MEETING SUMMARY - KLAMATH BASIN ALTERNATIVE DISPUTE RESOLUTION
July 11, 2000
Welcome
Mike welcomed the participants. The June 13, 2000, meeting summary was reviewed and
approved with one minor modification. On Page 6 of the June summary, Ed Bartell noted that
his comment should read, "... people would have problems with the package." Therefore, Ed's
comments about the Settlement Framework and its water budget concepts at the June 13, 2000,
meeting should read: "Ed feels people would have problems with the package."
Reed introduced Paul Cleary, the new Water Resources Director. Paul spoke briefly to the group
about his new role as Director and his support for the ADR process.
Hydrology Subcommittee Report
Bob Main reminded everyone that Jonathan LaMarche's funding runs out at the end of
September.
Jonathan said that for the next couple of months he'd be working on a document that summarizes
his work in the Klamath. In addition, he will be taking stream measurements at different
locations on the Sycan, Upper Williamson, and Sprague.
He is currently finishing work on a model run for the Upper Williamson Working Group.
Bob Main asked if there were any model runs that anyone would like to have done. Is so, let
Jonathan and/or Bob know.
Bob said that a design for a gaging network needs to be done even if it can't be implemented.
Steve Kirk (FLIR), DEQ, gave a Power Point presentation on FLIR (Forward Looking Infrared
Radiometry). Pictures were taken that depict water temperatures. This information is available
on CD (11 total).
The information that was presented consisted of the following:
For more information on TMDL and Water Quality Management Plan documents prepared for
waterbodies designated as water quality limited on the 303(d) list, the web site is:
http://waterquality.deq.state.or.us/wq/TMDLs/TMDLs.htm.
Steve also has a Consultant's report if you are interested.
Contest Filing Report
Reed Marbut, discussed the contest filing report figures. (A copy of the contest filing summary
is attached.) There were a total of 5654 contents filed. The Contest database is in the waiting list
to be added to the Department's web site as soon as possible.
Reed brought a sample of the database on a laptop computer and showed the group what it looks
like and how it works. The Database will show you the Contest Number, data received, claim
contested along with other pertinent information. He encourages everyone to visit the web site
and use the database and come back to the next meeting with comments.
If any claimant, contestant or participant needs information on specific contests, they will need to
contact the Salem Office. Either Cory Engel or Gerry Clark can help with inquiries.
Several participants asked if dates for contest hearings had been set. No schedules for contest
have been developed to date. The Adjudicator does not envision developing a case management
schedule for several months. And, he has indicated that he would like to see negotiated
settlements of contests wherever possible. He intends to contact individuals who have contested
their own Preliminary Evaluation to see if settlement is possible without scheduling a hearing.
The contest database will have a field or fields for case management as needed. We hope to keep
the database in as simple a format as possible to be sure it is available for general use.
Discussion of Questions and Answers and Adjudication Update
Copies of the Contest Questions were made available at the meeting. At last count there are 72
questions. Question # 42 has not been answered.
Question #42 is as follows:
Is the Circuit Court proceeding a trial de novo?
Meg Reeves said that the Department will attempt to answer Question #42 before the next
meeting.
Shirley Kerns asked is a new adjudicator will be appointed since the Water Resources
Department has a new director? Reed said that the former Director (Martha Pagel) had delegated
the adjudication to Dick Bailey, and it is at the new Director's (Paul Cleary) discretion to either
leave the delegation in place or reassign the duties of the Adjudicator. Paul indicated that he has
no plans to change the delegation.
Dividing-The-Waters ADR Workshop Follow-Up Report
Reed Marbut gave a follow-up report on the Dividing-The-Waters Workshop that was held in
Klamath Falls on June 27 and 28, 2000. The Workshop was well attended by ADR participants.
The people who put on the Dividing-The-Waters workshop are interested in working with the Klamath ADR participants in some sort of follow-up. It has been suggested that a two-day follow-up workshop with focus on specific Klamath issues would be helpful. The same facilitators that put on the June Workshop in June would be asked to assist with the follow-up workshop. Several participants suggested that a follow-up workshop not be scheduled until after harvest season in the fall.
The Dividing-The-Waters representatives are interested in helping with funding a follow-up
workshop. Reed will continue to work with Dividing-The-Waters people on follow-up issues.
