreement. One of our primary interests as a participant in the Agreement negotiations has been to ensure that it is consistent with Oregon Water Law and the prior appropriation doctrine of water allocation and management.  The Agreement contains a number of provisions, such as Section 14.2 Consistency with Applicable Law, that make clear that the any proposed water use brought before the Department pursuant to the Agreement will be subject to the Department’s authority to determine and administer water rights according to and consistent with Oregon Water Law.

 
Relationship between the Agreement and the Klamath Basin Adjudication
 
The Agreement contemplates that the Adjudicator will still submit a Final Order of Determination in the Adjudication to the Klamath Circuit Court and that this order will serve as the basis for water management while the order is pending in the Court. The Agreement does not either “create” new water rights separate from the Adjudication process or limit the Department’s obligation or authority concerning the Adjudication. Nor does the Agreement affect the ability of non-Agreement parties to continue to assert their claims or contests in the Adjudication.
 
Parties to the Agreement may file documents agreed to in the Agreement in the Adjudication, either at the present hearing stage, or before the Circuit Court, concerning certain of their claims or contests. Non-Agreement parties may also file settlement documents in the Adjudication. However, this Agreement or any such documents filed with the Adjudicator are recommendations only and do not bind the Adjudicator to render a particular decision in the Adjudication. 

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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

Source:  http://oregon.gov/OWRD/ADJ/klamath_restore_agreement_statement.shtml