Klamath Basin Alternative Dispute Resolution Meeting Summary

August 11, 1998

UPDATE ON COORDINATION OF WATER QUALITY AND QUANTITY ISSUES:

The first agenda item was a follow-up discussion of the water quality/quantity issue. At the last meeting, WRD handed out a draft Memorandum of Agreement (MOA) between WRD, DEQ and ODA. The intention of the MOA was to outline coordination of water quality responsibilities in the ADR. No action was taken at that time. Since the last meeting, concerns were brought to Martha's attention regarding the MOA and SB 1010 process. The concern was that the ADR work could impact a process already in place. Martha recommended that the group abandon seeking an MOA and take no further action. However, there was recognition that water quality issues will still come up in this process and that the group may want to take up the issue of an MOA at a later date.

There was considerable follow-up discussion.

The main concerns brought forth to Martha were that adoption of an MOA could erode the trust and spirit of cooperation in the SB 1010 process. Coordination is already taking place.

Others thought that an MOA would be a helpful tool in formulating a settlement agreement and provide a timeline and framework to work within.

As a result of the discussion, ODA and DEQ were asked to brief the ADR group each month on their coordination efforts. ODA will also give an additional presentation on the SB 1010 process. The Klamath Basin will begin the SB 1010 process this fall, bringing together farmers and ranchers to develop a Water Quality Management Area Plan to identify water quality problems in the watershed that need to be addressed and outline ways to correct them.

While the water quality topic invited a lively discussion, Mike Golden kept the group to the agenda item and offered that the Tribe's presentation may be the forum to discuss water quality issues. The other option is to make it a future agenda item.

WATER SUPPLY INITIATIVES AND TRACKING REPORT:

Gary Baker of the BOR was invited to provide additional information on the Klamath Basin Water Supply Initiative. Last October the study group put out a draft of water supply initiatives and a final draft was mailed a few weeks ago. Copies of the report were available to the group. Gary's presentation closely followed a handout that was provided. (Copies of the handout are available on request.)

The Supply Initiative recommended 26 options for additional study. Some can be implemented under existing authorities while authorization and funding will be required for others. Funding for feasibility studies could be paid by a variety of sources. The BOR is looking internally for funding and it is hoped that other agencies will embrace options and provide funding as well.

WRD reiterated its commitment to putting together a tracking report of water supply options with notations on their progress.

UPDATE ON CLAIMS DATABASE:

Reed gave a brief presentation on how the claims database is coming along. Great progress is being made and soon every detail of every claim will be available to the public. Complete reports should be ready by the end of September. At this time, points of appropriation are complete on 95% of the claims, and priority dates and acreages are about 50% complete. There are currently three full time people dedicated to completing the database. It should be noted that the databases are not legal documents, since they are subject to change and could contain errors. One would have to go to the claim file at WRD to see the legal claim.

At the next meeting, Reed will provide information on instream water rights as well as the database fields. He will also check with staff to see if the claims database will be accessible on WRD's web page.

Timing of this database does not affect the adjudication. Currently, adjudication staff is working on federal claims, all private claims are complete.

It should also be noted that current owners should be in the database but their names may not be on the permits or certificates. Reed has been working with County Assessor's Office to identify the most current tax lot information.

Expected flows and hydrological information will not be included on the data base. Gage records are available on the web page. Barry Norris suggested going to the surface water section of the web page and click on the basin you are interested in to get information. The web page address is: www.wrd.state.or.us

HYDROLOGIST INTRODUCTION AND UPDATE:

Barry Norris of WRD introduced Jonathan La Marche. He was selected by an interview team of WRD region managers. Jonathan is a licensed mechanical engineer and is finishing a Master's Degree in hydrology and engineering. He will work out of the Bend office, starting in mid-September, and will take direction from the hydrology sub-committee.

Jon's position is funded by the BOR to serve the ADR process.

CLAIM PRESENTATIONS:

USFWS - Tule Lake and Lower Klamath National Wildlife Refuges:

There are 350,000 acres of historical wetlands and currently there are 113,000 acres of wetlands in the Refuges. These are a part of the Pacific Flyway and the Refuges provide a very important staging area for migratory birds.



Tule Lake Refuge Claims:

The Tule Lake National Wildlife Refuge was established 10/4/28 as a refuge and breeding ground for birds. There are over 200,000 visits annually from recreational users. Part of the refuge encompasses agricultural lands used for waterfowl management and agricultural purposes.

There are two types of claims, which are not additive. They are:

State Vested Right - Priority Date is 5/19/05 and uses include irrigation of marsh vegetation and agricultural products at a rate of 2.5 acre feet per acre per year. The rate is based on the Lost River Decree, Oregon crop watering guide and Oregon hydrology report. Maximum diversion rate is 249.5 cfs and the maximum amount is 49,902.3 acre feet per year. The total irrigated acres is 19,960.9 acres.

Federal Reserve Right - This is for a larger area, for more water and more uses.

Rate of consumptive use is on average 3 af/a/yr. (2.43 to 3.83 af/a/yr.)

Total acre feet: 100,561.4 af/yr.

Total acres: 30,802.9 acres

Figures were calculated by looking at existing habitat and projected needs. There is permanent vegetation, open water and crops. The rate was determined by multiplying the acres by the rate of consumptive use for the habitat type, then multiplying the product by a salinity factor of 1.21. The rate of consumptive use for open water is 3.83 af/a/yr., for permanent vegetation 2.43 af/a/yr, and for crops, 2.5 af/a/yr.

