Skip to comments.Court tosses Bush plan for Klamath water
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
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.
Everybody polish your buckets.
Any guess on whether the farmers will eventually get their water?
Thanks for the heads up. I read this earlier in my home town paper on line. Aloha
You expected otherwise?...
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.
Who are these "tribes" of which they speak?
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.
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
"A federal appeals court on Tuesday threw out the Bush administration plan..."
Well, DUH!! It's Oregon, fer Pete's sake.
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.
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.
I guess the Supreme Court gets this next.
Hope Harriet Miers likes property rights.
Thanks for the info. So they're contending that less water will affect their 'traditional' fishing?
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.
Didn't the Indians fess up and admit they had falsified their reports and testimony about the Salmon?
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.
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.
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.
I must have the wrong goverment job... I can't afford a dingy let alone a yacht!!
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.
Is that like, "are you still beating your wife"?
I pray for the day the membership on this court changes.
In the meantime, I hope this nonsense is appealed.
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 groundeverything that has the breath of life in itI 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 groundtrees 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
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.
Disgusting isn't it!
The Administration just needs to ignore this judge and continue to march.
9th Circuit strikes again. Appeal to the SCOTUS.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.