Print Version
Email this story
Comment
Court delay assures water for 3 weeks
 |
| Mechanic Gordon Frier talks about the growing difficulty county employees have navigating a large county dump truck into traffic on Washburn Way, the county road department's location for 44 years. He sees the move to the new location on Wesgo Drive as improving safety. |
published April 24, 2003
By DYLAN DARLING
Rescheduling a court case over allocations of Klamath River water will preserve water deliveries in the Klamath Reclamation Project at current levels for at least three weeks.
The delay means irrigators will get the full deliveries as scheduled at least until the court hearing May 20.
The hearing is for a case in which downstream interests, lead by the Pacific Coast Federation of Fisherman Associations, are suing the U.S. Bureau of Reclamation to get more water sent down the Klamath River. It was set for Tuesday, but California District Court Judge Saundra Armstrong moved it back.
Armstrong gave no reason for the rescheduling, said Lisa Clark, her court clerk.
Kristen Boyles, an attorney for Earthjustice who is representing the downstream interests, said federal civil cases such as this often get delayed because judges have busy schedules, and criminal cases take priority.
"It's one of those things you should avoid reading too much into," she said.
She said for a federal case, it's actually moving fairly quickly.
The case was put on the administrative record Dec. 20 and briefing was finished in March.
Boyles wasn't disheartened by the rescheduling.
"What we have in front of her is a challenge to a 10-year plan, and if she needs more time to understand it that's fine," Boyles said.
The downstream interests are arguing that the Bureau's biological opinion for flows on the Klamath River violate the Endangered Species Act.
David Haddock, an attorney for the Pacific Legal Foundation, is representing the Klamath Water Users Association, the Tulelake Irrigation District and two growers. He agreed the rescheduling wasn't unusual.
It's good news for water users because they will have water for three weeks, but they also have the uncertainty of a potential water cutback.
"It means they definitely get to use their water for three more weeks," Haddock said. "Hopefully, they will get the water they deserve all season."
Dan Keppen, executive director of the Klamath Water Users Association, said the delay might mean that Armstrong doesn't see any potential environmental disaster hinging on her decision, which would be a good sign for the Bureau and water users.
"It's a good thing from the standpoint that the decision is going to be held a little off a bit," he said, "I think what it shows that maybe the environmental catastrophe isn't quite as bad as the critics make it out to be."
The soggy spring the Basin has been experiencing has helped water users, Keppen said.
Glen Spain, spokesman for the fishing associations, said the weather has helped the fish downstream as well, but the flows planned for this summer aren't enough.
He said rescheduling the court hearing is unfortunate, but not unusual.
"It's unfortunate because it just perpetuates the uncertainty that everyone has to live with until May 20," he said.
By DYLAN DARLING
Rescheduling a court case over allocations of Klamath River water will preserve water deliveries in the Klamath Reclamation Project at current levels for at least three weeks.
The delay means irrigators will get the full deliveries as scheduled at least until the court hearing May 20.
The hearing is for a case in which downstream interests, lead by the Pacific Coast Federation of Fisherman Associations, are suing the U.S. Bureau of Reclamation to get more water sent down the Klamath River. It was set for Tuesday, but California District Court Judge Saundra Armstrong moved it back.
Armstrong gave no reason for the rescheduling, said Lisa Clark, her court clerk.
Kristen Boyles, an attorney for Earthjustice who is representing the downstream interests, said federal civil cases such as this often get delayed because judges have busy schedules, and criminal cases take priority.
"It's one of those things you should avoid reading too much into," she said.
She said for a federal case, it's actually moving fairly quickly.
The case was put on the administrative record Dec. 20 and briefing was finished in March.
Boyles wasn't disheartened by the rescheduling.
"What we have in front of her is a challenge to a 10-year plan, and if she needs more time to understand it that's fine," Boyles said.
The downstream interests are arguing that the Bureau's biological opinion for flows on the Klamath River violate the Endangered Species Act.
David Haddock, an attorney for the Pacific Legal Foundation, is representing the Klamath Water Users Association, the Tulelake Irrigation District and two growers. He agreed the rescheduling wasn't unusual.
It's good news for water users because they will have water for three weeks, but they also have the uncertainty of a potential water cutback.
"It means they definitely get to use their water for three more weeks," Haddock said. "Hopefully, they will get the water they deserve all season."
Dan Keppen, executive director of the Klamath Water Users Association, said the delay might mean that Armstrong doesn't see any potential environmental disaster hinging on her decision, which would be a good sign for the Bureau and water users.
"It's a good thing from the standpoint that the decision is going to be held a little off a bit," he said, "I think what it shows that maybe the environmental catastrophe isn't quite as bad as the critics make it out to be."
The soggy spring the Basin has been experiencing has helped water users, Keppen said.
Glen Spain, spokesman for the fishing associations, said the weather has helped the fish downstream as well, but the flows planned for this summer aren't enough.
He said rescheduling the court hearing is unfortunate, but not unusual.
"It's unfortunate because it just perpetuates the uncertainty that everyone has to live with until May 20," he said.
 |
 |
|
| County road department plans move to the south | 'Nice turnout' forecast for parade |
Reader Comments
The following are comments from the readers. In no way do they represent the view of HeraldAndNews.com. Comment Disclaimer: The editors of heraldandnews.com reserve the right to refuse publication of any comment posted for consideration. We may refuse for any reason, including use of profanity, disparaging comments, libelous comments, etc. Any reader who notices a comment they believe is particularly offensive, should notify us at webmaster@heraldandnews.com.
RSS