[env-trinity] Earthjustice-Court Allows Salmon Advocates To Participate in Case by Klamath Irrigators Seeking Taxpayer Money

[Tom Stokely]

Court Allows Salmon Advocates To Participate in Case by Klamath Irrigators 
Seeking Taxpayer Money 
Court recognizes fishermen's stake in outcome of farmers' bid for federal 
compensation 

February 28th, 2005 

http://www.earthjustice.org/news/display.html?ID=961 
Contact Info: 
Todd True, Earthjustice, 206-343-7340 x 30 
Glen Spain, Pacific Coast Federation of Fishermen's Associations, 541-689-2000 

Washington DC-- In a case with a billion taxpayer dollars at stake, a federal claims court has 
ruled that commercial salmon fishermen have the right to fully participate and defend against 
Klamath irrigators seeking compensation for receiving less than 100 percent of federal water 
deliveries in 2001. The ruling marks the first time any group trying to protect fish and wildlife 
has been allowed to intervene as a full party in a case in the Court of Claims. The ruling from the 
United States Court of Federal Claims in Washington, DC, came late Friday and granted the 
Pacific Coast Federation of Fishermen's Associations full party status. The federal claims court 
deals with questions of monetary compensation from the federal government. 

During the summer of 2001, in a near-record drought year, government officials reduced 
diversions of the Klamath River to farmers in order to sustain federally protected coho salmon 
downstream. These irrigators claimed the lack of water caused them economic losses and 
subsequently filed suit seeking taxpayer compensation for an unconstitutional "taking." When 
commercial fishermen and conservation groups moved to participate in the case, the irrigators 
strenuously objected. In Friday's ruling, Judge Francis Allegra found that the salmon advocates 
have a legitimate stake in the outcome. 

"The irrigators argued that a billion dollar decision from the Court of Claims is about as 
significant as a withdrawal from an ATM," said Todd True, an attorney with Earthjustice. "The 
order of the court embraces the contrary common sense idea that a claim for a billion dollars has 
real world implications for fish, fishermen, and their families." 

Regulation of commercial salmon fishing in Northern California and Oregon is largely governed 
by the health of Klamath salmon stocks. In 2002, an estimated 70,000 adult salmon died in the 
river before they could spawn. Scientists identified extremely low flows caused by the upstream 
irrigation diversions as a primary cause of the fish kill. Fish surveys indicate salmon stocks in the 
Klamath will be low for years to come with a small number of adult salmon expected to return 
this year. Federal and state fishery managers have indicated that the commercial salmon season 
for 2005 is likely to be severely limited in order to rebuild the damaged salmon stocks. 

Farmers in California's Central Valley brought a similar constitutional "takings" claim that was 
successful in a lower court Instead of appealing that decision, the federal government recently 
settled the claim and paid the irrigators' $16 million, a development fraught with peril for those 
who commercially fish salmon from the Central Valley. 

The court here indirectly addressed such a situation, stating that the interests of PCFFA "give 
rise to the distinct possibility that a ruling against the United States would have significant 
impacts on the allocation of the water in the Klamath Basin and corresponding negative impacts 
on PCFFA's fishing interests." 

"Trying to resolve these claims without having a seat at the table for fish and wildlife is like 
having a three-way debate with only two people," said Glen Spain of PCFFA. "If fish and wildlife 
had a seat at the table in the California Central Valley litigation, it might have saved taxpayers 
$16 million dollars and ensured that water would be left in the river for fish." 
------------------------------------------------------------------------------ 

Earthjustice 
426 17th Street, 6th Floor 
Oakland, CA 94612-2820 
Phone: (510) 550-6700 
Fax: (510) 550-6740 
Email: eajus at earthjustice.org 
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent 
places, natural resources, and wildlife of this earth and to defending the right of all people to a 
healthy environment. We bring about far-reaching change by enforcing and strengthening 
environmental laws on behalf of hundreds of organizations and communities. 
 ------------------------------------------------------------------------------------- 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://www2.dcn.org/pipermail/env-trinity/attachments/20050301/82e43d2e/attachment.html>