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January
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Will a new Klamath
Clean-Up Plan Restore Klamath Water Quality?
Felice Pace
March 1, 2009
What would you think if someone
told you that PacifiCorp’s Klamath River dams
are NOT the most important issue for those who
want to restore the Klamath River and Klamath
Salmon? You’d say that someone is either
misinformed or crazy right? That’s because we’ve
all been barraged by press coverage of Dam and
Water Deals crafted behind closed doors while
other Klamath issues and happenings have for the
most part been ignored. But the plain truth is
that pollution - the lack of water quality
conducive to recovery of Klamath Salmon and
restoration of the Klamath River - is the #1
factor preventing recovery and restoration. The
dams are part of the problem but they are not
the largest polluter.
Right now the North Coast Water Quality Control
Board (NCWQCB) – the entity charged with
assuring water quality on the Northcoast and
Klamath – has begun the process of developing a
Water Quality Restoration Plan for the Klamath
River. This is a critical part of what is called
the TMDL Process. The Restoration Plan is where
the rubber of science hits the road of
enforcement. A good plan will provide for the
corrective actions and enforcement mechanisms
needed to (finally) clean up the Klamath.
The NCWQCB is currently conducting “scoping” for
the Water Quality Restoration Plan including
five workshops where the Water Board’s staff
will present the Plan and receive written and
oral comments from the public. The five
workshops are as follows:
- March 3, 12:30 PM, Yurok Tribal Office,
Klamath, CA.
- March 3, 6:30 PM, Humboldt State U., BSS
Building, Room 162, Arcata, CA
- March 4, 6 PM, Tulelake-ButteV.
Fairgrounds, Floriculture Rm., Tulelake, CA.
- March 5, 6 PM, Willow Creek School,
Montague, CA.
- March 12, 2 PM, Hearing Room, NCWQCB
Office, Santa Rosa, CA
TMDL and background documents and information is
available at the
NCWQCB’s web site.
Comments can be submitted until 5 PM on March
27th to: MStJohn@waterboards.ca.gov.
The Klamath River is listed as “impaired” as
required by the Clean Water Act because its
waters will not support the “beneficial uses” of
that water - as expressed in water quality
standards established for the River. The Klamath
is impaired by excessive amounts of nutrients
and organic matter, high water temperatures, low
dissolved oxygen concentrations, and the
blue-green algae toxin microcystin. These
impairments are damaging beneficial uses
including salmon and other fisheries, Indigenous
cultural uses and recreation.
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Livestock polluted
water from Johnson and Crystal Creeks enters Patterson Creek, Scott River,
3-06
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The #1 source of these impairments is well
established but not well known: it is the
agriculture industry. Water being released from
the Klamath Straits and Keno Reservoir in the
Upper Basin is highly polluted and most of that
pollution is agricultural waste water. The
Shasta and Scott Rivers are also polluted and
the main source by far is agriculture – both
direct deposit of manure by livestock and
agricultural waste water released to the river.
The temperature, low dissolved oxygen and
microcystin toxin impairments are directly
related to this agricultural pollution.
PacifiCorp’s dams and reservoirs – both the 4
that are proposed for removal and the one that
is proposed for transfer to the Bureau of
Reclamation – make the bad water quality they
receive much worse. But they are NOT the main
source of Klamath River’s water quality
problems.
If it is going to succeed the clean-up plan
adopted by the North Coast Water Board will need
to learn from the failures of past water quality
and fisheries restoration efforts. It must also
assure that – unlike clean-up plans developed
for the Shasta and Scott Rivers - it will get
the job done now and not years in the future.
Water pollution is the main cause for epidemic
disease levels in the Klamath and certain
tributaries which are wiping out salmon and
steelhead production before the young fish can
reach the ocean. It is unclear whether Klamath
Salmon can survive if clean-up is long delayed
or is ineffective.
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Overgrazing and unfettered access to
streams - Johnson Creek Watershed, Scott River Sub-basin, 3-06 |
The laws and regulations which govern the
development of water pollution clean up plans
require that those plans:
- Identify where all pollution is coming
from (who is responsible) and what each
source of the pollution (responsible party)
needs to do to clean up or eliminate the
pollution it is discharging to the River or
tributaries
- Contain methods to enforce pollution
limits that will be effective.
Past efforts to clean-up pollution which comes
from agricultural operations have failed when
they have relied upon voluntary approaches or
upon agencies – like the Resource Conservation
Districts – which are controlled by polluters. A
25-year effort to clean up pollution in
Chesapeake Bay has been declared a failure
because the voluntary approach to agricultural
and other pollution has not worked. Chesapeake
Bay advocates are now calling for
effective enforcement.
The 20 year effort to restore Klamath Salmon
under the 1986 Klamath Act which used similar
“collaborative” methods also failed. Wild
Klamath salmon stocks have continued to decline
in spite of expenditure of $40 million and more
on “restoration” projects. Too many of those
projects delivered benefits to landowners and
organizations but not to salmon and watersheds.
Will the “Klamath River Water Quality
Restoration Plan” being developed by the North
Coast Water Board again choose “voluntary” and
“collaborative” approaches which have failed in
the past here and across the nation?
Stay tuned……or, better yet, get involved!
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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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