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Court tosses Bush plan for Klamath water
The Oregonian ^ | Wednesday, October 19, 2005 | MICHAEL MILSTEIN

Posted on 10/19/2005 10:02:38 AM PDT by FOG724

Court tosses Bush plan for Klamath water

Water A federal judge says the irrigation plan for farmers doesn't help threatened fish

Wednesday, October 19, 2005
MICHAEL MILSTEIN

A federal appeals court on Tuesday threw out the Bush administration plan to deliver irrigation water to Klamath Basin farmers, saying it does not do enough for threatened coho salmon in the Klamath River.

The ruling probably will mean more water must be shifted from farmers to fish in the basin's emotional tug of war over the precious resource.

"This clearly could be a worse picture for us than what we had in terms of water for irrigation," said Greg Addington, executive director of the Klamath Water Users Association.

The 9th U.S. Circuit Court of Appeals ruled that a federal government strategy to phase in higher river flows for salmon over 10 years was arbitrary and capricious because it overlooked the immediate needs of the fish under the Endangered Species Act.

"It is not enough to provide water for the coho to survive in five years, if in the meantime, the population has been weakened or destroyed by inadequate water flows," the appeals court, based in San Francisco, ruled.

The government plan pledged to provide the fish with all the water they need in the final two years of the 10-year span -- 2010 and 2011. But the fish may not have enough water to complete their lifecycles in the meantime, the judges said.

"If that happens, all the water in the world in 2010 and 2011 will not protect the coho, for there will be none to protect," they wrote.

They sent the case back to a district court to impose corrective measures, which could include more water for fish.

The case resulted from a lawsuit filed by the Pacific Coast Federation of Fishermen's Associations, the Oregon Natural Resources Council, Waterwatch of Oregon and other conservation groups. They argued that the government strategy left salmon to struggle in a low river while water flowed to farms.

The Klamath Basin entered the national spotlight in 2001 when irrigation water to farms was restricted during a severe drought so it would be available to salmon and endangered suckers in area lakes.

The Bush administration later routed more water for farms under a plan that promised eventually to increase water dedicated to fish. Government agencies argued it was their best judgement as to how to protect the fish in the face of scientific uncertainty over how much water they require.

But judges said the government did not fully explain how it would avoid harming fish in the early years of the plan.

Farmers said the ruling was evidence that the Endangered Species Act has gone too far and must be reformed. But tribes countered that it was evidence the act serves as a final line of defense for families and tribal cultures that depend on salmon.


TOPICS: Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: California; US: Oregon
KEYWORDS: 9thcircuit; 9thcircus; conservation; ecoping; environment; fish; klamath; klamathbasincrisis; salmon; water
Here we go again!
1 posted on 10/19/2005 10:02:46 AM PDT by FOG724
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To: fish hawk

Ping


2 posted on 10/19/2005 10:06:43 AM PDT by Soaring Feather (If down is up, is up, down. Feathers in the wind.)
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Comment #3 Removed by Moderator

To: FOG724
a lawsuit filed by the Pacific Coast Federation of Fishermen's Associations

Maybe they should slow down the fishin'...hehe
4 posted on 10/19/2005 10:09:14 AM PDT by Edgerunner (Proud to be an infidel)
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To: GreenFreeper; Carry_Okie; SierraWasp; forester; marsh2; sauropod; tubebender; B4Ranch

Everybody polish your buckets.


5 posted on 10/19/2005 10:09:21 AM PDT by FOG724 (http://gravenimagemusic.com/)
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To: Baynative
You seem surprised they had a "plan B" ready. Anyway, here's NOAA on Coho Salmon which are apparently all over the Pacific Northwest.

Any guess on whether the farmers will eventually get their water?

6 posted on 10/19/2005 10:17:10 AM PDT by newzjunkey (CA: Stop union theft for political agendas with YES on Prop 75! Prolife? YES on Prop 73!)
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To: bentfeather

Thanks for the heads up. I read this earlier in my home town paper on line. Aloha


7 posted on 10/19/2005 10:22:04 AM PDT by fish hawk (I am only one, but I am not the only one.)
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To: FOG724
9th U.S. Circuit

You expected otherwise?...

8 posted on 10/19/2005 10:27:32 AM PDT by talleyman (There is no shortage of dangerous idiots...)
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To: newzjunkey

Oh yeah, the farmer WILL get the water, even if they have to resort to violence or sabotage of the control structures to get it.

You may well be seeing the opening shots of CWII.


9 posted on 10/19/2005 10:28:20 AM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: FOG724

Who are these "tribes" of which they speak?


