US v Yurok Tribe: Court Asked to Intervene in Klamath Water Priorities

• The Yurok Tribe has asked a federal judge to intervene in a conflict over water releases from the Klamath Irrigation Project.
• The project's revised priorities prioritize irrigation over threatened salmon species, sparking concerns about decimation of local Chinook and Coho salmon populations.
• A 2023 ruling found that the federal government must follow its own laws, including the Endangered Species Act, when operating the project.
• The Bureau of Reclamation's actions are also at odds with a 2024 ruling allowing the Klamath River to flow freely after four dams were removed.

Patti Goldman argues that the U.S. Bureau of Reclamation has moved forward without required consultations with the U.S. Fish and Wildlife Service or NOAA Fisheries.

The Yurok Tribe and other plaintiffs have asked a San Francisco federal judge to intervene in a long-running conflict over water releases from the Klamath Irrigation Project. The motion for summary judgment comes after the Trump administration's decision last year to prioritize irrigation over threatened salmon species. This reversal of priorities has sparked concerns that the project will continue to decimate local Chinook and Coho salmon populations, which are crucial to the tribe's survival. Patti Goldman, an attorney with Earthjustice representing the Yurok Tribe, argues that the U.S. Bureau of Reclamation has moved forward without required consultations with the U.S. Fish and Wildlife Service or NOAA Fisheries. The plaintiffs' motion seeks to address these concerns and ensure compliance with the Endangered Species Act.

The Klamath Irrigation Project supplies water to over 225,000 acres of farmland and two wildlife refuges in the Klamath Basin. However, critics argue that the project has had a devastating impact on local salmon populations. In 2023, Senior U.S. District Judge William Orrick ruled that the federal government must follow its own laws, including the Endangered Species Act, when operating the Klamath Irrigation Project. This decision was affirmed by the Ninth Circuit in June. The Bureau of Reclamation's actions are also at odds with a 2024 ruling that allowed the Klamath River to flow freely after four dams were removed, giving native fish species access to over 400 miles of spawning and rearing habitat.

The outcome of this case has significant implications for downstream habitats and the tribes that rely on them. The Yurok Tribe's motion highlights the need for the Bureau of Reclamation to prioritize Endangered Species Act compliance when operating the Klamath Irrigation Project. Failure to do so could have severe consequences for local salmon populations and the communities that depend on them. As Judge Orrick noted, there is uncertainty regarding the impact of lower-than-normal flows this spring on downstream habitats. This uncertainty underscores the importance of careful consideration and consultation in water management decisions.

Lawyers advising clients on the Klamath Irrigation Project should watch for potential Endangered Species Act compliance exposures and consider the impact of revised water priorities on downstream habitats.

Source: Original reporting via Courthouse News