"November 2000."

Klamath Project Historic Operation Prepared by: United States Department of the Interior Bureau of Reclamation Mid- Pacific Region Klamath Basin Area Office November 2000 Klamath Project Historic Operation JIU5EAU OF Prepared by: United States Department of the Interior Bureau of Reclamation Mid- Pacific Region Klamath Basin Area Office November 2000 MISSION STATEMENTS The mission of the Department of the Interior is to protect and provide access to our Nation's natural and cultural heritage and honor our trust responsibilities to tribes. The mission of the Bureau of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public. Contents page Introduction 1 Background and History 5 Project Water Supply . . 8 Public Lease Lands 8 Hydroelectric Power 9 Project Features and Facilities 11 link River Dam and Upper Klamath Lake 11 Gerber Dam and Reservoir 12 Clear Lake Dam and Reservoir 12 Wilson Diversion Dam and Reservoir ( Lost River Diversion Dam) 13 Lost River Diversion Channel 14 P Canal System 14 Klamath Straits Drain and Pumping Plants E, EE, F, and FF 15 Ady Canal Headworks ( Southern Pacific Railroad Crossing— Ady) 15 Malone Diversion Dam 16 Anderson- Rose Diversion Dam ( J Canal Headworks) 16 A Canal 17 North Canal ( Langell Valley Irrigation District) 17 West Canal ( Langell Valley Irrigation District) 18 Miller Hill Pumping Plant ( Lost River Diversion Channel) 18 Station 48 Turnout ( Lost River Diversion Channel) 19 Pumping Plant D ( Tule Lake Sumps) 19 Minor Laterals 20 Minor Drains 20 Pumping Plants ( General) 21 Direct Farm Deliveries ( Water- User- Operated Facilities) 21 Refuge Operations ( Project Lease Lands) 22 Historic Operation 23 link River Dam and Upper Klamath Lake 24 Gerber Dam and Reservoir 24 Clear Lake Dam and Reservoir 25 Wilson Diversion Dam and Reservoir ( Lost River Diversion Dam) 26 Lost River Diversion Channel 26 P Canal System 27 Klamath Straits Drain and Pumping Plants E, EE, F, and FF 27 Ady Canal Headworks ( Southern Pacific Railroad Crossing— Ady) 27 Malone Diversion Dam 27 Anderson- Rose Diversion Dam Q Canal Headworks) 27 iii A Canal 28 North Canal ( Langell Valley Irrigation District) 28 West Canal ( Langell Valley Irrigation District) 28 Miller Hill Pumping Plant ( Lost River Diversion Channel 28 Station 48 Turnout ( Lost River Diversion Channel) 29 Pumping Plant D ( Tule Lake Sumps) 29 Minor Drains 29 Minor Laterals 29 Pumping Plants ( General) 30 Direct Farm Deliveries ( Water- User- Operated Facilities) 30 Project Lease Lands 30 Operations for Water Year Types 30 Water Contracts - 31 Temporary Water Contracts 33 National Wildlife Refuges 33 Power Contracts 33 Water Rights Information 34 Acquired Water Rights 34 Appropriation by the United States 34 Adjudication Proceedings 34 Water Supply Forecasting 36 Chronology of Key Events ( 1961 to 2000) Relevant to Project Operation 36 River Flows and Lake Elevations Resulting from Historic Operation 39 Water Year Types 39 Project Operation 40 Klamath River Flows Below Iron Gate Dam 41 Upper Klamath Lake, Clear Lake, and Gerber Reservoir Elevations 45 Upper Klamath Lake 45 Clear Lake 48 Gerber Reservoir 51 Appendix A— Regional Solictors' Memoranda Appendix B— Drought Plan Appendix C— Contracts and Water Rights Tables No. 1 Historic Iron Gate Dam flows ( 1961 through 1997— values in cfs) 42 2 End- of- month Upper Klamath Lake elevations by water year type ( 1960- 1998) . . 45 3 End- of- month Clear Lake elevations by water year type ( 1960- 1998) 48 4 End- of- month Gerber Reservoir elevations by water year type ( 1960- 1998) 51 IV Figures No. page 1 Geographic scope of the Klamath Project 2 2 Klamath Project 3 3 Upper Klamath Lake operational envelope 25 4 Klamath River flows ( in cfs) below Iron Gate Dam ( 1995- 1996) 41 5 Iron Gate Flow statistics— above average year types 43 6 Iron Gate Flow statistics— below average year types 43 7 Iron Gate Flow statistics— dry year types 44 8 Iron Gate Flow statistics— critical year types 44 9 Upper Klamath Lake elevations ( 1960- 1998) by month for above average water years 46 10 Upper Klamath Lake elevations ( 1960- 1998) by month for below average years. . 46 11 Upper Klamath Lake elevations ( 1960- 1998) by month for dry water years 47 12 Upper Klamath Lake elevations ( 1960- 1998) by month for critical years 47 13 Clear Lake elevations ( 1960- 1998) by month for above average years 49 14 Clear Lake elevations ( 1960- 1998) by month for below average years 49 15 Clear Lake elevations ( 1960- 1998) by month for dry years 50 16 Clear Lake elevations ( 1960- 1998) by month for critical years 50 17 Gerber Reservoir elevations ( 1960- 1998) by month for above average years 52 18 Gerber Reservoir elevations ( 1960- 1998) by month for below average years 52 19 Gerber Reservoir elevations ( 1960- 1998) by month for dry years 53 20 Gerber Reservoir elevations ( 1960- 1998) by month for critical years 53 INTRODUCTION This report describes the features and facilities of the Klamath Project ( Project), a federal reclamation project developed and operated by the U. S. Department of the Interior's Bureau of Reclamation ( Reclamation). This report also describes Project operation. This information is needed for the Klamath Project Long- Term Operations Plan Environmental Impact Statement ( EIS). It provides a benchmark description of project operation needed to properly assess the long- term changes in effects resulting from project operation in the future. This report focuses on Project operation from 1961 to 1999. This period is used, because all major Project features and facilities were operational and documented. This period is also the base period used in the Klamath Project Operations Simulation Model ( KPOPSIM). The Klamath Project is located in the upper portion of the Klamath River basin in southern Oregon and northern California ( fig. 1). The total drainage area in the upper basin encompasses about 5,700 square miles. The project lands and facilities are located within Klamath County in Oregon, and Siskiyou and Modoc Counties in California ( fig. 2). It also includes the Clear Lake- Lost River watershed, which is a closed basin within the larger Klamath River basin. Klamath Project Historic Operation f Klamath River Watershed Boundary Lake California ' escent City Del Norte X -\-. Compiled by. M. Neuman, USBR Klamath Basin Area Office, 11 # 7 Figure 1.- Geographic scope of the Klamath Project. : SWAN LAKE 1 LOST RIVER DIVERSION CHANNEL^ ^ VALLEY OREGON FREMONT NATIONAL FOREST •' Ton/ i Lake vM OORRIS \ BUTTE / ALLEN Aiiaii Laxc u i— i LOST RIVER CHANNEL _> T IMPROVEMENTS L-, L / LDDAM£%\ GERBER . i RESERVOIR GERBER DAM V WLLER DIVERSION DAM MILLER CREEK AND LOST RIVER CHANNEL IMPROVEMENTS A/ V ( MALONE KLAMATH CO. - / MODOC CO. CLE/^ R LyAKE DAij^ j MODOC NATIONAL FOREST • • ^ LAKE NATIONAL WILL L - C A L I F O R N I A LAVA BEDS NATIGNAL MONUMENT FEATURES: Hydrography / ^ y Canal / \ / Drain / \ / Dike ) l l l ( Tunnel ^ ^ Flume )—( Siphon '— n— i Pipeline — I— Drop % Pumping Plant 0 Irrigation District Pumping Plant Private Utility Powerplant Project Headquarters fs\\] Project Land Lease Area MAJOR WATER DISTRICTS: ^} Ady Dist. Improv. Co. ] ] Enterprise I. D. H Horsefly I. D. ^} Klamath Drain. Dist. ^ Klamath I. D. ^] Langell Valley I. D. J Malin I. D. ] ] Midland Dist. Improv. Co. " JP Canal Mutual Water Co. ] Pine Grove I. D. ^] Pioneer Dist. Improv. Co. ~ J Plevna Dist. Improv. Co. ~ Poe Valley Improv. Dist. Shasta View I. D. Sunnyside I. D. J Tulelake I. D. ]] Van Brimmer Ditch Co. j Westside Improv. Dist. KLAMATH PROJECT Oregon - California N 0 1 2 4 5 Miles Figure 2.- Klamath Project. BACKGROUND1 AND HISTORY The Klamath Project provides irrigation water for both agricultural and national wildlife refuge lands in the Klamath Basin of south- central Oregon and north- central California, and also provides flood control along the Klamath River in and downstream of the Project area. The Klamath Project is located in the Klamath River and Lost River Basins in southern Oregon and northern California. Prior to development of the Project, agriculture in the surrounding area was limited. Four watersheds comprise the Project area: the Klamath River watershed, which is the largest, and the Lost River watershed, collectively comprised of the Clear Lake, Malone and Gerber watersheds. Prior to development of the Project, the two major watersheds were linked by a flood channel that allowed water from the Klamath River to enter the Lost River and flow to Tule Lake during high runoff conditions. The two watersheds are still linked, but in a manner that facilitates the use of water by the Klamath Project for domestic, wildlife, and irrigation uses. The Klamath Project is one of the earliest federal reclamation projects. The Oregon and California legislatures, on January 20 and February 3, 1905, respectively, passed legislation ceding certain lands in Lower Klamath and Tule Lakes to the United States for use by the Klamath Project for project development under provisions of the Reclamation Act of 1902. The Act of February 9, 1905, 33 Stat. 714, authorized the Secretary of the Interior ( Secretary) to change the level of several lakes and to dispose of certain lands in the area that were later included in the Klamath Project. Project construction was authorized by the Secretary on May 15, 1905, in accordance with the Reclamation Act ( 43 U. S. C. S 372 et seq, Act of June 17,1902, 32 Stat. 388) for project works to drain and reclaim lake bed lands of the Lower Klamath and Tule Lakes, to store water of the Klamath and Lost Rivers, including storage of water in Lower Klamath and Tule Lakes, to divert irrigation supplies, and to control flooding of the reclaimed lands. Under provisions of the Reclamation Act, Project costs were to be repaid through by the beneficiaries on the reclaimed Project lands. In 1905, Reclamation filed a notice of intent to appropriate all of the then unappropriated waters of the Klamath Basin to support the Project. Reclamation also purchased various water rights and facilities existing prior to the Project. Work on the Project began in 1906 with the construction of the Main or A Canal. In 1907, the California Northeastern Railway Company, by virtue of an agreement with the United States, constructed a railroad line between the Klamath River and Lower Klamath Lake, which also served as a dike to control 1 The information presented here was taken from the Klamath Project Water Rights Data, dated February 27, 1988, the Klamath Basin Report prepared by the Oregon State Water Resources Board, dated June 1971, and personal communication with Bureau of Reclamation, Klamath Project staff. Klamath Project Historic Operation the Klamath River overflow into Lower Klamath Lake. 2 In addition, the Lower Klamath Lake Wildlife Refuge was established in 1908, the Clear Lake Wildlife Refuge was established in 1911, the Upper Klamath Lake Wildlife Refuge was established in 1928, and the Tule Lake Wildlife Refuge was established in 1928. Work continued with the construction of Clear Lake Dam in 1910 to hold back flood waters from Tule Lake and provide irrigation to the lands within Langell Valley. Various project facilities were built between 1906 and 1966. Major project facilities include Link River Dam ( completed 1921), Clear Lake Dam ( completed 1910), and Gerber Dam ( completed 1925). Clear Lake and Gerber Dams provide flood protection and irrigation benefits to Lost- River-dependent lands. The lands formerly inundated by Tule and Lower Klamath Lakes were dewatered as a result of flood control measures and were homesteaded by farmers as late as 1949. The Oregon and California legislation, which relinquished state title to project lands in 1905, and congressional action which directed the project undertaking, provided for disposition of the reclaimed lands in accordance with the 1902 Reclamation Act. Under provisions of the Act, the reclaimed public lands were to be opened for homesteading, subject to charges designed to repay project costs. The first public lands were homesteaded in March 1917, for 3,250 acres of private lands and 2,700 acres of public lands. The 1917 land opening notice announced a construction charge of $ 39 per irrigable acre for land already in private ownership and $ 45 per irrigable acre for unentered public land. Reclaimed lands in the Tule Lake area were opened for homestead entry under 10 different public notices— the first in 1922 and the last in 1948. A total of about 44,000 acres, making up 614 farm units, were homesteaded in the Tule Lake area. The 1922 homestead notice, later recalled, included a construction charge of $ 90 per irrigable acre. Subsequent land openings in the Tule Lake Division included a construction charge of $ 88.35 per acre, contingent on the landowners forming an irrigation district to assume joint liability for construction costs. The Project presently includes approximately 240,000 acres of irrigable lands plus national wildlife refuge lands. The Project has generally provided water to approximately 200,000 acres of agricultural lands per year, with the actual number of irrigated acres varying annually. High irrigation efficiencies are achieved Projectwide because of water reuse within the Project's boundaries. During a normal year, the net use on the Project is approximately 2.0 acre- feet per acre including the water used by the U. S. Fish and Wildlife Service in the Tule Lake and Lower Klamath National Wildlife Refuges. In 1999, nearly 199,000 acres of crop land were irrigated on the Klamath Project. Gross crop value for 1999 was estimated at over 104 million dollars. Principal crops raised on the 2 Agreement dated 10- 24- 07 between the United States and Southern Pacific Co./ California Northeastern Railway Co. The agreement requires the railroads to maintain the railway to serve as a levee and permitted the severance of navigability. Background and History Project include alfalfa, irrigated pasture, small grains, potatoes, onions, sugar beets, and miscellaneous crops. Wildlife benefits derived from Project operations include over 20,000 acres of seasonal and permanent marsh. Major Project features are: • Clear Lake Dam and Reservoir located on the Lost River in California • Gerber Dam and Reservoir located on Miller Creek, a tributary of the Lost River in Oregon • Malone Diversion Dam on the Lost River downstream from Clear Lake Dam in Oregon • Lost River Diversion Dam on the Lost River in Oregon that diverts excess water to the Klamath River through the Lost River Diversion channel • Anderson Rose Dam on the Lost River that diverts water for irrigation of California lands • link River Dam on the link River at the head of the Klamath River regulates flow from Upper Klamath Lake into the Klamath River, and water diverted from Upper Klamath Lake provides the majority of irrigation supplies for the Project lands • Tule Lake tunnel that conveys drainage water from Tule Lake to Lower Klamath Lake The Project is operated so that flows of the Lost River and Klamath River are completely controlled except in some flood periods. Water that is diverted for use within the Project is reused several times before it returns to the Klamath River. The Project was designed based on this reuse of water. It is important to note that the Klamath River Basin Compact ( Compact) recognizes that the Lost River has been made a tributary to the Klamath River via the Project operation ( see Klamath River Basin Compact, Article II— Definition of Terms3). The Compact was ratified by both California and Oregon and consented to by the United States ( August 30, 1957; 71 Stat. 497). The stated purposes of the Compact are: A. To facilitate and promote the orderly, integrated and comprehensive development, use, conservation and control thereof for various purposes, including, among others: the use of water for domestic purposes; the development of lands by irrigation and other means; the protection and enhancement offish, wildlife and recreational resources; the use of water for industrial purposes and hydroelectric power production; and the use and control of water for navigation and flood prevention. 