10 posted on 10/19/2005 10:28:57 AM PDT by BJClinton (Caliphate? Letís Motivate!)
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To: FOG724

Whenever the Klamath people decide to retake the headgate, do remember to let the FR community know.

Advance notice might be impossible, but it will take days for me to drive out for it (bringing my bucket & shovel with me). ;-)

Lots of publicity abouit this latest steaming pile dumped on the long suffering citizens by the 9 th Circus can't hurt.


11 posted on 10/19/2005 10:30:10 AM PDT by GladesGuru
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To: Baynative

The power of the MSM over the years... the "Preble's" meadow jumping mouse, responsible for stopping growth on the front range of Colorado and Wyoming for a number of years, as developers and others have spent millions and millions of dollars to mitigate the impact of development on the habitat of the Preble's (best populations have been found in native waterways on golf courses - unreported fact) turns out that DNA has proven that the endangered Preble's is the same as any other meadow jumping mouse. As time goes on, many liberal myths will be uncovered and addressed on real terms rather than on the side of liberal agenda... ie: seperationism, the biggest of the secular myths


12 posted on 10/19/2005 10:36:22 AM PDT by CIDKauf (No man has a good enough memory to be a successful liar.)
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To: FOG724

"A federal appeals court on Tuesday threw out the Bush administration plan..."

Well, DUH!! It's Oregon, fer Pete's sake.


13 posted on 10/19/2005 10:39:39 AM PDT by L98Fiero
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To: Jeff Head

ping


14 posted on 10/19/2005 10:42:00 AM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: BJClinton
Tribes on the Klamath: Klamath, Shasta, Karuk, and Yurok. Anything done on the upper Klamath, effects all the tribes down to the mouth of the river at Klamath Calif.
15 posted on 10/19/2005 10:52:41 AM PDT by fish hawk (I am only one, but I am not the only one.)
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To: blam; Carry_Okie; ClearCase_guy; cogitator; CollegeRepublican; conservativeconservationist; dead; ..
ECO-PING

FReepmail me to be added or removed to the ECO-PING list!

The battle for water access is not going anywhere anytime soon. We rarely get into these kinds of issues near the largest fresh water basin in he world.

16 posted on 10/19/2005 10:59:03 AM PDT by GreenFreeper (Not blind opposition to progress, but opposition to blind progress)
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To: FOG724
UN

BE

LIEVABLE

17 posted on 10/19/2005 11:02:05 AM PDT by OldFriend (Corine Lombardo ~ American Patriot)
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To: OldFriend; Jeff Head; Travis McGee

This almost resulted in armed revolt the first time they shut the water off, I think Freeper Jeff Head was there and wrote a good account about it. I will try and find a link.


18 posted on 10/19/2005 11:08:25 AM PDT by vrwc0915
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To: sauropod

I guess the Supreme Court gets this next.

Hope Harriet Miers likes property rights.


19 posted on 10/19/2005 11:11:07 AM PDT by hellinahandcart
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To: fish hawk

Thanks for the info. So they're contending that less water will affect their 'traditional' fishing?


20 posted on 10/19/2005 11:23:53 AM PDT by BJClinton (Caliphate? Letís Motivate!)
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Klamath Basin Crisis web site

Free Republic threads on Klamath

21 posted on 10/19/2005 11:42:54 AM PDT by FOG724 (http://gravenimagemusic.com/)
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To: Baynative
When did the argument get switched to Coho Salmon??

I Guess, when the Enviro-Terror/Liberal Courts decided to move the "Goal Posts"...

Like when Lucy, "Plays" Charlie Brown w/ the "Kick the Footbal" routine, again...and again...and again.

22 posted on 10/19/2005 11:51:01 AM PDT by skinkinthegrass (Just because you're paranoid, doesn't mean they aren't out to get you :^)
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To: FOG724; fish hawk; Carry_Okie
Here is the story that Fish Hawk referred to...Times-Standard
23 posted on 10/19/2005 11:54:37 AM PDT by tubebender (There you go, stealing my Tag Line again...)
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To: FOG724

Didn't the Indians fess up and admit they had falsified their reports and testimony about the Salmon?


24 posted on 10/19/2005 11:57:14 AM PDT by yoe
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To: FOG724

I am polishing my bucket as we speak.

This is an outrage . How much longer do we have to put up with this environ terror and those dim bulb environ wacos?

If it isn't one thing it's another.

What about those farmers that provide us with fresh food?

I have had it with those morons.


