Re: [env-trinity] KlamBlog-Before the storm – Behind the scenes

FISH1IFR at aol.com FISH1IFR at aol.com
Tue Sep 20 15:23:38 PDT 2011


 
Colleagues....
 
While Felice's analysis in this KlamBlog post is uniquely  his own, is in 
my view seriously flawed in several places, or based on his  increasingly 
obsolete information base (since he is now  voluntarily "boycotting" all the 
Klamath Basin Coordinating Council  (KBCC) public informational meetings), 
plus he tends to characterize any  meeting he is not personally invited to as 
"secretive backroom dealings," his  characterization of the next few weeks as 
a likely to be a "wild ride" is  probably accurate.  The Draft EIS for 
Klamath Dam Removal, together with a  very careful and thorough cost analysis of 
dam removal itself, will be coming  out on the official web site sometime 
tomorrow (_www.klamathrestoration.gov_ (http://www.klamathrestoration.gov) )  
together with ALL the many and detailed study reports on which that DEIS is 
 based.  
 
Interior Secretary Salazar gave an important speech in SF  on Sept. 19th in 
which he summarized some of the findings on dam removal under  the Klamath 
Settlement Agreement coming out in the DEIS.  The relevant  Klamath portion 
of that speech is attached below.  These are benefits from  both the two 
components of the Klamath Settlement Agreement -- the  hydropower only Klamath 
Hydropower Settlement Agreement (KHSA), and the  "related program" also 
analyzed under NEPA of the Klamath Basin Restoration  Agreement (KBRA).  Without 
the KBRA many of those benefits -- such as a  guaranteed water supply for 
the National Wildlife Refuges and up to 230,000 more  acre-feet of water back 
into the river for salmon recovery -- would not exist  even with the dams 
removed.  Though it is a necessary pre-condition,  Klamath dam removal alone 
will not bring back the Klamath's once mighty salmon  runs nor put more 
water back into the river.  
 
It is for this reason that PCFFA supports both  Agreements.
 
=============================================
Glen H. Spain, NW Regional  Director
Pacific Coast Federation of Fishermen's Associations (PCFFA)
PO  Box 11170, Eugene, OR 97440-3370
O:(541)689-2000 --  Fax:(541)689-2500
Email: fish1ifr at aol.com
Home Page: _www.pcffa.org_ (http://www.pcffa.org/)  
 
========================================================
 
Klamath portion of interior Secretary Salazar's  Speech Today in SF on west 
water issues, this section on the impacts of Klamath  Dam removal. The 
formal Draft EIS/EIR will be released this Thursday (9/21st). 



 
Klamath River Basin

First, in the  Klamath River Basin, severe drought and strain on the system 
exploded in 2001  with water shortages for agriculture and other users. It 
was followed in 2002 by  the largest fish die off in the Basin’s history, if 
not in U.S.  history.

After years of litigation, the parties reached an agreement,  signed in 
early 2010. Under that agreement, the parties are to undertake a  comprehensive 
environmental and economic analysis of the impacts of removing  four dams 
on the Klamath River. 

The agreement, which the Obama  Administration stands behind fully, sets up 
an open, transparent process for  choosing the best path for the Klamath 
Basin. Science and public engagement are  at the heart of the process.

That’s why, for the past several months, the  Department has been publicly 
releasing the individual science reports as they  become final. The Draft 
Environmental Impact Statement, which compliments these  scientific studies, 
will be available for public review and comment beginning  Thursday.

The analysis and studies will say a few things.

First,  they will show there are pluses and minuses to dam removal on the 
Klamath River.  The studies estimate that dam removal would result in the 
loss of hydroelectric  power generation and the loss of around 50 jobs from 
managing those facilities.  It would also result in the loss of some 
recreational opportunities on the  Klamath River reservoirs, and some decrease in 
property values for landowners  nearby.

