TOM PAUL, DEPUTY DIRECTOR OREGON WATER RESOURCES DEPARTMENT Negotiation of Indian Reserved Water Rights Claims August 25, 2015 Photo: Michael McCullough, Creative Commons

Adopted February 24, 1909 Codified doctrine of prior appropriation Adjudicate rights prior to 1909 and federal and tribal reserved rights Oregon Water Law

Initiated December claims filed 5664 contests filed Comprehensive adjudication – state and federal claims Klamath Basin Adjudication

Braren decision aka Adair III (decided 7/21/2003) –Earlier decisions determined scope. –Quantification to be determined in state adjudication. –Stay federal proceedings Adair II (issued 1/24/1984) Adair I (issued 9/27/1979) United States v. Oregon (issued 12/28/1994) Federal Court Proceedings

Negotiation and settlement efforts Events in the basin show the need to resolve water issues Findings of Fact and Order of Determination filed on March 7, 2013 Allows regulation for “determined claims” Adjudication & Settlement

Picture of Dwight/staff loading boxes

June 10, 2013 “call” on water Priority Dates: –Tribal instream rights are time immemorial –Project inflow water is 1905 in priority Regulation began June 12, 2013 –Williamson-Sprague river system Drought conditions require deep regulation Regulation

Klamath Basin Restoration Agreement (KBRA) –February 18, 2010 Upper Klamath Basin Comprehensive Agreement –April 18, 2014 Agreements

Settlement of water-related litigation and increased water certainty for fish, irrigators, and wildlife refuges Economic revitalization programs for tribal communities Large-scale habitat restoration in the upper and lower Basin Major Outcomes of the KBRA

Increased water flows for fish, especially during dry years “Safe harbor” for participating farmers and ranchers Restores habitat through removal of four hydro dams Renewable energy and affordable power options for the agricultural community Major Outcomes of the KBRA

Upper Klamath Basin Comprehensive Agreement Includes three key elements –Water Use Program Increase instream flows in tributaries above Klamath Lake – adding at least 30,000 acre feet annually to inflows to the lake, while creating a stable, predictable setting for agriculture to continue in the Upper Basin –Riparian Program Improve and protect riparian conditions in order to help restore fisheries –Economic Development Program Designed to create economic opportunities for the Klamath tribes and its members

The Klamath Basin Restoration Agreement Klamath Hydroelectric Settlement Agreement Upper Basin Comprehensive Agreement Links for these documents can be found at: Major Outcomes of the KBRA

Questions & Discussion Photo: Michael McCullough, Creative Commons