25 posted on 10/19/2005 12:03:26 PM PDT by Mrs.Nooseman (Tony Snow and Mark Levin fan)
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To: freepatriot32


26 posted on 10/19/2005 12:07:43 PM PDT by FOG724 (http://gravenimagemusic.com/)
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To: BJClinton

Klamath indians


27 posted on 10/19/2005 12:10:14 PM PDT by B4Ranch
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To: GreenFreeper

28 posted on 10/19/2005 12:10:21 PM PDT by uglybiker (Cogito Ergo Spud -- I think, therefore I yam)
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To: FOG724

Maybe these people of the Endangered Species Act should be arrested for fabricating and lying about the truth. Now there's the real justice. Making these liars accountable.


29 posted on 10/19/2005 12:38:58 PM PDT by freekitty
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To: freekitty
Making these liars accountable.

It's the government that is lying and they are never accountable. Remember the government employee who set the lake levels was the commodore of the local yacht club. Record level highs were not high enough. He didn't have to pull his boat out of the water that year though.

30 posted on 10/19/2005 12:54:23 PM PDT by FOG724 (http://gravenimagemusic.com/)
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To: FOG724

I must have the wrong goverment job... I can't afford a dingy let alone a yacht!!


31 posted on 10/19/2005 1:02:53 PM PDT by GreenFreeper (Not blind opposition to progress, but opposition to blind progress)
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To: BJClinton
Actually the low water debate isn't so much about the fishing as it is about the fish dying. A couple of years ago it was a low water year and about 40,000 salmon were laying dead on the banks of the Klamath River. I was there that year and saw it with my own eyes. This year there is (of right now) a blue green algae so bad that they are not allowing people or pets to even go into the water. It will be interesting later to see how this will effect the salmon that are in the river right now.
32 posted on 10/19/2005 1:04:36 PM PDT by fish hawk (I am only one, but I am not the only one.)
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To: GreenFreeper

Well I don't know how big these boats are. I think it is more of a local boat club but I really don't know.


33 posted on 10/19/2005 1:04:39 PM PDT by FOG724 (http://gravenimagemusic.com/)
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To: yoe

Is that like, "are you still beating your wife"?


34 posted on 10/19/2005 1:06:02 PM PDT by fish hawk (I am only one, but I am not the only one.)
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To: FOG724
The 9th U.S. Circuit Court of Appeals ruled that a federal government strategy to phase in higher river flows for salmon over 10 years was arbitrary and capricious because it overlooked the immediate needs of the fish under the Endangered Species Act.

I pray for the day the membership on this court changes.

In the meantime, I hope this nonsense is appealed.

35 posted on 10/19/2005 1:08:41 PM PDT by GretchenM (Hooked on porn and hating it? Visit http://www.theophostic.com .)
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To: abbi_normal_2; adam_az; Alamo-Girl; Alas; alfons; alphadog; AMDG&BVMH; amom; AndreaZingg; ...
Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.

List of Ping lists

36 posted on 10/20/2005 6:20:12 AM PDT by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: FOG724
Gen 1: 20 And God said, "Let the water teem with living creatures, and let birds fly above the earth across the expanse of the sky." 21 So God created the great creatures of the sea and every living and moving thing with which the water teems, according to their kinds, and every winged bird according to its kind. And God saw that it was good. 22 God blessed them and said, "Be fruitful and increase in number and fill the water in the seas, and let the birds increase on the earth." 23 And there was evening, and there was morning—the fifth day.

24 And God said, "Let the land produce living creatures according to their kinds: livestock, creatures that move along the ground, and wild animals, each according to its kind." And it was so. 25 God made the wild animals according to their kinds, the livestock according to their kinds, and all the creatures that move along the ground according to their kinds. And God saw that it was good.

26 Then God said, "Let us make man in our image, in our likeness, and let them rule over the fish of the sea and the birds of the air, over the livestock, over all the earth, [b] and over all the creatures that move along the ground."

27 So God created man in his own image,

in the image of God he created him;

male and female he created them.

28 God blessed them and said to them, "Be fruitful and increase in number; fill the earth and subdue it. Rule over the fish of the sea and the birds of the air and over every living creature that moves on the ground."

29 Then God said, "I give you every seed-bearing plant on the face of the whole earth and every tree that has fruit with seed in it. They will be yours for food. 30 And to all the beasts of the earth and all the birds of the air and all the creatures that move on the ground—everything that has the breath of life in it—I give every green plant for food." And it was so.

31 God saw all that he had made, and it was very good.

.....

