Magistrate Judge issues recommendations in litigation challenging past Klamath Project operations

The following is a press release from the Klamath Water Users Association.

KLAMATH FALLS, Ore. - On Sept. 11, 2023, Magistrate Judge Marke Clarke released findings and recommendations in two lawsuits by the Klamath Tribes against the U.S. Bureau of Reclamation's Klamath Project operations. The Klamath Water Users Association, siding with Reclamation, argued the 2021 and 2022 operations complied with the Endangered Species Act (ESA).

The Magistrate Judge’s report found Reclamation adhered to the ESA in 2021 but breached the statute in 2022. District Court Judge Michael O’Shea will review the findings and any party objections before issuing a final decision.

Both cases centered on Reclamation's use of an Interim Operations Plan (IOP), which both KWUA and the Klamath Tribes have criticized. During 2021 and 2022 droughts, Reclamation adjusted IOP operations after consulting federal fisheries agencies. The Klamath Tribes alleged these changes violated the ESA concerning two endangered sucker species in Upper Klamath Lake.

In 2021, Klamath Project irrigators couldn't divert water, leading Reclamation to allocate water between Upper Klamath Lake suckers and California's Klamath River coho salmon. In 2022, irrigators received about 20% of their irrigation water needs, a move that the Magistrate Judge deemed an ESA violation.

The impact of a district court agreement with the Magistrate Judge’s findings remains unclear, as any ruling would only state that there was a past violation in 2021.