Oregon Magistrate Judge Rules in Favor of Klamath Tribes, Finding Federal Violation of Endangered Species Act in Water Allocation Dispute
In a significant legal development, an Oregon Magistrate Judge has sided with the Klamath Tribes, determining that the U.S. Bureau of Reclamation violated the Endangered Species Act by misallocating limited water supplies from the Upper Klamath Lake. This violation has had adverse effects on endangered sucker fish and other aquatic wildlife.
The ruling, encompassing 52 pages of findings and recommendations, revolves around whether the federal government breached the law by allocating water for irrigation purposes despite being aware that it couldn’t meet its obligations under the Endangered Species Act concerning the endangered sucker fish in the Upper Klamath Lake, situated in the southern Oregon portion of the Klamath Basin.
Judge Mark D. Clarke’s decision underscores that the rights of irrigators are subordinate to the bureau’s obligations under the Endangered Species Act, as well as the tribes’ fishing and water rights. The two endangered species in question, known to the tribes as C’waam and Koptu (Lost River and shortnose sucker fish), hold significant cultural and spiritual importance for the Klamath Tribes, with their populations dwindling substantially since their listing as endangered in 1988.
The case highlights the ongoing challenges in the Klamath Basin, including drought conditions and the impact of water allocation on tribal rights, environmental conservation, and agricultural interests. The judge recommended that the bureau’s actions did not adequately consider the environmental consequences, particularly in relation to sections seven and nine of the Endangered Species Act.
This ruling has far-reaching implications and sets the stage for further legal proceedings and discussions surrounding water allocation in the Klamath Basin.