KLAMATH ALTERNATIVE DISPUTE RESOLUTION - MEETING SUMMARY

November 10, 1998

Mike Golden have a brief overview of the October meeting. It was noted that the October meeting summary had left out the lake level for the Upper Klamath Lake claim for the months of November 1 - April 1. The level for this time period is 4143.

Hydrology Subcommittee Meeting

During the regular November 10, 1998, meeting of the Klamath Basin Alternative Dispute Resolution (KADR) process, participants of the Hydrology Sub-Committee (HSC) provided three reports to the main group. The reports are summarized below. In addition, the HSC has developed an attached statement intended to clarify the status of current hydrologic

studies.

VALUES AND LIMITATIONS OF HYDROLOGIC DATA (BARRY NORRIS)

Barry Norris provided a short discussion on the value and limitations of hydrologic analysis. The subject was separated into two areas: hydrographics, or collection of data, and analysis of the data.

In collecting data it is necessary to follow accepted standards of practice. These standards have been established over the last century. The leader in the field is the US Geological Survey. When anyone uses hydrographic data they should investigate the source of the data and the

procedures used to collect it.

In making a hydrologic analysis it is most important to understand what the analysis is intended to provide. Hydrologic analysis is a complicated scientific process and should be performed by someone who has the necessary education and experience. The ADR group has a hydrologist who has the qualifications. The analysis that will be developed by the ADR hydrologist will have peer review by well-qualified individuals who are on the Hydrology Sub-Committee. ADR participants should develop an understanding of the results, including the limitations of the analysis.

Barry also emphasized the importance in utilizing a consistent base reference period (i.e. the period of record that data have been collected at any given site). Differing periods can and will result in differing discharge statistics (i.e., averages and exceedances) for any gaging station as a result of climatic variation over the data collection periods. Therefore, the base period used in the HSC analysis for the KADR must cover both wet, dry and average years. For this reason, the HSC is spending significant time and effort defining the appropriate period of record for sites in the Klamath Basin.

KADR HYDROLOGIST REPORT (JONATHAN LA MARCHE)

Instream claim and gage locations (supplied by various KADR participants) have been received and processed into a GIS database. These locations have help define downstream boundaries, which have been used to delineate the various sub-basins (upstream contributing areas) in the database. The sub-basins (also defined as WABs- Water Availability Basins, by OWRD) define the boundary for the determination of natural stream flows. Instream claims that have not been supplied to the KADR will be excluded in the analysis.

Discharge data supplied by the HSC members are currently being subjected to an audit by the KADR hydrologist.

Since USFS discharge data (the largest source of new data in the basin) covers four to five recent years, methods of extending these discharge records (as well as discharge records from other sources) to the OWRD base period are being examined.

The USGS and OWRD base periods are being examined to identify any differences that may affect the hydrologic analysis. Most federal agencies and the state climatologist recommend using a base period of 1961-1990. However, OWRD uses a base period of 1958-1987. This time period covers more historical discharge data available from OWRD/USGS gages.

Deliverables for the December KADR meeting include:

1) Providing a map of instream claims and gage locations (without the raw statistics, as these statistics could be misleading at this point in the analysis),

2) Providing a preliminary evaluation of differences in the USGS/OWRD base-periods (1961-1990 vs. 1958-1987),

3) Providing a preliminary evaluation of methods to extend gage records to the base-period, and

4) Providing an update on beginning the extension of records.

HSC SUMMARY REPORT (STEVE SWEET)

KADR members expressed an interest in having the November HSC meeting open to the general body. The HSC attempted to conduct business as the KADR looked on. Several observations were derived from this experience.

HSC Meetings

A. The HSC remains a technical arm of the KADR and the general membership is welcome at any time to observe HSC proceedings.

B. Effective HSC meetings require a free exchange between HSC participants.

a. While HSC meetings are in progress, outside distractions need to be minimized.

C. The HSC will publish a summary of each sub-committee meeting, beginning with the November 1998 meeting. The summary will be provided to OWRD and will be available to all KADR participants.

Organizational Matters

A couple of organizational issues have been brought to the attention of the HSC recently. The issues are addressed below, along with appropriate comments offered for consideration by the KADR.

First, concern has been expressed that data developed under the auspices of the HSC might be conveyed to the adjudication arm of OWRD. There is apprehension that this information could eventually be used to the detriment of various KADR participants during the adjudication. Since there is a basic division between the KADR and the Klamath adjudication, many KADR participants have voiced a desire to erect a parallel "firewall" between KADR and adjudication hydrology data and analysis.

A second concern involves appropriate representation on the HSC. An Upper Basin party raised the issue that lack of representation from the Upper Basin on the HSC could possibly result in a bias against his interests.

The HSC's view of the firewall issue is thoroughly explained the HSC Interim Summary Report, available from Steve Sweet. Briefly, once the HSC develops naturalized flow statistics and the results are thoroughly reviewed, the HSC will likely recommend to the KADR that these basic flow statistics be made available to Rick Cooper at OWRD. However, since Jon L. is still developing natural flows, the HSC at this time is not recommending any action other than encouraging Jon L. to continue toward completing that basic task.