He will work with the local community on the structure and timing of the workshop.
Settlement Framework Follow-Up (Participant Comments)
Mike Golden - Asked if anyone had comments or corrections to the draft Settlement Framework.
Paul Simmons said that project water users feel that a sub-group (subcommittee or negotiating
group) to work on the framework would be appropriate. He indicated that his clients feel that
process issues are more important right now than substance. He said that everyone involved
needs to agree to what is being discussed. The project users would like to be involved. The
make-up of the subcommittee or negotiating group is critical.
The substance of the framework needs to be the subject of negotiation as well.
Ed Bartell said that he feels it is premature to go forward with a framework at this time.
Barbara Scott-Brier said that the ASC visioned the Settlement Framework as a general concept,
only a starting point.
Paul said that there were items that were brought up orally that are not in the framework and
would like more input. Barbara asked Paul to put together a list of what was left out.
Mike Golden asked that people submit written comments on the framework by the next meeting.
Wally Watkins suggested creating another subcommittee that communicates back to the ASC.
Rick Glick suggested that small groups of people consisting of individuals who can make
decisions be established to send representatives to a framework subcommittee.
Kip Lombard said it would help those who were not at the ASC meetings to know what was
talked about. For example, where issues not discussed because there was no agreement.
Reed Benson asked if there was a more central negotiation that is basin wide.
Mike Golden said that the ASC is open to the public. If someone is interested in coming to these
meetings, they are welcome.
The following is a list of framework items discussed at the ASC meeting:
1. Develop a process
2. Need to be function of negotiation group
3. Who has sign off on it
4. How do feds fit in
5. UBWG working on same concepts and have same interests
6. Concerns with some individuals concepts
7. Those are concepts - starting point
8. List of what couldn't be agreed to
9. Settlement forums outside ADR
10. Send new concepts to ASC by next meeting
11. New subcommittee
12. Use Dividing-The-Waters tohelp
13. When do lower river tribes need to be involved
14. Do we want to solve Adjudication only or other issues also
15. All at table or scoping
16. Smaller groups from reps from each interest
- address topic
- bring recommendations to full group
- by subject matter or subbasin
17. Needs to be a document that stimulates discussion or settlement
- not a basis for argument
- proceed or drop depending on group
18. One big settlement is not a necessity
- settling claims is important
19. Have a laundry list of concepts that negotiating groups can use but not be bound to
20. Do we want to have a bigger basin-wide settlement
Water Augmentation Legislation (Federal)
Paul Simmons said that Senator Smith is planning to introduce legislation to make more water in
the basin. A few years ago, the Compact Commission and the Bureau put together a list of 80+
possible enhancement projects and increase water supplies. Two years ago, the Klamath tribes
and project water users, jointly wrote to the Secretary of Interior identifying projects which
appear to have the most promise. A year later, the tribes and irrigators shared the progress they
had been making with Interior officials. The consensus was that it is better to have more water to
work with.
The legislation would authorize specific investigations throughout the basin in regards to water
quality and quantity augmentation. Legislation would authorize a feasibility study regarding
these issues and implementation of projects after studies in compliance with applicable law.
This legislation would also mean some increased visibility from the basin and maybe a foot in
the door to make things happen. Hearings could be as early as the end of July.
Updates
Williamson Group
Kip Lombard, summarized that morning's meeting. The Tribe submitted new list of concepts for
settlement. There was a consensus to discuss the concepts. There was general optimism that the
tribes made a significant move. The Williamson Group will meet again in a couple of weeks.
The Discussion hopes to become more focused.
Klamath Project update/near term legislation
Jim Bryant said that cool weather has helped to meet that July 13 elevation on the lake. Things
are rolling along.
Fish and Wildlife Service
Barbara Scott-Brier said that the Fish and Wildlife Service finished Phase I Study and things
look promising. Wells have good production. They are in the process of going into the next
phase on where to put test wells in basin.
Fish Kills
Troy Fletcher, Yurok Tribe, gave an update on fish kills. There have been articles written on this
issue. There are 1000's of fish, mostly Chinook Salmon and hatchery salmon, observed to be
dead. The fish kills are attributed to the river being to high. The river is being more actively
monitored this year. The Yurok Tribe has discussed that they will look at what data is out there
and focus more on this issue during the next water year.
Other Business
The ASC will meet immediately following this meeting.