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• 41. [Image] The Oregon plan for salmon and watersheds

  	KCAMATH FALLS. QREEON THE OREGON PLAN FOR SALMON AND WATERSHEDS The purpose of the Oregon Plan for Salmon and Watersheds ( the " Oregon Plan") as stated in the Plan and reaffirmed in this Executive Order ...
  	Citation × Citation Citation Abstract Copy Title: The Oregon plan for salmon and watersheds Author: Oregon. Office of the Governor Year: 1999, 2005, 2004 KCAMATH FALLS. QREEON THE OREGON PLAN FOR SALMON AND WATERSHEDS The purpose of the Oregon Plan for Salmon and Watersheds ( the " Oregon Plan") as stated in the Plan and reaffirmed in this Executive Order is to restore Oregon's wild salmon and trout populations and fisheries to sustainable and productive levels that will provide substantial environmental, cultural, and economic benefits and to improve water quality. The Oregon Plan is a long- term, ongoing effort that began as a focused set of actions by state, local, tribal and private organizations and individuals in October of 1995. The Oregon Plan first addressed coho salmon on the Oregon Coast, was then broadened to include steelhead trout on the coast and in the Lower Columbia River, and is now expanding to all at- risk wild salmonids throughout the state. The Oregon Plan addresses all factors for decline of these species, including watershed conditions arid fisheries, to the extent those factors can be affected by the state. The Oregon Plan was endorsed and funded by the Oregon Legislature in 1997 through Oregon Senate Bill 924 ( 1 997 Or. Laws, ch. 7) and House Bill 3700 ( 1 997 Or. Laws, ch.' 8). The Oregon Plan is described in two principal documents: " The Oregon Plan," dated March 1997, and " The Oregon Plan for Salmon and Watersheds, Supplement I - steelhbad," dated January 1998. As used in this Executive Order, + the Oregon Plan also incorporates the Healthy Streams Partnership ( Oregon Senate Bill 101 0, 1 993- Or. Laws, ch. 263). The Oregon Plan is a cooperative effort of state, local, federal, tribal and private organizations and individuals. Although the Oregon Plan contains a strong foundation of protective regulations -- continuing existing regulatory programs and speeding the implementation of others - an essential principle of the Plan is the need to move beyond prohibitions and to encourage efforts to improve conditions for salmon through non- regulatory means. Many of the most significant contributions to the Oregon Plan are private and quasi- governmental efforts to protect and . restore salmon on working landscapes, including efforts by watershed councils. Salmon and trout restoration requires action and sacrifice across the entire economic and geographic spectrum of Oregon. The commercial and sport fishing industries in Oregon have been heavily affected by complete or partial closures of fisheries. The forest industry operates under the Oregon Forest Practices Act, and has contributed substantially to salmon recovery through habitat restoration projects on private lands and by funding a large pan of the state recovery efforts. The agriculture and mining industries are also taking actions that will protect and restore salmon and trout habitat and improve water quality ( including financial support of restoration efforts by the mining industry). Urban areas are developing water conservation programs, spending funds for wastewater treatment improvements to reduce point source pollution, reducing non- point source pollution and reducing activities that degrade riparian areas. All citizens of Oregon share responsibility for declining populations of wild salmon and trout, and it is important that there be both a broad commitment to reversing these historic trends and a sense that the burdens of restoration are being shared by all of society. It is also important that there be independent scientific oversight of the Oregon Plan. This oversight is being provided by the Independent Mutidisciplinary Science Team ( IMST), established under Oregon Senate Bill 924 ( 1 997 Or. Laws, ch. 7). ~ d'ditional legislative oversight for the Oregon Plan is being provided by the Joint Legislative Committee on . Salmon and Stream Enhancement ( the " Joint Committee!'). Under the federal Endangered Species Act ( ESA) the U. S. Fish & Wildlife Service . . ( F& WS) and the National Marine Fisheries Service ( NMFS) are responsible for identifying species that are threatened or endangered, and for developing programs to conserve and recover lhose species. F& WS and NMFS have now listed salmonids under the ESA on the entire Oregon Coast, the lower Columbia River ( including most of the Portland metropolitan area). the la math River basin, and in the upper Columbia and Snake River basins. More listings are expected within the next year. To date, the F& WS and NMFS generally have not had the resources to develop and implement effective recovery plans for fisheries. In addition, in many areas a large proportion of the habitat that list'ed'salmonids depend on is located on private lands, where the regulatory tools under the ESA are relatively ' ill- defined and indirect. Finally, federal agencies alone, even if they take an active regulatory approach. to recovery, will not restore listed salmonids. The federal ESA may work to prohibit certain actions, but there is simply too much habitat on private lands for restoration to succeed without pro- active involvement and incentives for individuals, groups, and local governments to take affirmative actions to restore habitat on working landscapes. In April, 1997 the State of Oregon and NMFS entered into a Memorandum of Agreement ( MOA) under which the State agreed to continue existing measures under the March 1997 Oregon Plan and to take certain additional actions to protect and restbre coho salmon on the Oregon Coast. On May 6, 1997, NMFS determined that the Oregon Coast Evolutionarily Significant Unit ( ESU) of coho salmon did not warrant listing as a threatened or endangered species under the ESA. On June 2, 1998, the US. District Court for Oregon ordered NMFS to reconsider its decision without taking into account any parts of the Oregon Plan or MOA that are not " current enforceable measures." The U. S. District Court for Oregon also held that the MOA was speculative, due to the fact that it provided for termination by either party on thirty days notice, and that therefore the MOA could not be considered by NMFS ' in its listing decision. Under court order, NMFS reconsidered its decision without taking into account the application in the future of the harvest and hatchery measures contained in the Oregon Plan, or the habitat improvement programs being undertaken under the Oregon Plan, or the commitments made by the State of Oregon in the MOA for improvement of applicable habitat measures. Accordingly, NMFS listed Oregon Coast .. . coho as threatened undefthe ESA on or about October 2, 1998. - The MOA provided for the State of Oregon to take actions necessary to ensfie that - Oregon Coast coho did not warrant listing as a threatened or endangered species under the federal ESA. Now that Oregon Coast coho are listed as a threatened species as a- result of the U. S. District Court's order, the central purpose of the MOA has been eliminated. Due to the uncertainties created by the District Court's decision and the increasing extent of salmonids listed or proposed for listing under the federal ESA, it is important that the status of the State of Oregon's substantive commitments under the MOA and the purpose of the Oregon Plan be clarified. Through this Executive Order, the State of Oregon reaffirms its intent to play the leading role in protecting and restoring Oregon Coast coho and other salmonids. through the implementation of the Oregon Plan. This Executive Order provides the framework and direction for state agencies to implement ( to the extent of their authorities) the Oregon Plan in a timely and effective manner. This Executive Order also provides a framework for extending the state's efforts beyond a focus on Oregon Coast coho, to watersheds and fisheries statewide. Consistent with the principle of adaptive management, this Order applies the experience gained to date in implementing the Oregon Plan to provide additional detailed direction to state agencies. Finally, this Executive Order establishes a public involvement process to prioritize continuing efforts under the Oregon Plan. NOW THEREFORE, IT IS HEREBY ORDERED AND DIRECTED: ( 1) Overall Direction ( a) Agencies of the State of Oregon will, consistent with their authorities, fully implement the state agency efforts described in the Oregon Plan and in this Executive Order. ( b) The overall objective for state agencies under the Oregon Plan and this Executive Order is to protect and restore salmonids and to improve water quality. ( c) The Governor will, in cooperation with the Joint Committee, IMST, affected state agencies, watershed councils, and other affected local entities and persons develop and implement, a process to set biological and habitat goals and objectives to protect and restore salmonids on a basin or regional basis as soon as practicable. Once these goals and objectives are established, they will be used by state agencies . . . to evaluate their regulatory and non- regulatory programs and measures relating to the protection and re'storation of salmonids. Through this on- going evaluation, state agencies will determine any changes to their programs or measures that may be necessary to meet the biological and habitat goals and objectives. In the interim, the following objectives in subsections ( d) and ( e) shall apply to agencies' implem'entation of the OregGn Plan and this Executive Order. . . ( d) Actions that state agencies take, fund and/ or authorize that are primarily for a purpose other than restoration of salmonids or the habitat they depend upon will, considering the anticipated duration and geographic scope of the actions: ( A) to the maximum extent practicable minimize and mitigate adverse effects of the actions on salmoni. ds or the habitat they depend on; and ( 8) not appreciably reduce the likelihood of the survival and recovery of salmonids in the wild. ( e) State agencies will take, fund and/ or authorize actions that are primarily for the purpose of restoring salmonids or the habitat they depend upon, including actions implementing the Oregon Plan, with the goal of producing a conservation benefit that ( if taken together with comparable and related actions by all persons and entities within the range of the species) is likely to result in sustainable population levels of salmonids in the foreseeable future, and in population levels of salmonids that provide substantial environmental, cultural and economic benefits to Oregonians in the long term. ( f) With the broadening of the Oregon Plan,' prioritizing all agency actions according to coho core areas is no longer appropriate. Each state agency participating in the Oregon Plan, in consultation with ODFW and other partners involved in the implementation of the Plan and through a public involvement process, will modify their existing work programs in the Oregon Plan to prioritize agency measures to protect and restore salmonids in a timely and effective manner. The work programs will continue to identify key specific outcomes, refine and improve designations of priority areas, and establish completion dates. These modifications will be submitted to the , Governor, the Joint Committee, and to the appropriate boards and commissions as soon as possible, but in no event later than June 1, 1999. Progress reports on action plans will be submitted to the Governor, the Joint Committee, and to the appropriate boards and commissions on an annual basis. In prioritizing their efforts,' state agencies shall consider how to maximize conservation -, benefits for salmonids and the habitat they depend on within limited resources and - . whether their- actions are likely to increase populations of salmonids in the foreseeable future. I p ( g) State agencies will work cooperatively with landowners, local entities and other persons taking actions to protect or restore salmonids. ( h) As the Oregon Plan grows in geographic scope and . in intensity of activity,' there is a growing need to streamline and prioritize state agency activity at the . regional level. One proposal has been to organize state natural resource agency field operations along hydrologic units. Therefore, state agencies will consider this proposal and, through the collective efforts of state agency directors, develop an organization plan that focuses state agency field effort on the activities and areas of highest priority under the Oregon Plan. ( i) State. agencies will continue to encourage and work with agencies of the U. S. government to implement the federal measures described in the Oregon Plan.. In addition, the state agencies will work with the federal government to develop additional means of protecting and restoring salmonids. Where appropriate, state agencies will request that federal agencies obtain incidental take permits under Section 7 of the federal ESA for state actions that ace funded or authorized by a , federal agency. ( j) State agencies will help support efforts to evaluate watershed conditions, and to develop'specific strategic plans to provide for flood management, water quality improvement, and salmonid restoration in basins around the state, including the Willamette basin through the Willamette Restoration Initiative. ( k) The IMST will continue to provide oversight to ensure the use of the best scientific information available as the basis for implementation of and for adaptive changes to the Oregon Plan. State agencies will ensure that the IMST receives data and other information reasonably required for its functions in a timely manner. The Governor's Natural Resources Office ( GNRO) has requested that the IMST's initial priority be review of the freshwater habitat needs of coho and the relationship between population levels, escapement levels, and habitat characteristics. The GNRO also will continue to request that the IMST annually review monitoring results and identify where the Oregon Plan warrants change for scientific or technical reasons and make recommend& ions to the appropriate agency on those adjustments that appear necessary. Agencies will report their responses to any recommendations by . . the IMST to the Governor and to the Joint Committee. Any other changes identified by the IMST as necessary to achieve properly functioning riparian and aquatic habitat conditions required to, protect and restore salmonids will be forwarded to the appropriate governmental entity for its consideration of the adoption of new, changed, or supplemental measures as rapidly as possible while providing for public involvement: Each state agency, by June 1, 1999, will ratify a monitoring team charter through an interagency memorandum. A draft of the charter is contained in the 1998 Oregon Plan Annual Report. ( I) Monitoring is a key element of the Oregon Plan. Each state agency will actively support the monitoring strategy described in the Oregon Plan. Each affected agency will participate on the monitoring team to coordinate activities and integrate analyses. Each agency will implement . an appropriate monitoring program to assess the effectiveness of their programs and measures in meeting the objectives set forth in the Oregon Planon an annual basis. In addition, agencies with regulatory programs that are included in the Oregon Plan will determine levels of compliance with regulatory standards and identify and act on opportunities to improve compliance levels: ( m) If information gathered regarding the effectiveness of measures in the Oregon Plan shows that existing strategies within state control are not achie, ving expected improvements and objectives, the agency( ies1 responsible for those measures will seek appropriate changes in their regulations, policies, programs, r-measures and other areas of the Oregon Plan, as required to protect and restore coho and other sal'monids. Such modification or supplementation will be done as rapidly as possible, consistent with public involvement. ( n) Agencies are using geographically- referenced data in their efforts under the Oregon Plan, and will be using Geographic Information Systems ( GIs) in the analysis of these , data. In doing so, the State GIs Plan, developed by the Oregon Geographic lnformation Council ( OGIC) ( see Executive Order 96- 40) will be followed, with specific adherence to the Plan guidance on data documentation, coordination and data sharing. The agency with primary responsibility for gathering and updating the specific data will be responsible for meeting the requirements of the Plan, and to ensure coordination- with OGIC, the State Service Center for GIs and other' cooperating agencies. In addition, state agencies will cooperate with the Governor's Watershed Enhancement Board ( GWEB), Soil and. Water Conservation Districts ( SWCDs), local waters$ ed councils, landowners and others in making these essential data available. ( 0) Geographically- based strategies to assess and achieve habitat needs and adequate escapement levels will be used, and the state agencies will continue with the development of standardized watershed assessment protocols, including a -- cumulative effects assessment. State agencies will also continue with the development of habitat restoration guides to evaluate and direct habitat restoration efforts. ( 2) Continuation and Expansion of Existing Efforts. Without limiting the generality of section ( l)( a) of this Executive Order, the following subsections of this Executive Order describe some of the many efforts in the Oregon Plan where the initial phase of work has been completed, and where efforts will be continued. ( a) The Oregon Fish & Wildlife Commission ( OFWC), the Oregon Department of Fish & Wildlife ( ODFW), and the Pacific Fishery Management Council ( PFMC) are managing ocean and terminal fisheries according to the measures set forth in the Oregon Plan ( ODFW I- A. l and Ill- A. l). These measures set a maximum mortality rate ( resulting from other fisheries) for any of four disaggregated stocks of coho of fifteen percent ( 1 5%) under poor ocean conditions. In 1997, the mortality rate. from harvest is estimated to have been between nine and eleven percent ( 9- 1 1 %). ODFW and OFWC will continue these measures in state waters, and will actively support continued implementation of the ocean harvest measures by the PFMC ( Amendment 13 to the Council's salmon management plan) until and unless a different management regime agreeable to NMFS is adopted. ( b) The OFWC and ODFW will ensure that the fish hatchery measures set forth in the Oregon Plan are continued by the OFWC and ODFW. ODFW is marking all hatchery coho on the Oregon Coast. This marking will allow increased certainty in estimating hatchery stray rates beginning in 1999. Available data on hatchery stray rates for coho and steelhead are being provided to NMFS on an annual basis. The number of hatchery coho released is estimated to have been 1.7 million in 1998 - substantially below the level called for in the Oregon Plan. This number will be reduced to 1.2 million in 1999. In addition, ODFW has, and will continue to provide. annual reports regarding: ( i) the number of juvenile hatchery coho that are released by brood year, locations and dates of release, life stage, and broodstock origin; ( ii) the number of adult coho taken for broodstock for each hatchery, the location and date of collection, and the origin ( hatchery or natural); ( iii) the number of hatchery coho . . estimated to have spawned in natural habitat by basin; ( iv) the estimated percentage of hatchery coho% the total natural spawning population; and ( v) the mortality of naturally- spawning coho resulting from each fishery. NMFS may provide comments about hatchery prograk affecting coho to ODFW, with any concerns to be resolved between NMFS and ODFW. - - ( c) ln addition to recent modifications to hatchery practices and programs, a new vision is needed for how Oregon will utilize hatcheries in the best and most effective manner. Therefore, the ODFW and the OFWC shall engage in a process to create a strategic plan for fish hatcheries in Oregon over the next decade ( including state and federally- funded hatcheries, private hatcheries, and the STEP program). The essential elements of this process are as follows: ( i) Impartial analysis - conduct an impartial analysis of the scientific bases, and the social and economic effects of Oregon hatchery programs utilizing existing analyses and review where feasible, but conducting new analyses if necessary; ( ii) Review the Wild Fish Management Policy ( WFMP) - because the future plan for hatcheries in Oregon is dependent on implementation of the WFMP, ODFW shall conduct a science and stakeholder review to determine if this significant policy should be revised and shall make any revision by July 2000; ( iii) Frame alternative strategies -- convene a group of stockholders to . frame alternative strategies, including outcomes and descriptions, of how hatcheries will be used in Oregon over the next decade ( these strategies will address the use of hatcheries for wild fish population recovery including supplementation, research and monitoring, public education, and sport and commercial fishing opportunities); ( iv) Public review and selection of a strategy -- the OFWC shall, after public review and ' ;-'-!