MEETING SUMMARY - KLAMATH BASIN ALTERNATIVE DISPUTE RESOLUTION

Date: Tuesday, October 12, 1999

Location: OSU Extension Office, 3328 Vandenberg Road, Klamath Falls, OR

Welcome and Agenda Review - Mike Golden

Mike introduced Scott Perry, who is a third year law student at Willamette University. Scott recently worked with Water Resources Department as an author for the informational publication titled "Resolving the Klamath." He is observing the ADR process and will likely develop a report as a part of his studies. He indicated that the ADR is considered a landmark effort in resolution of environmental disputes.

Mike reviewed the meeting agenda. There were no corrections or additions to the ADR meeting notes of September 14, 1999.

Hydrology Subcommittee Report - Bob Main and Jonathan LaMarche

Bob reported on a "lively" morning meeting, at which time Jonathan had reviewed his recent work. Appropriate formats for displaying model results to the ADR were discussed.

Jonathan explained a distribution model which began at the headwaters of the Klamath Basin and progressed to Klamath Lake. He sketched a distribution model to illustrate its function. Jonathan reported that all of the components of the model above the lake are completed, with only the lake and the project components remaining. The components must then be integrated into a whole, to illustrate interaction of various supplies and demands.

Using a laptop computer demonstration of output from a model run, Jonathan demonstrated how MODSIM (the modeling program he is using) will display its output. Historical data from the last 25 years of record was used in the model. There was discussion of the elements of demand and consumptive use; historical reservoir operation and priorities/shortages; reservoir levels and project claims; and impact on the reservoir.

Jonathan will soon complete addition of data to the model. He emphasized that his presentation is only a demonstration of a project model run. It was suggested that ESA required flows below the Project be included, even though they aren't "demands" in the traditional sense. Jonathan agreed to do this.

Bob explained that the Hydrology Subcommittee had agreed on two initial model runs. The first will portray all claims in the Klamath Adjudication as originally presented (with tribal claims to be updated). The second will show every claim except instream claims. From the discussion that ensued, it was clear that many more model runs will be necessary to fully illustrate the effects of the various demands that might be made on the system.

Further discussion concerned the process by which ADR participants can request a model run. The HSC prefers that participants make requests through HSC members, who will relay those requests to Jonathan.

Contest Filing Procedures - Reed Marbut and Bob Main

Reed indicated that the Water Resources Department intends to provide a contest filing form for use by claimants and/or water right holders. He expects the form will be available on the Department's web page so that individuals will be able to download the form electronically. The form will be based on the Division 30 rules. An optional cover page will be attached to the form to provide a summary of information for a tracking data base. The Adjudicator and Oregon Attorney General are working on the form, which should be available at the next ADR monthly meeting. The Adjudicator also intends to mail the form to the claimant mailing list established for the adjudications. In addition, Reed will be sure the form is mailed to the ADR participants.

Discussion then focused on questions from the last ADR meeting that were answered in a 10/4/99 document from the Department of Water Resources titled "Klamath Basin Adjudication - Frequently Asked Questions and Answers". (Note: Copies of this document were distributed at the meeting and are available upon request.)

A number of questions were posed concerning the procedure for filing contests. Those questions were recorded and will be responded to by the Adjudicator as soon as possible (based on advice from the A.G.'s office). Note: A draft document of questions is attached to these meeting notes.

2:30 - 2:45p.m. - BREAK

Updates:

Tribes - Nothing to report.

Adjudications - (Note: See the previous "Contest Filing Procedures" section of these meeting notes.) Bob Main reminded participants that a CD containing the two-volume set of Adjudicator's preliminary findings is available upon request and at no cost from the Water Resources Department. Reed Marbut encouraged parties affected by the adjudication to make use of the resources of the temporary Adjudications office and staff in Klamath Falls. Martha Pagel displayed a hardbound copy of the two-volume preliminary findings and advised that the cost is much lower than had been originally projected. (Note: Check the Water Resources Department web site for cost: www.wrd.state.or.us)

SB1010 - Andrea Rabe reported that the Klamath Headwaters Local Advisory Committee has started writing plan sections. At their next meeting, the group will discuss a time line for Oregon Department of Agriculture approval. The Lost River Local Advisory Committee will not meet in October, but has scheduled their next meeting for November 4.

TMDL/303(d) List - Steve Kirk advised that the closing date for public comment on proposed rule revision to the Water Quality Planning and Management Regulation (40 CFR Part 130) has been extended to December 22. This will allow additional time for public comment on proposed TMDL rules. Information will soon be available from temperature data-loggers. On behalf of the Klamath Tribes, a nutrient loading study for Klamath Lake is being conducted. A public meeting will be scheduled before year's end where information will be presented.

Klamath Project - BOR - Jim Bryant reported that water use at end of the irrigation season was slightly higher than anticipated due to low precipitation. The "rich water year" was beneficial to all water users. The Environmental Impact Statement (EIS) is moving forward, through meetings being held with participating agencies. Options for consideration in the EIS are being discussed and narrowed, to be completed by the next irrigation season.

Lost River Adjudication - Barbara Scott-Brier reported that there is an upcoming telephone conference by participants on procedural motions.

Klamath Watershed Coordination Group and Hatfield Group - Jim Carpenter advised that work of the Coordination Group is on track with parties nearing agreement about a draft memorandum regarding the elements of cooperation between the Hatfield Group, the Trinity River Task Force, the Klamath River Fisheries Task Force, and the Klamath Compact Commission. The protocol is now in place for sharing information on basin-wide restoration of the ecosystem.

Jim commented on a recent newspaper article in the Herald and News that erroneously reported the Hatfield Group as endorsing a draft settlement. Jim clarified that the role of the Hatfield Group as being that of a sounding board and forum for basin-wide concerns regarding all natural resource issues. They serve only in an advisory capacity, not as decision-makers. The next Hatfield Group meeting is scheduled for November 8 at Oregon Institute of Technology,

from 5-7:00p.m. in the Sunset Lounge.

Other Business

1. Bud Ullman asked whether Roger Nicholson had made any comments to the group about withdrawing from the ADR process. Martha Pagel responded that Roger had advised her of his decision.

2. At this time, there appears to be agreement that no December ADR meeting will be held. This will be discussed again at the November 9 meeting. Negotiating groups are encouraged to continue their meetings.

There being no further business, the meeting was adjourned at 3:15p.m.