On the other hand, the watershed-wide restoration program that is  proposed 
could add more than 4,600 jobs to the regional economy over 15 years,  
including around 1,400 during the year of dam removal. The studies say that the  
reliability in water supplies that would be gained would boost gross farm 
income  and add between 70 and 695 jobs annually to the agricultural  economy.

Moreover, Klamath restoration would help address tribal trust  issues for 
the Klamath River Basin Tribes and would be beneficial to their water  
quality, fisheries, and traditional cultural practices. 

The analysis  also suggests there would be benefits to commercial salmon 
fishermen. It seems  like more often than not in the last decade, there have 
been salmon fishery  closures in California or Oregon. 

With removal of the dams,  though:

· coho would reclaim 68 miles of historical habitat; 

·  steelhead, the Klamath River’s most popular sport fishery, would regain 
420  miles of historical habitat; and 

· commercially harvested Chinook salmon  production would increase by more 
than 80 percent .

All together, eleven  coastal counties in Oregon and California would see 
gains of more than 400 jobs  as a result of improved fishing conditions.

Those are significant  numbers.

But we will also be looking closely at the cost of the  restoration.

The analysis that will be available Thursday will show that  the most 
probable cost of removing the four dams is around $290 million in 2020  dollars, 
which is below the $450 million state cost cap identified in the KHSA.  

To date, we have maintained a very public process. But we need the  
continued input of the public and local communities on the draft  EIS.

Their voices – and all of the economic, environmental, and  scientific 
information we have gathered - will be critical as I approach my  decision on 
dam removal in the Klamath River Basin in March, 2012. 
====================================================================

 
 


In a message dated 9/20/2011 2:52:29 P.M. Pacific Daylight Time,  
tstokely at att.net writes:



_http://klamblog.blogspot.com/2011/09/before-storm-behind-scenes.html_ 
(http://klamblog.blogspot.com/2011/09/before-storm-behind-scenes.html)  
MONDAY, SEPTEMBER 19, 2011
 
 
 
Before the storm – Behind the scenes
 


The Coming  Storm

In Klamath Country the late summer lull is about to  end.  As light wanes 
and nights become chill the Klamath River – and its  controversial Dam and 
Water Deals - are about to be in the  national headlines again. Soon after the 
Fall Equinox the environmental report  needed to “inform” a decision on 
the Deals by Secretary of  Interior Ken Salazar will come out in draft form.  
That will kick off a  round of review, hearings, teach-ins, newspaper 
reports and attempts by  promoters, opponents and those who favor key improvements 
to promote their  different views on the Klamath Dam and Water  Deals.  

For these extraordinary and perhaps  unprecedented* Deals to work, however, 
and before the  Secretary makes his decision, Congress must pass a bill 
authorizing the  unusual Deals. According to at least one of the tribe’s 
promoting  them (the Klamath Tribes), Congress will have to come up with the _full 
 price tag_ 
(http://www.capitalpress.com/mobile/TH-klamath-update-w-photos-infobox-091611)  for the KBRA or Water Deal. That price tag is  nearly $1 
billion dollars over ten years. 

It is hard to imagine  that legislation with a billion dollar price tag 
could make it through a  divided and cash strapped Congress even if powerful 
forces were not  opposed.  And powerful forces are opposed including Northern 
California  congressman Tom McClintock (R), the Hoopa Tribe, the basin’s Tea 
Party groups  and (presumably) other federal tribes across the nation whose 
budgets would be  raided to provide the tribal share of the ten-year price  
tag.  

Strange things can happen in Congress, however, when  powerful interests 
stand to gain. In the Klamath case the big winners in  theDeals are members of 
not one but three of the West’s most  powerful interests:
--    A Power Utility and its major investors
--    Large private irrigation  interests receiving taxpayer subsidized 
water from federal agencies
--    Federal Land and Resource  Agencies

 
(http://3.bp.blogspot.com/-dSU31cxG6GQ/TneSgyUlZTI/AAAAAAAAASU/4dmx5vJ8GLw/s1600/Warren+Buffett.jpg) 

Warren Buffet: his investment company –  Berkshire-Hathaway – owns 
PacifiCorp and five Klamath River  Dams.  