3 Congress consented to the negotiation of the Klamath River Basin Compact ( between the States of Oregon and California) by the Act of August 9, 1955, 69 Stat. 613 and to the Compact itself by the Act of August 30, 1957, Public Law 85- 222, 71 Stat. 497. Klamath Project Historic Operation B. To further intergovernmental cooperation and comity with respect to these resources and programs for their use and development and to remove causes of present and future controversies by providing ( 1) for equitable distribution and use of water among the two states and the Federal Government, ( 2) for preferential rights to the use of water after the effective date of this compact for the anticipated ultimate requirements for domestic and irrigation purposes in the Upper Klamath River Basin in Oregon and California, and ( 3) for prescribed relationship between beneficial uses of water as a practical means of accomplishing such distribution and use. Among other items, the Compact set relative priorities to the use of water that postdates the Compact. These priorities are: 1. Domestic use 2. Irrigation use 3. Recreational use, including use for fish and wildlife 4. Industrial use 5. Generation of hydroelectric power 6. Such other uses as are recognized under the laws of the state involved Project Water Supply Precipitation in the project area occurs mainly during the winter months, developing a snow pack that provides most of the water available for the Klamath Project and surrounding areas when it melts in the spring. A portion of the runoff is retained in Project reservoirs for release later during the summer. Two main sources water supply the Project. One consists of Upper Klamath Lake and the Klamath River. The other consists of Clear Lake, Gerber Reservoir, and Lost River. One additional source is Agency Lake Ranch, acquired by Reclamation in 1998, ". . . to make water available to all users in the Klamath Basin" ( House Appropriation Committee 1998). Water is diverted from Sevenmile Creek onto the ranch for storage and release when needed. Public Lease Lands As Tule Lake receded, reclaimed lands were leased for farming before opening to homesteading. The practice of leasing served to develop and improve the land during construction of irrigation and drainage facilities to serve farm units and permit homestead entry. To protect developed homestead lands from flooding, areas at lower elevations were designated as sump areas and reserved for flood control and drainage. Some of the marginal sump acreage subject to less frequent flooding was made available for leasing, but retained in federal ownership. In addition to providing flood control, the reserved sump areas also preserved existing marsh habitat, which has been included within the basin's national wildlife refuges. The Klamath Project currently administers federal lease contracts with about 80 farmers for crop production on over 23,000 acres of lands within Tule Lake and Lower Klamath Background and History National Wildlife Refuge. The Kuchel Act ( P. L. 88- 567) specifies that these lands be leased to farmers to the extent consistent with the primary purposes of the refuges. Gross annual revenue from these leases is approximately $ 1.5 million. These lands are the most productive lands in the Klamath Basin and represent 10 percent of the land base receiving Project water. Contracts are issued for 5 to 8 years but require annual renewal. The renewal and bidding for the federal leases occur from December through February to allow farmers to plan their crops, arrange financing, and order materials and equipment. Hydroelectric Power By contract executed in 1917, the United States authorized California- Oregon Power Company ( now PacifiCorp) to construct link River Dam. The dam, deeded to the United States, is operated and maintained by the power company in accordance with the contract. Under the contract, Reclamation directs operation of link River Dam as necessary to meet Reclamation obligations under the Endangered Species Act ( ESA), to protect tribal trust resources, and pursuant to contracts for agricultural water delivery and to wildlife refuges. Water users of the Klamath Project are provided for as preference power customers under the contract. The original contract was amended in 1956 and extended for a 50- year period. Pursuant to a 1956 contract with Reclamation, PacifiCorp operates link River Dam. PacifiCorp independently operates several privately owned dams downstream of the project for hydroelectric power generation. These projects are operated under a Federal Energy Regulatory Commission ( FERC) license, Proj. No. 2082. That license contains a schedule of minimum flows in the Klamath River below Iron Gate Dam. Relicensing of the power project by FERC is scheduled for 2006. The contract is also open for renegotiation at that time. Klamath Project Historic Operation 10 PROJECT FEATURES AND FACILITIES Link River Dam and Upper Klamath Lake General Description Link River Dam regulates Tapper Klamath Lake and is operated pursuant to contract with PacifiCorp ( see p. 9, Hydroe/ earicPowet). The contract gives the power company considerable latitude in operating the lake so long as 41 of Reclamation's obligations are met. If necessary, Reclamation reserves the right to operate the lake to meet its obligations. Releases during average years are dictated by the needs of PacifiCorp, which must balance flood control with water availability. During drought periods, such as a period in 1991, flows at critical points are monitored continuously. Reclamation provides the power company irrigation diversion requirements and minimum lake levels and flows below Keno and Iron Gate and the power company adjusts the outflow at Link River Dam to balance the system. There are no fish screens on the outflow from Link River Dam; however, a fish ladder was constructed in 1926 and is functioning. Reclamation owns the dam, and the power company owns two power canals that carry water from the lake to two small powerplants on either side of the Link River. The lake itself is highly eutrophic with considerable concentrations of blue- green algae during the summer months. Documented fish kills have occurred on the lake, but have not been tied directly to low water years. Statistical Information Location: Type of Dam: Year Constructed: Spillway Crest Elevation: Total Usable Storage Capacity Inactive Storage: Dead Storage: Maximum Surface Area: Shoreline Length: Watershed Area: Average Annual Inflow: Operator Section 30, Township 38 South, Range 9 East, WM Concrete— reinforced concrete slab 1921 4145.0 feet 486,830 acre- feet 125,000 acre- feet 17,950 acre- feet 77,593 acres 98 miles 3,800 square miles 1.3 million acre- feet PacifiCorp, pursuant to Contract No. 14- 06- 200- 5075 11 Klamath Project Historic Operation Gerber Dam and Reservoir General Description Gerber Dam impounds the waters of upper Miller Creek to form Gerber Reservoir. Prior to the construction of the dam, no reservoir existed and Miller Creek ran diy from June to October in most years. Water is stored for irrigation of lands within Langell Valley Irrigation District ( LVID) and flood protection of the Tule Lake lands. Statistical Information Location: Type of Dam: Year Constructed: Spillway Crest Elevation: Total Usable Storage Capacity: Dead Storage: Maximum Surface Area: Shoreline Length: Watershed Area: Average Annual Inflow: Outflow: Yield: Operator: Section 12, Township 39 South, Range 13 East, WM Concrete thin arch 1925 4835.4 feet 94,300 acre- feet None 3,830 acres at maximum storage 17 miles 230 square miles 55,000 acre- feet Normal irrigation release = 120 cubic feet per second ( cfs) Normal maximum irrigation release - 170 cfs Firm annual yield = 25,000 acre- feet LVID under purchase order pursuant to Reclamation supervision Clear Lake Dam and Reservoir General Description Clear Lake Dam and Reservoir are used to store seasonal runoff to meet later irrigation needs of the Project, principally the Langell Valley Irrigation District and Horsefly Irrigation District ( HID), and reduce high flows to limit runoff into the Tule Lake area. Prior to the construction of the dam, a natural lake and marsh/ meadow existed above the damsite. The meadow was seasonally farmed by the Carr Livestock Company. During most years, the Lost River below the present dam ran dry from June through October. Statistical Information Location: Section 8, Township 47 North, Range 8 East, MDM Type of Dam: Earth and rockfill Year Constructed: 1910 12 Project Features and Facilities Spillway Crest Elevation: Total Usable Storage Capacity: Dead Storage: Maximum Surface Area: Watershed Area: Average Annual Inflow: Outflow: Firm Annual Yield: Operator: 4543.0 feet 527,000 acre- feet4 Affected by silt4 25,760 acres at maximum storage 1,707 square miles 117,000 acre- feet Normal irrigation release = 120 cfs Normal maximum irrigation release = 170 cfs 11,000 acre- feet LVID under Purchase Order pursuant to Reclamation supervision. Wilson Diversion Dam and Reservoir ( Lost River Diversion Dam) General Description Wilson Diversion Dam is located approximately eight miles southeast of Klamath Falls on the Lost River. The purpose of the dam is to divert water from the Lost River into the Klamath River for irrigation and flood control for the Tule Lake reclaimed lands. Statistical Information Location: Type of Dam: Year Constructed: Spillway Crest Elevation: Total Usable Storage Capacity: Maximum Surface Area: Shoreline Length: Watershed Area: Average Annual Inflow: Maximum Outflow Diversion Channel: Yield: Operator: Section 29, Township 39 South, Range 10 East, WM Concrete multiple arch with earth embankment wings 1912 4094.5 feet 2,300 acre- feet 340 acres N/ A N/ A Dependent oh Lost River flows 3,000 cfs N/ A Reclamation 4 Experience gained by the Project during the 1991 irrigation season indicate that considerable silting of the approach channel to the outlet works has occurred. As a result the available capacity of the reservoir has been diminished, possibly as much as 60,000 acre- feet. It has proved to be impracticable to release water when the lake elevation dropped below 4523.0. 13 Klamath Project Historic Operation Lost River Diversion Channel General Description The Diversion Channel begins at Wilson Diversion Dam and travels in a westerly direction, terminating at the Klamath River. The channel is capable of carrying 3,000 cfs to the Klamath River from the Lost River system. The channel is designed so that water can flow in either direction, depending on operational requirements. During the irrigation season, the predominant direction of flow is from the Klamath River. Miller Hill Pumping Plant is located on the channel along with the Station 48 drop to the Lost River system. Statistical Information Location: Begins in Section 29, Township 39 South, Range 10 East, WM Ends in Section 17, Township 39 South, Range 9 East, WM Type: Earthen channel Year Constructed: 1912 and later enlarged ( the last time in 1948) Length: 8 miles Average Annual Inflow: Dependent on Lost River flows Maximum Capacity Diversion Channel: 3,000 cfs Operator: Reclamation P Canal System General Description The P Canal system, consisting of the Tule Lake Tunnel and the P, P- l, and P- l- a Canals, conveys the water discharged from the Tunnel to multipurpose sumps located within the Lower Klamath National Wildlife Refuge. In addition, water is conveyed to federal leased lands in the lower Klamath area and to private land owners under surplus water rental agreements. Statistical Information Location: Begins in Section 11, Township 47 North, Range 3 East, MDM Type: Unlined earth channel Length: 15 miles Year Constructed: 1942 Width: Up to 25 feet Depth: Varies from 0 to 5 feet 14 Project Features and Facilities Outflow: P- l maximum flow = 250 cfs P maximum flow = 150 cfs P- l- a maximum flow = 50 cfs Operator: Reclamation Klamath Straits Drain and Pumping Plants E, EE, F, and FF General Description The Klamath Straits Drain begins at the Oregon- California border and proceeds north to the Klamath River. The water is relifted twice by pumps ( initially at pumping plants E and EE, then at pumping plants F and FF) and is then released to the Klamath River. The Straits Drain is in the Lower Klamath National Wildlife Refuge, which in turn receives drainage water from the Tule Lake National Wildlife Refuge. An environmental impact statement was prepared on this enlargement. Statistical Information Location: Begins in Section 17, Township 48 North, Range 2 East, DM Ends in Section 15 Township 40 South, Range 8 East, WM Type: Earth channel with relift pumping stations Length: 8.5 miles Year Constructed: 1941 Width: 60 feet Depth: 4- 6 feet Maximum flow: 600 cfs Operator: Reclamation Ady Canal Headworks ( Southern Pacific Railroad Crossing— Ady) General Description The Southern Pacific Railroad constructed the headworks structure and dike, in cooperation with Reclamation, to control the flow of water from the Klamath River into the Klamath Straits. The Ady Canal was later constructed by Klamath Drainage District to serve lands within the District and later enlarged to serve water to the Lower Klamath National Wildlife Refuge. The current location of the gates in the railroad and structure constructed by the District control the flow of water in the Ady Canal system. Statistical Information Location: Section 15, Township 40 South, Range 8 East, WM Type: Concrete box culvert with slide gates and stoplogs 15 Klamath Project Historic Operation Year Constructed: 1912 Maximum Flow: Unknown Irrigation Flow 250 cfs Operator: Reclamation Malone Diversion Dam General Description Malone Diversion Dam is located approximately 11 miles below Clear Lake Dam on the Lost River. The purpose of the dam