Gen. 2: When the LORD God made the earth and the heavens- 5 and no shrub of the field had yet appeared on the earth [b] and no plant of the field had yet sprung up, for the LORD God had not sent rain on the earth [c] and there was no man to work the ground, 6 but streams [d] came up from the earth and watered the whole surface of the ground- 7 the LORD God formed the man [e] from the dust of the ground and breathed into his nostrils the breath of life, and the man became a living being.

8 Now the LORD God had planted a garden in the east, in Eden; and there he put the man he had formed. 9 And the LORD God made all kinds of trees grow out of the ground—trees that were pleasing to the eye and good for food. In the middle of the garden were the tree of life and the tree of the knowledge of good and evil.

10 A river watering the garden flowed from Eden; from there it was separated into four headwaters. 11 The name of the first is the Pishon; it winds through the entire land of Havilah, where there is gold. 12 (The gold of that land is good; aromatic resin [f] and onyx are also there.) 13 The name of the second river is the Gihon; it winds through the entire land of Cush. [g] 14 The name of the third river is the Tigris; it runs along the east side of Asshur. And the fourth river is the Euphrates.

15 The LORD God took the man and put him in the Garden of Eden to work it and take care of it. 16 And the LORD God commanded the man, "You are free to eat from any tree in the garden; 17 but you must not eat from the tree of the knowledge of good and evil, for when you eat of it you will surely die..."

....

.

...Gen 3: 21 The LORD God made garments of skin for Adam and his wife and clothed them. 22 And the LORD God said, "The man has now become like one of us, knowing good and evil. He must not be allowed to reach out his hand and take also from the tree of life and eat, and live forever." 23 So the LORD God banished him from the Garden of Eden to work the ground from which he had been taken. 24 After he drove the man out, he placed on the east side [e] of the Garden of Eden cherubim and a flaming sword flashing back and forth to guard the way to the tree of life... NIV

dammit! Guess I'll have to wait on Jesus! -page

37 posted on 10/20/2005 6:31:34 AM PDT by pageonetoo (Rush knew he was breaking the law! But, it's all right. He's el Rushbo!)
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To: FOG724

LOL! I was thinking to myself as I read the title-it's gotta be the 9th Circuit. Are those Communistical liberals predictable or what?

That entire group of activist judges should be impeached.


38 posted on 10/20/2005 6:40:08 AM PDT by F.J. Mitchell (Our soldiers are us and there's nothing left to discuss-you touch them, you die!!!!!!)
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To: freepatriot32

BTTT


39 posted on 10/20/2005 6:43:00 AM PDT by E.G.C.
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To: F.J. Mitchell

Disgusting isn't it!


40 posted on 10/20/2005 9:27:40 AM PDT by FOG724 (http://gravenimagemusic.com/)
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To: FOG724

The Administration just needs to ignore this judge and continue to march.


41 posted on 10/20/2005 9:29:38 AM PDT by Leatherneck_MT (3-7-77 (No that's not a Date))
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To: FOG724
(1) The simple headgates are no more. They have been replaced by a multi-million dollar fish screen complex.
(2) Our public health officer has determined that there is inadequate science to show that the blue-green algae poses any human health hazard. He has ordered the water quality control board to remove the warning signs in our county. It is thought by some that the Karuk tribe is using the algae as a scare to force dam removal. I believe the Yurok's have sampled a small sample of fish and are testing if there are any effects on fish livers.
(3) This case illustrates what is wrong with ESA. The Klamath Project is a federal project, therefore, there is a federal nexus on any proposed projects such as water management. The Bureau of Reclamation has a tribal trust obligation and must consult with the tribes on management. It also has an obligation to determine if the action will pose jeopardy to any threatened species and, if so, consult with NOAA fisheries (coho) and US Fish and Wildlife (suckers) on prudent alternatives to avoid, minimize and mitigate their impacts"take."

Non federal irrigation operations do not have a federal nexus. They are required to obtain an incidental take permit only if proximate cause can be shown between their actions and harassment, harm, injury or impairment of a life function of an individual of the species through modification of habitat. It is pretty hard to prove this when you are irrigating hundreds of miles upstream.

What the lower court did was allow the Klamath Project to
try to ensure what they determined to be their proportionate share. The upper court has stated that that is not enough. Because of federal nexus, the project must ensure 100% of the required water flows for coho and minimum lake levels for sucker fish.
42 posted on 10/21/2005 10:33:03 PM PDT by marsh2
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To: FOG724

9th Circuit strikes again. Appeal to the SCOTUS.


43 posted on 10/21/2005 10:38:56 PM PDT by Republican Wildcat
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