When someone with the power and influence  of a Warren Buffet want 
legislation to go through the US Congress, many  obstacles can be overcome.  Buffet’
s Berkshire Hathaway owns PacifiCorp  which owns the Klamath Dams.  
Compliance with all laws would make the  dams a money loser and going the formal 
route to dam removal would cost  investors/shareholders. The Dam Deal is a much 
cheaper alternative for  PacifiCorp, Berkshire Hathaway and Buffet.  All 
that means theDam  Deal – under which PacifiCorp’s customers and taxpayers 
will foot the  total bill for dam removal – has a good chance of making it 
through Congress  one way or another. 

 
(http://2.bp.blogspot.com/-MqKq359Hu3I/TneT3tnIHLI/AAAAAAAAASY/5jlMu_msAlY/s1600/UpKlamBsnAg_7-2-01+%285%29.jpg) 
Klamath  Irrigators got what they wanted in the Water Deal. If the deal is 
memorialized  in federal legislation these irrigators will be first in line 
for Klamath  Water ahead of at risk salmon and other private irrigators  

Whether the Water Deal remains  part of the final legislative package is 
another story. Due to its cost and  the controversy it has generated, 
prospects for it to be enacted as negotiated  appear slim. The Bureau of Reclamation 
and the _Irrigation  Elite_ 
(http://klamblog.blogspot.com/2011/03/meet-klamath-river-basins-irrigation.html)  they serve will have a hard time holding 
on to the  first-in-line-for-Klamath-water provisions they negotiated; the 
damage to  non-federal irrigators is just too great.  

Even if  some Water Deal provisions manage to remain in final Klamath  dam 
removal legislation, however, there is a good chance Congress will make  
changes to those provisions. Those who want to fix theWater Deal, not  kill it, 
have a good chance for success if they are organized, determined and  can 
find champions in Congress for those changes.  For example, a better  
guarantee of water for the Klamath Refuges and the _basin-wide  flow study_ 
(http://www.siskiyoudaily.com/news/x1528811269/National-Research-Council-Basin-wide-
study-needed-to-assess-water-flows-in-Klamath)  recommended by the National 
Research Council in order to  properly set in-river flows could become part 
of what emerges from  Congress. 

 
(http://3.bp.blogspot.com/-nP0d9UoYMdU/TneZfaXLU3I/AAAAAAAAASg/-Uz6TMcOhvY/s1600/Lower+Klamath+Sunset_001.jpg) 
Lower  Klamath and Tule Lake NWRs - and the 80% of Pacific Flyway birds 
which rely  upon them - are dependent on the Bureau of Reclamation and the 
Irrigation  Elite for water supply


 
(http://2.bp.blogspot.com/-wwpyN1PWtjg/TnebWaX0WfI/AAAAAAAAASk/nZkavEs9ZZU/s1600/Scott+R+nr+Ft+Jones+10-2-09_001.JPG) 
The  dewatered Scott River near Fort Jones on October 2, 2009. A basin-wide 
flow  assessment would encompass major tributaries including the Scott, 
Shasta and  Trinity.

KlamBlog previously pointed out that the federal  land and resource 
management agencies– the Bureaus of Reclamation and Land  Management and the Forest 
, National Marine and National Wildlife Services -  collectively known 
these days as the “Federal Family” - are the real  architects of the Klamath 
Deals. Key federal bureaucrats  recognized years ago that the likelihood of 
dam removal (money loosing dams  can’t survive relicensing) presented an 
opportunity to get back control of  Klamath River Basin water management from the 
courts acting on behalf of  salmon, fishermen and the federal tribes.  

The bureaucrats  decided then to try to hitch a Water Deal which suited 
them  to what would likely be a popular dam removal deal. Without changes,  
legislation implementing the Water Deal will provide federal  bureaucrats with 
what they most desire – the authority to manage water, land  and resources 
professionally - that is, undemocratically - and out of the  public eye. 
Whether Congress will go along with undemocratic Water  Deal governance 
provisions, however, is not clear.