is to divert water released from Clear Lake into the West Canal and the East Malone Lateral for irrigation in the Langell Valley Irrigation District. Statistical Information Location: Section 18, Township 41 South, Range 14 East, WM Type of Dam: Earth embankment wing with a concrete gate structure Year Constructed: 1923 Spillway Crest Elevation: 4,158 feet Total Usable Storage: 500 acre- feet ( est.) Maximum Surface Area: N/ A Watershed Area: N/ A Inflow: Dependent on releases from Clear Lake Outflow: Normal irrigation release West Canal = 130 cfs Normal irrigation release East Canal = 30 cfs Yield: N/ A Operator: Operated by LVID pursuant to Bureau supervision. Anderson- Rose Diversion Dam ( J Canal Headworks) General Description Reclamation constructed Anderson- Rose Dam to provide the necessary forebay for the J Canal headworks, which is located on the left abutment of the dam. The J Canal is the main distribution canal for the Tulelake Irrigation District ( TID). The dam has two outlet gates into the Lost River. The dam is located on the Lost River in Oregon. Statistical Information Location: Section 7, Township 41 South, Range 11 East, WM Type of Dam: Reinforced concrete slab and buttress, a concrete overflow spillway and gate structure Year Constructed: 1921 16 Project Features and Facilities Spillway Crest Elevation: Height = 12 feet; length = 204 feet Total Usable Storage Capacity: N/ A Maximum Surface Area: N/ A Watershed Area: N/ A Average Annual Inflow: Dependent on releases from Station 48 and irrigation return flows Maximum Diversion: 800 cfs Yield: N/ A Operator: Operated by TID pursuant to a contract with Reclamation A Canal General Description The A Canal ( formerly Main Canal) was the first irrigation facility completed on the Klamath Project. The canal supplies irrigation water, either directly or indirectly through return flows, to the majority of the Project. The headworks for the canal are located on Upper Klamath Lake west of the City of Klamath Falls. Statistical Information Location: Begins in Section 30, Township 38 South, Range 9 East, WM Ends in Section 19 Township 39 South, Range 10 East, WM Type: Earth channel with lined sections Length: 9 miles Year Constructed: 1905 Width: 60 feet Depth: 8 feet Maximum flow: 1,150 cfs Operator: Klamath Irrigation District under contract with Reclamation North Canal ( Langell Valley Irrigation District) General Description A small diversion structure is located on Miller Creek approximately 6 miles below Gerber Dam. This structure diverts water released from Gerber during the irrigation season into the North Canal. No water is released to Miller Creek below the structure; however, return flows from irrigation of adjacent lands provide some inflow. The North Canal carries irrigation water to lands within LVID. During the nonirrigation season, stoplogs in the structure are removed, allowing free passage of flow down Miller Creek. 17 Klamath Project Historic Operation Statistical Information Location: Begins in Section 5, Township 40 South, Range 14 East, WM Ends in Section 32 Township 39 South, Range 12 East, WM Type: Earth channel Length: 6 miles Year Constructed: 1918 Width: 20 feet Depth: 4 feet Maximum flow: 200± cfs Operator: Langell Valley Irrigation District under contract with Reclamation West Canal ( Langell Valley Irrigation District) General Description The West Canal headworks are located at Malone Dam on the Lost River approximately 10 miles below Clear Lake. Water is released at Clear Lake and then diverted by Malone into the canal. The West Canal supplies irrigation water to over 17,000 acres of land located in HIDandLVID. Statistical Information Location: Begins in Section 18, Township 41 South, Range 14 East, WM Ends in Section 32 Township 39 South, Range 12 East, WM Type: Earth channel Length: 10 miles Year Constructed: 1918 Width: 20 feet Depth: 4 feet Maximum flow: 200± cfs Operator: Langell Valley Irrigation District under contract with Reclamation Miller Hill Pumping Plant ( Lost River Diversion Channel) General Description Miller Hill Pumping Plant has three 35- cfs units that lift water from the Diversion Channel into the C- 4- E Lateral ( see Lost River Diversion Channel^ p. 14) for irrigation use. Statistical Information Location: Located in Section 27, Township 39 South, Range 9 East, WM Type: Concrete base interior design pumps 18 Project Features and Facilities Year Constructed: 1941 Maximum flow: 105 cfs Operator: Klamath Irrigation District pursuant to a contract with Reclamation Station 48 Turnout ( Lost River Diversion Channel) General Description Station 48 is a turnout located on the south bank of the Lost River Diversion Channel. The discharge from the turnout enters a short channel and then enters the Lost River. The turnout is operated by radio telemetry from the TID Headquarters. Statistical Information Location: Located in Section 30, Township 39 South, Range 10 East, WM Type: Concrete box culvert w/ slide gates Year Constructed: 1948 Maximum flow: 550 cfs Operator: Tulelake Irrigation District pursuant to a Purchase Order issued by Reclamation Pumping Plant D ( Tule Lake Sumps) General Description Pumping Plant D removes excess water from the Tule Lake Sumps and discharges it into the P Canal System. This is the only outlet point from the sump area. The low speed turbine type pumps are housed in a concrete building within the Tule Lake National Wildlife Refuge. The sumps act as a natural collection area for drainage return flows from Project lands. A portion of water is then removed from the sumps and used to irrigate the reserved sump lease lands and wildlife lands within the Refuge and then returned to the sumps by pumping. A considerable area within the sumps has become a marsh due to low water depths caused by siltation. Statistical Information Location: Located in Section 27, Township 39 South, Range 9 East, WM Type: Low speed interior design turbine pumps, five pumps with a combined total of 3,650 horsepower Year Constructed: 1941, enlarged in 1949 Maximum flow: 300 cfs, total annual pumpage ranges from a low of 50,000 to a high of 143,000 acre- feet; average = 91,000 acre- feet Operator: Tulelake Irrigation District pursuant to a contract with Reclamation 19 Klamath Project Historic Operation Sump Area Location: Construction: Maximum Surface Area: Maximum Safe Water Surface Elev.: Total Usable Storage Capacity: Depth: Operator: Located in Township 47 North, Ranges 4 & 5 East, MDM Earthen dikes surround the sump 12,500 acres 4035.5 feet Approximately 54,000 acre- feet Approximately 4 feet Tulelake Irrigation District pursuant to a contract with Reclamation Minor Laterals General Description Reclamation constructed numerous small laterals beginning in 1905. They provide irrigation service to agricultural lands. Very little water is diverted directly from the main canal systems on the Project. Small laterals deliver approximately 95 percent of the water to farms. The laterals range in depth from 1 foot to over 5 feet, and in width from 2 feet to over 20 feet. Statistical Information Location: Throughout Klamath Project Area Type: Earth channel ( some are concrete lined) Length: 680 miles Year Constructed: 1905 to present Width: Depth: Maximum flow: Operator: Minor Drains Varies Varies 0 to 250 cfs Reclamation, various irrigation districts, and U. S. Fish and Wildlife Service, pursuant to contracts and agreements with Reclamation General Description Reclamation constructed hundreds of small drains beginning in 1905. They provide drainage to agricultural lands that receive irrigation water from Project facilities. The drains range in depth from a few feet below the land surface to over 10 feet. In most cases, water remains in the drains year round. The terminus of most drains is in either the Lost River or the Klamath River. 20 Project Features and Facilities Statistical Information Location: Throughout Klamath Project Area Type: Earth channel Length: 728 miles Year Constructed: 1905 to present Width: Varies Depth: Varies Maximum flow: 0 to 300 cfs Operator: Reclamation, various irrigation districts, and U. S. Fish and Wildlife Service, pursuant to contracts and agreements with Reclamation Pumping Plants ( General) General Description Numerous small pumping plants on the Klamath Project elift irrigation water and drainage flows. These plants are generally less than 10 cfs and are located throughout the Project. They are all electrically operated and in some cases, are automatic. They range from low head slow revolution to high speed turbine pumps. Most, if not all, have trashracks associated with them that must be cleaned periodically. Districts operate some of the pumps, but individuals operate most of them for their farming operations. Statistical Information Location: Throughout the Klamath Project Type: Varies Year Constructed: Beginning in 1906 Maximum flow: Maximum Flow = 1 to 100 cfs Operator: Reclamation, numerous irrigation and drainage districts, and individuals, pursuant to contracts and agreements with Reclamation Direct Farm Deliveries ( Water- User- Operated Facilities) The U. S. Fish and Wildlife Service operates the Lower Klamath and Tule Lake National Wildlife Refuges. The Service makes decisions throughout the year regarding operation and management of marshlands and farmlands on the refuges. These decisions may affect Klamath Project operations and are coordinated with Reclamation. 21 Klamath Project Historic Operation Refuge Operations ( Project Lease Lands) General Description Operations of the Lower Klamath and Tule Lake National Wildlife Refuges are integral with the operations of the Klamath Project. The U. S. Fish and Wildlife Service makes decisions during the year as to management of marshlands and farmlands. These decisions have an impact upon the Reclamation operations. Klamath Project Lease Areas The Klamath Project is responsible for leasing over 23,000 acres of farmland to individuals residing mostly in the Klamath Basin. These leases generated approximately $ 1.5 million in annual gross revenue in recent years. The Kuchel Act ( PL 88- 567) governs the leasing of these lands. The Act states in part: Sec. 4. The Secretary shall, consistent with proper water fowl management, continue the present pattern of leasing the reserved lands of the Klamath Straits unit, the Southwest Sump, the league of Nations unit, the Hen^ el lease, and the Frog Pond unit, all within the executive order boundaries of the lower Klamath and Tule Lake National Wildlife Refuges.... leases for these lands shall be at a price or prices designed to obtain the maximum lease revenues. These leases shall provide for the growing of grain forage, and soil building crops. . .( 78 Stat. 851; 16 U. S. C. § 695n) 22 HISTORIC OPERATION The Klamath Project stores water in Upper Klamath Lake ( Klamath River system) and in Gerber Reservoir and Clear Lake ( Lost River system). The distribution system delivers water via a system of canals to lands in the Langell Valley, Poe Valley, Klamath Irrigation District, Tule Lake area, and Lower Klamath Lake area. The primary diversion points include Malone and Miller Diversion Dams in the Langell Valley; the Lost River Diversion Dam and Channel, controlling diversions into and out of the Klamath River; the A Canal diversion works on Upper Klamath Lake, controlling water to the Klamath Irrigation District as well as the Poe Valley and the Tule Lake area; die Anderson- Rose Diversion Dam, on the Lost River, which also diverts to the Tule Lake area; and the Ady Canal, which diverts water from the Klamath River into the Lower Klamath Lake area. In addition, Project irrigators divert directly from both the river systems and Upper Klamath Lake. Figure 2 on page 3 shows the Klamath Project with its features. Typical water delivery operations of the Project begin in late fall, when the Ady and North Canals are used to deliver water from the Klamath River to lands throughout the Lower Klamath Lake area. This water is used to flood irrigate private, federal lease, and Lower Klamath National Wildlife Refuge lands. The drain water from these lands is returned to the river via the Straits Drain. Winter flooding is the primary irrigation pattern for these lands. Irrigation and refuge water deliveries, however, continue throughout the year. Diversions range from a low during the summer months of 100 cfs to a high of 500 cfs during the late fall and winter. In March or early April, the A Canal diversions from Upper Klamath Lake begin. Flows generally begin at about 500 cfs to charge the canal system, with a gradual increase to a peak of near 1,000 cfs in May or June. This diversion serves the largest area and delivers the most water of any Project feature. Water deliveries typically continue into October. Drainage water from this service area returns to the Klamath River via the Lost River Diversion Channel and it also flows into the Lost River for reuse by other districts and the Tule Lake National Wildlife Refuge. Diversions at Miller and Malone Diversion Dams generally begin in April with flows of about 200 cfs. Flows reach a peak of about 400 cfs and generally end in October. These diversions serve about 30,000 acres in the Langell Valley. Drainage water from this system returns to the Lost River. Diversions at Anderson- Rose generally begin in mid- March with flows of 200 cfs. Flows reach a peak of about 450 cfs and end in October. Anderson- Rose diversions serve the Tule Lake area. All the drainage flows enter the Tule Lake sump. The Tule Lake National Wildlife Refuge receives water from the Tule Lake area and from the Lost River. Since the Lost River is in a naturally closed basin, Reclamation has constructed a pump and tunnel system ( pump " D") from Tule Lake to Lower Klamath National Wildlife Refuge. Return flows from irrigation accrue to Tule Lake and are reused 23 Klamath Project Historic Operation for irrigation before the watet is ultimately passed through the pump system and to the Lower Klamath Lake area, where it is used on agricultural and refuge lands. Finally, the water is returned to the Klamath River via the Straits Drain. In an average year, Gerber Dam, the source of water for Miller Diversion Dam, releases about 40,000 acre- feet of irrigation water. Clear Lake releases, during an average year, will be about 36,000 acre- feet. In an average year, Upper Klamath Lake is operated to stay within a set of guidelines that provide for irrigation storage, flood protection, ESA needs, and Tribal trusts. All water that is not needed to regulate within these guidelines is released to the Klamath River. During an average year, the Klamath River release is over 900,000 acre- feet. In addition, the Klamath Project uses 350,000 to 450,000 acre- feet for irrigation and refuge operations. Link River Dam and Upper Klamath Lake PacifiCorp operates link River Dam by following the flood control envelope in figure 3 during the spring run- off period. During wet years, PacifiCorp follows the lower elevation of the envelope, and during low runoff periods, the high elevation. During the drawdown phase of operations, Reclamation directs the power company to meet downstream needs, irrigation requirements, and power demands, as well as maintain a sufficient carryover storage. Gerber Dam and Reservoir The outlet at Gerber is opened on approximately April 15 to provide irrigation water to the LVID lands. The outlets are normally shut off on October 1. To prevent freezing of the outlet valves during the winter, approximately 1 cfs is bypassed and released into the Miller Creek channel. The bypass usually begins in November and continues to the beginning of the irrigation season. During the irrigation season, the outlets are operated on demand of LVID. Maximum flows recently experienced are in the 170- cfs range. LVID operates the dam during the irrigation season under a Purchase Order type agreement with Reclamation. During the fall and winter, Reclamation operates the dam. During the spring, the dam is operated to provide the maximum amount of storage possible and still provide flood protection to the Tule Lake lands. There is no attendant at the dam during the year; however, experience shows that the dam is visited by the district at least twice a week to make gate changes and record readings. Studies completed by Reclamation5 indicate that with a recurrence of the 1924- 34 drought, deficiencies approaching 80 to 95 percent would occur. During the 1991 irrigation season, the reservoir release was stopped in early July due to the lack of inflow that spring. 