Water War or Community Building?
By Jim McCarthy and Felice Pace
Winter 2002

The present drought has made it clear that water in the Klamath Basin has been over-allocated. Water allocation changes are already under way in the Upper Basin, and use adjustments will inevitably take place Basin-wide during the next ten years, impacting all residents of Siskiyou County and many folks in other counties as well. As Nancy Ingalsbees recent Op-ed (Siskiyou Daily News 10/11/01) demonstrates, these changes could be the occasion of much fear, anger, name-calling, community division, and intimidation. We hope for something better, and see in the present situation an opportunity for people to come together and for real leadership to emerge. Decisions affecting all of us should not be made by a small number of farmers and politicians. We should all think seriously about the role we can and should play in this time of change and challenge for our communities.

Ingalsbees hysterics aside, what is the honest answer to the Why us? now asked by water users in the Scott and Shasta valleys? The truth is in two parts. Solutions to the reallocation of Klamath water from irrigation to tribal fisheries and refuges are under discussion in Medford, Klamath Falls, and Washington DC. In terms of western water law, the tribal rights are iron clad. As a result, water bureaucrats, politicians, and even a growing plurality of irrigators admit irrigation cutbacks will continue even in non-drought years. Under pressure from powerful Upper Basin irrigators, local and federal officials are pitching a new plan: Since the historic lake beds of Tule and Lower Klamath Lake are the best farmlands in the Basin, future water cutbacks should come mainly from other areas. In other words, target irrigators above Upper Klamath Lake and in the Shasta and Scott valleys, so that the Upper Basin elite can continue to operate with no regard for other water users. But that is only half the story.

Currently, there are two cases alleging Fish & Game Code irrigation diversion violations on the desk of District Attorney Pete Knoll. The casesone from the Shasta and one from the Scottdeal with the most blatant examples of what has been common practice for state and local officials in the Shasta and Scott river valleys for at least 30 years: the systematic non-enforcement of the laws of California, including parts of the California Constitution.

If a generation of our state officials had enforced state law, most likely we would not now be facing the painful process of reallocating over-developed water supplies. And maybe our basins fisheriesso long deprived of quality waterwould still be as robust as 30 years ago. Instead, fish that once sustained hundreds of communities and thousands of families now qualify for protection under federal and state laws for species on the brink of extinction.

But all this is in the past. The most important questions are ahead of us. Will we embrace the old way, cry the sky is falling, and fight tribes, fishermen, conservationists, scientists, game wardens, watermasters, and our own government? You can rest assured, only lawyers and fear mongers will win that way. There is a better way. Communities on the Walla Walla River faced similar water reallocation problems last year, but local leaders adopted a cooperative, inclusive strategy from the start. The result: irrigators, tribes, fisheries officials, and environmentalists reached an agreement satisfactory to all parties in only five months. Lets take inspiration from their precedent, and make this an occasion for our people to come together and assure a sustainable future for everyone.

In accordance with Title 17 U.S.C. Section 107, and as defined under the provisions of "fair use", any copyrighted material herein is distributed without profit or payment for non-profit research and for educational use by our membership.