Klamath Basin Alternative Dispute Resolution - Meeting Summary
February 9, 1999
The February ADR meeting was held at OIT despite inclement weather and the absence of
Martha Pagel and other WRD Salem Staff. About 40 people attended the general meeting. The
Hydrology Sub-committee also met in the morning.
It was agreed to move the full agenda from the February meeting to March. It was pointed out
that the Fish and Wildlife Service Restoration Conference is being held at OIT at the same time as
the March meeting. Mike reminded everyone that he would not be at the March meeting and that
another facilitator would be needed. While some of the agenda items were discussed, the full
group will hear the same presentations and have an opportunity for discussion.
Hydrologic Information and Process
Bob Main reported to the group the intention of WRD to separate Jonathan LaMarche and Rick
Cooper, with Jonathan doing the distribution modeling, and Rick doing the natural flow
estimating. Bob also reported that, through work reassignments, WRD expects to have the
natural flow estimates available to ADR, if they choose to use them, by spring 1999. WRD also
intends to have a functioning distribution model available by midsummer. In reporting this
intention, Bob stated that it was not a final decision, though most probably it would become one,
and that comments or concerns would be welcome.
Paul Simmons expressed a concern about the lost investment and the loss of understanding of the
natural flow estimation process. He felt that being involved in the natural flow process as it
evolved was better, then problems could be ironed out along the way. He is also concerned about
loss of the HSC's influence over the application of the estimation process. Concern was also
expressed about getting the natural flow data in a timely fashion. Dick Fairco and Jim Carpenter
share the same concerns.
There was also concern that making this change did not necessarily address the concern of Ed
Bartell's and others.
Ed Bartell stated that this was not an outcome that he had asked for. He stated again his belief
that prejudicial material had already been given to Rick Cooper and he still questions the selection
of a base period.
Hydrology Sub-committee
Bob Main gave the Hydrology Subcommittee Report. It was a successful meeting in which
Jonathan reviewed his work to date, and followed it with a discussion of distribution modeling
tools. It is anticipated that Jonathan will have a modeling tool selected by the next meeting. In
response to a question, Bob stated that the claims database is still being worked on and that an
update will be forthcoming and posted on the web page. Jonathan discussed his plan for meeting
with subbasin users as he develops the model and that he intends to start with the Sycan subbasin.
He hopes to meet with these people before the next March ADR meeting.
Steve Kirk of the Department of Environmental Quality reported that the first meeting of the
Upper Klamath Lake Advisory Group was held, and that the next meeting was March 4, from 12
to 3 pm at OIT.
Finally, it was announced that the HSC will meet at 8:30 am at the next ADR meeting.
Leased Lands
Paul Simmons expressed concern that the Fish and Wildlife Service handling of the leased lands
issue will have a serious impact on KBADR negotiations. The decision and how it was reached,
without local involvement, has set back discussions, undermined trust and could affect
participation in the ADR process.
Jim Carpenter agreed and suggested that this was a KBADR issue. He felt that the Fish and
Wildlife Service had really blind-sided the people in the basin by the way they handled the issue.
The Environmental Assessment went to BOR on January 29, but no one has seen it.
No one from Fish and Wildlife was at the meeting.
Tribal Negotiations
Paul Simmons explained that the tribal negotiations are a good example of how negotiations should be handled. Although things are going slowly, the tribe and project irrigators have been meeting on a regular basis for the past year. The negotiating group has laid out objectives and is working on what end point needs to be achieved. They recognize they will not agree on all
points but feel that they are moving forward. Currently they are working on defining principles
that both sides could agree on in a settlement. Paul briefed Martha on the process the day before
the meeting. He feels there is a positive atmosphere. There is no settlement yet it will bring it
forward when there is one.
Meeting Summary Correction
There was one correction to the January meeting summary, per correspondence from Bud
Ullman. At the top of page nine it should read: "Bud Ullman noted that the Tribes do not own
the information in question..."
NOTE: The March meeting will be held at the Klamath County Fairgrounds.