&%; f$'. i comment, adopt a strategic plan to guide development of future hatchery programs, incorporating the strategy developed and adopted in accordance with subpart ( iii) of this paragraph. ( d) Criteria and guidelines directing the design of projects that may affect fish passage have been established in a Memorandum of Understanding ( MOU) between the Oregon Department of Transportation ( ODOT), ODFW, the Oregon Department of Forestry ( ODF), the Oregon Department of Agriculture ( ODA), the Division of State Lands ( DSL) and the Federal Highway Administration. These guidelines apply to the design, construction and consultations of projects affecting fish passage. Under the MOU, projects requiring regulatory approvals that follow these criteria and guidelines are expedited. Oregon agencies will continue to provide technical assistance to ensure that the criteria and guidelines are applied appropriately in restoration projects, as well as any other projects that may affect fish passage through road crossings and similar structures. ODFW will work with state agencies, local governments, and watershed councils to ensure that Oregon's standards for fish passage set forth in Exhibit A to the MOU are understood and are implemented. - ( e) Fish presence, stream habitat, road and culvert surveys have been conducted for roads within ODOT jurisdiction and county roads in coastal basins, the Lower Columbia basin, the Willamette basin, and the Grande Ronbe/ lmnaha basins. Among the results of these surveys is the finding that culvert barriers to fish passage affect a substantial quantity of salmonid habitat. For example, surveys of county and state highways in western Oregon found over 1,200 culverts that are barriers to passage. As a result, ODOT is placing additional priority on restoring fish access. For 1998, ODOT repaired or replaced 35 culverts restoring access to 101 miles of salmonid habitat. For 1999, the Oregon Transportation Commission will be asked to fund approximately $ 4.0 million for culvert modification. ODOT and the Commission will continue to examine means to speed restoration of fish passage and to coordinate priorities with ODFW. ( f) Draft watershed assessment protocols have been developed and are being field tested. Beginning in 1999, SWCDs, watershed councils and others will be able to use the protocols as the basis for action plans to identify and prioritize opportunities to protect and restore salmonids. Watershed action plans have already been completed in a number of basins including the Rogue, Coos, Coquille and Grande Ronde. State agencies will work to support these watershed assessments and plans to the maximum extent practicable. Where watershed action plans have been developed under the protocols, GWEB will ensure that projects funded through the Watershed Improvement Grant Fund are consistent with watershed action plans, and other state agencies will work with SWCDs and watershed councils to ensure that activities they authorize, fund or undertake are consistent with watershed action plans to the maximum extent practicable. ( g) The State of Oregon has developed interim aquatic habitat restoration and enhancement guidelines for 1998. State agencies involved with restoration activities ( ODFW, ODF, DSL, ODA, DEQ, and GWEB) will continue to develop and refine the interim guidelines for final publication in April 1999. The guidelines will be applied in restoration activities funded or authorized by state agencies. The purpose of ' the guidelines will be to define aquatic restoration and to identify and encourage aquatic habitat restoration techniques to restore salmonids. . . ( h) ODA and O ~ hFave each entered into a Memorandum of Understanding with the Oregon Department'of Environmental Quality relating to the development of . Total Maximum Daily Loads ( TMDLs) and Water Quality Management Area Plans ( WQMAPs). O Dw~ ill adopt. a nd implement WQMAPs ( through the Healthy Streams Partnership) and ODF , will review the adequacy of forest practices rules to meet water quality standards. ODF and ODA will evaluate the effectiveness of these measures in achieving water quality standards on a regular basis and implement any changes required to meet the standards. ( i) Agencies are implementing a coordinated monitoring program, as described in the Oregon Plan. This program includes technical support and standardized protocols for watershed councils, stream habitat surveys, forest practice effectiveness monitoring, water withdrawal monitoring, ambient water quality monitoring, and biotic index studies, as well as fish presence surveys and salmonid abundance and survival monitoring in selected subbasins. State agencies are also' working to coordinate monitoring efforts by state, federal, and local entities, including watershed councils. State agencies will work actively to ensure that the monitoring measures' in the Oregon Plan are continued. - .. ( j) GWEB has put into place new processes for identifying and coordinating the delivery of financial and technical assistance to individuals, agencies, watershed councils and soil and water conservation districts as they implement watershed ' restoration projects to improve water quality and restore aquatic resources. Over $ 25 ' million has been distributed for watershed restoration projects in the last ten years. During the present ( 1 997- 99 biennium) GWEB has awarded over $ 1 2 million dollars in f- state and federal funds for technical'assistance and watershed restoration activities to implement the Oregon Plan. GWEB and state agencies will continue to seek financial resources to be allocated by GWEB for watershed restoration activities at the local and. statewide levels. ( k) State agencies will continue to encourage, support and work to provide incentives for local, tribal, and private . efforts to implement the Oregon Plan. In addition, state agencies will continue to provide financial assistance to local entities for projects to protect and restore salmonids to the extent consistent with their budgetary and legal authorities, and consistent with their work programs in the Oregon Plan. To the. maximum extent practicable, state agencies will also provide technical assistance and planning tools to provide local conservation groups to assist in and target watershed restoration efforts. These efforts ( during 1996 and 1997) are reported in " The Oregon. Plan for Salmon and Watersheds: Watershed Restoration Inventory, 1998." ~ u s c afe w of the important efforts that have been completed include: ( A) Eighty- two watershed councils have joined with forty- five Soil and Water Conservation Districts as well as private and public landowners to implement on- the- ground projects' to protect and restore salmonids. During 1996 and 1997, a reported $ 27.4 million was spent on 1,234 watershed restoration projects on non-federal lands. Both the amount spent and the number of projects represent significant increases ( of over 300 percent) over prior years. In 1996- 97, watershed councils, SWCDs and other organizations and individuals completed: ( i) 138 stream fencing projects, involving at least 301 miles of streambank; ( ii) 196 riparian area planting projects, involving at least 11 1 miles of streams; and ( iii) 458 instream habitat improvement projects. . . . ( B) Private and state forest landowners are implementing key efforts under the Oregon Plan, including the road risk and remediation program ( ODF- 1 and 2). Under this effort in 1996 and 1997, close to 4,000 miles of roads'have been surveyed to identify risks that the roads may pose to salmonid habitat. As the risks are identified, they are then prioritized for remediation following an established. protocol. Already, 52 miles of forest roads have been closed, 843 miles of road repair and reconstruction projects to - protect salmonid habitat have been completed, and an additional 14 miles of roads have been decommissioned or relocated.. In addition, 530 culverts have been replaced, upgraded or installed for fish passage purposes, improving access to a reported 146 stream miles. ( C) Organizations working in Tillamook County have developed the I ." J aw#~ t Tillamook County Performance Partnership. The Partnership is implementing the \*. Tillamook Bay National Estuary Program by addressing water quality, fisheries, floodplain management and economic development in the county. Among the actions that the Partnership has already accomplished are: ( i) the closure of seven miles of degraded forest roads and the rehabilitation of 469 miles of roads to meet current standards, at a cost of $ 1 8 million; ( ii) the fencing of 53 miles of streambank, and the construction of three cattle bridges and 100 alternative cattle watering sites, at a cost of $ 214,000; and ( iii) the completion of 24 instream restoration projects and 34 barbs protecting 4,200 feet of streambank, at a cost of $ 1.3 million dollars. ( D) The Confederated Tribes of the Grande Ronde Community of Oregon have completed a forest management plan that establishes standards for the protection of aquatic resources that are comparable to those found in the Aquatic Conservation Strategy ' of the Northwest Forest Plan. . % ( E) A combination of funding from the Oregon Wildlife Heritage Foundation and the National Fish and Wildlife Heritage Foundation ( private, non- profit organizations) is provi, ding support for seven biologists to design restoration projects. These projects are prioritized based on stream surveys, and are carried out with the voluntary participation and support of landowners. A ten- year monitoring plan has been funded- and implemented to determine project effectiveness: ( F) The Oregon Cattlemen's Association has implemented its WESt Program that is designed to help landowners better understand their watersheds and stream functions through assessments and monitoring. h he WESt Program brings landowners together along stream reaches, and offers a series of workshops, conducted on a site specific basis, free of charge. The workshops include riparian ecology, setting goals and objectives, Proper Functioning Condition ( PFC), data. collection and monitoring. Over 25 workshops have been held, with attendance ranging from 5 to 30 landowners per workshop. The WESt Program is sponsored by the Oregon Cattlemen's Association, DEQ, Oregon State University, and GWEB. ( G) Within the Tillamook State Forest road network 1,902 culverts have been replaced or added to'improve road drainage and to disconnect storm water runoff from roads reducing stream sediment impacts. Additionally, some of these culverts also improved fish passage at stream crossings. In this process, ODF has also replaced six culverts with bridges improving fish passage to approximately four miles of stream. The Tillamook State Foresl in conjunction with many partners, such F-as the Association of Northwest Steelheaders, G W EB, Simpson Timber Company, Tillamook County, the FishAmerica Foundation, Hardrock Construction Company, the Oregon Wildlife Heritage Foundation, the F& WS, the Oregon Youth Conservation Corps, Columbia Helicopters and Terra Helicopters, has also recently completed instream placement of over 400 rootwads, trees and boulders at a cost of $ 300,000 for habitat enhancement. ( 3) Key Agency Efforts. Continuation and completion of the following state agency efforts is critical to the success of the Oregon Plan. State agencies will make continuation or completion ( as appropriate) of the following efforts a high priority. ( a) The State of Oregon and the US. Department of Agriculture have entered into a Conservation Reserve Enhancement Program ( CREP). This cost- share program, one of the first of its kind, . will be used to reduce the impacts of agricultural practices through water quality. add habitat improvement. The objectives of the CREP are to: ( i) provide incentives'for farmers and ranchers to establish riparian buffers; ( ii) protect - . and restore at least 4,000 miles of stream habitat by providing up to 95,000 acres of riparian buffeis; ( i4) restore up to 5,000 acres of wetlands that will benefit salmonids; and ( iv) provide a mechanism for farmers and ranchers to comply with Oregon's ,- Senate Bill 101 0 ( 1 993 Or. Laws, ch. 263). ( b) ODF will work with non- industrial forest landowners to'administer the Stewardship Incentive Program and the Forest Resources Trust programs to protect and restore riparian and wetland areas that benefit salmonids. ( c) The Oregon Board of Forestry will determine, with the assistance of an advisory committee, to what extent changes to forest practices are needed to meet state water quality standards and to protect and restore salmonids. A substantial body of information regarding the effectiveness of current practices is being . developed. This information includes: ( i) the IMST report regarding . the role of forest practices and forest habitat in protecting and restoring salmonids; and ( ii) a series of - monitoring projects that include the Storms of 1996 study, a riparian areas study, a stream temperature study, and a road drainage study. Using this information, as well as other available scientific information including scientific information from NMFS, the advisory committee will make recommendations to the Board at both site and watershed scales on threats to salmonid habitat relating to sediment, water temperature, freshwater habitat needs, roads and fish passage. Based on the advisory committee's recommendations and other scientific information, the Board will make every effort to make its determinations by June 1999. The Board may . . determine that the most effective means of achieving any necessary changes to . - d;.~ .;* i;. z . I:@;.. %- .~ + k forest practices is through regulatory changes, statutory changes or through other programs . including programs to create incentives for forest landowners. In the event that the Board determines that legislative changes. are necessary to carry out its determinations, the Board will transmit any recommendations for such changes to the . Governor and to the Joint Committee at the earliest possible date. ( d) Consistent with administrative rule, and statutory and constitutional mandates for the management of state forests, ODF State Forest management plans will include an aquatic conservation strategy that has a high likelihood of protecting and restoring properly functioning aquatic habitat for salmonids on state forest lands. ( e) ODF will present to NMFS a Habitat Conservation Plan ( HCP) under Section 10 of the federal ESA that includes the Clatsop and Tillamook State Forests. ODF has already completed scierkific review and has public review underway for this draft HCP. The scientific and public review comments will be considered by ODF in . . completing the draft HCP. The draft HCP will be presented to NMFS by June 1999. An HCP for the ~ jliotSt tate Forest was approved by the US. Fish & Wildlife Service in 1995. In October af 1997, ODF and DSL forwarded the Elliott State Forest HCP to NMFS with the request that it be reviewed to determine whether it has a high likelihood of protecting and restoring properly functioning aquatic habitat conditions on state forest lands necessary to protect and restore salmonids. Based on discussions surrounding the NMFS review, ODF and DSL will determine what revisions, if any, are required to the Elliott HCP and/ or Forest Management Plan to ensure a high likelihood of protecting and restoring properly functioning aquatic habitat for salmonids. ( f) Before the OFWC adopts and implements fishery regulations that may result in taking of coho, ODFW will provide NMFS with'all available scientific information and analyses pertinent to the proposed regulation where the harvest measures are not under the jurisdiction of the PFMC, including results of the Oregon Plan monitoring and evaluation program. This information, together with the proposed regulation and supporting analysis, will be provided at least two weeks prior to the OFWC's action, to give NMFS time to review and comment on the proposed regulations. ( g) ODFW will evaluate the effects of predation on salmonids, and . will . work with . affected federal agencies to determine whether changes to programs and law relating to predation are warranted in order to protect and restore salmonids. P ( h) Under Oregon Senate Bill 101 0 ( 1 993 Or. Laws, ch. 2631, ODA will adopt Agricultural Water Qualify Management Area Plans ( AWQMAPs) for Tier I and Tier ll watersheds by the end of 2002. The AWQMAPs will be designed and implemented to meet load allocations for agriculture needed to achieve state water quality . . standards. In addition, ODA will work with ODFW, DEQ, GWEB, SWCDs, federal . agencies and watershed councils to determine to what extent additional measures related to achieving properly functioning riparian and aquatic habitat on agricultural lands are needed to protect and restore salmonids, giving attention first to priority areas identified in. the Oregon Plan. In the event ODA is unable to reach a consensus regarding such measures, ODA will ask the IMST to review areas of substantive ' scientific disagreement and to'make recommendations to ODA regarding how they should be resolved. In the event that legislative changes are needed to implement such measures, ODA will transmit any recommendations for such changes to. the Governor and to the Joint Committee at the earliest possible date. In addition, any measures identified as rieeded by ODA will be implemented at the earliest practicable time. * . ( i) ODFW will expedite its applications for instream water rights and OWRD will process such applications promptly where flow deficits are identified as adversely affecting salmonids, and where such rights. are not already in place. The Oregon - water Resources Department ( OWRD) and the Oregon Water Resources Commission ( OWRC) will- also seek to facilitate flow restoration targeted to streams identified by OWRD and ODFW as posing the most critical low- flow barriers to salmonids. In addition, where necessary, OWRD will continue to work with the Oregon State Police to provide enforcement of water use. Where illegal water uses are identified, OWRD will ensure outcomes consistent with maintenance and restoration of flows. ( j) The Oregon Environmental Quality commission ( EQC). and DEQ will evaluate and will make every effort to utilize their authorities to continue to provide additional protection to . priority areas ( as determined under section 1 ( f) of this Executive Order), including in- stream flow protection under state law, and antidegradation policy under . the federal Clean Water Act ( including Outstanding Resource Waters designations . and high quality waters designations). . ( k) DSL has proposed to adopt changes to its Essential Salmonid Habitat rules that will provide additional protection for spawning and rearing areas of anadromous salmonids. In addition, ODFW and DSL will consult with the OWRC to determine where it is necessary to administratively close priority areas ( including ' work under General Authorizations) to fill and removal activities in order to protect salmonids. . . DSL, ODFW, ODF and ODA also will work together to identify means of regulating the . uy- w :.