Attention Klamath Tribal Members! The following attachment/ information is being provided by the Negotiating Team and Tribal Council, as a final step in helping assist any of our Membership who have not yet returned their Referendum Ballot, which is due at the Chiloquin Post Office by 9am on April 9th, 2014! Questions can be directed to our Team at: Vivian at 541-880-8794 or Don at 541-892-1433 or Jeff at 541-591-8043 or Kathy at 541-281-1474 or Annie 541-891-5971 or Taylor at 541-891-3686. WHAT DOES MY VOTE MEAN? WHAT DOES A ‘YES’ VOTE MEAN? A YES vote means that you approve the Proposed Upper Klamath Basin Comprehensive Agreement and approve and direct the Klamath Tribal Chairman to sign that Agreement. A YES vote means that the legislation introduced by Senator Wyden will include the negotiated benefits in the Upper Klamath Basin Comprehensive Agreement, the Klamath Basin Restoration Agreement (KBRA) and the Klamath Hydroelectric Settlement Agreement (KHSA), resulting in the following: Under the Upper Klamath Basin Comprehensive Agreement (UKBCA) 1. If (a) the Agreement is approved by Klamath Tribal members, (b) legislation is successful and (c) all of the contingencies of the Agreement are satisfied, the settling parties will stop challenging the Klamath Tribes’ time-immemorial water rights. The Klamath Tribes will conditionally withdraw those unsuccessful off reservation water claims that are covered by the Off-Project Area. 2. The Klamath Tribes will receive a $40 million economic development fund that will be held in trust by the United States plus $1 million per year paid directly to the Klamath Tribes for each of the next five years ($5 million). 3. In-stream flows will be increased in tributaries to Upper Klamath Lake by reducing irrigation water use. The total flow increase into Upper Klamath Lake will average 30,000 acre feet per year. 4. Tribal calls for water rights regulation within the Off-Project Area will be made to Call Thresholds that fluctuate with the wetness or dryness of each year. Failure to meet these criteria will reduce the water available to irrigators in the Off-Project Area. 5. Off-Project Irrigators will retire water rights on up to 18,000 acres of irrigated land to permanently reduce irrigation diversions from rivers and streams in the Upper Basin. 6. Off-Project Area Irrigators will enter into permanent riparian (that is, riverside) management agreements on approximately 223 miles of Upper Basin rivers and streams. These riparian management agreements will be attached to property deeds, so they will be permanent, even if the property is sold. These agreements will specify management and restoration actions necessary to produce healthy riparian plant communities, which will improve the health of the rivers and increase their ability to produce and sustain Treaty resources. 7. Those Off-Project Irrigator wells having the greatest impact on in-stream flows will be subject to regulation. 8. The full strength of the Klamath Tribes time-immemorial water right will be retained at the level specified in the Final Order of Determination (FOD), and can be used to enforce compliance with commitments made by Off-Project Irrigators. 9. The State of Oregon, in collaboration with the Klamath Tribes, will establish four new public fishing access sites - one each on the Wood River, Williamson River, Sprague River and Scan River – which provides additional areas where Tribal members can exercise their Treaty rights. The establishment of these sites will not limit or impact where Tribal members currently exercise Tribal rights. 10. In addition to the job opportunities that will result from Tribal economic development, including the acquisition of Manama Forest provided for in the KBRA, an additional Jobs Program will provide opportunities for 10 – 20 Tribal members to develop the skills and expertise for sustainable ranch management and habitat restoration in the Upper Klamath Basin. 11. Aquatic, riparian and terrestrial restoration will set the stage for healthier fish populations and the reintroduction of salmon and steelhead to the Klamath Treaty Rights Area. 12. In exchange for the benefits coming to the Klamath Tribes in the KBRA, the Klamath Tribes conditionally released certain claims against the U.S. No new types of releases are provided to the U.S. in the UKBCA; the releases in the KBRA are simply extended to include the UKBCA. 2 13. The UKBCA will not become permanent, and release of claims against the US will not occur, until after the following things beneficial to the Klamath Tribes happen: o Authorizing legislation that is materially consistent with the KBRA, KHSA, and UKBCA passes Congress. o The Klamath Tribes notify the U.S. of our willingness to proceed with the UKBCA, either by confirming that such legislation is materially consistent with this Agreement, or by confirming that they are willing to proceed with the Agreement despite the material inconsistency, or by ratifying an amended Agreement. o Federal funds have been appropriated and made available for the economic development and transition funds in the UKBCA. o Federal funds have been appropriated and made available for the water, fisheries, and tribal sections of the KBRA. o Non-federal funds needed to fully implement the UKBCA have been provided. o The obligations of each sub-region in the Off-Project Area have been met for: Reducing irrigation to the extent necessary to increase in-stream flows by a combined total of 30,000 acre feet. Enrolling 80% of the eligible river mileage in permanent riparian management agreements. Under the Klamath Basin Restoration Agreement and the Klamath Hydroelectric Settlement Agreement (previously approved by General Council referendum; to be included in legislation introduced by Senator Wyden if the UKBCA is approved) Through the KBRA, the Klamath Tribes will directly receive approximately $102.3 million in funding, including $21 million for acquisition of the Mazama Forest, $21.8 million for aquatics and uplands management, $250,000 for economic development studies and $59.25 million to implement specific ecosystem restoration and monitoring projects. Through the KHSA, the lower 4 dams on the Klamath River that presently prevent salmon and steelhead from returning to the Upper Klamath Basin will be removed, maximizing the likely success of restoring salmon and steelhead to our homeland. WHAT DOES A ‘NO’ VOTE MEAN? A NO vote means that the Klamath Tribes are refusing to approve the Upper Klamath Basin Comprehensive Agreement, which will also mean that the Klamath Basin Restoration Agreement (KBRA) and Klamath Hydroelectric Settlement Agreement (KHSA) which the General Council already voted to support, would almost certainly not be authorized or funded. Other impacts of a NO vote: * The Klamath Tribes would be forced to continue costly litigation to protect our current time-immemorial in stream water right in Klamath County Circuit Court, and after that in the Oregon State Court of Appeals, the Oregon Supreme Court, and the U.S. Supreme Court, facing the risk that the size and extent of our water right would be diminished. Legal and political battles would likely continue between the Tribal and irrigator communities. The Klamath Tribes will NOT receive $45 million for economic development and would likely receive only a small proportion of the $102 million identified in the KBRA for fisheries, water, and tribal programs. Aquatic, riparian and terrestrial restoration would be limited, increasing the likelihood that our fish populations will continue to decline and the habitat in the Upper Klamath Basin would be less likely to support salmon or steelhead. Removal of the lower four dams on the Klamath River would be unlikely. Many of the jobs and economic development opportunities for Tribal members, Tribal contractors, and Tribal programs associated with the settlements will be lost.
Posted on: Wed, 02 Apr 2014 01:28:52 +0000
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