MEETING SUMMARY - KLAMATH BASIN ALTERNATIVE DISPUTE RESOLUTION
Date: Tuesday, November 9, 1999
Location: OSU Extension Office, 3328 Vandenberg Road, Klamath Falls, OR
Welcome and Agenda Review
Mike Golden reviewed the meeting agenda. There were no corrections or additions to the ADR
meeting notes of October 12, 1999.
Hydrology Subcommittee (HSC) Report
Jonathan LaMarche reported on the morning HSC meeting, and the discussion that took place.
The HSC reviewed four items in their meeting: 1) KPOP and MODSIM model results
comparison for simulations with Tribal lake and Hardy flow constraints, 2) general MODSIM
model setup for the entire Klamath Basin, 3) results from the first basin-wide MODSIM model
run and how to present future results, 4) consumptive use estimate methodology for each of the
sub-basins within the Klamath.
Jonathan illustrated the results of comparing the data from KPOP and MODSIM, using overhead projection of:
"Modeled and Minimum Lake Elevations"
"Yearly Modeled Agricultural Shortages using Hardy Flow and Tribal Lake Constraints"
"New (2) Hardy Flow Shortages at Iron Gate"
Jim Bryant commented that the HSC was pleased that the two model runs yielded results that
were closer than had been anticipated. The HSC requested that Jonathan prepare a brief written
report for the next ADR meeting. At the October meeting of the HSC, the group had requested
that Jonathan run a model including all claims and also one with all claims except instream
claims. That report should be completed soon.
Jonathan reported that the initial model run for historical water usage and shortages with
instream claims had been completed. He also commented that the output of the run would
produce over 700 graphs for all combinations of months, sub-basins and users. He discussed
with the HSC how to disseminate the amount of information into a usable format for the ADR
group. The HSC had decided to present only yearly shortages for each priority group of users in
each sub-basin at the ADR meetings. However, the full results would be accessible via a
spreadsheet available on the WRD web site. The spreadsheet would show the monthly shortages
by year, by sub-basin and by priority date.
Barbara Scott-Brier suggested that to avoid any confusion on the WRD website, that information
the ADR hydrologist places there (or releases in hard copy) be marked as "Information Prepared
for the Klamath Basin Alternative Dispute Resolution Process" and also marked as not
admissible in legal proceedings, pursuant to ADR Operating Principle 7.2, without the consent of
the affected participants, ADR Operating Principle 7.3.3(3). The ADR group concurred with this
suggestion.
There was clarification about the procedure for requesting model runs. HSC members will
continue to accept those requests to be relayed to Jonathan. If the workload becomes too heavy,
Jonathan will ask for direction from the ADR.
Subcommittee and Negotiating Group Reports
Administrative Subcommittee - With no objection to the recommendation of the Subcommittee,
there was consensus of the ADR group not to meet in December. The next meeting will be
Tuesday, January 11, 2000, at Oregon Institute of Technology, 3201 Campus Drive, Klamath
Falls, Oregon.
Mike Golden will draft the annual ADR report which will address the current ADR status,
benchmarks, and will describe goals for 2000. This will be mailed prior to the January meeting.
Williamson Area Negotiating Group - Elwood Miller reported that at the next Williamson
negotiating meeting, the Klamath Tribes plan to present revised settlement information for the
Williamson and Sprague, but not the Marsh. Becky Hatfield-Hyde commented that the
Williamson group is optimistically looking forward to the next meeting when they will review
information presented by the Tribes. (Note: No Williamson Group meeting was held in
December.)
Annie Creek/NPS Negotiating Group
Barbara Scott-Brier reported that a number of Annie Creek ranchers have decided to withdraw from the negotiating group at this time. Although a brief meeting was held that morning, it was decided that there was not enough participation to continue the meetings. For now, Annie Creek meeting reports will be removed from the ADR monthly agenda.
Discussion of Contest Filing with Questions and Answers from October 12 ADR Meeting
Reed Marbut commented that on October 4, 1999, the Adjudicator had mailed out the
preliminary evaluation of claims. Reed emphasized that the preliminary evaluations were
intended to portray the current analysis of each claim. Claim deficiencies identified in the
preliminary evaluations were expected to be resolved through the contest process. The Klamath
Falls location of the Open inspection period closed November 5. The Salem Open Inspection
portion will begin on November 15 in Salem. The Open Inspection will close January 14, 2000.
(Note: The Adjudicator has decided to extend the open inspection period through March 31,
2000.)
The Department's suggested contest forms, with instructions, are expected to be available by the
end of November. The contest forms and instructions will be placed on the Department's web
page to allow parties to download the forms into a word processing document. There will be two
types of forms: one form to be used by claimants to contest one's own preliminary evaluation;
and the other form to be used for contesting someone else's claim and/or preliminary evaluation.
In response to questions, Reed stated that:
Reed Marbut, who in turn prepares and presents them to the Adjudicator for response.
The following additional questions for the Adjudicator were submitted by those in attendance:
6. Can multiple contests be mailed together in one envelope/package?
There was a request that the details of service be clarified (e.g., a "boilerplate" example in the
contest instructions).
Answers to the above and other prior questions will be provided by the Water Resources
Department at the January 11, 2000 ADR meeting.
Updates
Tribes - Bud Ullman reported that the Tribes are preparing information for contest filing. Data is
being finalized for the next meeting with parties involved in the Wood River, Sprague and
Williamson negotiations. Reed Marbut offered assistance from WRD in sending out a
notification for the meeting scheduled at the Tribal main office on November 29. At that
meeting, there will be discussion about amending claims and potential settlements.
Adjudications - See Reed Marbut's presentation during the earlier agenda item titled "Discussion
of Contest Filing with Questions and Answers from the October 12 ADR Meeting."
SB1010 - The Klamath Headwaters Local Advisory Committee is working toward completion of
a plan by the end of the year.
TMDL/303(d) List - The public comment period on the proposed rule revision to the Water
Quality Planning and Management Regulation has been extended to 1/20/2000.
Klamath Project - BOR - Nothing was reported.
Lost River Adjudication - Paul Simmons reported that there was an additional hearing on
October 29 on the U.S. Motion to Dismiss, but no decision has yet been announced.
Klamath Watershed Coordination Group and Hatfield Group - Jim Carpenter advised that the
Coordination Group is nearing the point of obtaining signatures to a cooperative agreement that
will be forwarded to the Secretary of the Interior for review. That agreement will contain goals
of the various groups toward accomplishing basin-wide restoration of the ecosystem. Alice
Kilham commented on the continued need for coordination and cooperation.
Other Business
1. Mike Golden reminded everyone that there will be no ADR Meeting held in December.
2. The January 11, 2000, ADR and Subcommittee meetings will be held at Oregon Institute of
Technology, 3201 Campus Drive, Klamath Falls, Oregon.