 
(http://1.bp.blogspot.com/-qh9eaChDQfc/Tneqk0klO9I/AAAAAAAAASw/zjhqzLITpas/s1600/federal+bureaucracy.jpg) 
Since the opening of the American West, federal  bureaucrats have competed 
with locals for control of land, water and  resources

Historically, these federal agencies – the Bureaus  of Reclamation and Land 
Management and the Forest, National Marine and  National Wildlife Services 
- have competed with westerners for control of  water, land and resource 
management. As KlamBlog has pointed out before,  The Water Deal provides for 
renewed federal dominance in  Klamath water management. Under it decisions on 
how water is managed would be  made by federal and tribal bureaucrats 
meeting behind closed  doors. 

The alternative to federal back room management is  the _democratic 
basin-governance  model _ (http://bigthink.com/ideas/24964) which was originally 
championed by scientist and western  explorer John Wesley Powell.  We see the 
democratic model in operation  today in traditional irrigation districts and 
in those river basins which have  empowered and effective, all-party river 
commissions.  The closest thing  we have seen to that model proposed so far 
in the Klamath River Basin is  Siskiyou County’s call for an open process to 
develop a basin-wide restoration  plan.  

Behind the Scenes

In advance of the  coming legislative battle those who are promoting the 
Deals, those  who oppose them, and those who want to fix what they consider 
fatal flaws are  all active. 

The Two Rivers  Tribune recently _reported _ 
(http://www.tworiverstribune.com/2011/08/klamath-bill-circulating-in-secret/) that  draft legislation to 
implement the Dam and Water Deals is  “circulating in secret".  The Hoopa 
Tribe is upset that the feds have not  shared the draft bill with them and all 
other federal tribes which will be  affected by it. Only those tribes and 
private parties which signed  the Deals have been invited to review and 
comment on the  draft; the Hoopa and Quartz Valley Tribes and the Resighini 
Rancheria have  been denied the opportunity to review and comment. 

Oregon Senator  Jeff Merkley and California Congressman Mike Thompson have 
reportedly agreed  to sponsor the legislation.  Key environmental 
constituents who have  supported Mike Thompson in the past, have asked him to fix what 
they consider  fatal flaws in the Dealsin any legislation he sponsors. 
There is  no indication, however, that Thompson is consulting with these  
supporters.     

On the opposition side,  Siskiyou County’s supervisors are in the midst of 
a major effort to get the  federal agencies to “consult” with them about 
Klamath River and all other land  and resource management issues. Four deluded 
supervisors out of five  apparently believe that_federal managers  must 
defer_ (http://users.sisqtel.net/armstrng/opinion091311.html)  to their local 
radical right, anti-tribe sentiment. So far  the county supervisors get lip 
service from the_Forest  Service _ 
(http://www.siskiyoudaily.com/news/x1249731927/County-KNF-meet-to-discuss-travel-management-policies) which dutifully 
appears when called but the National Marine  Fisheries Service recently 
_refused  a similar demand_ 
(http://www.siskiyoudaily.com/lifestyle/agriculture/x351390313/National-Marine-Fisheries-Service-a-no-show)  for them to appear.

Siskiyou County’s radical  right supervisors appear convinced that Siskiyou 
voters will back their  efforts to get the feds to defer to them on water, 
land and resource  management. In the midst of cuts to most county services, 
they recently voted  to pay lawyer _Fred Kelly Grant_ 
(http://justicemyass.com/id1.html)  $250 per  hour to act as their “coordination counsel”.

A criminal lawyer by  profession, in recent years Grant has worked for the 
property rights  group Stewards of the Range which has now become _American 
Stewards of  Liberty_ (https://www.americanstewards.us/) . His current 
effort is promoted by an organization calling  itself _Trademark America_ 
(http://www.trademarkamerica.org/34.html) .  For an introduction to the network of 
interconnected property rights  organizations see _this  link_ 
(http://www.pollutionissues.com/Pl-Re/Property-Rights-Movement.html) . 