-:: st. removal of organic material ( such as large woody debris) from streams where such removal would adversely affect salmonids and would not be contrary to other agency mandates. ( I) DSL will seek the advice of the IMST regarding whether gravel removal affects gravel and/ or sediment budgets in a manner that adversely affects salmonids. ( m) The Department of Land Conservation and ~ e v e l o p r n e n t ' ( ~ ~ acn~ d ) th, e Land Conservation- and Development Commission ( LCDC) will evaluate and, to the extent feasible, speed implementation of existing Goal 5 requirements for riparian corridors. ( n) DLCD, DEQ, ODF, ODA, ODFW, and DSL and their respective boards and commissions will evaluate and implement programs to protect and restore riparian vegetation for the purposes of achieving statewide water quality standards and . . protecting and restoring a aquatic habitat for salmonids. ' ( 0) DLCD, with, the assistance of DSL and ODFW, and in consultation with coastal cities and counties, shall review the requirements of Statewide Planning Goal i 6 as they pertain to estuarine resources important to the restoration of salmonids, and shall, report its findings to LCDC for its consideration. ( p) The Oregon State Police will work to facilitate the existing cooperative relationship with the NMFS Office of ~ a Ewnfo rcement, as well as tomaintain cooperation with other enforcement entities, in order to enhance law enforcement, public awareness and voluntary compliance related to harvest, habitat and other issues addressed in the Oregon Plan. ( q) The Oregon Parks and Recreation Department will continue to work to p. rovide information and education to the public on salmon and steelhead needs through park programs and interpretive aids. ( r) The Oregon Marine Board will work to ensure fish friendly boating and to develop boating facilities that protect salmonids. ( s) State natural resource agencies will continue, to the extent feasible, to support watershed councils by providing technical assistance to develop watershed assessments, restoration plans and to develop watershed priorities to benefit 7- salmonids. In addition, state natural resource agencies will work'on a larger . .:.... watershed scale to develop basin- wide restoration priorities. ( 4) Future Modifications; Public Involvement for the Oregon Plan Generally. The GNRO will solicit public co'mments and input from participants in the Oregon Plan regarding whether there are refinements or changes to the Plan and/ or the organizational framework for implementing the Plan that are necessary or desirable based on the experience gained over the past three years, or resulting from the widespread listings and proposed listings of salmon and trout under the federal ESA. Based on this public involvement, the GNRO will provide a report and recommendations to the Governor and the Joint Committee regarding whether modifications are necessary to the Oregon Plan in order to protect and restore coho and other salmonids. ( 5) Definitions. For purioses'of this Executive Order: . . ( aj The " Oregon Plan" means the Oregon Coastal Salmon Recovery lnitiative, dated March 1991, and the Steelhead. Supplement, dated January 1998. " Oregon Plan," as used in this Order, is intended to be consistent with the definition of the' Oregon Coastal Salmon Recovery lnitiative in Oregon Senate Bill 924 ( 1997 Or. Laws, .- cti. 7), and to include the Healthy Streams Partnership ( 1 993 Or. Laws, ch. 263). -. - ( b) " Protect" has the meaning given in section ( l)( d) of this Executive Order. ( c) " Restore" has the meaning'given in section ( l)( e) of this Executive Order. Restore necessarily includes actions to manage salmonids to provide for adequate escapement levels, and actions to increase the quantity and improve the quality of properly functioning habitat upon which salmonids depend. ( d) " Coho" means native wild coho salmon found in rivers and lakes along the Oregon Coast. ( el " Salmonids" means native wild salmon, char and trout in the State of Oregon. ( 6) Effective Date; Relation to Federal ESA. This Executive Order will take effect on the date that it is filed with the Secretary of State. The State of Oregon will continue to work with NMFS to determine the appropriate relationship between the Oregon Plan and NMFS's efforts under the federal ESA. Done at Salem, Oregon, this $ day of & ~ 4 y , 1999. ha26 . ~ it& er, M. D. Suz adnd .~. ow& end DEPUTY SECR~ ARYOF - STATE Title: The Oregon plan for salmon and watersheds Author: Oregon. Office of the Governor Year: 1999, 2005, 2004 KCAMATH FALLS. QREEON THE OREGON PLAN FOR SALMON AND WATERSHEDS The purpose of the Oregon Plan for Salmon and Watersheds ( the " Oregon Plan") as stated in the Plan and reaffirmed in this Executive Order is to restore Oregon's wild salmon and trout populations and fisheries to sustainable and productive levels that will provide substantial environmental, cultural, and economic benefits and to improve water quality. The Oregon Plan is a long- term, ongoing effort that began as a focused set of actions by state, local, tribal and private organizations and individuals in October of 1995. The Oregon Plan first addressed coho salmon on the Oregon Coast, was then broadened to include steelhead trout on the coast and in the Lower Columbia River, and is now expanding to all at- risk wild salmonids throughout the state. The Oregon Plan addresses all factors for decline of these species, including watershed conditions arid fisheries, to the extent those factors can be affected by the state. The Oregon Plan was endorsed and funded by the Oregon Legislature in 1997 through Oregon Senate Bill 924 ( 1 997 Or. Laws, ch. 7) and House Bill 3700 ( 1 997 Or. Laws, ch.' 8). The Oregon Plan is described in two principal documents: " The Oregon Plan," dated March 1997, and " The Oregon Plan for Salmon and Watersheds, Supplement I - steelhbad," dated January 1998. As used in this Executive Order, + the Oregon Plan also incorporates the Healthy Streams Partnership ( Oregon Senate Bill 101 0, 1 993- Or. Laws, ch. 263). The Oregon Plan is a cooperative effort of state, local, federal, tribal and private organizations and individuals. Although the Oregon Plan contains a strong foundation of protective regulations -- continuing existing regulatory programs and speeding the implementation of others - an essential principle of the Plan is the need to move beyond prohibitions and to encourage efforts to improve conditions for salmon through non- regulatory means. Many of the most significant contributions to the Oregon Plan are private and quasi- governmental efforts to protect and . restore salmon on working landscapes, including efforts by watershed councils. Salmon and trout restoration requires action and sacrifice across the entire economic and geographic spectrum of Oregon. The commercial and sport fishing industries in Oregon have been heavily affected by complete or partial closures of fisheries. The forest industry operates under the Oregon Forest Practices Act, and has contributed substantially to salmon recovery through habitat restoration projects on private lands and by funding a large pan of the state recovery efforts. The agriculture and mining industries are also taking actions that will protect and restore salmon and trout habitat and improve water quality ( including financial support of restoration efforts by the mining industry). Urban areas are developing water conservation programs, spending funds for wastewater treatment improvements to reduce point source pollution, reducing non- point source pollution and reducing activities that degrade riparian areas. All citizens of Oregon share responsibility for declining populations of wild salmon and trout, and it is important that there be both a broad commitment to reversing these historic trends and a sense that the burdens of restoration are being shared by all of society. It is also important that there be independent scientific oversight of the Oregon Plan. This oversight is being provided by the Independent Mutidisciplinary Science Team ( IMST), established under Oregon Senate Bill 924 ( 1 997 Or. Laws, ch. 7). ~ d'ditional legislative oversight for the Oregon Plan is being provided by the Joint Legislative Committee on . Salmon and Stream Enhancement ( the " Joint Committee!'). Under the federal Endangered Species Act ( ESA) the U. S. Fish & Wildlife Service . . ( F& WS) and the National Marine Fisheries Service ( NMFS) are responsible for identifying species that are threatened or endangered, and for developing programs to conserve and recover lhose species. F& WS and NMFS have now listed salmonids under the ESA on the entire Oregon Coast, the lower Columbia River ( including most of the Portland metropolitan area). the la math River basin, and in the upper Columbia and Snake River basins. More listings are expected within the next year. To date, the F& WS and NMFS generally have not had the resources to develop and implement effective recovery plans for fisheries. In addition, in many areas a large proportion of the habitat that list'ed'salmonids depend on is located on private lands, where the regulatory tools under the ESA are relatively ' ill- defined and indirect. Finally, federal agencies alone, even if they take an active regulatory approach. to recovery, will not restore listed salmonids. The federal ESA may work to prohibit certain actions, but there is simply too much habitat on private lands for restoration to succeed without pro- active involvement and incentives for individuals, groups, and local governments to take affirmative actions to restore habitat on working landscapes. In April, 1997 the State of Oregon and NMFS entered into a Memorandum of Agreement ( MOA) under which the State agreed to continue existing measures under the March 1997 Oregon Plan and to take certain additional actions to protect and restbre coho salmon on the Oregon Coast. On May 6, 1997, NMFS determined that the Oregon Coast Evolutionarily Significant Unit ( ESU) of coho salmon did not warrant listing as a threatened or endangered species under the ESA. On June 2, 1998, the US. District Court for Oregon ordered NMFS to reconsider its decision without taking into account any parts of the Oregon Plan or MOA that are not " current enforceable measures." The U. S. District Court for Oregon also held that the MOA was speculative, due to the fact that it provided for termination by either party on thirty days notice, and that therefore the MOA could not be considered by NMFS ' in its listing decision. Under court order, NMFS reconsidered its decision without taking into account the application in the future of the harvest and hatchery measures contained in the Oregon Plan, or the habitat improvement programs being undertaken under the Oregon Plan, or the commitments made by the State of Oregon in the MOA for improvement of applicable habitat measures. Accordingly, NMFS listed Oregon Coast .. . coho as threatened undefthe ESA on or about October 2, 1998. - The MOA provided for the State of Oregon to take actions necessary to ensfie that - Oregon Coast coho did not warrant listing as a threatened or endangered species under the federal ESA. Now that Oregon Coast coho are listed as a threatened species as a- result of the U. S. District Court's order, the central purpose of the MOA has been eliminated. Due to the uncertainties created by the District Court's decision and the increasing extent of salmonids listed or proposed for listing under the federal ESA, it is important that the status of the State of Oregon's substantive commitments under the MOA and the purpose of the Oregon Plan be clarified. Through this Executive Order, the State of Oregon reaffirms its intent to play the leading role in protecting and restoring Oregon Coast coho and other salmonids. through the implementation of the Oregon Plan. This Executive Order provides the framework and direction for state agencies to implement ( to the extent of their authorities) the Oregon Plan in a timely and effective manner. This Executive Order also provides a framework for extending the state's efforts beyond a focus on Oregon Coast coho, to watersheds and fisheries statewide. Consistent with the principle of adaptive management, this Order applies the experience gained to date in implementing the Oregon Plan to provide additional detailed direction to state agencies. Finally, this Executive Order establishes a public involvement process to prioritize continuing efforts under the Oregon Plan. NOW THEREFORE, IT IS HEREBY ORDERED AND DIRECTED: ( 1) Overall Direction ( a) Agencies of the State of Oregon will, consistent with their authorities, fully implement the state agency efforts described in the Oregon Plan and in this Executive Order. ( b) The overall objective for state agencies under the Oregon Plan and this Executive Order is to protect and restore salmonids and to improve water quality. ( c) The Governor will, in cooperation with the Joint Committee, IMST, affected state agencies, watershed councils, and other affected local entities and persons develop and implement, a process to set biological and habitat goals and objectives to protect and restore salmonids on a basin or regional basis as soon as practicable. Once these goals and objectives are established, they will be used by state agencies . . . to evaluate their regulatory and non- regulatory programs and measures relating to the protection and re'storation of salmonids. Through this on- going evaluation, state agencies will determine any changes to their programs or measures that may be necessary to meet the biological and habitat goals and objectives. In the interim, the following objectives in subsections ( d) and ( e) shall apply to agencies' implem'entation of the OregGn Plan and this Executive Order. . . ( d) Actions that state agencies take, fund and/ or authorize that are primarily for a purpose other than restoration of salmonids or the habitat they depend upon will, considering the anticipated duration and geographic scope of the actions: ( A) to the maximum extent practicable minimize and mitigate adverse effects of the actions on salmoni. ds or the habitat they depend on; and ( 8) not appreciably reduce the likelihood of the survival and recovery of salmonids in the wild. ( e) State agencies will take, fund and/ or authorize actions that are primarily for the purpose of restoring salmonids or the habitat they depend upon, including actions implementing the Oregon Plan, with the goal of producing a conservation benefit that ( if taken together with comparable and related actions by all persons and entities within the range of the species) is likely to result in sustainable population levels of salmonids in the foreseeable future, and in population levels of salmonids that provide substantial environmental, cultural and economic benefits to Oregonians in the long term. ( f) With the broadening of the Oregon Plan,' prioritizing all agency actions according to coho core areas is no longer appropriate. Each state agency participating in the Oregon Plan, in consultation with ODFW and other partners involved in the implementation of the Plan and through a public involvement process, will modify their existing work programs in the Oregon Plan to prioritize agency measures to protect and restore salmonids in a timely and effective manner. The work programs will continue to identify key specific outcomes, refine and improve designations of priority areas, and establish completion dates. These modifications will be submitted to the , Governor, the Joint Committee, and to the appropriate boards and commissions as soon as possible, but in no event later than June 1, 1999. Progress reports on action plans will be submitted to the Governor, the Joint Committee, and to the appropriate boards and commissions on an annual basis. In prioritizing their efforts,' state agencies shall consider how to maximize conservation -, benefits for salmonids and the habitat they depend on within limited resources and - . whether their- actions are likely to increase populations of salmonids in the foreseeable future. I p ( g) State agencies will work cooperatively with landowners, local entities and other persons taking actions to protect or restore salmonids. ( h) As the Oregon Plan grows in geographic scope and . in intensity of activity,' there is a growing need to streamline and prioritize state agency activity at the . regional level. One proposal has been to organize state natural resource agency field operations along hydrologic units. Therefore, state agencies will consider this proposal and, through the