As a general observation, the direct benefit to all the KADR participants achieved by the HSC sharing natural flow information with OWRD will be the production of consistent, complete and peer-reviewed natural flow figures. Participants are also reminded that the task of developing naturalized streamflow is a necessary, significant and important first step toward the development of data, which can be relied upon for successful settlement negotiations. Again, a more thorough discussion of these benefits and associated issues follows in the HSC Interim Summary Report.

The second matter concerns appropriate representation on the HSC. As noted earlier, one of the Upper Basin interests is concerned that in his viewpoint, adequate representation may be missing.

The current make-up of the HSC covers both ends of the spectrum, with Don Kienlen, representing a large number of project irrigators and Steve Sweet, representing Tribal interests. Additionally, a number of highly qualified, professional hydrologists span the concerns of federal, state, allottee and environmental interests, all lending their credibility and expertise to the HSC..

As a general comment, the HSC membership presently believes that local interests can and are being adequately represented on the technical group and the threat of an introduced bias against individual interests is minimal. However, should the KADR desire to expand the HSC with an additional technical representative for Upper Basin (or other, for that matter) interests, the HSC would be pleased to have the additional expertise.

Some confusion has been evident at recent KADR meetings regarding the role of the Hydrology Sub-Committee in general and specifically the roles to be played in developing technical data. In order to address this topic for the KADR on a broad scale, the following Interim Summary Report was prepared by the HSC.

HYDROLOGY SUB-COMMITTEE INTERIM SUMMARY REPORT

November 1998

This report's purpose is to provide greater detail on the current hydrologic studies being completed under the purview of the Klamath Alternative Dispute Resolution's Hydrology Sub-Committee (HSC).

Fundamental tasks delegated to the HSC by the KADR group require development of undepleted or natural flows within various claim reaches, specifically the development of 20%, 50% and 80% exceedance levels for the reaches.

Reliable and accurate natural flow computations will best be developed through the incorporation of all available flow data and by factoring in the most accurate watershed characteristics available. The HSC originally recognized that using water availability procedures developed by the Oregon Water Resources Department (OWRD) would most readily provide an economic and accurate prediction of natural Klamath Basin flows.

The HSC has recommended that the OWRD procedures should be utilized and upgraded to include all additional flow data made available through KADR participants. The HSC also recommended that revisions should be made to OWRD procedures, thereby providing a more accurate model of various basin watershed characteristics.

The HSC has directed our KADR hydrologist, Jonathan LaMarche, to work closely with OWRD hydrologist, Rick Cooper. Sharing only basic raw data and aided by the benefit of Rick Cooper's expertise and knowledge regarding the basic Water Availability Model program (used to predict natural flows), the HSC will be able to produce the most cost-effective approach for the development of accurate natural basin flow projections.

Once natural flow data is developed and reviewed, the HSC may recommend to the KADR that the basic flow data generated should be made available to Rick Cooper at OWRD. Rick could then determine how and if this information could be used in the adjudication process. Of course, the benefit to the KADR participants in sharing this data could be found in OWRD's production of results consistent with that previously produced under the KADR.

Finally, at the specific direction of the KADR and following development of the natural flows by the HSC, the sub-committee may direct Jon to prepare specific flow analysis responding to distinct KADR requests, on a reach-by-reach basis. Note that once these individual analysis are

completed, the HSC will not make this information available to OWRD adjudication personnel. However, compelling reasons may develop whereby with the agreement of all of the parties either concerned or involved in the analysis request, the information could be provided to the adjudication staff.

The proceeding is provided in order to develop better information regarding the current hydrologic studies and to confirm the relation of the HSC's activities with the adjudication process.

The HSC remains ready to respond to questions and concerns by KADR members.

Database Presentation

Bob Main gave a presentation on how to access the database and how to use information and generate reports.

There are downloading instructions available for those interested.

SB-1010 Planning Process in Klamath Basin

Ellen Hammond, ODA gave a presentation regarding SB-1010. In 1972, the goal of the Clean Water Act was to restore and maintain the chemical, physical, and biological integrity of the Nation's waters. States are responsible for making the Nation's waters fishable, swimmable and drinkable. In Oregon, the Department of Environmental Quality determines beneficial uses, standards, and whether beneficial uses are being supported. They also have the authority to develop TMDL's.

The Oregon Legislature passed two bills that made Oregon's Department of Agriculture (ODA) the lead agency for development and implementation of Ag water quality programs. No other agency can directly regulate farming practices for water quality purposes. Those two bill are SB 502 and SB 1010.

The Klamath Basin Regional Water Quality Planner is:

Ellen Hammond

2146 NE 4^th Street, Suite 104

Bend, OR 97701

(541)617-0017 - Office

ehammond@oda.state.or.us

Sub-basin Report

Bud Ullman, representing the Klamath Tribes said that the Tribes and project irrigators are continuing discussions. The Tribes and OR Dept. of Fish and Wildlife have been talking about the Upper Marsh. The Tribes continue to have subbasin meetings.

Barbara Scott-Brier, representing the National Parks Service discussed the October 14 meeting that the Parks Service had regarding Annie Creek, Williamson River and Wood Creek. Scott-Brier said there was a good turn-out at this meeting.

Other Business

Mike reviewed the agenda put together by the Administrative Subcommittee.