There is no claim for the elevation of Tulelake and no certificate from the Lost River Adjudication.

Lower Klamath Refuge Claims:

Lower Klamath Refuge was the first waterfowl refuge and was established August 8, 1908. Land was added in 1944, 1949 and 1964 and is currently about 32,000 acres of wetlands. It is home to 50% of the waterfowl in the basin. Its source of water is the Klamath River and Upper Klamath Lake from the BOR project and return flows.

To establish the claim the same methodology was used. The priority date for the state vested right is 5/19/05. The priority date for the reserved right is 1908 or the later reservation dates. The maximum diversion rate is 383.6 cfs., not to exceed 76,715.3 af/yr for a total of 30,686.1 acres.

Federal Reserved Claim: 37,509.9 acres with a rate of consumptive use on average 3 af/a/yr. (2.43 to 3.83 af/a/yr.)

Rates of consumptive use for habitat types are the same as for Tule Lake. The rates are as follows:

3.83 af/a/yr - open water

3.08 af/a/yr - seasonal marsh

2.5 af/a/yr - grains/pasture

2.43 af/a/yr - permanent vegetation

Unit 13 Project - Lower Klamath Refuge

The refuge faces potential water shortages in low water years. There is a proposal to add storage at Unit 13 to capture and store unappropriated waters from October to April. This project is included in the Water Supply Options Report. The USFWS is seeking a new water right for about 40,000 af of water from the Klamath River and Tule Lake/Lost River to store about 4,000 acres. The purpose is to help maintain the permanent wetlands on the refuge.

USFWS is unsure how much this will off-set demand on the refuge in the summer. It is also possible that arrangements could be made to trade this storage for agricultural uses, but that is not being analyzed at this time.

National Park Service

The National Park Service (NPS) is seeking claims for Crater Lake National Park. The NPS has 21 Federal Reserved Right Claims for instream and out of stream uses on 10 creeks and an instream claim for Crater Lake itself. Crater Lake has no surface outlets.

Instream Claims:

The instream claims are for keeping water in the system, not taking away from existing users. NPS is responsible for preserving all natural objects in the Park in their natural state as well as preserving scenic beauty. The instream right for Crater Lake is for its natural lake level.

Priority dates range from February 1, 1886 to December, 1980.

Out of stream claims are to operate and administer operations in the Park. There are domestic and administrative uses, wildlife watering and fire protection. The rate claimed in all of the sub-basins, except Annie and Sand Creek, is diminimus, .1af/yr. and one cfs as needed for fire protection.

Annie and Sand Creek:

Rate: 1 cfs as needed for fire protection

Sand Creek: .06 cfs, maximum .95 af/yr, plus some storage.

Annie Creek: .34 cfs, maximum 63.2 af/yr for present and future uses with some storage.

Private Claims:

Private Claims were summarized by Reed Marbut and are attached.

Allottees:

Paul Hamai presented the Allottee claims.

The Allottees have claims to tributaries of the Wood River and 5 claims to Agency Lake. Claims include current and practicably irrigable acreages. The most common use of water is for agriculture. The priority date for all claims is 1864.

Agency Creek: 172 acres - 708 af/yr

Crooked Creek: 145 acres - 472 af/yr

Fort Creek: 280 acres - 1122 af/yr

Agency Lake: 119 acres - 406 af/yr

The Allottees will have maps and more information in upcoming meetings.

BLM Stockwatering Claim:

The BLM has two types of claims:

Public Water Reserves are for springs and water holes on public lands for human and animal consumption and have been reserved by Federal actions (PWR 107). There are 51 claims for developed and undeveloped springs with a priority date of 4/17/25. In the BLM Lakeview District there are three developed and one undeveloped spring. In the BLM Medford District there are 40 undeveloped claims and seven developed claims. The water right claim form has the quantities and other elements.

There was a question of whether any of the springs tributary to surface water? Reed referred participants to Oregon Revised Statutes for a definition of "springs" under state law. Questions regarding the nature of the water right were referred to PWR 107.

OTHER BUSINESS:

Sub-Committee Reports:

Hydrology Sub-Committee: Steve Sweet reported that the group discussed Jon's job description and began arranging tours of the basin. They reviewed federal and state data that has been turned over to subcommittee. They decided that Jon will have to determine natural stream flows and develop an operating model to handle questions.

Administrative Sub-Committee:

1. Date of September meeting has been changed to Wednesday, September 9.

2. Date of October meeting has been changed to Wednesday, October 14.

The next round of claimant presentations will focus on the Sprague, Sycan and Williamson. Presentations will be scheduled for the Klamath Tribes, The Nature Conservancy, U.S. Forest Service, Allottees and Private Claimants.

Mike Golden is going to put together a status report on the progress of the ADR process and we will set time in the agenda to discuss it.

There was some discussion around the formation of negotiating groups. Time will be devoted at the next meeting to discuss this issue.

The Administrative Sub-committee also discussed a mass mailing to claimants and interested parties describing the ADR process. The Operating Principles dictate the notification process. WRD's goal is to get a broader mailing out before the next meeting and will include a draft agenda.