New Water Quality Regulations Will Finish Off Klamath Agriculture

The crippling shutdown of the Klamath Project last May left many local residents to believe the primary threat to irrigated agriculture in the Klamath Basin is the Endangered Species Act. But now another controversial federal environmental law is rearing its head: the Clean Water Act.

The Oregon Department of Environmental Quality is holding a public hearing at Oregon Institute of Technology on Thursday, January 24, to accept comments on a new set of water quality rules that will dramatically effect everyone in the business of irrigated agriculture. Under the guidance of the U.S. Environmental Protection Agency, DEQ is proposing to set strict limits on both phosphorus and temperature in the streams and tributaries feeding Klamath Lake.

Water for Life, Inc., a non profit group defending the rights of irrigators, is very concerned about the new DEQ rules. "With everything else going on in the Basin, everyone's attention is stretched thin," said Water for Life executive director Brad Harper. "Folks haven't had enough time to digest these rules, because if they had we'd be hearing a huge outcry of discontent."

Harper encourages interested persons to attend the public hearing at OIT to learn more and share their opinions. "Perhaps most important, we need to extend the deadline that DEQ has set for these new rules. To say they need more public exposure is being generous - practically no one knows what's coming down the pike, and its all bad."

The current deadline to make comments on the new rules is February 4, 2002. After that date DEQ will issue final rules, unless the comments received give them reason to modify the rules or extend the time to accept additional comments from the public.

"DEQ wants to reduce phosphorous levels by 72 metric tons, and they plan to reach that reduction on the backs of farmers and ranchers," said Sprague River rancher Edward Bartell. "Compare that with their estimate that naturally occurring phosphorus is at least 110 metric tons. DEQ blames agriculture for 40 percent of the phosphorus when natural conditions are twice that."

DEQ and EPA claim that high phosphorus levels are responsible for the seasonal algae blooms in Klamath Lake. The federal and state agencies want to manage the algae blooms to benefit protected sucker fish.

Another contentious issue in the new rules, termed TMDLs or total maximum daily loads, are temperature restrictions. DEQ has said that 64 degrees Fahrenheit is the optimal temperature for resident fish species. Current summertime stream temperatures are rarely so cold and local residents claim the 64 degree standard would not exist naturally even if no humans lived in the Basin.

Many believe these new rules are simply a continuation of the heavy handed regulators who they blame for last year's shutdown which garnered national attention and has President Bush publicly vowing to guarantee the release of irrigation flows this season.

"It appears to be a concerted attack," said Fort Klamath rancher Ambrose McAuliffe. "They hold back water to protect suckers. Now their trying to take agricultural lands out of production to reduce phosphorus levels. Mix in the son-of-CARA funds to buy out so-called willing sellers and its easy to see why we believe our way of life is under siege."

McAuliffe is referring to federal legislation under consideration by Congress to revive a Clinton era proposal to use federal money to buy private lands and permanently remove them from natural resource production. Many view such buy outs as dismantling their rural communities.

DEQ has invited the public to comment on their new water quality rules at a two-hour hearing at the OIT student union (Mt. Shasta room), from 7 to 9 p.m. this Thursday, January 24.

Water for Life, Inc.
P.O. Box 12248
Salem, OR 97309
(503) 375-6003 ph
(503) 375-9017 fax
h2o4life@aol.com

Is this what you wanted, D. Joyce?

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DEQ News Release

News Release

For release: Dec. 5, 2001

Contacts:
Steve Kirk, Water Quality, TMDL Coordinator, Bend, (541) 388-6146, ext. 235
Scott Fairley, Communications & Outreach, La Grande, (541) 975-1129
DEQ Releases Draft Clean Water Plans For Upper Klamath River Drainage
Sixty-day public comment period ends Feb. 4, 2002

The Oregon Department of Environmental Quality (DEQ) has released for public review a draft water quality report and management plan for the Upper Klamath Lake Drainage in south Central Oregon. The report -- known as a Total Maximum Daily Load (TMDL)-- and management plan define steps needed to meet clean water standards and protect watershed health in the Upper Klamath Lake Drainage.
The draft Upper Klamath Lake Drainage TMDL water quality report and management plan focus on improving water quality, assuming continuation of existing uses of water within the basin. They do not attempt to limit the amount of water withdrawn from lakes and rivers within the basin.
The documents are scheduled for a 60-day public review beginning Dec. 6, 2001 and ending Feb. 4. 2002.
The draft water quality report and management plan were developed by DEQ and a local citizens committee consisting of landowners, business owners, agency and industry representatives, local government officials, and representatives from the Klamath Indian Reservation.
According to Joni Hammond, DEQ's Eastern Region Administrator in Pendleton, completion of the draft TMDL water quality report and management plan is a significant step toward improving water quality in the Upper Klamath Lake Drainage.
"I greatly appreciate the efforts of all the people who assisted us with the Upper Klamath TMDL. We’ve been completing TMDLs in Oregon for a number of years now, and we know they are helping to improve water quality,” said Hammond.
The Upper Klamath Lake Drainage includes Upper Klamath Lake, the Williamson, Sycan and Sprague rivers, and all streams and tributaries in the 3,800-square mile area that stretches between Gearhart Mountain, Crater Lake and the southern end of Upper Klamath Lake.
Water quality suffers in the Upper Klamath Lake Drainage in part due to human activities. Vegetation loss along stream banks reduces shade and causes water to heat up, and high nutrient levels from city, agriculture, and forestland run-off contributes to excessive algae growth. These conditions reduce water quality, including reducing fish survival rates and recreational opportunities.
The draft Upper Klamath Lake Drainage TMDL water quality report sets goals for the reduction of temperature and nutrients that are causing poor water quality, while the management plan describes how these goals can be met. The management plan addresses pollution from various sources, including outflows from the municipal sewage treatment plant at Chiloquin and run-off and infiltration from public and private forest lands, crop and grazing lands, urban areas, and transportation corridors such as roads and highways.
In addition to calling for pollution reductions from the City of Chiloquin sewage treatment plant, a significant finding in the TMDL water quality report is that increasing streamside vegetation, particularly trees, will improve water quality by increasing shade, reducing stream temperatures and reducing the amount of pollutants that reach streams through runoff.
Information Meeting and Public Comment Period
DEQ will present an overview of the Upper Klamath Lake Drainage TMDL and water quality management plan at an information meeting scheduled for Thursday, Dec. 20 from 11 a.m. to 2 p.m. at the Oregon Institute of Technology, Student Union, Mt. Bachelor Room, Klamath Falls.
In addition to the information meeting, DEQ will hold a public hearing and review all public comments on the draft Upper Klamath Lake Drainage TMDL and water quality management plan before submitting the documents to the U.S. Environmental Protection Agency for final approval.
The public hearing will be held from 7 to 9 p.m. on Thursday, Jan. 24, 2002, at the Oregon Institute of Technology, Student Union, Mt. Shasta Room, Klamath Falls. The public is encouraged to attend.
Written comments can be submitted at any time during the public comment period. Comments can be sent to: Oregon Department of Environmental Quality, Attention: Steve Kirk, 2146 NE Fourth, Bend, OR 97702
Written comments must be received by 5 p.m. on Monday, Feb. 4, 2002.
The documents are available for public review and can be viewed at the Klamath County Soil and Water Conservation District, the Klamath Tribes Department of Natural Resources, and the Klamath Falls Public Library, or by accessing DEQ's TMDL Web page at: Oregon DEQ Water Quality TMDL page

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