Irrigators appeal key Klamath decision

Irrigators in the Upper Klamath Basin are going back to a federal appeals court in an effort to overturn a ruling that provided more water to threatened salmon.

Irrigators in the Upper Klamath Basin are going back to a federal appeals court in an effort to overturn a ruling that provided more water to threatened salmon.

The Klamath Water Users Association lodged its argument to the 9th U.S. Circuit Court of Appeals in San Francisco, which had ordered a district court judge to write the injunction the irrigators are appealing.

Farmers say that while there was enough water to irrigate during a wet 2006, it drew down Upper Klamath Lake, and they worry that during a drier year sending more water to salmon could jeopardize supplies.

”If that happens in a wet water year,” said water users' Executive Director Greg Addington, “what's an average year hold for us?”

The group claims that the U.S. District Court in Oakland overreached its authority and imposed higher flows downstream of Upper Klamath Lake than federal agencies had determined were needed for coho salmon. The National Marine Fisheries Service and the U.S. Bureau of Reclamation -- whose plans were the original aim of a lawsuit by fishermen, environmentalists and tribes -- are not part of the new appeal.

Addington said he was aware that the appeal could potentially endanger a growing
spirit of cooperation in the region. But he said that irrigators need something to hold onto in a strained basin.

”It's important that we send a message that we don't think there's adequate resources in the system to do it all,” Addington said.

That's been the sentiment of tribes and fishermen for years. It was also the take of the 9th Circuit Court when it took up the first appeal of the case, writing that the government's plan for river flows could wipe out coho salmon eight years into the 10-year program.

”All the water in the world in 2010 and 2011 will not protect the coho,” wrote the court, “for there will be none to protect.”

Both young and mature chinook salmon have also struggled in the river in recent years, with high rates of infection from diseases biologists believe are made worse with low water. Water purchased from farmers by reclamation has boosted flows in the spring, but also cost millions.

Reclamation spokesman Jeff McCracken was unable to reach federal attorneys about the appeal. He said that the agency intends to meet with the fisheries service to hammer out the guidelines for flows to the river by the end of this year or early 2007.

Kristen Boyles, an attorney with Earthjustice that was among the groups that sued the federal government, said the appeal is probably futile. It's unlikely the court would even hear the petition for nine months or longer, she said, at which point a new plan may be in effect. She also questioned irrigators' intentions and signals toward cooperation while taking the legal action.

”They don't want to change any of their irrigation projects and they want the first take of water from the river,” Boyle said.