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Fish have more constitutional rights than humans in our new United States 

* "It became more of a 'How are we going to get rid of those dams' discussion than anything else," said Siskiyou Supervisor Jim Cook.

By C. Patience Summers

Pioneer Press
Fort Jones, CA
Wednesday, April 7, 2010
page 1, col 1

The county board of supervisor's meeting ended with the four to one vote not to approve the signing of the Klamath Hydro-Electric Settlement Agreement, or "KHSA," and the Klamath Basin Restoration Agreement.

The KHSA would have removed four dams in the Shasta aboriginal area, desecrating countless Shasta burial sites and what U.C. Berkeley had identified as 156 village sites found in the area the dams presently prevent water from eroding.

Supervisor Jim Cook explained that the settlement body, consisting of the U.S. Department of Interior, PacifiCorp and the California Department of Fish and Game, requesting this action of removing the dams had had several private meetings that he had to threaten to sue to be able to sit in on and be any part of.

"It became more of a 'How are we going to get rid of those dams' discussion than anything else," said Cook.

"The removal of four dams in the heart of the Shasta Nation requires that the Shasta Nation and the General Public be allowed due process to file exceptions to the agreement.  Each party of the KBRA has an obligation to support this confidential agreement, no exceptions. 
 
Parties were selected that 'shall support and defend this agreement in each applicable venue or forum, including any administrative or judicial action in which it participates, and which concerns the validity of any regulatory approval or authorizing legislation," said Roy Hall, representing the Shasta Nation.

"The salmon and sucker fish have more rights than we do," said Athena Bagwell, Vice Chairwoman of the Shasta Indian Nation.

The Karuk tribe has taken the position that they agree with the removal of the dams and believe the removal of the dams will bring the salmon population back up.

"We do not want the salmon to go extinct.  The river should never have been touched to begin with, but removing the dams will cause more harm than good now.  We will not starve to death without the salmon.  We all shop at our local markets," said Bagwell.

Another concern expressed by land owners/stake holders along the Klamath river is that, if and when the dams were to be removed, it would flood out many residents.  One resident claimed that the word "Klamath" is a Native American word that means "stinky river" and it indicates that, along with the flooding of the land, the land value would drop considerably as a result of the awful smell resulting from the dam removals.

Another issue of impropriety brought to the table was when Cook asked John Bezdek, representing the U.S. Department of Interior, who had already signed in support of this agreement.  Bezdek rattled off several important names and was caught by Cook when he mentioned, "Art Baggett, Water Board."

Whereas Baggett does serve as a board member of the Water Board, he does not represent the entire board and his signature cannot be passed off as the entire Water Board's approval.  His signature should be counted as an individual.

"I am flabbergasted that an individual can sign this.  I find this right on the edge of disgusting," said Cook.

"We're here to find a solution to problems within The Klamath River Basin, especially as it relates to our hydro-electric project.  We are arriving at a settlement agreement that minimizes costs and liabilities for our customers.  I believe the KHSA accomplishes that goal.  The KHSA establishes a process for the Secretary of Interior to study the scientific and engineering impacts of dam removal.  Based on this study, if he determines that dam removal is in the public's interest, the dams could be removed no sooner than 2020," said Dean Brockbank, Vice President, Lead Negotiator and general council for Pacifi Corp.
 
When asked if, after the agreement is signed and in the year 2020, the citizens of this county do not want the dam removal and the Secretary of Interior did, the citizens of this county would be able to stop the dam removal, Brockbank said no, the decision is entirely in the Secretary of Interior's hands at that point.

With no turning back laid out in plain English, Supervisor Michael Kobseff claimed he didn't want the citizens of this county to lose power and control of their water rights.

"Quite frankly, there are very, very few, if any, benefits to Siskiyou County in that agreement," said Cook.

In the end, Supervisor Marcia H. Armstrong made the motion to reject and not sign either agreement, as both were tied in such a way that one could not be signed and accepted without the other.  Her motion was quickly seconded by Kobseff and led a four to one victory.  The only Supervisor not to vote "aye" was Supervisor Ed Valenzuela.
 
(Permission to post from the publisher.)