Legislation Protecting Klamath Basin Water Users Becomes Law

Legislation introduced by eastern Oregon’s Cliff Bentz, protecting Klamath Basin users from being charged for maintenance and upgrade costs attributable to the Link River or Keno dams was signed into law by President Biden earlier this month.  Bentz says this legislation (H.R. 7938) was spurred by the removal of four hydroelectric dams on the Klamath River this year.  He noted the completion of this work introduced new legal risks for farmers and ranchers—risks unrelated to their actions.  The legislation, he said, ensures that promises made to Klamath Project irrigators during the dam removal process are upheld, particularly regarding the Bureau of Reclamation’s complete assumption of responsibility for remaining water infrastructure.

Bentz emphasized that these promises must be kept, highlighting the Bureau’s responsibility given its ownership of the Link River and Keno Dams and the potential regulatory impacts of returning fish species to the region.

“I am very pleased to report that H.R. 7938 is now the law of the land” Bentz said. “This bill directs the Bureau of Reclamation to operate the Link River and Keno dams consistent with existing contracts and without imposing any costs associated with these dams upon the water users. This law is the ratification of agreements made some 15 years ago which until now were not enforceable.”

The bill also authorizes the Secretary of the Interior to undertake certain studies and install infrastructure such as fish screens that may now be needed on irrigation diversions as a result of upstream migrations of fish resulting from removal of the downstream hydroelectric dams.  These and other measures are directed to reduce conflicts over water in the Basin.  Finally, the bill provides that the Secretary may enter into agreements with the Tulelake Irrigation District for not more than 69% of the cost incurred by the district for the operation and maintenance of Pumping Plant D.  This facility provides considerable public benefits, including to two national wildlife refuges.

The passage of this legislation is a just result for farmers and ranchers who have sustained Klamath communities for the past century.

“I also thank Chairman Bruce Westerman for his support in the Natural Resources Committee; Water, Wildlife, Fisheries sub-committee staff leader Annick Miller for her excellent and irreplaceable  work in moving the bill forward; attorney Paul Simmons for his invaluable efforts in drafting and then helping with amendments to the bill, Klamath Basin farmer Tracy Liskey for traveling to Washington, D.C. to testify in support of the bill, and Subcommittee Ranking Member Jared Huffman and Senator Ron Wyden for their support in moving the bill through the House and Senate.”

Click Here to read the Bill.

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