Key points of the proposed Tribal Settlement
The Klamath Tribes ("Tribes") will agree to refrain from exercising their senior water rights as against legitimate existing consumptive pre-1997 water uses while other measures provided for in this agreement are put in place. The key part of this sentence is "while", in exchange for granting the Tribes more waters than physically exists, in a permanent and non reversible fashion, the Tribes agreement refraining from exercising these rights is far less than permanent ****.
The water rights of the Tribes, including stream flows seeps and springs, and water claims for Klamath Marsh, will be quantified as those amounts set forth in the Tribes’ water rights claims filed with the Oregon Department of Water Resources ("OWRD") in the Klamath Basin Adjudication ("KBA"). The water rights have a time immemorial priority date for nonconsumptive uses and a priority date of October, 14 1864, for consumptive uses.
The Tribes will be enabled to restore and/or increase streamflows as part of the fulfillment of the Tribes’ right. An essential tool for this purpose will be the retirement of existing consumptive demand by the purchase of land and/or water rights that manifest that demand. In order to provide that water rights so retired will be dedicated to restoring stream flows, the Tribes’ agreement to refrain from exercising their senior rights will not apply to an amount equivalent to each amount retired.
The Tribes will be enabled to restore and/or increase streamflows as part of the fulfillment of the Tribes’ right.
The non-federal parties will support recovery by the Klamath Tribes of former Klamath Indian Reservation lands now in federal ownership.
Appropriate compensation for the Tribes, including an economic development program and funding to implement this agreement, and consideration of lost fisheries and other resources will be provided.
Pending full implementation of the settlement the Tribes will have access to supplemental hunting, fishing, and gathering areas.
Klamath Allottees ("Allottees") will participate in this agreement in the same manner as other water users taking water form tributaries to Upper Klamath Lake. The provisions of Section I will equally apply to Allottees. Klamath Allottees are individual members of the Klamath Tribe owning land. ****
For complete copies of the settlement, Water for Life members can contact Water for Life, or Water Resources Department
**** Water for Life Comments are in blue