5 Upper Lost River Division, Concluding report on possibilities for water resource development and a supplemental water supply for Langell Valley, Bureau of Reclamation, June 1972 24 Historic Operation Elevation 4 1 44 4 1 4 3 - 4 1 4 2 - 4 141 - 4 140 - 4 1 3 9 - 4 1 3 8 - 4137 - 4136 N _ X-x_ - — - — •• I I I I I I I I I I f - " U p p e r Limit '• - " Lower Limit " Hr Mill II II I v. - 5TWWI HSpawn " LJLJL. ^ / R e f u g i a L i m i t s V • % I I II M i i i i i i i it i I l l Oct Nov Dec Jan Feb Mar Apr May Water Year Jun Jul Aug Sep Figure 3.- Upper Klamath Lake operational envelope. Reclamation surveyed the entire Gerber watershed in 1970 to summarize available data on the use of water above the dam6. Clear Lake Dam and Reservoir The outlet at Clear Lake is opened, usually around April 15, to provide irrigation water to LVID, HID and private < cWarren Act" contract lands. In most years, the outlets are closed around October 1. No other releases are made from the dam unless an emergency condition dictates otherwise. Since the reservoir has a storage limitation of 350,000 acre- feet from October 1 through March 1, occasional summer releases are necessary. A purchase order is issued each year that permits LVID to operate the dam on a reimbursable basis. LVID operates the gates and reports the changes to Reclamation daily. Flow changes are dictated by the needs of HID and LVID and the private users along Lost River. During the nonirrigation season, Reclamation operates the dam and reservoir. The 6 Klamath Project, Gerber Watershed Report, Bureau of Reclamation, Water Rights Engineering Branch- Sacramento, April 1970 25 Klamath Project Historic Operation reservoir is managed to store as much water as possible without encroaching on the operational guidelines. Clear Lake Dam is currently under consideration for reconstruction because of safety deficiencies. Until that is complete, storage restrictions are in place that allow for the safe operation of the dam. Reconstruction of the dam is expected to be completed in 2 years. During the interim, the elevation of the reservoir determines visits to the damsite. At higher elevations, more frequent visits are necessary, as often as every day. During 1970, a careful review and survey of all the water impoundments above the dam was made. This report7 gave pertinent facts about private and federal storage dams and induced high water irrigation techniques. The June 1994 Biological Opinion requires that Clear Lake reservoir be operated to ensure an elevation of 4521.0 feet on October 1 of each year, as specified in Reclamation's biological assessment dated January 20, 1994. As a result, Project water cannot be delivered in some years. Wilson Diversion Dam and Reservoir ( Lost River Diversion Dam) The dam is operated primarily as a diversion dam, diverting Lost River flows into the Lost River Diversion Channel and thence to the Klamath River. During the irrigation season, the water surface behind the dam is raised slightly to facilitate irrigation pumping from the reservoir. During the winter and spring, the reservoir is lowered to provide a cushion for high flow conditions. The dam is able to divert a maximum of 3,000 cfs of Lost River flows into the Diversion Channel and must spill any flows above that amount into the Lost River below the dam. The dam is equipped with automatic gates that maintain a constant lake elevation. Lost River Diversion Channel During the fall, winter, and spring, the channel is operated so that all of the water that enters from die Lost River is bypassed to the Klamath River. During periods when the flow is in excess of 3,000 cfs, water is bypassed into the Lost River. During the spring of most years, it is necessary to import water from the Klamath River to the Lost River for early irrigation in the Tule Lake area. During the summer months, the channel is operated as a forebay for the Miller Hill Pumping Plants ( see below) and the Station 48 turnout ( see below). Depending on the needs of these two irrigation diversions, water that is not able to come from the Lost River must come from the Klamath River. 7 Klamath Project, Clear Lake Watershed Report, Water Rights Engineering Branch- Sacramento, June 1970 26 Historic Operation If necessary, Reclamation can isolate the diversion channel from both the Lost River and the Klamath River for emergency and maintenance activities. During normal operations, water levels in the channel are maintained at or near the levels in the Klamath River. P Canal System This system is operated to transport water to and through the Lower Klamath Refuge. Pumping Plant D removes water from the Tule Lake Sump and discharges into the Tule Lake Tunnel. The water is then used by individuals or the Refuge, or discharged to the Klamath Straits Drain and thence to the Klamath River. On occasion, Pumping Plant D is not pumping in order to maintain objective levels in the sump. During these periods, " Special Pumping" is allowed so that water users, including the refuge, in the Lower Klamath Lake area can get water. Klamath Straits Drain and Pumping Plants E, EE, F, and FF The Klamath Straits Drain is operated at levels that will provide adequate drainage to both private lands and refuge lands. The pumps are operated to meet the flow conditions within the drain. Water quality conditions are monitored continuously near the outlet of the channel to the Klamath River. Ady Canal Headworks ( Southern Pacific Railroad Crossing— Ady) Gates at the railroad are left in the open position all the time. Flow through the structure is controlled by the district's automatic gates located downstream. The Ady Canal delivers water to the Lower Klamath Lake National Wildlife Refuge, in addition to private lands. Malone Diversion Dam When LVID begins receiving orders for irrigation deliveries from areas served by the West Canal and the East Malone Lateral, they lower the radial gates and begin to fill the reservoir. The reservoir water surface is maintained at or near 10.0 feet above the gate sill. The West and East Malone Canals are regulated at the dam. At the end of the irrigation season, the radial gates are raised to allow for passage of flood waters during the winter and spring. During some years, it is necessary to bypass flows to the Lost River through the dam. Anderson- Rose Diversion Dam ( J Canal Headworks) During the irrigation season, the elevation of the Lost River is maintained at or very near the spillway crest. This provides for a maximum head for the J Canal intake structure. Releases are carefully controlled from Station 48, located approximately 10 miles above the dam, via telemetry. These releases are coordinated with return flows accruing to the Lost River and 27 Klamath Project Historic Operation irrigation demands of TID Q Canal) to minimize potential spills below the dam. Occasionally, operational spills do occur because of the time lag between Station 48 and the dam, and the fact that returns to the river are not premeasured. Anderson- Rose Dam diverts water for Tulelake Irrigation District, with an average of 135,000 acre- feet per year diverted to the J Canal. Other sources of inflow to TID include return flows from several irrigation districts. Water in the system is eventually diverted onto individual farm units, either privately owned land or leased land within the Tule Lake National Wildlife Refuge ( 16,925 acres of irrigated land lie within the refuge). There are currently 37 pumping plants with a total of 69 pumps within TID. Capacities of these pumps range from 2 to 300 cfs. Irrigation in the district normally starts around March 1 and continues through mid- November. Return flows from fields eventually flow to the Tulelake Sumps. Annual average operations of TID are: • Station 48 to the Lost River 60,000 acre- feet • Diverted at Anderson Rose Dam 135,000 acre- feet • Diversions within the system 250,000 acre- feet • Pumping Plant D volume 100,000 acre- feet A Canal The canal is operated on a demand basis. Generally, the canal is charged with water in March or April. Flows average 500 cfs for this charge- up period. Orders for water are placed by irrigators with the watermaster, who then schedules the flow in the canal. At the end of the irrigation season, generally during October, the canal is drained into the Lost River and the Lost River Diversion Channel. North Canal ( Langell Valley Irrigation District) The canal is operated in response to crop demand, generally beginning in April. At the end of the irrigation season ( October), the canal is drained and the water returned to the Lost River. The entire supply of water for this canal comes from Gerber Reservoir. West Canal ( Langell Valley Irrigation District) The canal is operated in response to crop demand. The entire supply of water for this canal comes from Clear Lake. Miller Hill Pumping Plant ( Lost River Diversion Channel The pumps are operated on demand of the irrigators who take water from the C- 4- e system. The pumps are not used during the nonirrigation season. 28 Historic Operation Station 48 Turnout ( Lost River Diversion Channel) The Station 48 gates provide the required flow into the Lost River and then into the J Canal located at Anderson- Rose Diversion Dam. TID must estimate the amount of return flows to the Lost River between Station 48 and the headworks of the J Canal and then adjust Station 48 flows to provide for the J Canal needs. If the amount of water released is too high, the excess is spilled into the Lower Lost River below the dam. Gates are normally opened from the first of March until mid- November. From 12 to 36 hours are normally required for water from Station 48 to reach Anderson- Rose Dam. It is difficult to determine the amount of water required at the dam due to unknown quantities of return flow between Station 48 and the dam, and also the time lag between diversions at Station 48 and the dam. Pumping Plant D ( Tule Lake Sumps) Pumping Plant D is operated to maintain certain objective water levels on the Tule Lake sumps. The sump areas provide flood control, protection of wildlife, and irrigated agriculture. The objective water levels are specified by regulations to facilitate waterfowl production and hunting, and protect the Tule Lake area and the reserved sumps that Reclamation leases for agricultural use. Occasionally, the pumping plant is operated to provide irrigation water to lands dependent upon the P Canal system, including both federal and private lands. Water delivered from the pumping plant is the sole source of irrigation water for some private lands and part of Lower Klamath National Wildlife Refuge. Water levels of the sump areas are kept low during the fall and spring to provide flood protection for private lands. Considerable maintenance of the pumping plant is required during the operational period. Of particular concern is the need to remove great quantities of weeds that collect on the trashracks in front of the pumps. Minor Drains The drains are operated to provide agricultural drainage. Maintenance activities include periodic cleaning of the drains to maintain flows. Some relift pumping plants are located on the drainage system. Minor Laterals The laterals are operated by the various districts to provide field deliveries of irrigation water to farmers. Flows are dictated by the requirements of the farmers and the capacities of the laterals. As a rule, the laterals are drained during the nonirrigation season and refilled at the beginning of the season. During the drain- down of the laterals in the fall, water is released to drains and directly to the river systems, depending on location. 29 Klamath Project Historic Operation Laterals are periodically cleaned of sediment during the nonirrigation portion of the year. During the irrigation season, the laterals and canals are treated with herbicides to suppress the growth of aquatic weeds within the canal prism. This was the subject of a prior consultation with the Fish and Wildlife Service. A biological opinion, entitled Formal Consultation on the Use ofAcrolein in Canal and Drainage Ditches Within the Klamath Project Service Area, was issued by the Fish and Wildlife Service on June 14, 1989. • Pumping Plants ( General) The pumps are operated on crop demand, to remove drainage water, or to provide irrigation. Some of the pumps are used all year and others only during the irrigation season. Direct Farm Deliveries ( Water- User- Operated Facilities) Water deliveries are controlled, for the most part, by irrigation districts that have taken over operation and maintenance of project facilities. Scheduling of water deliveries allows the irrigation of all lands in rotation. The farmer orders a specific amount of water in advance of need. Project Lease Lands Leases are renewed beginning in December and any leases not renewed or coming up for rebidding are offered beginning in February to area farmers. All leasing arrangements are approved by Reclamation, in consultation with the U. S. Fish and Wildlife Service, prior to being offered. Operations for Water Year Types Wet Year Operations During wetter than normal years, full supplies are available for Klamath River releases below Iron Gate Dam. Klamath Project irrigation needs are also fully met, along with the needs of the refuges. During these periods Gerber typically spills water and Clear Lake stores all inflow, or controlled releases are made to the Lost River. During a high runoff year, Upper Klamath Lake may produce as much as 2.4 million acre- feet of net inflow, most of which could not be stored and would have to be bypassed to the Klamath River. The primary concern during wetter than normal years is for the protection of lives and property. Facilities are operated to provide for a controlled release of water from the basin. The Lost River is is prone to localized flooding during high runoff periods. A system of dikes in Langell Valley channelizes the flow during these high flow periods. 30 Historic Operation Water may be bypassed into the lower Lost River ( below Wilson Dam) to the sump area in the Tule Lake Refuge when the capacity to send the water to the Klamath River is exceeded. It was necessary to flood the federal lease lands in the Tule Lake area, thus delaying the farming operations, during the 1964- 65 flood. In addition, the Lower Klamath area experienced difficulty in the removal of water in time for the planting of crops. Average Year Operations In most average years the Project water users, including the wildlife refuges, receive sufficient water supplies. No restrictions are in place that affect timing or quantity of deliveries. The average year inflow to Upper Klamath is 1.3 million acre- feet. The Project, including the wildlife refuges, consumptively uses approximately 350,000 acre- feet. Supplies of irrigation water in the Lost River system depend upon the carryover storage from the previous year. Average inflow to Lost River reservoirs is insufficient to meet irrigation demand without sufficient carryover storage. Drought Year Operations During previous drought years, in order to conserve as much water in Upper Klamath Lake as possible, the Project initiated a variance ( i. e., reduced flows to below those set forth by the Federal Energy Regulatory Commission) in the Klamath River below Iron Gate. The variance was issued as soon as irrigation supplies were threatened. The variance not only conserved water for irrigation, but also allowed for later releases of water for fish enhancement in the lower Klamath River. Water Contracts The Klamath Project water users obtain their irrigation water supply from Project facilities pursuant to various contracts with Reclamation. Reclamation obtained water rights for the Project in accordance with California and Oregon State law, pursuant to the Reclamation Act of 1902. The priority date for Project water rights is generally 1905, and some rights may date from 1878. Reclamation entered into numerous contracts pursuant to Article 9( d) of the Reclamation Act of 1904 with various irrigation districts to provide for the repayment of Project costs and the granting of water rights. The contracts specify an acreage to be covered by the water right granted, and in most cases, do not specify an amount of water relying on beneficial use for the amount of water used. The contracts are all written in perpetuity. In all, over 250 contracts for water service are administered either directly or through irrigation districts on the Klamath Project. Contracts also cover the operation of the facilities that were transferred to the water users for operational responsibility. Irrigation Districts that fall into this category are Klamath Irrigation District, Tule Lake Irrigation District, and the Langell Valley Irrigation District. 31 Klamath Project Historic Operation In addition to the above, Reclamation entered into numerous contracts that were written pursuant to the Warren Act of 1911. These contracts provided for a water supply at a certain point, with the responsibility of the contractor to construct all the necessary conveyance facilities ( i. e., pumps, laterals, and turnouts) and be responsible for their operation and maintenance. Some of the districts ( and their respective contracts, only the most recent of which is listed) that own all or a portion of their privately constructed facilities are: District Name Van Brimmer Ditch Company Klamath Basin Improvement District Enterprise Irrigation District Malin Irrigation District Pine Grove irrigation District Sunnyside Irrigation District Westside Improvement District Shasta View Irrigation District Klamath Drainage District Emmitt District Improvement Company Midland District Improvement Company Poe Valley Improvement District Ady District Improvement Company Plevna District Improvement Company Horsefly Irrigation District Upper Klamath Lake contractors Individual contracts Nearly all contracts written during the past 85 years on the Klamath Project obligate the United States to the delivery of irrigation water. Clauses in most contracts include language similar to the following example: ' The United States shall deliver in the Klamath River at the outlet of Upper Klamath lMke. An all a total of 522.7 irrigable acres, a sufficient quantity of water as may be beneficially used upon said lands.,. the quantity of water sufficient for the irrigation of said 522.7 acres shall be as determined by the Secretary of the Interior...." Contract Date November 6, 1909 April 25, 1932 March 18, 1935 May 5, 1936 June 19, 1936 June 25, 1936 October 20, 1936 August 20, 1938 April 28, 1943 December 1,1947 February 2, 1952 July 20, 1953 August 5, 1954 February 7, 1958 August 24, 1976 Various contract dates Various contract dates Acreage 3,315 10,403 2,981 3,507 927 595 1,190 4,141 19,229 424 581 2,636 435 523 9,843 7,918 9,960 32 Historic Operation Appendix C contains more detailed information on contractual relationships. Temporary Water Contracts Each year Reclamation determines whether surplus water is available to irrigators ( see Water Supply Forecasting, p. 36). In many cases, irrigators have been receiving surplus irrigation water from Reclamation for over 50 years. For numerous reasons, these irrigators were never given a permanent contract. Concurrently, the districts also make a determination whether or not to sell surplus water. The irrigable acreage covered by surplus water contracts in 2000 was approximately 5,248 acres. The irrigable acreage represented by these temporary contracts is less than 2 percent of the total acreage irrigated on the Project. Water is delivered to these lands through the existing irrigation systems. In many cases, the water is delivered and controlled by the irrigation districts. National Wildlife Refuges Four national wildlife refuges lie adjacent to or within Klamath Project boundaries — Lower Klamath, Tule Lake, Clear Lake, and Upper Klamath. These refuges were established by Executive Orders dating as early as 1908. The refuges are managed by the U. S. Fish and Wildlife Service under the Migratory Bird Treaty Act, the Refuges Administration Act, the National Wildlife Refuge System Improvement Act, and other laws pertaining to the National Refuge System. These refuges support many fish and wildlife species and provide suitable habitat and resources for migratory birds of the Pacific Flyway. Portions of the refuges are also used for agricultural purposes. The refuges either receive water from or are associated with Project facilities. Reclamation has an obligation to ensure that the refuges receive adequate water to fulfill their federal reserved water rights ( i. e., the amount of water necessary to fulfill the primary purposes of the refuges) when in priority and when water is available. In addition, Reclamation can continue to provide available Project water for beneficial reuse by the refuges to the extent of past and current usage and consistent with Project purposes ( DOI, 1995). The refuges have federally reserved water rights for the water necessary to satisfy the refuges' primary purposes. In addition, the Lower Klamath and Tule Lake refuges have water rights based on a portion of the Klamath Project water right. Power Contracts In 1917, the United States entered into a contract with California Oregon Power Company, now PacifiCorp, under which the power company was given the right to construct link River Dam at the outlet of Upper Klamath Lake, and the right to use certain amounts of water after the requirements of the Klamath Project were satisfied. The contract was to cease, and title of the dam was to vest in the United States 50 years from the date of execution. The contract was renewed early as a result of the FERC Project 2082 concerning the construction and operation of downstream Klamath dams operated by the power 33 Klamath Project Historic Operation company. The present contract, which will expire in 2006, allows PacifiCorp to operate the dam within certain guidelines ( see Hydroelectric Power, p. 9 and Unk River Dam and Upper Klamath Lake, p. 11). Water Rights Information Acquired Water Rights In addition to initiating the appropriative rights procedure in the State of Oregon, the United States acquired some early pre- Project rights to use water by purchase from landowners with prior rights entitlements. The fact that a considerable number of these rights were purchased by the United States indicates that early private development of the basin was well under way at the advent of Reclamation. It was necessary to purchase these rights from the entities involved so that Reclamation had full control of all of the rights to the use of water in the basin to facilitate Project operation. Appropriation by the United States On May 19,1905, a " Notice of Intention to Utilize All Waters of the Klamath Basin" was filed by the Reclamation Service, Predecessor to the Bureau of Reclamation, in the office of the State Engineer of Oregon. It is recorded in " Water Filings" on page 1. This notice was also published in the Klamath Falls Express of Klamath Falls, Oregon on June 15, 22, 29, and July 6,1905. The Reclamation Service of the United States filed detailed plans and specifications covering the construction of the Klamath Irrigation Project with the State Engineer of Oregon on May 6,1908, and on May 8,1909, filed with the State Engineer proof of authorization of the construction of the works therein set forth. Prior to December 19,1914, appropriative water rights could be acquired in California by posting and recording a notice stating the nature and quantity of the proposed appropriation and by thereafter exercising due diligence in putting the water to beneficial use. The required postings were made on behalf of the United States. Adjudication Proceedings • A formal adjudication of a river system establishes in a competent court the relative rights to the use of water within the area that is being adjudicated. Testimony is received from all persons claiming a right and the State makes determinations based on the testimony of the relative priority dates. The Klamath River Basin is in such a process. The State of Oregon began the adjudication of the Lost River system in 1910. Certificates were issued to individuals who had rights predating the Klamath Project's filings. Since Reclamation was not a party to the adjudication, certificates were not issued to Reclamation 34 Historic Operation or its contractors. The State did, however, set aside 60,000 acres for Reclamation to later claim certificates on. A number of irrigators above Gerber Dam claimed to have not been notified of the 1918 adjudication. As a result, the State reopened the adjudication process and completed it in 1989. This portion of the adjudication set forth the relative priorities of water use above Gerber Dam. The Klamath River Basin Adjudication covers all Project lands served by the Klamath River. Other federal entities involved include the National Park Service, U. S. Department of Agriculture, Bureau of Land Management, the U. S. Fish and Wildlife Service, and Bureau of Indian Affairs on behalf of the Klamath Tribes. In 1975, the State of Oregon, through its Water Resources Department ( OWRD), initiated the Klamath River Basin adjudication to determine all claims to surface water in the Basin. By 1986, the State of Oregon had completed a considerable amount of work in mapping the places of use within the Project. In 1990, the OWRD reissued notices of intent to adjudicate the Klamath River Basin, and during 1991, required all persons claiming a right to the use of water from the River to file. The United States did not file, claiming that the adjudication violated the McCarran Amendment which requires that any adjudication involving the United States must be complete and include ground water. In subsequent legal proceedings, the United States lost, and as a result, all claims were to be filed with the State in April 1997 for both use and storage. Open inspection of claims was extended through March 2000. In May 2000, several thousand contests were filed on individual claimants and the State's Preliminary Evaluations of Claims. Concurrent with the Klamath adjudication, the State of Oregon has begun an Alternative Dispute Resolution ( ADR) process in an attempt to resolve as many water rights issues in the adjudication as possible to avoid litigation by various claimants. The U. S. has participated in the ADR process from its beginning, along with the Klamath Tribes, various individuals, and the Klamath Project water users. Meetings are held monthly. The ADR process may help solve disputes; however, difficult issues remain to be resolved. The State of Oregon has proposed a broad settlement framework that is being considered by the Administrative Subcommittee of the ADR Group. In addition, the Klamath Tribes and project irrigators have negotiated a framework settlement agreement which is under review by various parties to the ADR. The Klamath Tribes have also presented a settlement proposal on the tributary area above Upper Klamath Lake. Several technical teams have been formed to deal with specific ADR issues. Reclamation actively participates on the Hydrology Technical Committee. More detailed information on existing water rights can be found in appendix C. 35 Klamath Project Historic Operation Water Supply Forecasting Each year, the Klamath Project forecasts available water supplies, beginning in January. Information such as watershed conditions, carryover storage, NRCS forecasts, projected water use for both irrigation and wildlife use, and other available data for varied sources are used by Klamath Project personnel to forecast the condition of Project systems during the ensuing year. The forecast and water supply declaration have been presented in annual operations plans since 1995. The annual operation plan is presented to the water user community as soon as practicable, usually in early May. The plan delineates how much water is available to meet the demands that may be placed upon the Project. Chronology of Key Events ( 1961 to 2000) Relevant to Project Operation 1961 Klamath Project facilities completed and fully operational. Reclamation operates the Project to meet its authorized purposes, in accordance with State law, the annual forecast/ availability of water and contractual obligations with Project water users and PacifiCorp. 1986 State of Oregon initiates water rights adjudication for Klamath River for the Oregon portion of the Klamath Basin. 1988 The Lost River and shortnose suckers listed as endangered under the Endangered Species Act on July 18, 1988. 1989 First discussions with the Klamath Tribes regarding effects on tribal trust resources resulting from entrainment of endangered fishes into Project canals. 1989 Initial consultation with U. S. Fish and Wildlife Service under Section 7( a)( 2) of the Endangered Species Act regarding effect of Klamath Project operation on listed species (" jeopardy" biological opinion dated June 14, 1989 on the effects of use of Acrolein on Project lands). 1991 - 1992 Several interim Section 7 ( a) ( 2) consultations with U. S. Fish and Wildlife Service completed for Project operations ( biological opinions dated August 14, 1991 [ jeopardy], January 6, 1992 [ no jeopardy], March 27, 1992 [ jeopardy] and May 1, 1992 [ no jeopardy]). 1992 Critical dry water year, driest year on record since operation of Klamath Project began. Reclamation develops water conservation plan and Drought Plan. 36 Historic Operation 1992 Discussions with downstream Tribe( s) regarding impacts of Project operation on Klamath River flows and tribal fishery rights and resources. 1992 Comprehensive Section 7( a)( 2) formal consultation with U. S. Fish and Wildlife Service completed on the effects of long- term operation of the Klamath Project (" jeopardy" biological opinion with reasonable and prudent alternative and incidental take statement dated July, 22, 1992) that superseded previous biological opinions. 1993 The Klamath River Basin Fishery Resources Restoration Act ( P. L. 99- 552) enacted and Klamath River Fisheries Task Force created resulting in heightened awareness of downstream issues and effects of Project operation. 1994 Section 7( a)( 2) formal consultation with U. S. Fish and Wildlife Service on the long- term operation of the Klamath Project, with special reference to operations at Clear Lake on the Lost River Sucker, Shortnose Sucker, Bald eagle and Peregrine Falcon (" jeopardy" biological opinion dated August 11, 1994— this opinion's Reasonable and Prudent Alternative superseded portions of the July 7, 1992 opinion that referred to Clear Lake and provided an updated Incidental Take Statement for Klamath Project operations.) 1994 Critical dry water year, third driest year on record. First government- to-government meetings held with Tribes, resulting in Reclamation's heightened awareness of tribal trust responsibilities. Water users, Tribes and other interested parties ask Reclamation to prepare written plan of operation to allay concerns about uncertainty about availability of Project water. First attempts to initiate a Klamath Project Operations Plan ( KPOP). 1995 Section 7( a)( 2) consultation with U. S. Fish and Wildlife Service on use of pesticides and fertili2ers on federal lease lands, and Acrolein and herbicide use on Klamath Project right- of- ways (" no jeopardy" biological opinion on endangered fishes dated February 9, 1995) 1995 Annual Operations Plan prepared by Reclamation for Klamath Project ( plans subsequently prepared for years 1996- 2000) 1995 Initial conferencing with NMFS on 1995 operations plan for the Klamath Project ( letter of concurrence from NMFS dated April 7, 1995 stating that 1995 plan not likely to jeopardize the coho salmon [ a species proposed for listing]). 1995 Reclamation receives Memorandum from Dept. of the Interior Regional Solicitor, Pacific Southwest Region, describing certain legal rights and obligations related to the Klamath Project for use in preparation of the 37 Klamath Project Historic Operation Klamath Project Operations Plan ( app. A). Reclamation incorporates the advice given in this memorandum into its annual operations plans. 1996 Reinitiation of Section 7( a)( 2) consultation on PacifiCorp and The New Earth Company operations permitted by Reclamation on the Lost River and Shortnose Sucker ( biological opinion dated July 15, 1996 stating that the operations are not likely to jeopardize the species). 1997 Listing of the southern Oregon/ northern California coho salmon as threatened under the Endangered Species Act on May 6, 1997. 1997 Reclamation publishes Notice of Intent ( NOI) to prepare environmental impact statement on Klamath Project Long- Term Operations Plan ( supplemental NOI issued in February 1999). 1998 First formal Section 7( a)( 2) consultation with NMFS regarding Klamath Projects operations 1999 Biological Opinion issued, dated July 1999, stating that Project operation is not likely to jeopardize the coho salmon during the defined period of operation 2000 Project operation in accordance with determination pursuant to Section 7( d) of the ESA in a below- average water year 38 RIVER FLOWS AND LAKE ELEVATIONS RESULTING FROM HISTORIC OPERATION Since 1995, Reclamation has operated the Klamath Project according to an annual operations plan. Each of these years was an above average water year. The most recent annual operations plan is dated April 26, 2000 and covers the period of April 1, 2000 through March 31, 2001. This water year was a below average water year. The annual operations plans have been developed to assist Reclamation in operating the Klamath Project consistent with its obligations and responsibilities, given varying hydrological conditions. Project operations plans have been influenced by events and actions such as: • Varying hydrological conditions in the watershed from year to year • Changes in the Klamath River watershed and lands adjacent to Upper Klamath Lake • Changes in agricultural cropping patterns • Changes in national wildlife refuge operations • Previous consultations under Section 7 ( a) ( 2) of the ESA • Recognition of trust responsibilities for Klamath Basin Indian Tribes, both upstream and downstream of the Project • Reclamation's obligation and responsibilities described in the July 25,1995 and January 9, 1997 Regional Solicitors' memoranda This analysis uses historic Klamath River flows froml961 through 1997. It uses historical water elevations of Upper Klamath Lake, Clear Lake, and Gerber Reservoir from October 1960 through September 1998. This period encompasses the time when existing project features/ facilities have been in operation, and it is the period of hydrological and project operation records incorporated into the water accounting spreadsheet model ( KPOPSIM) for the Klamath Project. Water Year Types The 38 years of historic April- through- September net inflow data to Upper Klamath Lake ( using 1996 bathymetric data) were used in a statistical analysis to determine hydrologic year type indicators for the KPOPSIM water model. The first step was to determine if the data fit a normal distribution. Once this determination was made, the arithmetic mean ( average) was calculated ( 500,400 ac- ft). Next the standard deviation ( based on sample) was calculated ( 187,600 ac- ft). Approximately 68 percent of the inflow years fall within the range of 500,400 ± 187,600 acre- feet. The average minus one standard deviation equaled 39 Klamath Project Historic Operation approximately 312,000 acre- feet. The water years between 500,000 and 312,000 acre- feet are defined as below average inflow. Because there are significant operational spills for inflows above 500,000 acre- feet, the upper end of the area defined by mean plus one standard deviation was not used, and 500,000 acre- feet was used as the above average indicator. For the boundary between critical and dry, the mean minus two standard deviations was calculated and found to be lower than the lowest inflow on record. Since this couldn't be used, percentile rankings were developed for the full 38 years of inflow data, and the third percentile was found to be 185,000 acre- feet and was used for the dry indicator. Any year below the dry indicator was classified as a critical year. Project Operation From 1961 through 1994, operation decisions for flows downstream of Iron Gate Dam were made in coordination with PacifiCorp with consideration for current inflow, projected runoff, and projected irrigation and refuge needs. Deference was given to PacifiCorp's FERC flow schedule requirements when sufficient water supply was available. However, review of historic flow data contained in table 1 illustrates that the actual flows realized reflect an operation within hydrologic constraints and deliveries for agricultural and refuge uses, with a relatively minor influence of the FERC flow schedule. The data in table 1 also illustrate the lack of storage capability within the Klamath Project. October through March Irrigation and refuge water demands from October through March were relatively nominal, and the flows at Iron Gate were a function of balancing filling of Upper Klamath Lake against downstream flows. When flows exceeded the FERC minimum of 1,300 cfs ( Note: Because the FERC minimum is an instantaneous value, when operating to the minimum, the average is generally 20 to 50 cfs above the minimum), it was a function of passing inflow to maintain flood control elevation in Upper Klamath Lake. The contrast between water year types is evident from the record during this period. April through June April through June is a transition period, including the recession of snow pack runoff and the onset of summer irrigation demand. The timing of runoff is highly dependent on weather and snow pack conditions. Upper Klamath Lake is operated to fill in accordance with flood control criteria and in consideration of forecasting of runoff from remaining snow pack. Inflow in excess of filling and diversion needs is released at link River Dam. link River releases and downstream accretions make up the flows at Iron Gate Dam. Typically there is a " lull" between late winter low elevation runoff and the onset of higher elevation snow melt. This has often resulted in a temporary reduction of flow at Iron Gate Dam. These fluctuations in flow depend on weather conditions that affect snow melt. Figure 4 illustrates these conditions. Reclamation will explore ways to minimize the depressed flows that occur during this period. 40 River Flows and Lake Elevations Resulting from Historic Operation 10000 Figure 4.- Klamath River flows ( in cfs) below Iron Gate Dam ( 1995- 1996). July - September Snow pack has generally melted prior to this period. Inflow to reservoirs is the result of springs, stream flow, and occasional summer storms. During this period, the Project draws upon reservoir storage in addition to inflow to provide irrigation for crop production, refuge needs and flows to the Klamath River. Klamath River Flows Below Iron Gate Dam Table 1 contains historical data ( 1961 through 1997) for Iron Gate Dam flows, based on U. S. Geologic Survey ( USGS) daily flow records. This table summarizes the historical daily minimum, maximum and average flows for the 17 time steps for each water year type. USGS data for historical flow at Iron Gate Dam is provided in daily cfs. Values for average monthly ( or half- monthly) flow were developed for every time step in the period of record. These values were then split up by year type. Take the " dry" year type and the " October" time step for an example. Five years in the period of record are designated as dry. The five average flow values for Octobers in dry year types can be considered together to calculate an overall average for dry Octobers. Among these five values is also a lowest and highest, and 41 Klamath Project Historic Operation these are the maximum and minimum values that appear in the table. This approach was used for every time step for every year type to create the table. Table 1.- Historic Iron Gate Dam flows ( 1961 through 1997- values in cfs). Oct. Nov. Dec. Jan. Feb. Mar. 1- 15 Mar. 16- 31 Apr. 1- 15 Apr. 16- 30 May 1- 15 May 16- 31 Jun. 1- 15 Jun. 16- 30 Jul. 1- 15 Jul. 16- 31 Aug. Sep. Oct. Nov. Dec. Jan. Feb. Mar. 1- 15 Mar. 16- 31 Apr. 1- 15 Apr. 16- 30 May 1- 15 May 16- 31 Jun. 1- 15 Jun. 16- 30 Jul. 1- 15 Jul. 16- 31 Aug. Sep. Max. 3353 5254 6735 9553 9150 12447 9219 9254 7205 5005 6247 4495 2084 2194 1122 1208 2052 Max. 1382 1390 3903 4348 2217 2790 2148 1767 1325 1025 1039 931 735 739 742 1033 1048 19 Above Average Min. 1329 1337 1387 1127 910 1953 2101 1781 1629 1730 1026 760 742 705 680 1011 1035 Ave. 1912 2547 2987 3249 4143 4864 5268 4805 3860 3383 2761 1764 1031 870 772 1049 1457 5 Dry Min. 852 873 889 888 747 725 724 728 754 761 924 712 612 547 542 647 749 Ava. 1094 1218 2290 2588 1554 1683 1464 1183 1039 968 996 782 700 669 678 824 953 St. Dev. 586 1071 1213 1785 2244 2851 2008 1906 1179 1088 1329 1150 365 327 107 46 206 St. Dev. 220 189 1305 1307 505 817 545 381 241 104 41 77 45 76 75 152 112 Max. 2511 2986 6653 9489 5656 5017 3682 3067 2493 2083 1714 1480 1295 940 1023 1094 1428 Max. 937 915 944 1191 730 712 572 843 636 741 714 706 702 572 575 636 906 11 Below i Min. 1308 1324 1435 1334 1546 1439 1748 1455 1305 1010 1003 728 696 709 682 701 725 Average AVB. 1592 1999 2835 3166 2532 2501 2391 2009 1701 1351 1188 912 806 758 784 995 1272 2 Critical Min. 904 909 914 1011 525 501 521 569 574 525 501 476 536 429 427 398 538 Avs. 920 912 929 1101 627 607 547 706 605 633 608 591 619 501 501 517 722 St. Dev. 345 621 1507 2337 1156 1006 591 587 426 372 228 230 163 69 94 104 184 St. Dev. 16 3 15 90 103 106 26 137 31 108 106 115 83 71 74 119 184 Figures 5- 8 graph the data in table 1. The graphs have boxes whose upper and lower bounds represent the average + 1 standard deviation and the average - 1 standard deviation respectively, and lines running up and down from the boxes which represent the magnitude of the maximum and minimum values that went into the average and standard deviation. 42 River Flows and Lake Elevations Resulting from Historic Operation Above Average Years Above average years ( fig. 5) occurred in 19 of the 37 hydrologic years used for this analysis ( 51.3%). The minimum time step ranged from 680 cfs in the later part of July to 2,101 cfs in the later part of March. The average time step ranged from 772 cfs in late July to 5,268 cfs in late March. ( Au 14000 12000 10000 8000 6000 4000 2000 0 / mm - ii • - . , . ' i ; 1 ma SI . . • I r~ : j rfl Hi • • • . • . - . ..• • . • : • • . • • : 1 ,:.:,::.:. j fEm i . . it IPS * " : - : - : - : > : S v ; f ; ~ . . ; , . ; ;;: •;: ;; iliill lilt ML * „„- :•- ;;: 7 r : , ; : ; g I t o <,- 2 S Figure 5.— lron Gate Flow statistics- above average year types. Below Average Years Below average years ( fig. 6) occurred in 11 of the 37 hydrologic years used for this analysis ( 29.7%). The minimum time step ranged from 682 cfs in late July to 1,748 cfs in late March. The average time step average ranged from 758 cfs in late July to 3166 cfs in January. Figure 6.