collective efforts of state agency directors, develop an organization plan that focuses state agency field effort on the activities and areas of highest priority under the Oregon Plan. ( i) State. agencies will continue to encourage and work with agencies of the U. S. government to implement the federal measures described in the Oregon Plan.. In addition, the state agencies will work with the federal government to develop additional means of protecting and restoring salmonids. Where appropriate, state agencies will request that federal agencies obtain incidental take permits under Section 7 of the federal ESA for state actions that ace funded or authorized by a , federal agency. ( j) State agencies will help support efforts to evaluate watershed conditions, and to develop'specific strategic plans to provide for flood management, water quality improvement, and salmonid restoration in basins around the state, including the Willamette basin through the Willamette Restoration Initiative. ( k) The IMST will continue to provide oversight to ensure the use of the best scientific information available as the basis for implementation of and for adaptive changes to the Oregon Plan. State agencies will ensure that the IMST receives data and other information reasonably required for its functions in a timely manner. The Governor's Natural Resources Office ( GNRO) has requested that the IMST's initial priority be review of the freshwater habitat needs of coho and the relationship between population levels, escapement levels, and habitat characteristics. The GNRO also will continue to request that the IMST annually review monitoring results and identify where the Oregon Plan warrants change for scientific or technical reasons and make recommend& ions to the appropriate agency on those adjustments that appear necessary. Agencies will report their responses to any recommendations by . . the IMST to the Governor and to the Joint Committee. Any other changes identified by the IMST as necessary to achieve properly functioning riparian and aquatic habitat conditions required to, protect and restore salmonids will be forwarded to the appropriate governmental entity for its consideration of the adoption of new, changed, or supplemental measures as rapidly as possible while providing for public involvement: Each state agency, by June 1, 1999, will ratify a monitoring team charter through an interagency memorandum. A draft of the charter is contained in the 1998 Oregon Plan Annual Report. ( I) Monitoring is a key element of the Oregon Plan. Each state agency will actively support the monitoring strategy described in the Oregon Plan. Each affected agency will participate on the monitoring team to coordinate activities and integrate analyses. Each agency will implement . an appropriate monitoring program to assess the effectiveness of their programs and measures in meeting the objectives set forth in the Oregon Planon an annual basis. In addition, agencies with regulatory programs that are included in the Oregon Plan will determine levels of compliance with regulatory standards and identify and act on opportunities to improve compliance levels: ( m) If information gathered regarding the effectiveness of measures in the Oregon Plan shows that existing strategies within state control are not achie, ving expected improvements and objectives, the agency( ies1 responsible for those measures will seek appropriate changes in their regulations, policies, programs, r-measures and other areas of the Oregon Plan, as required to protect and restore coho and other sal'monids. Such modification or supplementation will be done as rapidly as possible, consistent with public involvement. ( n) Agencies are using geographically- referenced data in their efforts under the Oregon Plan, and will be using Geographic Information Systems ( GIs) in the analysis of these , data. In doing so, the State GIs Plan, developed by the Oregon Geographic lnformation Council ( OGIC) ( see Executive Order 96- 40) will be followed, with specific adherence to the Plan guidance on data documentation, coordination and data sharing. The agency with primary responsibility for gathering and updating the specific data will be responsible for meeting the requirements of the Plan, and to ensure coordination- with OGIC, the State Service Center for GIs and other' cooperating agencies. In addition, state agencies will cooperate with the Governor's Watershed Enhancement Board ( GWEB), Soil and. Water Conservation Districts ( SWCDs), local waters$ ed councils, landowners and others in making these essential data available. ( 0) Geographically- based strategies to assess and achieve habitat needs and adequate escapement levels will be used, and the state agencies will continue with the development of standardized watershed assessment protocols, including a -- cumulative effects assessment. State agencies will also continue with the development of habitat restoration guides to evaluate and direct habitat restoration efforts. ( 2) Continuation and Expansion of Existing Efforts. Without limiting the generality of section ( l)( a) of this Executive Order, the following subsections of this Executive Order describe some of the many efforts in the Oregon Plan where the initial phase of work has been completed, and where efforts will be continued. ( a) The Oregon Fish & Wildlife Commission ( OFWC), the Oregon Department of Fish & Wildlife ( ODFW), and the Pacific Fishery Management Council ( PFMC) are managing ocean and terminal fisheries according to the measures set forth in the Oregon Plan ( ODFW I- A. l and Ill- A. l). These measures set a maximum mortality rate ( resulting from other fisheries) for any of four disaggregated stocks of coho of fifteen percent ( 1 5%) under poor ocean conditions. In 1997, the mortality rate. from harvest is estimated to have been between nine and eleven percent ( 9- 1 1 %). ODFW and OFWC will continue these measures in state waters, and will actively support continued implementation of the ocean harvest measures by the PFMC ( Amendment 13 to the Council's salmon management plan) until and unless a different management regime agreeable to NMFS is adopted. ( b) The OFWC and ODFW will ensure that the fish hatchery measures set forth in the Oregon Plan are continued by the OFWC and ODFW. ODFW is marking all hatchery coho on the Oregon Coast. This marking will allow increased certainty in estimating hatchery stray rates beginning in 1999. Available data on hatchery stray rates for coho and steelhead are being provided to NMFS on an annual basis. The number of hatchery coho released is estimated to have been 1.7 million in 1998 - substantially below the level called for in the Oregon Plan. This number will be reduced to 1.2 million in 1999. In addition, ODFW has, and will continue to provide. annual reports regarding: ( i) the number of juvenile hatchery coho that are released by brood year, locations and dates of release, life stage, and broodstock origin; ( ii) the number of adult coho taken for broodstock for each hatchery, the location and date of collection, and the origin ( hatchery or natural); ( iii) the number of hatchery coho . . estimated to have spawned in natural habitat by basin; ( iv) the estimated percentage of hatchery coho% the total natural spawning population; and ( v) the mortality of naturally- spawning coho resulting from each fishery. NMFS may provide comments about hatchery prograk affecting coho to ODFW, with any concerns to be resolved between NMFS and ODFW. - - ( c) ln addition to recent modifications to hatchery practices and programs, a new vision is needed for how Oregon will utilize hatcheries in the best and most effective manner. Therefore, the ODFW and the OFWC shall engage in a process to create a strategic plan for fish hatcheries in Oregon over the next decade ( including state and federally- funded hatcheries, private hatcheries, and the STEP program). The essential elements of this process are as follows: ( i) Impartial analysis - conduct an impartial analysis of the scientific bases, and the social and economic effects of Oregon hatchery programs utilizing existing analyses and review where feasible, but conducting new analyses if necessary; ( ii) Review the Wild Fish Management Policy ( WFMP) - because the future plan for hatcheries in Oregon is dependent on implementation of the WFMP, ODFW shall conduct a science and stakeholder review to determine if this significant policy should be revised and shall make any revision by July 2000; ( iii) Frame alternative strategies -- convene a group of stockholders to . frame alternative strategies, including outcomes and descriptions, of how hatcheries will be used in Oregon over the next decade ( these strategies will address the use of hatcheries for wild fish population recovery including supplementation, research and monitoring, public education, and sport and commercial fishing opportunities); ( iv) Public review and selection of a strategy -- the OFWC shall, after public review and ' ;-'-!&%; f$'. i comment, adopt a strategic plan to guide development of future hatchery programs, incorporating the strategy developed and adopted in accordance with subpart ( iii) of this paragraph. ( d) Criteria and guidelines directing the design of projects that may affect fish passage have been established in a Memorandum of Understanding ( MOU) between the Oregon Department of Transportation ( ODOT), ODFW, the Oregon Department of Forestry ( ODF), the Oregon Department of Agriculture ( ODA), the Division of State Lands ( DSL) and the Federal Highway Administration. These guidelines apply to the design, construction and consultations of projects affecting fish passage. Under the MOU, projects requiring regulatory approvals that follow these criteria and guidelines are expedited. Oregon agencies will continue to provide technical assistance to ensure that the criteria and guidelines are applied appropriately in restoration projects, as well as any other projects that may affect fish passage through road crossings and similar structures. ODFW will work with state agencies, local governments, and watershed councils to ensure that Oregon's standards for fish passage set forth in Exhibit A to the MOU are understood and are implemented. - ( e) Fish presence, stream habitat, road and culvert surveys have been conducted for roads within ODOT jurisdiction and county roads in coastal basins, the Lower Columbia basin, the Willamette basin, and the Grande Ronbe/ lmnaha basins. Among the results of these surveys is the finding that culvert barriers to fish passage affect a substantial quantity of salmonid habitat. For example, surveys of county and state highways in western Oregon found over 1,200 culverts that are barriers to passage. As a result, ODOT is placing additional priority on restoring fish access. For 1998, ODOT repaired or replaced 35 culverts restoring access to 101 miles of salmonid habitat. For 1999, the Oregon Transportation Commission will be asked to fund approximately $ 4.0 million for culvert modification. ODOT and the Commission will continue to examine means to speed restoration of fish passage and to coordinate priorities with ODFW. ( f) Draft watershed assessment protocols have been developed and are being field tested. Beginning in 1999, SWCDs, watershed councils and others will be able to use the protocols as the basis for action plans to identify and prioritize opportunities to protect and restore salmonids. Watershed action plans have already been completed in a number of basins including the Rogue, Coos, Coquille and Grande Ronde. State agencies will work to support these watershed assessments and plans to the maximum extent practicable. Where watershed action plans have been developed under the protocols, GWEB will ensure that projects funded through the Watershed Improvement Grant Fund are consistent with watershed action plans, and other state agencies will work with SWCDs and watershed councils to ensure that activities they authorize, fund or undertake are consistent with watershed action plans to the maximum extent practicable. ( g) The State of Oregon has developed interim aquatic habitat restoration and enhancement guidelines for 1998. State agencies involved with restoration activities ( ODFW, ODF, DSL, ODA, DEQ, and GWEB) will continue to develop and refine the interim guidelines for final publication in April 1999. The guidelines will be applied in restoration activities funded or authorized by state agencies. The purpose of ' the guidelines will be to define aquatic restoration and to identify and encourage aquatic habitat restoration techniques to restore salmonids. . . ( h) ODA and O ~ hFave each entered into a Memorandum of Understanding with the Oregon Department'of Environmental Quality relating to the development of . Total Maximum Daily Loads ( TMDLs) and Water Quality Management Area Plans ( WQMAPs). O Dw~ ill adopt. a nd implement WQMAPs ( through the Healthy Streams Partnership) and ODF , will review the adequacy of forest practices rules to meet water quality standards. ODF and ODA will evaluate the effectiveness of these measures in achieving water quality standards on a regular basis and implement any changes required to meet the standards. ( i) Agencies are implementing a coordinated monitoring program, as described in the Oregon Plan. This program includes technical support and standardized protocols for watershed councils, stream habitat surveys, forest practice effectiveness monitoring, water withdrawal monitoring, ambient water quality monitoring, and biotic index studies, as well as fish presence surveys and salmonid abundance and survival monitoring in selected subbasins. State agencies are also' working to coordinate monitoring efforts by state, federal, and local entities, including watershed councils. State agencies will work actively to ensure that the monitoring measures' in the Oregon Plan are continued. - .. ( j) GWEB has put into place new processes for identifying and coordinating the delivery of financial and technical assistance to individuals, agencies, watershed councils and soil and water conservation districts as they implement watershed ' restoration projects to improve water quality and restore aquatic resources. Over $ 25 ' million has been distributed for watershed restoration projects in the last ten years. During the present ( 1 997- 99 biennium) GWEB has awarded over $ 1 2 million dollars in f- state and federal funds for technical'assistance and watershed restoration activities to implement the Oregon Plan. GWEB and state agencies will continue to seek financial resources to be allocated by GWEB for watershed restoration activities at the local and. statewide levels. ( k) State agencies will continue to encourage, support and work to provide incentives for local, tribal, and private . efforts to implement the Oregon Plan. In addition, state agencies will continue to provide financial assistance to local entities for projects to protect and restore salmonids to the extent consistent with their budgetary and legal authorities, and consistent with their work programs in the Oregon Plan. To the. maximum extent practicable, state agencies will also provide technical assistance and planning tools to provide local conservation groups to assist in and target watershed restoration efforts. These efforts ( during 1996 and 1997) are reported in " The Oregon. Plan for Salmon and Watersheds: Watershed Restoration Inventory, 1998." ~ u s c afe w of the important efforts that have been completed include: ( A) Eighty- two watershed councils have joined with forty- five Soil and Water Conservation Districts as well as private and public landowners to implement on- the- ground projects' to protect and restore salmonids. During 1996 and 1997, a reported $ 27.4 million was spent on 1,234 watershed restoration projects on non-federal lands. Both the amount spent and the number of projects represent significant increases ( of over 300 percent) over prior years. In 1996- 97, watershed councils, SWCDs and other organizations and individuals completed: ( i) 138 stream fencing projects, involving at least 301 miles of streambank; ( ii) 196 riparian area planting projects, involving at least 11 1 miles of streams; and ( iii) 458 instream habitat improvement projects. . . . ( B) Private and state forest landowners are implementing key efforts under the Oregon Plan, including the road risk and remediation program ( ODF- 1 and 2). Under this effort in 1996 and 1997, close to 4,000 miles of roads'have been surveyed to identify risks that the roads may pose to salmonid habitat. As the risks are identified, they are then prioritized for remediation following an established. protocol. Already, 52 miles of forest roads have been closed, 843 miles of road repair and reconstruction projects to - protect salmonid habitat have been completed, and an additional 14 miles of roads have been decommissioned or relocated.. In addition, 530 culverts have been replaced, upgraded or installed for fish passage purposes, improving access to a reported 146 stream miles. ( C) Organizations working in Tillamook County have developed the I ." J aw#~ t Tillamook County Performance Partnership. The Partnership is implementing the \*. Tillamook Bay National Estuary Program by addressing water quality, fisheries, floodplain management and economic development in the county. Among the actions that the Partnership has already accomplished are: ( i) the closure of seven miles of degraded forest roads and the rehabilitation of 469 miles of roads to meet current standards, at a cost of $ 1 8 million; ( ii) the fencing of 53 miles of streambank, and the construction of three cattle bridges and 100 alternative cattle watering sites, at a cost of $ 214,000; and ( iii) the completion of 24 instream restoration projects and 34 barbs protecting 4,200 feet of streambank, at a cost of $ 1.3 million dollars. ( D) The Confederated Tribes of the Grande Ronde Community of Oregon have completed a forest management plan that establishes standards for the protection of aquatic resources that are comparable to those found in the Aquatic Conservation Strategy ' of the Northwest Forest Plan. . % ( E) A combination of funding from the Oregon Wildlife Heritage Foundation and the National Fish and Wildlife Heritage Foundation ( private, non- profit organizations) is provi, ding support for seven biologists to design restoration projects. These projects are prioritized based on stream surveys, and are carried out with the voluntary participation and support of landowners. A ten- year monitoring plan has been funded- and implemented to determine project effectiveness: ( F) The Oregon Cattlemen's Association has implemented its WESt Program that is designed to help landowners better understand their watersheds and stream functions through assessments and monitoring. h he WESt Program brings landowners together along stream reaches, and offers a series of workshops, conducted on a site specific basis, free of charge. The workshops include riparian ecology, setting goals and objectives, Proper Functioning Condition ( PFC), data. collection