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You are here: Home / Judge Orrick’s Ruling

A pivot in a potato field in the Klamath Basin.

Judge Orrick’s Ruling in Klamath Tribes v United States Bureau of Reclamation, et al

On Wednesday, July 25th, Judge William H. Orrick ruled on Klamath Tribes v United States Bureau of Reclamation, et al. In his ruling, he denied the preliminary injunction the Klamath Tribes were requesting on Upper Klamath Lake. He also granted a motion to move the case from his courtroom in San Francisco to Oregon, though denied the dismissal of the case based on venue.

To see what was written, you can read Judge Orrick’s 29 page decision. We also encourage you to watch the video of the court proceedings for The Klamath Tribes v. United States Bureau of Reclamation et al. It gives you background into the Tribes, the defendants and the intervenors’ arguments which helps make sense of Judge Orrick’s ruling.

While the ruling appears to be favorable to the defendants and the intervenors, he implores all parties to find a solution for protecting the c’waam and Koptu. We recommend everyone who is interested solving this problem, we recommend reading his ruling. We have also pulled some quotes from the first page of the ruling which we feel sums up his view.

Regarding the motion for change of venue:

“While venue may be proper in the Northern District of California, it is more appropriate in
the United States District Court for the District of Oregon: the Klamath Tribes are headquartered there, the sucker fish are there, the Upper Klamath Lake is there, and the Bureau and FWS haveoffices there. Only NMFS has an office in the Northern District, and it may not be long for this case given problems with Count III. I will let the transferee court address the pleadings as it will.”

Regarding fish health and potential impacts:

“There is reason for all parties to give urgent focus to the health of the sucker fish. The federal defendants represent that this is already happening, and I encourage the engaged scientists for all parties to work collaboratively and expeditiously to protect the sucker fish. The Klamath Irrigation Project is complex, and the endangered species within it are of paramount importance under the Endangered Species Act. That said, while this is a close case, the Klamath Tribes have not convinced me on this record that they are likely to prevail on the merits or that the sucker fish will suffer irreparable harm if I do not grant the relief the Klamath Tribes seek. There is substantial disagreement whether the lake elevation level is causing injury to the sucker fish, but there is no doubt that granting a mandatory injunction that cuts off water to the Klamath Irrigation District will cause substantial harm to others that depend on it, including wildlife refuges, farmers and ranchers. The motion for preliminary injunction is DENIED.”

This case is not over, and there is no date set for when it will be tried in the United States District Court for the District of Oregon. That also doesn’t mean we can rest on our laurels and hope for a better outcome. For the long-term benefit of all of our Klamath Basin communities, we need work on a long-term solution that helps the fish. As you can see in Judge Orrick’s comments, “There is a reason for all parties to give urgent focus to the health of the sucker fish.”

We need to start now.

 

Why July 20th Matters to Everyone in The Klamath Basin

On July 20th, life in the Klamath Basin for families, local businesses, wildlife and our communities could change forever. Litigation seeking a preliminary injunction to stop all Klamath Project irrigation diversions immediately and hold the water in Upper Klamath Lake has been filed. If successful, this lawsuit would affect Klamath agriculture, fish and wildlife (including severe impacts to Lower Klamath National Wildlife Refuge), the Klamath River, the Klamath Basin economony, local businesses, and the social fabric of the region.

Our short-term goal is to increase awareness in our community regarding these impacts. Although community members cannot affect the outcome of this litigation, we hope to use this dire situation to form a coalition of diverse business and social interests in the Klamath Basin to demand long term, permanent solutions to water issues affecting our community.

How Can You Help?

Educate yourself on how this litigation will affect your family and livelihood should it prevail on July 20th. Our community needs to realize this doesn’t only affect Klamath Basin family farms and ranches, but communities in Klamath, Siskiyou and Modoc Counties and throughout the Klamath River watershed.

Who We Are

We are a group of citizens and community interests that are working towards finding a solution to end the ongoing “Water Wars”. Learn about StopWaterWars.org and what our goal is.

How You Can Help

Want to learn what you can do to help find a solution? Educate yourself on how the current litigation will affect you community and get your voice heard.

Get In Touch

Have a question for us or a comment? Contact us and we’ll get back to you.

Updates

  • Though Judge Ruled, Work Needs To Be Done Now
  • No Decision Doesn’t Mean There’s Nothing To Be Done
  • Conservation & Ag Groups Speak Up For Birds
  • Counties, Tribe and Supporters File In Support of Feds
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