[env-trinity] AP- Judge says statute of limitations gone in Klamath Tribes' lawsuit Against PacifiCorp

[Tom Stokely]

Judge says statute of limitations gone in lawsuit 
4/21/2005, 2:50 p.m. PT 
http://www.oregonlive.com/newsflash/regional/index.ssf?/base/news-10/1114119893213521.xml&storylist=orlocal 
The Associated Press   

MEDFORD, Ore. (AP) - A federal magistrate judge in Medford says a $1 billion lawsuit by members of the Klamath Tribes against PacifiCorp for the loss of salmon should be thrown out because the statute of limitations expired in 1971. 

The action was filed last May. Judge John P. Cooney recommended that it be dismissed. 

The tribes claim the dams on the Klamath River destroyed their 1864 treaty rights to fish for salmon in the rivers' headwaters. 

Dam construction on the river started in 1908 and ended in 1967. Salmon migration stops at Iron Gate Dam, the lowest on the Klamath River, in California's Siskiyou County. 

"We argued that it was untimely, and the judge agreed," said Jon Coney, PacifiCorp spokesman. 

The case moves to Eugene where a district judge will decide whether the case should be dismissed. 

The tribe was terminated in 1954. Tribal members retain hunting and fishing rights even though they no longer have a reservation. Tribal status was restored in 1986 and the tribes want reservation land again. 

PacifiCorp has four hydroelectric dams on the river plus a flood control dam. 

Dan Israel, a lawyer for the Tribes, said a federal appeals court may have to decide the issue. 

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