and monitoring. Over 25 workshops have been held, with attendance ranging from 5 to 30 landowners per workshop. The WESt Program is sponsored by the Oregon Cattlemen's Association, DEQ, Oregon State University, and GWEB. ( G) Within the Tillamook State Forest road network 1,902 culverts have been replaced or added to'improve road drainage and to disconnect storm water runoff from roads reducing stream sediment impacts. Additionally, some of these culverts also improved fish passage at stream crossings. In this process, ODF has also replaced six culverts with bridges improving fish passage to approximately four miles of stream. The Tillamook State Foresl in conjunction with many partners, such F-as the Association of Northwest Steelheaders, G W EB, Simpson Timber Company, Tillamook County, the FishAmerica Foundation, Hardrock Construction Company, the Oregon Wildlife Heritage Foundation, the F& WS, the Oregon Youth Conservation Corps, Columbia Helicopters and Terra Helicopters, has also recently completed instream placement of over 400 rootwads, trees and boulders at a cost of $ 300,000 for habitat enhancement. ( 3) Key Agency Efforts. Continuation and completion of the following state agency efforts is critical to the success of the Oregon Plan. State agencies will make continuation or completion ( as appropriate) of the following efforts a high priority. ( a) The State of Oregon and the US. Department of Agriculture have entered into a Conservation Reserve Enhancement Program ( CREP). This cost- share program, one of the first of its kind, . will be used to reduce the impacts of agricultural practices through water quality. add habitat improvement. The objectives of the CREP are to: ( i) provide incentives'for farmers and ranchers to establish riparian buffers; ( ii) protect - . and restore at least 4,000 miles of stream habitat by providing up to 95,000 acres of riparian buffeis; ( i4) restore up to 5,000 acres of wetlands that will benefit salmonids; and ( iv) provide a mechanism for farmers and ranchers to comply with Oregon's ,- Senate Bill 101 0 ( 1 993 Or. Laws, ch. 263). ( b) ODF will work with non- industrial forest landowners to'administer the Stewardship Incentive Program and the Forest Resources Trust programs to protect and restore riparian and wetland areas that benefit salmonids. ( c) The Oregon Board of Forestry will determine, with the assistance of an advisory committee, to what extent changes to forest practices are needed to meet state water quality standards and to protect and restore salmonids. A substantial body of information regarding the effectiveness of current practices is being . developed. This information includes: ( i) the IMST report regarding . the role of forest practices and forest habitat in protecting and restoring salmonids; and ( ii) a series of - monitoring projects that include the Storms of 1996 study, a riparian areas study, a stream temperature study, and a road drainage study. Using this information, as well as other available scientific information including scientific information from NMFS, the advisory committee will make recommendations to the Board at both site and watershed scales on threats to salmonid habitat relating to sediment, water temperature, freshwater habitat needs, roads and fish passage. Based on the advisory committee's recommendations and other scientific information, the Board will make every effort to make its determinations by June 1999. The Board may . . determine that the most effective means of achieving any necessary changes to . - d;.~ .;* i;. z . I:@;.. %- .~ + k forest practices is through regulatory changes, statutory changes or through other programs . including programs to create incentives for forest landowners. In the event that the Board determines that legislative changes. are necessary to carry out its determinations, the Board will transmit any recommendations for such changes to the . Governor and to the Joint Committee at the earliest possible date. ( d) Consistent with administrative rule, and statutory and constitutional mandates for the management of state forests, ODF State Forest management plans will include an aquatic conservation strategy that has a high likelihood of protecting and restoring properly functioning aquatic habitat for salmonids on state forest lands. ( e) ODF will present to NMFS a Habitat Conservation Plan ( HCP) under Section 10 of the federal ESA that includes the Clatsop and Tillamook State Forests. ODF has already completed scierkific review and has public review underway for this draft HCP. The scientific and public review comments will be considered by ODF in . . completing the draft HCP. The draft HCP will be presented to NMFS by June 1999. An HCP for the ~ jliotSt tate Forest was approved by the US. Fish & Wildlife Service in 1995. In October af 1997, ODF and DSL forwarded the Elliott State Forest HCP to NMFS with the request that it be reviewed to determine whether it has a high likelihood of protecting and restoring properly functioning aquatic habitat conditions on state forest lands necessary to protect and restore salmonids. Based on discussions surrounding the NMFS review, ODF and DSL will determine what revisions, if any, are required to the Elliott HCP and/ or Forest Management Plan to ensure a high likelihood of protecting and restoring properly functioning aquatic habitat for salmonids. ( f) Before the OFWC adopts and implements fishery regulations that may result in taking of coho, ODFW will provide NMFS with'all available scientific information and analyses pertinent to the proposed regulation where the harvest measures are not under the jurisdiction of the PFMC, including results of the Oregon Plan monitoring and evaluation program. This information, together with the proposed regulation and supporting analysis, will be provided at least two weeks prior to the OFWC's action, to give NMFS time to review and comment on the proposed regulations. ( g) ODFW will evaluate the effects of predation on salmonids, and . will . work with . affected federal agencies to determine whether changes to programs and law relating to predation are warranted in order to protect and restore salmonids. P ( h) Under Oregon Senate Bill 101 0 ( 1 993 Or. Laws, ch. 2631, ODA will adopt Agricultural Water Qualify Management Area Plans ( AWQMAPs) for Tier I and Tier ll watersheds by the end of 2002. The AWQMAPs will be designed and implemented to meet load allocations for agriculture needed to achieve state water quality . . standards. In addition, ODA will work with ODFW, DEQ, GWEB, SWCDs, federal . agencies and watershed councils to determine to what extent additional measures related to achieving properly functioning riparian and aquatic habitat on agricultural lands are needed to protect and restore salmonids, giving attention first to priority areas identified in. the Oregon Plan. In the event ODA is unable to reach a consensus regarding such measures, ODA will ask the IMST to review areas of substantive ' scientific disagreement and to'make recommendations to ODA regarding how they should be resolved. In the event that legislative changes are needed to implement such measures, ODA will transmit any recommendations for such changes to. the Governor and to the Joint Committee at the earliest possible date. In addition, any measures identified as rieeded by ODA will be implemented at the earliest practicable time. * . ( i) ODFW will expedite its applications for instream water rights and OWRD will process such applications promptly where flow deficits are identified as adversely affecting salmonids, and where such rights. are not already in place. The Oregon - water Resources Department ( OWRD) and the Oregon Water Resources Commission ( OWRC) will- also seek to facilitate flow restoration targeted to streams identified by OWRD and ODFW as posing the most critical low- flow barriers to salmonids. In addition, where necessary, OWRD will continue to work with the Oregon State Police to provide enforcement of water use. Where illegal water uses are identified, OWRD will ensure outcomes consistent with maintenance and restoration of flows. ( j) The Oregon Environmental Quality commission ( EQC). and DEQ will evaluate and will make every effort to utilize their authorities to continue to provide additional protection to . priority areas ( as determined under section 1 ( f) of this Executive Order), including in- stream flow protection under state law, and antidegradation policy under . the federal Clean Water Act ( including Outstanding Resource Waters designations . and high quality waters designations). . ( k) DSL has proposed to adopt changes to its Essential Salmonid Habitat rules that will provide additional protection for spawning and rearing areas of anadromous salmonids. In addition, ODFW and DSL will consult with the OWRC to determine where it is necessary to administratively close priority areas ( including ' work under General Authorizations) to fill and removal activities in order to protect salmonids. . . DSL, ODFW, ODF and ODA also will work together to identify means of regulating the . uy- w :.-:: st. removal of organic material ( such as large woody debris) from streams where such removal would adversely affect salmonids and would not be contrary to other agency mandates. ( I) DSL will seek the advice of the IMST regarding whether gravel removal affects gravel and/ or sediment budgets in a manner that adversely affects salmonids. ( m) The Department of Land Conservation and ~ e v e l o p r n e n t ' ( ~ ~ acn~ d ) th, e Land Conservation- and Development Commission ( LCDC) will evaluate and, to the extent feasible, speed implementation of existing Goal 5 requirements for riparian corridors. ( n) DLCD, DEQ, ODF, ODA, ODFW, and DSL and their respective boards and commissions will evaluate and implement programs to protect and restore riparian vegetation for the purposes of achieving statewide water quality standards and . . protecting and restoring a aquatic habitat for salmonids. ' ( 0) DLCD, with, the assistance of DSL and ODFW, and in consultation with coastal cities and counties, shall review the requirements of Statewide Planning Goal i 6 as they pertain to estuarine resources important to the restoration of salmonids, and shall, report its findings to LCDC for its consideration. ( p) The Oregon State Police will work to facilitate the existing cooperative relationship with the NMFS Office of ~ a Ewnfo rcement, as well as tomaintain cooperation with other enforcement entities, in order to enhance law enforcement, public awareness and voluntary compliance related to harvest, habitat and other issues addressed in the Oregon Plan. ( q) The Oregon Parks and Recreation Department will continue to work to p. rovide information and education to the public on salmon and steelhead needs through park programs and interpretive aids. ( r) The Oregon Marine Board will work to ensure fish friendly boating and to develop boating facilities that protect salmonids. ( s) State natural resource agencies will continue, to the extent feasible, to support watershed councils by providing technical assistance to develop watershed assessments, restoration plans and to develop watershed priorities to benefit 7- salmonids. In addition, state natural resource agencies will work'on a larger . .:.... watershed scale to develop basin- wide restoration priorities. ( 4) Future Modifications; Public Involvement for the Oregon Plan Generally. The GNRO will solicit public co'mments and input from participants in the Oregon Plan regarding whether there are refinements or changes to the Plan and/ or the organizational framework for implementing the Plan that are necessary or desirable based on the experience gained over the past three years, or resulting from the widespread listings and proposed listings of salmon and trout under the federal ESA. Based on this public involvement, the GNRO will provide a report and recommendations to the Governor and the Joint Committee regarding whether modifications are necessary to the Oregon Plan in order to protect and restore coho and other salmonids. ( 5) Definitions. For purioses'of this Executive Order: . . ( aj The " Oregon Plan" means the Oregon Coastal Salmon Recovery lnitiative, dated March 1991, and the Steelhead. Supplement, dated January 1998. " Oregon Plan," as used in this Order, is intended to be consistent with the definition of the' Oregon Coastal Salmon Recovery lnitiative in Oregon Senate Bill 924 ( 1997 Or. Laws, .- cti. 7), and to include the Healthy Streams Partnership ( 1 993 Or. Laws, ch. 263). -. - ( b) " Protect" has the meaning given in section ( l)( d) of this Executive Order. ( c) " Restore" has the meaning'given in section ( l)( e) of this Executive Order. Restore necessarily includes actions to manage salmonids to provide for adequate escapement levels, and actions to increase the quantity and improve the quality of properly functioning habitat upon which salmonids depend. ( d) " Coho" means native wild coho salmon found in rivers and lakes along the Oregon Coast. ( el " Salmonids" means native wild salmon, char and trout in the State of Oregon. ( 6) Effective Date; Relation to Federal ESA. This Executive Order will take effect on the date that it is filed with the Secretary of State. The State of Oregon will continue to work with NMFS to determine the appropriate relationship between the Oregon Plan and NMFS's efforts under the federal ESA. Done at Salem, Oregon, this $ day of & ~ 4 y , 1999. ha26 . ~ it& er, M. D. Suz adnd .~. ow& end DEPUTY SECR~ ARYOF - STATE Close

• 42. [Image] Undepleted natural flow of the upper Klamath River : natural inflow to, natural losses from, and natural outfall of Upper Klamath Lake to the Link River and of Lower Klamath Lake to the Klamath River at Keno

  	A monthly natural flow history was determined for the 1949 to 2000 period at the Keno gage of the Upper Klamath River basin in south-central Oregon. Included within the evaluation is an assessment of natural ...
  	Citation × Citation Citation Abstract Copy Title: Undepleted natural flow of the upper Klamath River : natural inflow to, natural losses from, and natural outfall of Upper Klamath Lake to the Link River and of Lower Klamath Lake to the Klamath River at Keno Author: United States. Bureau of Reclamation. Denver Office. Technical Service Center Year: 2005, 2004 A monthly natural flow history was determined for the 1949 to 2000 period at the Keno gage of the Upper Klamath River basin in south-central Oregon. Included within the evaluation is an assessment of natural flows for the same period at the outfall of Upper Klamath Lake, which forms the head of the Link River at Klamath Falls, Oregon. Flow past the Link River gage is tributary to the Klamath River above Lower Klamath Lake. These natural flows were determined using standard and accepted methods. Records used in developing this analysis were derived from stream-gaging records and from climatic records for stations within and adjacent to the study area. Information was also obtained from published maps and reports, and file documents of the Klamath Area Office. Currently, received comments are being addressed and evaluation of elements related to these comments is in progress. The objective of this report is to provide a representative estimate of the monthly natural flow of the Upper Klamath River. Such an estimate is of the natural flow that would typically have occurred without the water-resources developments in the Upper Klamath Basin. A water-budget assessment was used in the determination of the natural flows. The assessment includes results from an evaluation of present-day irrigation depletions, and losses from reclaimed marshland, that have changed the natural inflow to, and resulting natural outfall from, Upper Klamath Lake. Also evaluated were losses to the natural inflow that would have been incurred due to pre-development marshland and evaporation associated with Upper Klamath Lake. The natural outfall from the lake comprised the natural flow of the Link River at Klamath Falls and also the consequent natural inflow to Lower Klamath Lake. Therefore, a similar evaluation was also completed for Lower Klamath Lake to estimate the natural flow of the Klamath River at Keno. The water-budget assessment was designed to simulate each lake as a natural water body within a stream-connected two-lake system. Much of the assessment was completed using Excel. Title: Undepleted natural flow of the upper Klamath River : natural inflow to, natural losses from, and natural outfall of Upper Klamath Lake to the Link River and of Lower Klamath Lake to the Klamath River at Keno Author: United States. Bureau of Reclamation. Denver Office. Technical Service Center Year: 2005, 2004 A monthly natural flow history was determined for the 1949 to 2000 period at the Keno gage of the Upper Klamath River basin in south-central Oregon. Included within the evaluation is an assessment of natural flows for the same period at the outfall of Upper Klamath Lake, which forms the head of the Link River at Klamath Falls, Oregon. Flow past the Link River gage is tributary to the Klamath River above Lower Klamath Lake. These natural flows were determined using standard and accepted methods. Records used in developing this analysis were derived from stream-gaging records and from climatic records for stations within and adjacent to the study area. Information was also obtained from published maps and reports, and file documents of the Klamath Area Office. Currently, received comments are being addressed and evaluation of elements related to these comments is in progress. The objective of this report is to provide a representative estimate of the monthly natural flow of the Upper Klamath River. Such an estimate is of the natural flow that would typically have occurred without the water-resources developments in the Upper Klamath Basin. A water-budget assessment was used in the determination of the natural flows. The assessment includes results from an evaluation of present-day irrigation depletions, and losses from reclaimed marshland, that have changed the natural inflow to, and resulting natural outfall from, Upper Klamath Lake. Also evaluated were losses to the natural inflow that would have been incurred due to pre-development marshland and evaporation associated with Upper Klamath Lake. The natural outfall from the lake comprised the natural flow of the Link River at Klamath Falls and also the consequent natural inflow to Lower Klamath Lake. Therefore, a similar evaluation was also completed for Lower Klamath Lake to estimate the natural flow of the Klamath River at Keno. The water-budget assessment was designed to simulate each lake as a natural water body within a stream-connected two-lake system. Much of the assessment was completed using Excel. Close

• 43. [Image] Williamson River delta restoration project : environmental assessment

  	"May 2000"; From cover: Prepared for U.S. Department of Agriculture/Natural Resources Conservation Service, 2316 South 6th Street, Suite C, Klamath Falls, Oregon 97601. In Partnership with The Nature Conservancy, ...