— Iron Gate Flow statistics— below average year types 43 Klamath Project Historic Operation Dry Years Dry years ( fig. 7) occurred in 5 of the 37 hydrologic years used for this analysis ( 13.5%). The minimum time step ranged from 542 cfs in late July to 924 cfs in late May. The average time step ranged from 669 cfs in late July to 2,588 cfs in January. 5000 is I f Figure 7.— Iron Gate Flow statistics- dry year types. Critical Years Critical years ( fig. 8) occurred in 2 of the 37 hydrologic years used for this analysis ( 5.5%). The minimum time step ranged from 398 cfs in August to 1011 cfs in January. The average time step ranged from 501 cfs in July to 1,101 cfs in January. 1400 1200 s Figure 8.— Iron Gate Flow statistics- critical year types. 44 River Flows and Lake Elevations Resulting from Historic Operation Upper Klamath Lake, Clear Lake, and Gerber Reservoir Elevations Upper Klamath Lake Table 2 contains historical water surface elevation data for water years 1961 through 1998 ( October 1960 through September 1998), based on PacifiCorp's daily records. This table summarizes the historical end- of- month minimum, maximum, and average elevations for each water year type ( critical, dry, below average, and above average). All values are in feet above mean sea level. Figures 9- 12 present the historic data graphically. The graphs have boxes whose upper and lower bounds represent the average + 1 standard deviation and the average - 1 standard deviation respectively, and lines running up and down from the boxes represent the magnitude of the maximum and minimum values. Table 2.— End- of- month Upper Klamath Lake elevations by water year type ( 1960- 1998). Oct. Nov. Dec. Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Oct. Nov. Dec. Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Max. 4141.41 4141.23 4141.63 4142.40 4142.87 4142.73 4143.21 4143.29 4143.25 4142.73 4142.34 4141.98 Max. 4139.60 4140.50 4141.81 4141.54 4142.38 4142.84 4142.95 4142.85 4142.45 4140.86 4139.78 4139.45 20 Above Average Min. 4138.98 4139.55 4139.58 4139.54 4140.56 4141.10 4142.26 4142.85 4142.17 4140.83 4139.66 4138.95 5 Min. 4138.18 4138.96 4139.66 4140.26 4140.41 4141.70 4141.68 4141.40 4140.39 4139.10 4138.38 4137.55 Average 4140.57 4140.53 4140.64 4141.05 4141.86 4142.43 4142.86 4143.03 4142.78 4141.93 4141.07 4140.63 Dry Average 4138.66 4139.78 4140.70 4141.12 4141.62 4142.42 4142.44 4142.43 4141.63 4140.21 4139.11 4138.49 St. Dev. 0.73 0.56 0.52 0.75 0.55 0.36 0.21 0.10 0.34 0.59 0.78 0.86 St. Dev. 0.50 0.51 0.72 0.46 0.67 0.43 0.49 0.54 0.71 0.63 0.50 0.62 Max. 4141.35 4141.21 4143.50 4143.02 4142.20 4142.73 4143.06 4143.16 4142.79 4141.91 4141.80 4141.46 Max. 4137.59 4138.32 4139.27 4140.27 4141.35 4142.19 4142.12 4142.00 4140.81 4139.04 4137.72 4137.43 11 Below Min. 4138.36 4138.99 4138.80 4139.41 4140.15 4141.35 4142.15 4142.22 4141.30 4140.00 4138.85 4138.18 Average Averace 4139.51 4140.00 4140.60 4140.96 4141.41 4142.25 4142.68 4142.64 4142.05 4140.97 4140.07 4139.53 2 Critical Min. 4136.93 4137.80 4138.58 4140.01 4140.94 4141.80 4141.68 4140.70 4139.45 4138.77 4137.52 4136.84 Average 4137.26 4138.06 4138.93 4140.14 4141.15 4142.00 4141.90 4141.35 4140.13 4138.91 4137.62 4137.14 St. Dev. 0.82 0.72 1.09 1.00 0.68 0.37 0.25 0.30 0.47 0.61 0.81 0.84 St. Dev. 0.33 0.26 0.34 0.13 0.20 0.20 0.22 0.65 0.68 0.13 0.10 0.30 45 Klamath Project Historic Operation Above Average Years.— Above average years occurred in 20 of the 38 hydrologic years used for this analysis ( 52.6%). The minimum elevation ranged from 4139.55 at the end of November to 4142.85 at the end of May. The average ranged from 4140.53 at the end of November to 4143.03 at the end of May ( table 2, fig. 9). Figure 9.— Upper Klamath Lake elevations ( 1960- 1998) by month for above average water years. Below Average Years.— Below average years occurred 11 of the 38 hydrologic years used for this analysis ( 28.9%). The minimum elevation ranged from 4138.18 in September to 4142.22 in May ( table 2, fig. 10). The average elevation ranged from 4139.51 in October to 4142.68 in April. 4144 4143 x 4140 El 4139 4136 4137 4136 • '&&£*&& a t I j E l m § i • I IJ ! R ..... .. m • II HI 1 L• s i . , i § i ilii SB£ I KSffi ilil • • S3 SHIS ~~~ r ! Ililli li= ... Si « I -. S « • : f 95; IBM - iTjpii I I I I Figure 10.— Upper Klamath Lake elevations ( 1960- 1998) by month for below average years. 46 River Flows and Lake Elevations Resulting from Historic Operation Dry Years.— Dry water years occurred in 5 out of 38 years hydrologic years used for this analysis ( 13.2%). The minimum elevation ranged from 4137.55 in September to 4141.70 in March ( table 2, fig. 11). The average elevation ranged from 4138.49 in September to 4142.44 in April. Figure 11.— Upper Klamath Lake elevations ( 1960- 1998) by month for dry water years. Critical Years.— Critical years occurred in 2 of the 38 hydrologic years used for this analysis ( 5.3%). The minimum elevation ranged from 4136.84 in September to 4141.80 March ( table 2, fig. 12). The average elevation ranged from 4137.14 for September to 4142.00 for March. 4136 Figure 12.- Upper Klamath Lake elevations ( 1960- 1998) by month for critical years. 47 Klamath Project Historic Operation Clear Lake Table 3 summarizes historical water surface elevations for water years 1961 through 1998 ( October 1960 through September 1998). Figures 13- 16 present the data graphically. Table 3.- End- of- month Clear Lake elevations by water year type ( 1960- 1998). Oct. Nov. Dec. Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Oct. Nov. Dec. Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Max. 4537.02 4537.05 4539.43 4539.60 4540.11 4541.63 4542.28 4541.89 4541.27 4540.33 4538.97 4537.86 Max. 4528.30 4528.30 4528.48 4529.02 4532.00 4532.68 4532.54 4532.18 4531.20 4530.20 4529.13 4528.30 20 Above Average Min. 4524.00 4524.05 4524.15 4524.30 4521.46 4526.57 4527.52 4527.70 4526.70 4525.70 4524.70 4524.12 5 Min. 4522.50 4522.51 4522.80 4522.85 4527.00 4527.10 4526.90 4526.42 4525.65 4524.45 4523.52 4522.75 Averace 4531.90 4531.87 4532.21 4532.93 4532.97 4535.07 4536.08 4535.91 4535.16 4534.14 4533.08 4532.29 Dry Averaee 4525.38 4525.71 4526.60 4527.45 4529.45 4529.85 4529.59 4529.14 4528.28 4527.11 4526.18 4525.52 St. Dev. 3.37 3.41 3.70 3.98 4.68 4.21 3.80 3.67 3.68 3.66 3.57 3.49 St. Dev. 1.91 1.85 2.05 2.32 1.83 1.87 1.83 1.87 1.81 1.87 1.86 1.88 Max. 4532.60 4532.96 4533.78 4535.44 4536.50 4537.45 4537.15 4536.50 4535.84 4534.70 4533.65 4532.86 Max. 4521.54 4521.65 4521.96 4525.89 4526.20 4526.30 4525.84 4525.39 4524.49 4523.16 4521.43 4521.70 11 Below Min. 4521.33 4521.47 4521.70 4521.87 4523.37 4524.25 4525.50 4525.10 4524.08 4522.88 4521.90 4521.28 Average Averaee 4527.05 4527.17 4527.86 4528.70 4530.18 4530.91 4531.25 4530.66 4529.96 4528.81 4527.86 4527.17 2 Critical Min. 4519.30 4519.29 4519.35 4519.40 4523.00 4522.84 4522.75 4521.77 4521.18 4520.44 4519.82 4519.42 Average 4520.42 4520.47 4520.66 4522.65 4524.60 4524.57 4524.30 4523.58 4522.84 4521.80 4520.63 4520.56 St. Dev. 3.33 3.36 3.37 3.75 4.37 4.35 3.81 3.69 3.69 3.77 3.80 3.78 St. Dev. 1.12 1.18 1.30 3.24 1.60 1.73 1.54 1.81 1.66 1.36 0.80 1.14 48 River Flows and Lake Elevations Resulting from Historic Operation Above Average Years.— The minimum elevation ranged from 4524.00 in October to 4527.70 in May ( table 3, fig. 13). The average ranged from 4531.87 in November to 4536.08 in April. Figure 13.— Clear Lake elevations ( 1960- 1998) by month for above average years. Below Average Years.— The minimum elevation ranged from 4521.28 in September to 4525.50 in April ( table 3, fig. 14). The average ranged from 4527.05 in October to 4531.25 in April. 4545 4540- 4515- 1 1 1 * 2 1 * 1 * 3 ! Figure 14.- Clear Lake elevations ( 1960- 1998) by month for below average years. 49 Klamath Project Historic Operation Dry Years.— The minimum elevation ranged from 4522.50 in October to 4527.10 in March ( table 3, fig. 15). The average ranged from 4525.38 in October to 4529.85 in March. 4545 4540 • o 45! c • H* 4530 4525 4520 4515 1• H 1• S I tat III His 1 if: ill ' - " • ' • • ' — 1 * . • : > . . • , mi. • toft I .,.„., 1 ...... . i ay •,:•<•••::• . • : • • « • • = • • : • • • 11 mm • it • I - I 1 !„,„ •:• 1 1 * • • * : l ' • ill mm . . . „ 3 if : S3- it i I It 1 i lllii M ,,,,,,,,,,,,,,,, I I 4 I £ I I I * Figure 15.- Clear Lake elevations ( 1960- 1998) by month for dry years. I I Critical Years.— The minimum elevation ranged from 4519.30 in October to 4523.00 in February ( table 3, fig. 16). The average ranged from 4520.42 in October to 4524.60 in February. • 3 4545 4540 4535 4530 4525 4520 4515 : • _ . . . M U\ 8 i Hill ; • : • • , : . . . • - : • : " : % % y. ' « : • i i as . : i i — i • Sj ilii • • : • • I: /:::. 1 - J : ,,:, y., O,;; M^ ill „ _ _ sail Sli f- mm I I I I Figure 16.- Clear Lake elevations ( 1960- 1998) by month for critical years. 50 River Flows and Lake Elevations Resulting from Historic Operation Gerber Reservoir Table 4 summarizes Gerber Reservoir historical water surface elevations for water years 1961 through 1998 ( October 1960 through September 30, 1998). Figures 17- 20 present the data graphically. Table 4.— End- of- month Gerber Reservoir elevations by water year type ( 1960- 1998). Oct. Nov. Dec. Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Oct. Nov. Dec. Jan. Feb. Mar. Apr. May. Jun. Jul. Aug. Sep. Max. 4826.26 4828.12 4834.60 4834.18 4835.04 4836.19 4836.48 4836.29 4835.16 4832.68 4830.39 4828.00 Max. 4809.20 4811.50 4821.60 4822.20 4825.65 4825.91 4824.71 4822.84 4819.52 4815.48 4812.90 4809.64 20 Above Min. 4815.18 4815.16 4815.20 4816.58 4802.24 4821.30 4827.30 4827.00 4824.10 4820.81 4817.98 4815.26 Average Averaae 4822.30 4822.54 4823.50 4824.79 4825.11 4831.21 4833.75 4832.83 4830.66 4827.80 4825.00 4822.76 5 Dry Min. 4797.98 4797.96 4798.04 4798.18 4804.82 4804.18 4808.26 4808.10 4803.60 4799.22 4798.60 4798.08 Averaee 4803.25 4805.52 4808.91 4811.02 4816.35 4817.55 4818.08 4816.55 4813.29 4809.19 4806.10 4803.37 St. Dev. 3.32 3.55 4.49 4.94 9.14 5.00 2.85 2.71 2.99 3.19 3.34 3.39 St. Dev. 3.64 4.78 7.84 8.61 6.69 7.24 5.58 4.91 5.39 5.55 4.70 3.74 Max. 4821.49 4823.04 4831.40 4829.70 4832.03 4835.00 4834.59 4832.57 4830.03 4826.78 4823.64 4821.63 Max. 4806.59 4806.74 4807.08 4816.63 4822.94 4823.30 4822.48 4820.80 4817.81 4814.08 4810.16 4806.78 11 Below Average Min. 4794.27 4795.93 4798.80 4799.14 4803.80 4809.00 4812.37 4810.35 4807.88 4804.13 4801.24 4794.47 Averaee 4810.09 4810.89 4814.01 4815.54 4819.94 4823.32 4825.40 4823.20 4820.67 4817.16 4814.01 4810.77 2 Critical Min. 4796.62 4796.62 4797.06 4798.79 4800.74 4801.28 4801.14 4798.86 4798.36 4797.73 4797.01 4796.52 Averaee 4801.61 4801.68 4802.07 4807.71 4811.84 4812.29 4811.81 4809.83 4808.09 4805.91 4803.59 4801.65 St. Dev. 8.00 7.91 9.16 9.37 7.85 7.49 5.94 5.75 6.04 6.33 6.61 7.86 St. Dev. 4.99 5.06 5.01 8.92 11.10 11.01 10.67 10.97 9.73 8.18 6.57 5.13 51 Klamath Project Historic Operation Above Average Years.— The minimum elevation ranged from 4815.16 in November to 4827.30 in April ( table 4, fig. 17). The average ranged from 4826.26 in October to 4836.48 in April. 4840 4835 4830 < 3 4825 c 4820 * 4815 H 4810 4805 4800 4795 4790 IS I . If ill ~<- 1 IllllllL ' • ' : . > » - w § lift . . . mm iii :. f m | i1 si „;.,„ , : • : , , : : • • [ -• ' • ' . ' • •'. • . • , : . , Bill .:,, :., • . • . . . . ' . . • , ': • - • • : . . : , % l • : : • ; . * . , - . . : • • • I i § ! § lgj [ MIMtH MM--' ! Q8p • • : • : ' • - . • • : : . • , : • ' • : : . • : • : : : • , : : : fife •,. mm ^ ' . . . : , : • : . • • • : ; • : ^ ^ mm . } ;• in : is ; • " ' • 1 m mil is f f* :• La fitt . .. :: Tit , ; : , , „ , f-.. • • ! •. : • • 1 pit I I Figure 17.— Gerber Reservoir elevations ( 1960- 1998) by month for above average years. Below Average Years.— The minimum elevation ranged from 4794.27 in October to 4812.37 in April ( table 4, fig. 18). The average ranged from 4810.09 in October to 4825.40 in April. 4840 4835 4830 & 4825 C 4820 4815 4810 4805 4800 4795 4790 mm m> ... j .. m ^ - • J I I I •:••,. .. . I - ,; ,,, ,,, s lip • . ' • : • ' • •" : -• ••• ": - ' • • • • ' • • " : . : • . • : ' ' -— i 5 1 m - - • • : - • , t • • • ' • • •• m.... . ' i . • * • : v : ; ' - , - , • ; . . ; , , . . m 1LI i t i l l " " " ""! ' i / " i f JO si • r: - • I 1^|| S||| § ___ 1! • | | wmmmm I m 1 ~~~ B m m J " ". I 1 . " M '. ' ' i n I I I i i i i • • i i m i i M i * " ... t . _ ^ . * . . • • m g i i i i i * i i * I Figure 18.- Gerber Reservoir elevations ( 1960- 1998) by month for below average years. 52 River Flows and Lake Elevations Resulting from Historic Operation Dty Years.— The minimum elevation ranged from 4797.98 in October to 4808.26 April ( table 4, fig. 19). The average ranged from 4803.25 in October to 4818.08 in April. 8 I I I 2 I * I S * Figure 19.- Gerber Reservoir elevations ( 1960- 1998) by month for dry years. Critical Years.— The minimum elevation ranged from 4796.52 in September to 4801.28 in March ( table 4, fig. 20). The average ranged from 4801.61 in October to 4812.29 in March. 4840 4835 4830 • S 4825 c 4820 * 4815 £ 4810 4805 4800 4795 4790 1 1 I 1 1 1 j i i i 1 i • r• • • i is1 • 1 liii ill i 1 I £ Figure 2O.- Gerber Reservoir elevations ( 1960- 1998) by month for critical years. 