While Grant forcefully presents _legal  arguments_ 
(http://www.citizensforaconstitutionalrepublic.com/grant_How_Coordination_Plans_Work.html)  for a 
federal coordination requirement, he does not site  nor has he apparently been 
involved with a single court case upholding a  requirement that federal 
officials defer to county land and resource  management plans and policies. 
Instead, Grant and the American Stewards of  Liberty of which he is a part 
appear to be attempting to ride the Tea Party  wave into a new era of 
county-level political resistance to state and federal  authority.  

Meanwhile those who see much good in  the Klamath Deals but also fatal 
flaws are organizing to  secure the changes they say are needed.  For these 
folks the devil is in  critical details which they would like to see all 
affected citizens  understand.  The Redwood Chapter Sierra Club, the Environmental  
Protection Information Center, Northcoast Environmental Center and Redwood  
Chapter of the Audubon Society are sponsoring a teach-in on the Secretarial 
 Determination Process, the Draft EIS/EIR to inform that decision and the  
issues which will arise when Klamath legislation is introduced in  Congress. 
 The teach-in will take place on Wednesday October 19th at the  Warfinger 
Building in Eureka. Other educational efforts are also being  planned. 

_Informed  Consent_ 
(http://www.globalforestcoalition.org/wp-content/uploads/2010/12/Short-Guide-to-Indigenous-Peoples-Rights.pdf)  is a process which 
Indigenous Karuk-Yurok leader Chris  Peters has stressed is missing from Dam 
and Water  Dealprocesses.  According to Peters - who is a member of the 
Yurok  Tribe - when Indigenous water and other rights are involved, all tribal  
members should be fully informed and a majority of members should give 
their  consent before the tribal governing body signs on. Oregon’s Klamath 
Tribes is  the only tribal government to yet hold a referendum on the Deals. That 
tribe’s  members voted to support the Deals which would provide them with 
the means to  regain a land and resource base.   

Into the  light

KlamBlog has pointed out many times how and why secret and  back room 
dealing has come to dominate Klamath River water, land, resource and  restoration 
management and decision making. We have not hidden the fact that  we see 
that dominance as morally, socially and environmentally wrong.  Undemocratic, 
backroom management by any collection of entities is not in the  interest of 
the Klamath River or Klamath Salmon. 

KlamBlog is a  strong advocate for open, democratic and science-driven 
water management and  restoration because it is the People’s right to see how 
public water and  public resources are being managed. While back room dealing 
will no doubt  continue, once the Draft EIS/EIR is released and Klamath 
Legislation is  introduced into Congress essential decisions will have to be 
made in  public.
Finally, all those with an interest in the Klamath River will have  an 
opportunity to understand what is at stake and the trade-offs their leaders  
have accepted.  All citizens who have a stake will have the opportunity  to 
weigh in as is their right; the Klamath is – after all is said and done – a  
public river. 

As public deliberations replace back room  shenanigans KlamBlog will be 
there enthusiastically pushing for full  disclosure, continuing to publicize 
what others seek to keep hidden and  thereby seeking to empower citizens to 
get involved and to make a  difference.

It is likely to be a wild  ride.
___________________________
* The unprecedented nature of the Dam and Water  Deals may be the 
combination of a tribal water rights settlement (Klamath  Tribes) with a dam removal 
deal. Tribal water rights settlements have been  going on in the West since 
the 80s; for the most part, tribes have traded vast  unperfected water 
rights for money and other considerations. History will not  look kindly on this 
second great swindle of America’s Indigenous  peoples.  The_ proposed  
termination of the federal trust responsibility _ 
(http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/1043/1WJELP042.pdf?sequence=4) with 
respect to the  rights of all six of the Basin’s federally recognized tribes –
 whether or not  they agree to that termination – also appears to be 
unprecedented.  



=



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