  	Citation × Citation Citation Abstract Copy Title: Williamson River delta restoration project : environmental assessment Year: 2000, 2005 "May 2000"; From cover: Prepared for U.S. Department of Agriculture/Natural Resources Conservation Service, 2316 South 6th Street, Suite C, Klamath Falls, Oregon 97601. In Partnership with The Nature Conservancy, 821 SE 14th Avenue, Portland, Oregon 97214 and US Fish and Wildlife Service, US Bureau of Reclamation, Klamath Tribes, PacifiCorp, Cell Tech International; Includes bibliographic references (p. 60-66) Title: Williamson River delta restoration project : environmental assessment Year: 2000, 2005 "May 2000"; From cover: Prepared for U.S. Department of Agriculture/Natural Resources Conservation Service, 2316 South 6th Street, Suite C, Klamath Falls, Oregon 97601. In Partnership with The Nature Conservancy, 821 SE 14th Avenue, Portland, Oregon 97214 and US Fish and Wildlife Service, US Bureau of Reclamation, Klamath Tribes, PacifiCorp, Cell Tech International; Includes bibliographic references (p. 60-66) Close

• 44. [Image] Public notice opening public lands to entry and announcing availability of water therefor : Public notice no. 45, October 8, 1947, Klamath Project Oregon-California, Part 2 - Tule Lake Division

  	UNITED STATES DEPAXTMENT OF. THE INTERIOR BUREAU OF RECLAMATION Washington, D. C. Public Notice No. I45 October 8, 1947 KLAMATH PROJECT, OREMN - CALIFORNIA PAXT 2- TLILE LAKE DIVISION PUBLIC NOTICE ...
  	Citation × Citation Citation Abstract Copy Title: Public notice opening public lands to entry and announcing availability of water therefor : Public notice no. 45, October 8, 1947, Klamath Project Oregon-California, Part 2 - Tule Lake Division Author: United States. Bureau of Reclamation Year: 1947, 2005, 2004 UNITED STATES DEPAXTMENT OF. THE INTERIOR BUREAU OF RECLAMATION Washington, D. C. Public Notice No. I45 October 8, 1947 KLAMATH PROJECT, OREMN - CALIFORNIA PAXT 2- TLILE LAKE DIVISION PUBLIC NOTICE OPENING PUBLIC LANDS TO ENTRY AND ANNOUNCING AVAILABILITY OF WATER THRWOR 1. Public land for vhich water i s available and for + ich entry may be made.-- In pursuance of the Act of June 17, 1902 ( 32 Stat. 388) and acts amendatory thereof or supplementary thereto, it i s hereby announced that water w i l l be available beginning with the i r r i ~ a t i o ns eason of 1948, end thereafter, and that application may be made in accordance with t h i s notice, beeinnine a t 2: 00 p. m., October 22, 1947, for entry on public lands i n Part 2- file Lake Division of the KlamAth Project,, Oregon - California, as shown on approved farm unit plats on f i l e in the Office of the District Manaaer. Bureau of Reclamation. Klamath Falls. Oregon. and in the District Land Office a t Sacramento, ~ a l i r o r k a . These lands are dkcribed as fofiows:- . Mount Diablo Meridian. California Section 1 36 1 1 1 1 1 1 1 2 1 2 2 2 3 2 3 2 2 2 1 11 12 1 11 11 - Farm - Unit A B C D E F G H J A B C D E F K L A B Description Township 46 North. Ranp( e 5 % st Lots 1, 8 & ~"$ IE& ( T. C7 N., R. 5 E.) Lo* 10 Lots 2, 7 & 9 i ~ t ~ & Lots 3, 6 & SEN& Lots 12 and 15 Lot 18 ~ 4 SWk ~ 4 % E& E& Lots 4 & 5 Lots 13 & 14 ~ o1t & NNE~ Lot 2 & SE& NW~ Lot 3 Lot 20 swl. Srwt Lot 22 E!& '& a h t s 6 & 7 Lots 16 & 17 Lots 4 & 5 Lot 6 Lot 19 ww4 @ NWt Total Irri-gable Acres 86.7 81.9 84.6 84.2 72.9 73.8 71.4 72.0 n. 4 73.5 73.4 84.0 86.6 * 77.3 75.5' n. 8 68.8 75.2 Order of Selection Section 11 u 11 ll 12 12 12 12 12 12 12 12 12 35 35 34 35 34 35 35 36 36 6 6 7 6 7 7 7 - Farm - Unit C D E J A B C D E F G H A B C D i3 B C A B C A B D Total Irri- Description gable Acres Township 46 North. Rawe 5 East( contd. 1 L c t s 6 & 7 Lots 7 & 8 Lot 9 Township 427eh. Range 5 East Lots 12 & 13 Lots 11 & 14 Lot 9 $ 94 Lot 10 Lot 3 w& i Lots 4, 8 & 9 Township 46 North. Range 6 East Lcts 15, 16 & 18 Lots 6, 10, 17, 20 & 21 Lots 15, 16, Lots 22 & 23 Lots 7, 11, 17, 18, SZ$ NI+~ Lots 8, 12 & NE$ SW& Lots 9, U & sE$& Order of - Sslection 2. & nit of acreaKe for which entry may be made or water secured.-? he area of public land constituting each farm unit represents the acreage which, in the opinion of the Secretary of the Interior, may be reasonably reouired for the support of a family upon such land, and i s fixed a t the amount shown upon the farm unit plats referrcd to above. 3. Preference rinhts of veterans. Nature of reference.-- Pursuant to the provisions of the A- ct of September 27, 1944 ( 58 Stat. ai47>- dyt?;;; Acts of June 25, 1946 ( Public Law 440, 79th Congress, 2nd ~ e s s i o n ) , and May 31, 1947 ( Public Law 82, 80th Congress, 1st session), for a period of 90 days from the opening of these lands to entry, or u n t i l January 20, 1948, the lands described i n paragraph 1 above w i l l be opened t o entry to persons who a t the time of milking application f a l l within one of the following classes: ( 1) Persons, including persons under 21 years of age, who have served i n the Army, Navy, Marine Corps, or Coast Guard of the United States for a period of a t l e a s t 90 days a t any time on o r a f t e r September 16, 1940, and prior to the termination of the present war, and are honorably discharged therefrom. ( 2) Persons, including persons under 21 years of age, who have served i n said Amy, Nairy, Marine Corps or Coast Guard during such period, regardless of l e n ~ t ho f service, and are discharged on account of wounds received or disability incurred during such period i n the line of duty, or, subsequent t o a regular discharge, are furnished hospitalization or awarded compensation by the government on account of such wounds or disability. ( 3) Ihe spouse of any person i n e i t h e r of the above classes ( 1) and ( 2), provided such spouse has the consent of such person to exercise his o r her preference right under said Act. ( L) The surviving spouse of any person i n either of the above classes ( 1) and ( 2), or i n the case of the death or marriage of such spouse, the minor child or children of such person by a guardian duly appointed and o f f i c i a l l y accredited a t the Department of the Interior, ( 5) The surviving spouse of m p person whose death has resulted from wunds received or disability incurred i n l i n e of duty while s e r v i n ~ i n said Army, Navy, Marine Corps or Coast , Tuard during the aboveaentioned period, or i n the case of the death or mrriage of such spouse, the oinor child or children of such person by a guardian duly appointed and o f f i c i a l l y accreEited a t tile Department of the Interior. Provided, however, that persons claiming such preferences must be qualified t o make entry under the homestead laws and also possess the qualifications as t o industw, experience, character, capital, and physical fitness required of a l l entrymen and entrywomen under t h i s notice. b. Definition of honorable discharge.- An honorable discharge within the meaning of the Act of Septenber 27, 1964, as amended, shall mean: ( 1) Separation of the veteran from the service by means of an honorable discharge or a discharge under honorable conditions. ( 2) Transfer of the veteran with honorable service from such service to a reserve or r e t i r e d s t a t u s prior to the termination of the war, or ( 3) Ending of the period of such veteran's war service by reason of the temination of the war, even though the veteran remains i n the military or naval service of the United States. c. Submission of proof of veterans' status.- All applicants for farm units who claim veterans* preference must attach to t h e i r applications a photostatic, c e r t i f i e d , or authenticated copy of an o f f i c i a l document of the respective branch of the service involved which clearly indicates an honorable discharge or transfer to a reserve o r retired status or which constitutes eddence of other facts on which the claim for preference i's based. Where the preference i s claimed by the surviving spouse, or on behalf of the minor child or children, of a deceased veteran, proof of such relationship, of his military service, and of his death must be attached to the application. Where the preference i s claimed by the spouse of a livinz veteran, proof of such relationship, the written consent of such veteran, and proof of his military service as re, mired above must be attached to the application. 4. Qualifications required by the Reclamation Law.-- Pursuant to the provisions of subsection C, section I+. of the Act of December 5. 1924 ( L3 Stat. 702. 43 U. S. C. 433). the follow in^ are established as minimrun nualifications which, in'the opinion of the iocal examjning koe. rd, are necessary to insure the success of entrymen or entrywomen on reclamation farm units included under t h i s notice. Appli-cants must meet these qualifications, as determined by the exanAninc boerd, i n order to he considered for entry. Failure to meet them i n any single respect will be sufficient cause for rejection of an application. No credit wi'll be given : or qualifications i n excess of the minimum reouired. The minimum qualifications are as follows: l a. Character and industry.- The applicant must be possessed of honesty, temperate habits, t h r i f t , industry, seriousness of purpose, record of good moral conduct, an8 a bona f i d e i n t e n t t o engage in farming as an occupation. As part of each application, the applicant shall furnlsh three separate signed statements regarding the character and industry of the applicant. These statements may be prepared and signed by an ordained sinister, any commanding officer under whom the applicant served, a teacher or administrative o f f i c i a l of any recognized high school o r college, present or previous employer or any comparable individual or o f f i c i a l , not a relative, who i s personally acquainted with the applicant. The individuals signing these statements may be those l i s t e d in para-graph 17 of the farm application blank, referred to i n paragraph 6 of t h i s notice. \ b. Health.-- The applicant must be i n such physical condition as w i l l enable him t o engage i n n o m l farm labor. Any person who i s physically handicapped or afflicted with any condition which makes such a b i l i t y questionable must attach to his application the detailed statement of an examining physician which defines the limitation upon such a b i l i t y and i t s causes. c. Farm experienn. ( 1) Fam experience shall be of such a n a t ~ r ea s in the judgment of the examining board w i l l qualify the applicant to undertake the development and operation of an irrigated farm by modern methods. The applicmt must have had a minimum of twa years' full- time farm experience a f t e r attain-ing the age of 15 years. ' Iko years of study i n agricultural courses i n an accredited agricultural college or tw years of responsible technical work in agriculture, i f deemed by the examining board to be work which would contlribute toward successful farm operation, may be substituted for one year of full- time experience; pmvided that no more thnn one year's experience may be credited from such sources. . A farm youth having atteined the age of 15, who actually resided and wrked on a farm h i l e attending school, majr credit such part- time experience as equal to 50 percent of full- time experience. A l l fam experience must have been obtained since October 1, 1932. No advantage w i l l accrue from farming ex-perienae on irrigated land. ( 2) Applicants must furnish three separate statements each signed either by a Vocational Agricultural teacher, County Agent, Farmers Home Administration County Supervisor, A. A. A. County Chairman, an officer of any local farm organization, or by some other responsible person who has personal knowled~ e of the applicant's farm experience or has verified it to h i s satisfaction certifying t o the farm experience claimed i n paragraph 7 of the farm application blank. Forms to be used by these references accompany each farm application blank. ( 3) Women applicants must describe fully the farm a c t i v i t i e s i n which they have participated and the relation of any agricultural courses they have taken to farm operation and management. d. Capital.-- Each applicant must possess at least $ 2,000, consisting of cash or assets readily convertible into cash, such as United jtates Savings Bonds, or assets useful i n the operation of a fann, such as livestock, farm machinery and equipent. In addition, each applicant shall furnish, i n the space pmvided i n paragraph 11 of the farm application blank, a financial statement l i s t i n g all of h i s assets and all of h i s l i a b i l i t i e s , showing a net worth of a t l e a s t 92,000. " Possession of the minimum net Worth rewrement of at least $ 2,000 must be corroborated hy a statement of an o f f i c i a l of a bank, or other responsible and reputable private or public credit agency. This corroborative statement may be a separate attachment, or may be inserted at the bottom of page 3 of the farm application blank. e. liestilction re~ ardinp: l andsopresently owned on any Federal reclamation projects.- In addition, i n order to qualify for entry on project lands, applicants must not hold or own, within any Federal reclamation project, irrigable land for h i c h construction charges payable t o the United States have not been fully paid. Proofs of conformity with t h i s renuirement need not he furnished, but a check of proj-ect lands w i l l be made to determine e l i g i b i l i t y of applicants before, awards of farm units are nade. 5. Principal qualifications required by homestead laws.- Tne homestead laws reouire that an entrynan or entxyvmman: a. Must be a citizen of the United States or have declared an intention to become a citizen of the United Stntes. , . + b. Must not have exhausted the ri& t to make hoxestead entry on plblic land. c. Must not own more than 160 acres of land i n the TJnited States. d. Entrywomen who are married must be heads of families; t h i s requirement of the homestead law was not affected by the Act of September 27, 19WI. ( 58 Stat. 747), as amended. Nntrgmen and unmarried entrywomen must be 21 years of age or the head of a family, except that such minimum age reauirement is not applicable t o entrymen or unmarried entrywomen who have served in the Army, Navy, Marine Corps or Coast Guard of the United States for a period of a t l e a s t 90 days a t any time on or a f t e r September 16, 1940, and prior to the termination of the present war and are honorably discharged. Any applicant who i s renuired t o be the head of a family must submit proof of such status with his or her application. Complete information concerning qualifications for homesteading may be obtained from District Land. Offices or from the Bureau of Land Management, Washington 25, D. C. I 6. .& en. where. and how to amly for a farm unit. a. Application blanks.- Pay person desiring to acauire one of the p b l i c land units described i n t h i s notice must f i l l out the attached farm application blank. Additional application blanks may be obtained from the D i s t r i c t Manager, Bureau of Reclamation, P. 0. Box 312 ( quilding 61, Mmicipal Air-port), Klamath Falls, Oregon; Regional Director, Bureau of Reclamation, P. 0. Yox 25ll, Sacramento 10, California, or the Commissioner, Bureau of Reclamation, Washington 25, D. C. Each question on the farm application blank must be answered completely, with the exception that preference choice of farm units need not be listed i n the space provided on page J. b. Filing of applications and proofs.- An application for a, fann unit l i s t e d in paragraph 1 of t h i s notice must be f i l e d with the District Manager. hreau of Reclamation. P. 0. Box 312, ( Building 61, Municipal Airport), Klamath Falls, Oregon, in persoi or by mail. No advantage will accrue to an appli-- cant who presents h i s or her application i n person. Such an application must be accompanied by: ( I ) Proof of veteran's status i f veteranst nreference i s claimed; see above, paragraph 3 c. ( 2) Three statements as to character and industry; see above, pragraph 4 a. ( 3) statement of examining physician, i n case of disability; see above, praeraph 4 b. ( 4) Three statements corroborating the fanu experience cldm; see above, paragraph 4 c ( 2). ( 5 ) Corroboration of c a p i t a l assets; see above, paragraph 4 d. ( 6) Proof of status a s head of a family I f applicant i s a narried wman veteran, or a non-veteran under the age of 21; see above paragraph 5 d. c. Priority of applications.-- All applications f i l e d f o r the public land fam units l i s t e d i n t h i s notice w i l l be classified for priority purposeseas follows and considered i n the following order: ( 1) First Prioritg- G-.-- All applications fj led prior to 2: 00 p. m., Januarg 20, 1948, 4. which are accompanied by proof sufficient i n the opinion of the board t o establish e l i g i b i l i t y f o r veterans' preference, A l l such applications will be treated as simultaneously filed. ( 2) Second Przorit Grou .-. A11 applications f i l e d prior t o 2: 00 p. m., ~ anuary' 20, 1948, from applicants without veterans: prefzrence o r which are nvt accompanied hy proof sufficient in the ' A opinjon of the board. to establish e l i g i b i l i t y for veterans' preference. A l l such applications w i l l be t ~ e a t e da s simultaneously filed. . ( 3) Final Priority Grou..- All applications f i l e d after 2: 00 p. m., January 20, 1948, whether or not accompanied by proof relative t o veterans' preference. Such applications w i l l be con-sidered in the order i n which they are filed, i f any farm units become available for assignment to appli-cants within t h i s group. d. h l i c a t i o n s cannot be returned.--% ch application subnitted, including substantiating and supporting data, becomes a pert of the pemnent records of the Burem of Reclamation and cannot be returned to the applicant. \ 7. Selection of 2 G f i e d apulicants. a. 7?,, 7minin~ h- o~.-. b examining board of three nemhers has heen approved hy the Commissioner of Reclamation t o consider the fitness of each applicant t o undertake the development and operation of a farm on the Klamath Project. Careful investigations will he made t o verify the statercents and representntions made by .% pplicants in order t o determine t h e i r nualifications as prescribed in t h i s notice. b. Wsis of exami. n& t> s.-- The examinin& hoard will determine the eligibility for the award of a reclamation farm unit under subsection 4C of the Act of December 5, 1924. As stated ahove i n para-graph 4, applicants w i l l be judged on the basis of character, industry, fanning experience, and capital. No applicant w i l l be considered eligible who does not malify i n all respects, or who doe3 not, in the opinion of the board, possess the health and vigor to engage in farm work. Any f a l s i f i c a t i o n or fraudu-lent misrepresentation shall constitute ground for the dismalification of the applicant, the rejection of his application, the cancellation of his award, and/ or the cancellation of his entry. c. Procedure. ( 1) Pre1ivina~~ amination.-- If ah applicant f a i l s to make a prima facie case, that is, i f an ex- mLnation of h i s application discloses that he is not qualified i n respect to the requirements prescribed herein, the application shall be rejected and the applicant notified by the board of such rejection and the reasons therefor, and of h i s right to'appeal in writing to the Regional Director, Region 11, Bureau of Reclamation. Such written appeals must be filed within ten ( 10) days from the receipt of such notice with the District Kanager, Bureau of Reclamation, P. 0. 90x 312 ( Building 61, Municipal Airport), Klamath Falls, Oregon, who will forward them promptly t o the Regional Erector. If an appeal i s decided by the Regional Xrector i n favor of the applicant, the application will be referred to the examining board for inclusion i n the drawing. A l l decision3 on appeals will he based exclusively on information obtained prior t o rejection of the application by the examining board. The Kegional Director's decision on a l l appeals shall be a n a l . ( 2) Selection of a~ plicants.- After the expiration of the anpeal periods fixed by the ahoveaentioned notices, . wd in the absence of any pending appeals, the examining board shall conduct a public drawing from the names of the remaining applicants i n the First Priority Group, as defined i n parapaph 6 c. Qualified applicants need not be present a t the drawing i n order to participate therein. A t o t a l of 88 names ( twice the numher of puhlic land farm units to be awarded) shell be drawn snd numbered consecutively. The applicants whose names are so drawn may be closely investieated by the board to determine the authenticity and r e l i a b i l i t y of the infcnnation and proofs offered by them. This i n v e s t i ~ a t i o nm ay include a personal appearance before the board, i f the hoard determines that t h i s i s necessnry; should any applicant f a i l to com? ly with the hoard's renuest for a personal appearance, such f a i l u r e shall conatitute ground for rejection of his application. Any applicant, whose application is rejected by the board as a result of such investigation, shall he given notice of such rejection, setting forth the reasons therefor and advising the ap licant of his right t o appeal in writing to the Xegional Director. The provisions of paragraph 7 c ( 17 relative t o appeals shall be applicable to any such appeal, except that where any such appeal i s decided by the Regional Director in favor of the applicant such applicant shall retain the number assigned t o him a t the time of the drawing. After the expiration of all appeal periods fixed by notices given as above- provided, and i n - t h e absence of any pending appeals, those applicants whose applications remain unrejected and who hold the W, lowest numbers assigned a t the drawing, exclusive of those numbers assigned to rejected applications, shall be selected by the e x d n i n g board as the successful applicants. The balance of the 88 appli-cants whose applications remain unrejected shall be selected by the board as alternates. The board shall thereupon notify each successful applicant and each alternate of h i s selection and of his respective standing. The board shall thereupon notify a l l other remaining a l i c a n t s t h a t farm units will not becom available to than, except pursuant to subparagraph 7 c. ( 3)( 3bel ow. ( 3) Awarding of farm units. ( a) Upon the completi. on of any action which may become necessary by reason of any notices given, the examining board shall award farm units i n accordance with order of selection numbers assigned such units to the above- mentioned W, successful applicants i n the order in which t h e i r names are drawn without regard to preferences indicated by applicants for specific farm u n i t s o r otherwise. Each applicant to whom a farm unit has been awarded will be notified of t h a t f a c t by the board. Each such applicant shall have no right of entry for any other farm unit. If any such applicants f a i l to make application for homestead entry in conformity with the provisions of paragraph 9 below or t o comply with the other applicable renuircrrmente set out in said paragraph, the farm units awarded to them shall he awarded to alternates i n the order in which t h e i r names were dram and mbjact to the same condi-tions and reouirements as the 01% nal awards. ' he alternate withthe lowest number as assigned under the p= ovisions of paragraph 7 c. $ 1 hall tak( the place of the loweat numbered applicant m n g the f i r s t W* who f a i l s to make application for homestead entry. or disqualifies by failure to comply with the other rerpirmmts s e t forth i n paragraph 9 below; and the alternate with the second lowest number shall take the place of the second lowest numberad applicant who f a i l s t o make application for homestead entry or comply with the other mruiremmtr. Thm same procedure shall continue to apply u n t i l a l l f a n units have been awarded. ( b) The foregoing procedure h a l l continue u n t i l a l l fam units are finally disposed of to unrejected mpplicantr in the First Priority Group whose names have been drawn and whose applica-tions hnve been closely investigatd as provided herein. If units still remain to be awarded a f t e r a l l applications in the Pirst Priority Group have been procerrod, the foregoing procedure shall be applied i n the proceasing of applications in the Second Priority Group. If d t s . till remain t o b e awarded a f t e r all applications in the Second Priorlty Cmup have been processed, the foreg'oing procedure shall be applied in the'processing of applications i n the Pinal Priority Group, except that the board shall consider such applications in the order i n which they are f i l d i n lieu of conducting a drawing with reference thereto. ( 4) DeUmrg of notices.- All notices given to applicants pursuant to the provisions of paraeraph 7 c. and subparagraphs thereunder shall be i n writing and shall be delivered t o the respective applicants personally or sent to them by registered m a i l with return receipt requested. 8. ! Narn- against unlawful settlement.- No parson shall be permitted t o gain or exorcise any right under any settlement or occupation of any of the public lands covered by t h i s notice except under the terms and conditions prescribed by t h i s notice. 9. Payment of charms and filin,? of homestead applications.- After the 44 successful applicants have been selected, they & all be so notified hy the examininl~ board, and with such notice the examining hoard shall enclose a water rental application for the farm unit awarded which must be executed by the applicant and returned to the District Manager, Bureau of Reclamation, P. 0. Box 312 ( Buildiq 61, hnicipal Airport), Klamath Falls, Oregon, within ten ( 10) days from receipt thereof, to& her with the pdyment of the minimum water rental charge as specified i n uaragraph 10 a. hereof. Upon r e c e i ~ to f water rental application and payment of the amount due thereon, the examining board shall furnish each appli-cant a c e r t i f i c a t e statine that his qualifications to enter public lands as renuired by subsection C of Section 4 of the Act of December 5, 1924 ( W Stat. 702) have been uassed upon and approved by the examining board. Such c e r t i f i c a t e mast be attached by the applicant t o h i s homestead application which application must he f i l e d at the District Land Office of the Bureau of Land Management, Sacramento, California. Such homestead application must be f i l e d within t h i r t y ( 30) days from the date of the receipt by the applicant of said certificate. Failure to pay the water rental charge or to make appli-cation for homestead entry within the periods specified herein w l l l render the application subject to rejection, i n which event the examining board w i l l select the next listed alternate. 10. Charges payable by a l l water users,- The Reclamation Law provides that except during a ' ldeveloument ~ eriodl' fixed by the Secretary of the Interior water m y not be delivered for the irrina-tion of- lands- until an org& zation, satisfactory i n form and powers- to the Secretary, has entered into a contract with the United States prodding for the repayment of the project construction costs & ich are allocated to such irrigated lands. Pursuant to Section 2 ( 5 ) and 7 ( b) of the Rsclnmation Project Act, of 1939, ( 53 5tat. 1187), lands described i n paragraph 1 of t h i s plblic notice are hereby designated a developnent unit. The maximu developnent period for the lands so designsted i s fixed a t a period of four gears from and including the f i r s t year in which water i s delivered; provided, that such period may be reduced by supplemental mtice should the Secretary determine that the f u l l four- year period i s not reasonably necessarg. Before the end of tha developent period, a l l lands described i n said para-graph 1, must, therefore, be included within an organization of the type described and such organization must execute a contract cwering the repaynent of the construction costs allocated to such lands. a. Char~ es payable before execution of the r e p s p n t contract. ( 1) The minimum water rental charge f o r the irrigation season of 1948 and thereafter u n t i l further notice shall be three dollars ($ 3.00) per acre for each irrigable acre of land in the f a n unit, whether water i s used or not, which will entitle the entryman to two and one half ( a) acre- feet . of water per irrigable acre. Payment of this charge for the irrigation season of 1948 s h a l l be made at the time of filing water rental applications. ( 2) Additional water dl1 be firnished during the 1948 i r r i ~ a t i o n season and thereafter u n t i l further notice up to a limit of three and one half ( 33) acre- feet per irrieable acre at the rate of f i f t y cents ( 80.50) per acre- foot and a11 further nuantities a t seventy- five cents ( w. 75) per acre-foot. Charges for the additional water are to be paid on or before hcember 1 of the year in which used. No water shall be delivered to the water uemr in mbsequent years u n t i l a l l such charges have been paid in full. ( 3) In the event any applicant does not receive notice of the award of a farm unit u n t i l a f t e r June 15, 1948, payment shall be a minimum charge of three dollars ($ 3.00) per acre, which payment shall apply as a credit on the minimum charge for the following irrieation season. ( h) The foregoing charges are subject t o a l l provisions of the Federal Reclamation Law relative to collections and penalties for delinquencies. The charges w i l l be paid a t the office of the Bureau of Reclamation, Klamath Falls, Oregon. Future charges dll be announced by future order o r public notice. 6. b. Charges payable a f t e r execution of the repayment contract.- Subsequent to the execution of the repayment contract, and i n accordance with the terms thereof, water users will pay an annual charge per acre t o meet operation and maintenance costs and t o repay t o the government that portion of the constmction costs allocated to Part 2, Tule Lake Division. On the date of issue of t h i s puhlic notice, it i s impracticablr to determine ( 1) the t o t a l construction cost of Part 2, Tule Iake Divlsion distributary system; ( 2) the allocation of costs to Part 2, ' We Lake Division of tho Klamath Federal Reclamation Pmject, and ( 3) the ultimate water- service area of the Division. Accorrlingly, no exact statmnent as t o the t o t a l and per acre construction charge t o be made against the lands opened in t h i s puhlic notice i s practicable, When the t o t a l construction charge has been detedned and allocated by the Secretary of the Interior, and a repapent c o n t r q ~ tn egotiated with the irrigation d i s t r i c t , a supplementary notice announcing the t o t a l and per acre charges will be issued. 11. A l l land to be i ~ c l u d e di ~- i- r1ii~ t~ qnn( 1- i= t_~ i~.- 5acwh ater rental appliciltion for land covered by t h i s plblic notice shall be made on Form 7- 39 and the followine clause shall be inserted a5 the bottom of wid form: " 1 agree to the inclusion of my land i n an irrigation d i s t r i c t and I agree'also to p r t i c i p a t e in the organization of ? n i r r i ~ a t i o nd i s t r i c t at the earliest practicable date." 12. Reservation of riphts- of- way for county. state. and Federal highwzys and access roads.- Rights- of- way are reserved for county, s t a t e and Federal highways and access roads to the f ~ r mu nits shown on said plats along section lines and other lines shown in red on the farm plats. 13. Reservation of ri& ts- of- wau for publicdwned utilities.- Kightsdf- way are reserved for covernment- owned telephone, electric transmission, water and sewer lines, and water treating and pump ing plants, as now constructed, a d the secretary of the Interior reserves the r i g h t t o locate such other gwenwent- owned f a c i l i t i e s over and across the farm units above descri! md as hereafter, i n his opinion, may be necessary f o r the proper construction, operation, and maintenance of the said project. 14. Effect of relinquishment.-- In tho event that any entry of public land made hereunder shall be' relinauished ot any time prior to actual residence upon the land by the entrynan for not less than one year, the land so relinquished shall not be subject to entry for a period of 60 days a f t e r the f i l i n g and nctation of the relinnuishment i n " he Cistrict Land Office. Applicfltions conforming to the reqhire-ments of t h i s public notice may be f i l e d for a period of 15 days a f t e r the expiration of said 60- day period. Ach applications w i l l be considered ard processed anrl awards made pursuant to the provisions of paragraphs 7 and 9 of this public notice. 15. Waiver of mineral rights.-- All homestead entries f o r the ahove- described farm units will he subject to the laws of the United States governing mineral land, and all homestead applicarts under this notice must waive the rij< ht t o the mineral content of the land, i f required to do so by tke hrea. 1 of Lwd Ifanagement; otherwise the homestead applications will he rnjected o r the homestead entry or entries canceled. 