53 Appendix A REGIONAL SOLICITORS' MEMORANDA UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF THE SOLICITOR PACIFIC SOUTHWEST REGION Memorandum dated July 25, 1995 describing certain legal rights and obligations related to the U. S. Bureau of Reclamation, Klamath Project for use in preparation of the Klamath Project Operations Plan Memorandum dated January 9, 1997 from Pacific Southwest and Pacific Northwest Regional Solicitors describing legal rights and obligations related to the Klamath Project United States Department of the Interior OFFICE OF THE SOLICITOR Pacific Southwest Region 2800 Cottage Way iNREPLYRTFERTO: RoQm ^ 7 5 3 Sacramento, California 95825- 1890 JUL 25 1995 TO: Regional Director, Bureau of Reclamation, Mid- Pacific Region FROM: Regional Solicitor, Pacific Southwest Region SUBJECT: Certain Legal Rights and Obligations Related to the U. S. Bureau of Reclamation, Klamath Project for Use in Preparation of the Klamath Project Operations Plan ( KPOP) This memorandum describes the general rights to the waters in the Klamath and Lost River drainages affected by the operation of the U. S. Bureau of Reclamation's ( Reclamation) Klamath Irrigation Project located. within the Upper Klamath and Lost River Basins in Oregon and California. In addition, the obligations of Reclamation to the holders of these rights are discussed. The rights that are treated in this memorandum include those of the Klamath Project water users ( those who hold contracts with the United States to receive water from the project), the Upper Klamath, Lower Klamath, Tule Lake, and Clear Lake National Wildlife Refuges ( NWR) managed by the U. S. Fish and Wildlife Service ( these refuges are located within the exterior boundaries of the Klamath Project), and the Klamath, Yurokf and Hoopa Tribes ( they have treaty- based or federally reserved fishing and water rights that are or may be affected by project operations) . None of the above water rights has been quantified. Rights Klamath Project Water Users The Klamath Project water users obtain their supply of water for irrigation purposes from the project facilities pursuant to various contracts with Reclamation entered into pursuant to the Reclamation Act of 1902, 32 Stat. 390, 43 U. S. C. § § 371 et sea, , as amended and supplemented. The contracts are between Reclamation and a water district or Reclamation and an individual water user. These contracts provide, in general, that the water user is to receive enough water to satisfy the beneficial use for 1 The existence and nature of the Klamath Tribes' reserved water rights for hunting, fishing, and gathering were declared in United States v. Adair, 723 F. 2d 1394, 1412 ( 9th Cir.), cert, denied, 467 U. S. 1252 ( 1984). the irrigation of a specified acreage* Certain of the contracts specify the beneficial use amount on a per acre basis. The underlying water rights for the project, upon which the water supply stated in each of the contracts discussed above depends, were obtained by Reclamation/ in accordance with state law, in 1905, when Reclamation filed a notice of intent to appropriate all of the available water in the Klamath River and Lost River and their tributaries in Oregon. Similar filings were made for the waters originating in California, within the Lost River and Clear Lake drainages. Subsequent to these filings, Reclamation constructed project facilities through which water is delivered to the project water users. The project's 1905 water rights are junior to the reserved water rights of the tribes but senior to the reserved water rights of the refuges, as discussed below* Federal law provides that Reclamation obtain water rights for its projects and administer its projects pursuant to state law relating to the control, appropriation, use or distribution of water used in irrigation, unless the state laws are inconsistent with express- or clearly implied congressional directives. 43 U. S. C. § 383; California v. United States. 438 U. S. 645, 678 ( 1978); appeal on remand, 694 F. 2d 117 ( 1982). The beneficial ownership of a project water right is in the water users who put the water to beneficial use. Nevada v. United States. 463 U. S. 110 ( 1983) . Under law of most western states a water right is obtained through appropriation followed by application within a reasonable time to beneficial use. Nebraska v. Wyoming. 325 U. S. 589 ( 1945); Ickes v. Fox. 300 U. S. 82 ( 1937). Oregon law ( as well as California law) is similar to the laws of most other western states in that actual application of the water to the land is required to perfect a water right for agricultural use. Oregon statutes concerning the appropriation of water before February 24, 1909, the effective date of the Oregon Water Rights Act of 1909, provided that the extent of the appropriation was determined by the actual capacity of the completed diversion structure, assuming that the requirement to post a notice of intent to appropriate together with application of water to beneficial use within a reasonable time had occurred. See In re Waters of the Tualatin River and its Tributaries, 366 P. 2d 174 ( Or. 1961) . The laws for appropriation of water in California that were in effect in 1905 were similar to those in Oregon. Cal. Civil Code of 1872, § § 1410- 22 ( Deering 1977), The effective date of the California Water Commission Act, which established California's current appropriation scheme, is December 19, 1914. 3 See ORS § § 539.010 et seq. ; State ex rel. v. Hibbard, 570 P. 2d 1190, 1194 ( Or. Ct. App. 1977); Alexander v. Central Oregon Irrigation District, 528 P. 2d 582 ( Or. Ct- App. 1974), and Cal. Oregon also recognizes that water for irrigation purposes is appurtenant to the land for which it is appropriated and applied, but is not inseparable from the land. In re Deschutes River and Tributaries. 286 P. 563 ( Or. 1930) ; see also United States v. Alpine Land & Reservoir Co.. 697 F. 2d 851/ 858 ( 9th Cir.), cert, denied, 464 U. S. 863 ( 1983). Federal law concerning Reclamation projects also provides that the use of water acquired under the Act " shall be appurtenant to the land irrigated, and beneficial use shall be the basis# measure, and the limit of the right." 43 U. S. C. § 372. Beneficial use is determined in accordance with state law to the extent not inconsistent with congressional directives. See Alpine Land & Reservoir Co.. 697 F. 2d at 853- 854; see also California v. United States. 438 U. S. at 678. Wildlife Refuges There are two National Wildlife Refuges that are particularly dependent on project operations: Lower Klamath and Tule Lake NWRs. 4 The Lower Klamath NWR consists of 51,713 acres which straddle the Oregon- California border. This NWR was created by Executive Order No. 924 ( Aug. 8, 1908) " as a preserve and breeding ground for native birds. w The boundaries of the Lower Klamath NWR were altered by Executive Order No. 2200 ( May 14, 1915). The Tule Lake NWR is a 39,990 acre marsh area located in northern California just south of the Oregon border. Tule Lake was created by Executive Order No. 4975 ( Oct. 4, 1928) also " as a refuge and breeding ground for birds." 5 Each refuge has a federal reserved water right to the amount of water, unappropriated at the time of creation of the refuge, necessary to fulfill the primary purposes of the refuge. See United States v. New Mexico, 438 U. S. 696 ( 1978). The priority date for the reserved water right of each refuge is the date of the executive order creating that refuge. See Cappaert v. United Water Code § 1240; Joeraer v. Pacific Gas & Elec. Co.. 276 P. 1017 ( Cal. 1929); Madera Irr. Dist. v. All Persons. 306 P. 2d 886 ( Cal. 1957). 4 There are two other National Wildlife Refuges within the exterior boundaries of the project that are also dependent on project operations. The Upper Klamath NWR was created in 1928 and is located at the northern portion of Upper Klamath Lake. It: encompasses 14,965 acres of marsh and open water. The Clear Lake NWR was created in 1911 and encompasses 20,000 acres of water surface and upland area within the Clear Lake drainage in the Lost River Basin. 5 The interrelation of the Klamath Project irrigation uses and the NWR purposes are further delineated in the Kuchel Act, 16 U. S. C. § § 695k- 695r. States, 426 U. S. 128, 138 ( 1976). In addition, certain lands within the Lower Klamath and Tule Lake refuges that are irrigated have a priority date of 1905 based on the Klamath Project water rights. Finally, the refuges receive significant quantities of return flows and other project waters which, although initially used for irrigation purposes, are beneficially reused for refuge purposes. Klamath Indian Tribes The Klamath Indian Tribes have treaty- based rights• The exercise of pertain of these rights are affected by project operations. The Tribes' primary interest is in the operation of Upper Klamath Lake because it serves as habitat for fish protected by their treaty rights, including two endangered species of fish, the Lost River and shortnose suckers. These fish are a traditional food source for the Tribes* Changing water elevation in the lake and recurring water quality problems impact the suckers• A treaty entered into in 1864 reserves to the Klamath Tribes fishing, hunting, and gathering rights on lands that were formerly peart of the original Klamath Indian Reservation in Oregon. ' The reservation abutted Upper Klamath Lake and included several of its tributaries, notably the Williamson River. Treaty Between the United States of America and the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians, Oct. 14, 1864, 16 Stat. 107. The treaty reserves to the Tribes a federal Indian reserved water riaht to support their hunting, fishing, and gathering rights. i United States v. Adair, 723 F. 2d 1394 ( 9th Cir.), cert, denied, 444 U. S. 1252 ( 1984). The Tribes/ water 6 In 1954, the Klamath Indian Reservation in Oregon was terminated pursuant to the Klamath Termination Act. Act of Aug. 13, 1954, c. 732, § 1, 68 Stat. 718 ( codified at 25 U. S. C. § § 564- 564X) . Under this Act, reservation lands were disposed to private parties, individual Indians, the Forest Service and the Fish and Wildlife Service, but the Tribes' hunting, fishing, and gathering rights, and supporting water rights, were left intact. United States v. Adair, 723 F. 2d 1394, 1412 ( 9th Cir.), cert, denied, 467 U. S. 1252 ( 1984); Kimball v. Callahan, 590 F. 2d 768, 775 ( 9th Cir.), cert, denied. 444 U. S. 826 ( 1979); Kimball v. Callahan. 493 F. 2d 564, 568- 69 ( 9th Cir.)/ cert, denied, 419 U. S. 1019 ( 1974) . The Klamath Tribes were later restored as a federally recognized tribe under the Klamath Restoration Act of 1986. Pub. L. No. 99- 398, 100 Stat. 849. 7 The Tribes' water right is not dependent on state law, but rather is controlled by federal law. However, in an adjudication of water rights pursuant to the McCarran Amendment, 43 U. S. C. § 666, this federal right would be subject to quantification by a state court. Adair. 723 F. 2d at 1411 n. 19. Tribes/ water right includes " the right to prevent other appropriators from depleting the streams[/] waters below a protected level in any area where the non- consumptive right applies." Adair, 723 F. 2d at 1411; accord Joint Board of Control v. United States, 832 F. 2d 1127, 1131- 32 ( 9th Cir. 1987), cert, denied, 486 U. S. 1007 ( 1988); Kittitas Reclamation District v. Sunnvside Valley Irrigation District. 763 F. 2d 1032, 1033 ( 9th Cir- 1985), cert, denied, 474 U. S. 1032 ( 1985). The Tribes' water right includes the right to certain conditions of Welter quality and flow to support all life stages of fish. See XJnited States v. Anderson, 591 F. Supp. 1, 5- 6 ( E. D. Wash. 1982), aff'd in part & rev'd in part on other grounds,. 736 F. 2d 1358 ( 9th Cir. 1984); see also United States v. Gila Valley Irrigation Dist.. 804 F. Supp. 1, 7 ( D. Ariz. 1992), aff'd in part & vacated in part. 31 F. 3d 1428 ( 9th Cir. 1994), on remand Globe Ecruitv No. 59, Phase IV, slip op. ( April 14, 1995). The Tribes' water right attaches to bodies of water located within the original boundaries of the Klamath Indian Reservation. The Tribes' fishing right also supports a water right in off-reservation areas to the extent necessary to support a tribal fishery within the original reservation. Cf. Arizona v. California, 373 U. S. 546, 595 n. 97, 600, decree entered, 376 U. S. 340, 344 ( 1964) ( awarding reserved water right in off- reservation river) . The standard to be applied in determining the quantity of water secured by this right has not been determined as of the date of this memorandum. The Tribes' water right is aboriginal in origin and thus has a priority date of time immemorial. Adair, 723 F. 2d at 1415. Yurok and Hoopa Valley Indian Tribes The Yurok and Hoopa Valley Tribes have federal Indian reserved fishing rights to take anadromous fish within their reservations in California. Memorandum from the Solicitor to the Secretary, Fishing Rights of the Yurok and Hoopa Valley Tribes, M- 3 6979 ( Oct. 4, 1993) ( Sol. Op.). These rights were secured to the Yurok and Hoopa Indians by a series of nineteenth century executive orders and confirmed to the Yurok and Hoopa Tribes by In the pending Snake River Basin Adjudication in Idaho, the United States has made claims for off- reservation instream flow water rights derived from Indian fishing rights to anadromous fish. The quantity of flow claimed is that amount required to provide adequate flows to maintain fisheries habitat in the stream reach on a monthly basis- the ^. 988 Hoopa- Yurok Settlement Act ( HYSA) , 25 U. S. C. § 1300i et sea. In 1855, the President, by Executive Proclamation, established the Klamath Reservation in California. I C. Kappler, Indian Affairs: Laws and Treaties 816- 817 ( 1904) . The Hoopa Valley Reservation was formally set aside for Indian purposes by executive order in 1876, and the reservation was extended by another executive order in 1891 to encompass the Klamath Reservation and the connecting strip of land in between. Id. at 815; see People v. McCovev. 685 P. 2d 687# 689 ( Cal. 1984); see also Donnelly v. United States. 228 U. S. 243, 253- 259 ( 1912); Blake v.. Amett. 663 F. 2d 906, 911 ( 9th Cir. 1981); Esler v. Gill Net Number One. 54 Cal. Rptr. 568, 571- 72 ( 1966). The HYSA partitioned the extended reservation into the present Hoopa Valley and Yurok Reservations and declared the assets of each reservation held in trust by the United States for the benefit of the respective Tribes. 25 U. S. C. S 1300i- l( b). The Yurok and Hoopa Valley Tribes' fishing rights entitle them to take fish for , ceremonial, subsistence, and commercial purposes. United States v. Eberhardt. 789 F. 2d 1353, 1359 ( 9th Cir. 1986). Their fishing rights " include the right to harvest quantities of fish on their reservations sufficient to support a moderate standard of living. 11 Sol. Op. at 3. The executive orders setting aside what are now the Yurok and Hoopa Valley Reservations also reserved rights to an instream flow of water sufficient to protect the Tribes' rights to take fish within their reservations. See Colville Confederated Tribes v. Walton. 647 F. 2d 42, 48 ( 9th Cir.) , cert, denied. 454 U. S. 1092 ( 1981); Anderson. 591 F. Supp. at 5- 6. As with the Klamath Tribes, the Yurok and Hoopa Tribes' water rights include the right to prevent other appropriators from depleting the streams' waters below a protected level. See Joint Board'of Control, 832 F. 2d at 1131- 32; Adair. 723 F. 2d at 1411; see also Kittitas Reclamation District. 763 F. 2d at 1033. The Tribes' rights include the right to certain conditions of water quality and flow o For the purpose of determining the existence of reserved water rights, there is no consequence to the fact that the Tribes/ rights are derived from executive orders rather than treaties. Arizona v. California, 373 U. S. at 598. 10 The executive order establishing the Klamath Indian Reservation was issued pursuant to the Act of March 3, 1853, 10 Stat. 238, authorizing the President " to make . . . reservations in the State of California for Indian purposes." These executive orders were issued pursuant to the Act of April 8, 1864, 13 Stat. 39. to support all life stages of fish. See Anderson, 591 F. Supp. at 5- 6; see also Gila Valley Irrigation District. 804 F. Supp. at 7. The Tribes' fishing right also supports a water right in off-reservation areas to the extent necessary to support the Tribes/ on- reservation fisheries. Cf. Arizona v. California. 373 U. S. at 595 n. 97, 600 ( awarding reserved water right in off- reservation river) . The exact standard to determine the amount of water secured by these rights has not been determined as of the date of this memorandum. The priority date of the Yurok and Hoopa water rights are at least as early as 1891, and may be earlier. Obligations Klamath Project