KRRC & RES Un-Compliant – Failing To Provide Alternative Water For Livestock & Wildlife

For nearly 200-years cattle, sheep, horses, deer and elk have had access to the life-giving waters of the Klamath River in the area of the former Iron Gate and Copco Lakes.

Long before there were dams on the Klamath River, or any indigenous peoples on the landscape, Mother Nature (some say the ‘Great Spirit’) ordained that the flowing Klamath River was her source of water for all of her creatures. 

These creatures, including the deer and elk used the same game trails to the Klamath River for time immemorial.

Then, around 25,000 years ago, peoples from Asia crossed the Aleutian land bridge and established settlements on the North American continent. Few people realize that all Native Americans carry and Asian gene as a result of their Asian origins.

According to genetic analysis, the majority of evidence points to Native Americans originating from Asia, specifically from a population that diverged from East Asians, with their ancestors most likely migrating across the Bering Strait land bridge from Siberia during the last Ice Age.

Much later, in the early 1800’s when settlers arrived into what is today Siskiyou County California, such as the Thomas Jefferson Wright family, they established ranches in the valleys of Scotch Creek, Camp Creek and Jenny Creek. From these valleys their livestock used the same game trails to reach the essential life-giving waters of the Klamath River in the area of Copco and Iron Gate canyons, which are served by seasonal tributaries as well as Jenny Creek, which runs year round.

Over the past many years, the presence of the waters in Copco and Iron Gate lakes behind the dams provided water to all the animals, wildlife and livestock alike, and made up for the impacts of the evolving drought on the tributaries which dry-up in the summer and fall. Even today, Scotch Creek and Camp Creek have been dry in the recent summers.

But now, for the first time in history, Klamath River Renewal Corporation (‘KRRC’) and their contractor Resource Environmental Solutions (‘RES’) fenced-off thousands of acres of traditional access to water sources for animals, and have done so in a manner in conflict with the NEPA/CEQA approved EIS and promises to the County and it’s citizens.

KRRC and RES also fenced-across the historic game trails to the Klamath River that had been used by local wildlife for millennia and by livestock for nearly 200-years.

This added injury to the local ecological system demonstrates a reckless lack of care and compassion for our dwindling wildlife populations and a total disrespect for the well-being of our local herds of livestock.

Would genuine ‘indigenous wisdom’ direct such deadly insults to an entire terrestrial and aquatic ecosystem? 

I think not, and that opinion comes from what I learned from my brother-in-law of the Klamath tribe.

What about the impact of knowingly sending deadly toxic polluted sediments down the Klamath River, filling the river with toxic sticky clay sediments and killing millions of native species fishes in the main-stem of the Klamath River?  

KRRC and RES bear the full and total responsibility for their own failure to observe their promises to provide alternative water sources for wildlife and livestock if they put up a ‘temporary fence’ along the shoreline of the former lakes. They knew that wildlife would be entrapped in the deadly sticky-clay sediments of the lake bottoms when the lakes were drained in a matter of days in January 2024. But instead of protecting wildlife, KRRC decided to allow hundreds of animals to die slow and miserable deaths, trapped in the freezing clay-mud.

The landscape on north side of Iron Gate Lake and Copco Lake is zoned as ‘Critical Deer Wintering Habitat’ by Siskiyou County.  And Siskiyou County and California have a collapsed deer population of record. Yet, knowing these important facts, and knowing they would be exposing the deadly clay-mud in winter, KRRC failed to provide the temporary fencing per the EIS (NEPA & CEQA) to prevent the unnecessary, needless excessive loss of wildlife. That failure, is arguably a violation of the ‘takings’ permit issued by Fish & Game, and this violation should be prosecuted.

There is an argument to be made that KRRC violated (on more than one occasion) the terms and conditions for the dam removal project as outlined in the EIS, and as cited in the LETTER by the environmental law firm for Siskiyou County and it’s citizens, Nossaman

Nossaman Letter

April 18, 2024

Page 11

62692104

Requests: The County makes the following requests to FERC related to the large-scale, permanent fencing:

☆ Require that KRRC, RES, and Trout Unlimited follow the necessary NEPA and CEQA analysis and documentation and obtain required permitting if large-scale fencing occurs or other actions outside of the FERC Order are to occur.

☆ Require that the fencing project consider public access and require KRRC to engage with the public and County departments (including County Administration, Planning, and Ag. Commissioner’s Office) about the Project.

☆ If the fence is installed (note: as of 9-27, 24 fencing is present), require KRRC to provide alternative watering facilities for wildlife and livestock.
(note: As of 9-29-24 NO alternative water sources have been provided)

In defiance of the County’s demands, KRRC/RES have installed a permanent fence, possibly on/off the properly lines, and well-beyond the planned temporary fence along the shoreline.  KRRC/RES have failed to provide the required ‘alternative water sources’, which forces wildlife and livestock to challenge the fencing and cross the dangerous polluted sediments to reach water in the Klamath River. 

And on the way to the water, animals do browse on the so-called ‘revegetation’ project.

Please call, email or write to your local elected officials and demand that KRRC and RES be held into full account for their many failures and violations for failing to stick to the NEPA approved EIS and collaborate, coordinate and respect the local elected County officials and citizens.
Siskiyou County Supervisors and Staff:
Michael Kobseff: mkobsef[email protected]
Ray Haupt: rhaupt@co.siskiyou.ca.us
Nancy Ogren: [email protected]u.ca.us
Elizabeth Nielsen: en[email protected]

Congressman Doug LaMalfa:
Legislative Aid to LaMalfa: [email protected]

Senator Brian Dahle: