KLAMATH HYDRO and
KBRA AGREEMENTS (DAMS): On April 1 at the Yreka Community Theater, the Board of
Supervisors will be holding two public hearings to decide whether or not to sign the HYDRO
(dam removal assessment process agreement) and KBRA (Klamath Basin Restoration Agreement.)
http://www.co.siskiyou.ca.us/bos/kbra.htm One meeting will be in the afternoon and one in
the evening where public comment will be taken. (Speakers will be limited to three minutes
or less and written comments are also welcome.)
The document has already been
signed by the States of California and Oregon, as well as PacifiCorp. The final actual signature by
the federal government requires passage of legislation by Congress. Humboldt and Klamath Counties, several tribes, environmental and other organizations
have also signed. The agreement does not require Siskiyou County’s
signature to go forward.
The HYDRO agreement directs
that studies be done by the end of March 2012. The Secretary of the Interior will use the
studies to look at the costs and benefits of removing the dams and make a decision on dam
removal. If it is decided that the dams will come out, they would be slated for removal in
2020.
Siskiyou County has been promised that the Secretary will follow the
public NEPA (National Environmental Policy Act) process in making his decision. If this is
done, it should include a full analysis of alternatives such as fish by-pass proposals and
fish ladders. Under NEPA, the public will have opportunity to participate and to submit
comments. The assessment should also look at the potential toxicity of sediment and how
release of that might affect downriver communities and the environment. NEPA also provides
an opportunity for coordination - direct government to government meetings and examination
of consistency with local plans and laws. One of those laws is our local “Demolition
Ordinance,” which requires a conditional permit for the demolition of large
structures. The HYDRO Agreement also states
that CEQA (California Environmental Quality Act) process will be followed.
Because of many past
incidences in the Klamath of for hire “advocacy science,” less than robust
science, failure to study important impacts and apparent irregularities in the science, Siskiyou County
has contracted with a respected firm to examine the assumptions, protocols and reports of
the scientific process for integrity. Initially, we have focused on the sediment issue. We
have also asked for funding to fully participate in the process and for completion of a
cumulative social and economic study to examine how state and federal regulations and
decisions have impacted the county. With the exception of a small grant to review the
sediment studies, we have so far been denied.
Questions have been raised to
the California Attorney General’s (AG) office as to whether the California
Environmental Quality Act requires an environmental impact assessment as the KBRA commits
to changes in land and water use that could affect the human and physical environment.
Also, there is a question whether a County can be a part of a multi-state agreement.
Unfortunately, the AG’s office has stated that it cannot provide an opinion as it is
representing the State of California, which poses a conflict of interest.
It is my understanding that
the federal government did not officially sign the agreements because they must have a
waiver of the corresponding National Environmental Policy Act (NEPA) environmental impact
assessments to do so, and that requires federal legislation. This legislation is currently
being drafted by PacifiCorp and others. Most likely, it will be carried by Congressman
Thompson. The HYDRO agreement specifies what should be in the legislation. Our County Counsel
is watching to make sure that the process is not exempted from important provisions such
as NEPA and coordination.
Various groups signing the
agreement stand to gain many tangible benefits. The Department of Fish and Game has stated
that the benefits to Siskiyou County from signing the agreement are simply more salmon,
(which is debatable.) However, a large number of the negative impacts in the agreement
will fall heavily on Siskiyou County. Unfortunately, other settlement agreement participants
have resisted provisions to ensure that liability and mitigation for damages is secured by
the agreement. These are not “benefits,” these are to make the county whole.
Supervisor Cook’s recent trip to Washington, D.C. was primarily to secure in the legislation a full and
fair analysis and mitigation funding for damage to our county from the actions flowing
from this agreement.
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