16. Flood hazard.-- The lands to he entered are reclaimed lands lyiw in the former bed of Tnle Lake and m y be subject t o flooding and invndation during extremely wet nesrs. The Sureau of 2ecla1rstion i s now engaged i n the constmction of additionel works which, when completed, w i l l nrov5. de reasonnble flood protection. Settlers are warned, however, that i n case- of extreme mnoff result in^ in the fl. ood-iny of any of the lands, the government assumes no responsitdlity for dmare to persons or property caused by such flooding. Assistant Secretary of the Interior Title: Public notice opening public lands to entry and announcing availability of water therefor : Public notice no. 45, October 8, 1947, Klamath Project Oregon-California, Part 2 - Tule Lake Division Author: United States. Bureau of Reclamation Year: 1947, 2005, 2004 UNITED STATES DEPAXTMENT OF. THE INTERIOR BUREAU OF RECLAMATION Washington, D. C. Public Notice No. I45 October 8, 1947 KLAMATH PROJECT, OREMN - CALIFORNIA PAXT 2- TLILE LAKE DIVISION PUBLIC NOTICE OPENING PUBLIC LANDS TO ENTRY AND ANNOUNCING AVAILABILITY OF WATER THRWOR 1. Public land for vhich water i s available and for + ich entry may be made.-- In pursuance of the Act of June 17, 1902 ( 32 Stat. 388) and acts amendatory thereof or supplementary thereto, it i s hereby announced that water w i l l be available beginning with the i r r i ~ a t i o ns eason of 1948, end thereafter, and that application may be made in accordance with t h i s notice, beeinnine a t 2: 00 p. m., October 22, 1947, for entry on public lands i n Part 2- file Lake Division of the KlamAth Project,, Oregon - California, as shown on approved farm unit plats on f i l e in the Office of the District Manaaer. Bureau of Reclamation. Klamath Falls. Oregon. and in the District Land Office a t Sacramento, ~ a l i r o r k a . These lands are dkcribed as fofiows:- . Mount Diablo Meridian. California Section 1 36 1 1 1 1 1 1 1 2 1 2 2 2 3 2 3 2 2 2 1 11 12 1 11 11 - Farm - Unit A B C D E F G H J A B C D E F K L A B Description Township 46 North. Ranp( e 5 % st Lots 1, 8 & ~"$ IE& ( T. C7 N., R. 5 E.) Lo* 10 Lots 2, 7 & 9 i ~ t ~ & Lots 3, 6 & SEN& Lots 12 and 15 Lot 18 ~ 4 SWk ~ 4 % E& E& Lots 4 & 5 Lots 13 & 14 ~ o1t & NNE~ Lot 2 & SE& NW~ Lot 3 Lot 20 swl. Srwt Lot 22 E!& '& a h t s 6 & 7 Lots 16 & 17 Lots 4 & 5 Lot 6 Lot 19 ww4 @ NWt Total Irri-gable Acres 86.7 81.9 84.6 84.2 72.9 73.8 71.4 72.0 n. 4 73.5 73.4 84.0 86.6 * 77.3 75.5' n. 8 68.8 75.2 Order of Selection Section 11 u 11 ll 12 12 12 12 12 12 12 12 12 35 35 34 35 34 35 35 36 36 6 6 7 6 7 7 7 - Farm - Unit C D E J A B C D E F G H A B C D i3 B C A B C A B D Total Irri- Description gable Acres Township 46 North. Rawe 5 East( contd. 1 L c t s 6 & 7 Lots 7 & 8 Lot 9 Township 427eh. Range 5 East Lots 12 & 13 Lots 11 & 14 Lot 9 $ 94 Lot 10 Lot 3 w& i Lots 4, 8 & 9 Township 46 North. Range 6 East Lcts 15, 16 & 18 Lots 6, 10, 17, 20 & 21 Lots 15, 16, Lots 22 & 23 Lots 7, 11, 17, 18, SZ$ NI+~ Lots 8, 12 & NE$ SW& Lots 9, U & sE$& Order of - Sslection 2. & nit of acreaKe for which entry may be made or water secured.-? he area of public land constituting each farm unit represents the acreage which, in the opinion of the Secretary of the Interior, may be reasonably reouired for the support of a family upon such land, and i s fixed a t the amount shown upon the farm unit plats referrcd to above. 3. Preference rinhts of veterans. Nature of reference.-- Pursuant to the provisions of the A- ct of September 27, 1944 ( 58 Stat. ai47>- dyt?;;; Acts of June 25, 1946 ( Public Law 440, 79th Congress, 2nd ~ e s s i o n ) , and May 31, 1947 ( Public Law 82, 80th Congress, 1st session), for a period of 90 days from the opening of these lands to entry, or u n t i l January 20, 1948, the lands described i n paragraph 1 above w i l l be opened t o entry to persons who a t the time of milking application f a l l within one of the following classes: ( 1) Persons, including persons under 21 years of age, who have served i n the Army, Navy, Marine Corps, or Coast Guard of the United States for a period of a t l e a s t 90 days a t any time on o r a f t e r September 16, 1940, and prior to the termination of the present war, and are honorably discharged therefrom. ( 2) Persons, including persons under 21 years of age, who have served i n said Amy, Nairy, Marine Corps or Coast Guard during such period, regardless of l e n ~ t ho f service, and are discharged on account of wounds received or disability incurred during such period i n the line of duty, or, subsequent t o a regular discharge, are furnished hospitalization or awarded compensation by the government on account of such wounds or disability. ( 3) Ihe spouse of any person i n e i t h e r of the above classes ( 1) and ( 2), provided such spouse has the consent of such person to exercise his o r her preference right under said Act. ( L) The surviving spouse of any person i n either of the above classes ( 1) and ( 2), or i n the case of the death or marriage of such spouse, the minor child or children of such person by a guardian duly appointed and o f f i c i a l l y accredited a t the Department of the Interior, ( 5) The surviving spouse of m p person whose death has resulted from wunds received or disability incurred i n l i n e of duty while s e r v i n ~ i n said Army, Navy, Marine Corps or Coast , Tuard during the aboveaentioned period, or i n the case of the death or mrriage of such spouse, the oinor child or children of such person by a guardian duly appointed and o f f i c i a l l y accreEited a t tile Department of the Interior. Provided, however, that persons claiming such preferences must be qualified t o make entry under the homestead laws and also possess the qualifications as t o industw, experience, character, capital, and physical fitness required of a l l entrymen and entrywomen under t h i s notice. b. Definition of honorable discharge.- An honorable discharge within the meaning of the Act of Septenber 27, 1964, as amended, shall mean: ( 1) Separation of the veteran from the service by means of an honorable discharge or a discharge under honorable conditions. ( 2) Transfer of the veteran with honorable service from such service to a reserve or r e t i r e d s t a t u s prior to the termination of the war, or ( 3) Ending of the period of such veteran's war service by reason of the temination of the war, even though the veteran remains i n the military or naval service of the United States. c. Submission of proof of veterans' status.- All applicants for farm units who claim veterans* preference must attach to t h e i r applications a photostatic, c e r t i f i e d , or authenticated copy of an o f f i c i a l document of the respective branch of the service involved which clearly indicates an honorable discharge or transfer to a reserve o r retired status or which constitutes eddence of other facts on which the claim for preference i's based. Where the preference i s claimed by the surviving spouse, or on behalf of the minor child or children, of a deceased veteran, proof of such relationship, of his military service, and of his death must be attached to the application. Where the preference i s claimed by the spouse of a livinz veteran, proof of such relationship, the written consent of such veteran, and proof of his military service as re, mired above must be attached to the application. 4. Qualifications required by the Reclamation Law.-- Pursuant to the provisions of subsection C, section I+. of the Act of December 5. 1924 ( L3 Stat. 702. 43 U. S. C. 433). the follow in^ are established as minimrun nualifications which, in'the opinion of the iocal examjning koe. rd, are necessary to insure the success of entrymen or entrywomen on reclamation farm units included under t h i s notice. Appli-cants must meet these qualifications, as determined by the exanAninc boerd, i n order to he considered for entry. Failure to meet them i n any single respect will be sufficient cause for rejection of an application. No credit wi'll be given : or qualifications i n excess of the minimum reouired. The minimum qualifications are as follows: l a. Character and industry.- The applicant must be possessed of honesty, temperate habits, t h r i f t , industry, seriousness of purpose, record of good moral conduct, an8 a bona f i d e i n t e n t t o engage in farming as an occupation. As part of each application, the applicant shall furnlsh three separate signed statements regarding the character and industry of the applicant. These statements may be prepared and signed by an ordained sinister, any commanding officer under whom the applicant served, a teacher or administrative o f f i c i a l of any recognized high school o r college, present or previous employer or any comparable individual or o f f i c i a l , not a relative, who i s personally acquainted with the applicant. The individuals signing these statements may be those l i s t e d in para-graph 17 of the farm application blank, referred to i n paragraph 6 of t h i s notice. \ b. Health.-- The applicant must be i n such physical condition as w i l l enable him t o engage i n n o m l farm labor. Any person who i s physically handicapped or afflicted with any condition which makes such a b i l i t y questionable must attach to his application the detailed statement of an examining physician which defines the limitation upon such a b i l i t y and i t s causes. c. Farm experienn. ( 1) Fam experience shall be of such a n a t ~ r ea s in the judgment of the examining board w i l l qualify the applicant to undertake the development and operation of an irrigated farm by modern methods. The applicmt must have had a minimum of twa years' full- time farm experience a f t e r attain-ing the age of 15 years. ' Iko years of study i n agricultural courses i n an accredited agricultural college or tw years of responsible technical work in agriculture, i f deemed by the examining board to be work which would contlribute toward successful farm operation, may be substituted for one year of full- time experience; pmvided that no more thnn one year's experience may be credited from such sources. . A farm youth having atteined the age of 15, who actually resided and wrked on a farm h i l e attending school, majr credit such part- time experience as equal to 50 percent of full- time experience. A l l fam experience must have been obtained since October 1, 1932. No advantage w i l l accrue from farming ex-perienae on irrigated land. ( 2) Applicants must furnish three separate statements each signed either by a Vocational Agricultural teacher, County Agent, Farmers Home Administration County Supervisor, A. A. A. County Chairman, an officer of any local farm organization, or by some other responsible person who has personal knowled~ e of the applicant's farm experience or has verified it to h i s satisfaction certifying t o the farm experience claimed i n paragraph 7 of the farm application blank. Forms to be used by these references accompany each farm application blank. ( 3) Women applicants must describe fully the farm a c t i v i t i e s i n which they have participated and the relation of any agricultural courses they have taken to farm operation and management. d. Capital.-- Each applicant must possess at least $ 2,000, consisting of cash or assets readily convertible into cash, such as United jtates Savings Bonds, or assets useful i n the operation of a fann, such as livestock, farm machinery and equipent. In addition, each applicant shall furnish, i n the space pmvided i n paragraph 11 of the farm application blank, a financial statement l i s t i n g all of h i s assets and all of h i s l i a b i l i t i e s , showing a net worth of a t l e a s t 92,000. " Possession of the minimum net Worth rewrement of at least $ 2,000 must be corroborated hy a statement of an o f f i c i a l of a bank, or other responsible and reputable private or public credit agency. This corroborative statement may be a separate attachment, or may be inserted at the bottom of page 3 of the farm application blank. e. liestilction re~ ardinp: l andsopresently owned on any Federal reclamation projects.- In addition, i n order to qualify for entry on project lands, applicants must not hold or own, within any Federal reclamation project, irrigable land for h i c h construction charges payable t o the United States have not been fully paid. Proofs of conformity with t h i s renuirement need not he furnished, but a check of proj-ect lands w i l l be made to determine e l i g i b i l i t y of applicants before, awards of farm units are nade. 5. Principal qualifications required by homestead laws.- Tne homestead laws reouire that an entrynan or entxyvmman: a. Must be a citizen of the United States or have declared an intention to become a citizen of the United Stntes. , . + b. Must not have exhausted the ri& t to make hoxestead entry on plblic land. c. Must not own more than 160 acres of land i n the TJnited States. d. Entrywomen who are married must be heads of families; t h i s requirement of the homestead law was not affected by the Act of September 27, 19WI. ( 58 Stat. 747), as amended. Nntrgmen and unmarried entrywomen must be 21 years of age or the head of a family, except that such minimum age reauirement is not applicable t o entrymen or unmarried entrywomen who have served in the Army, Navy, Marine Corps or Coast Guard of the United States for a period of a t l e a s t 90 days a t any time on or a f t e r September 16, 1940, and prior to the termination of the present war and are honorably discharged. Any applicant who i s renuired t o be the head of a family must submit proof of such status with his or her application. Complete information concerning qualifications for homesteading may be obtained from District Land. Offices or from the Bureau of Land Management, Washington 25, D. C. I 6. .& en. where. and how to amly for a farm unit. a. Application blanks.- Pay person desiring to acauire one of the p b l i c land units described i n t h i s notice must f i l l out the attached farm application blank. Additional application blanks may be obtained from the D i s t r i c t Manager, Bureau of Reclamation, P. 0. Box 312 ( quilding 61, Mmicipal Air-port), Klamath Falls, Oregon; Regional Director, Bureau of Reclamation, P. 0. Yox 25ll, Sacramento 10, California, or the Commissioner, Bureau of Reclamation, Washington 25, D. C. Each question on the farm application blank must be answered completely, with the exception that preference choice of farm units need not be listed i n the space provided on page J. b. Filing of applications and proofs.- An application for a, fann unit l i s t e d in paragraph 1 of t h i s notice must be f i l e d with the District Manager. hreau of Reclamation. P. 0. Box 312, ( Building 61, Municipal Airport), Klamath Falls, Oregon, in persoi or by mail. No advantage will accrue to an appli-- cant who presents h i s or her application i n person. Such an application must be accompanied by: ( I ) Proof of veteran's status i f veteranst nreference i s claimed; see above, paragraph 3 c. ( 2) Three statements as to character and industry; see above, pragraph 4 a. ( 3) statement of examining physician, i n case of disability; see above, praeraph 4 b. ( 4) Three statements corroborating the fanu experience cldm; see above, paragraph 4 c ( 2). ( 5 ) Corroboration of c a p i t a l assets; see above, paragraph 4 d. ( 6) Proof of status a s head of a family I f applicant i s a narried wman veteran, or a non-veteran under the age of 21; see above paragraph 5 d. c. Priority of applications.-- All applications f i l e d f o r the public land fam units l i s t e d i n t h i s notice w i l l be classified for priority purposeseas follows and considered i n the following order: ( 1) First Prioritg- G-.-- All applications fj led prior to 2: 00 p. m., Januarg 20, 1948, 4. which are accompanied by proof sufficient i n the opinion of the board t o establish e l i g i b i l i t y f o r veterans' preference, A l l such applications will be treated as simultaneously filed. ( 2) Second Przorit Grou .-. A11 applications f i l e d prior t o 2: 00 p. m., ~ anuary' 20, 1948, from applicants without veterans: prefzrence o r which are nvt accompanied hy proof sufficient in the ' A opinjon of the board. to establish e l i g i b i l i t y for veterans' preference. A l l such applications w i l l be t ~ e a t e da s simultaneously filed. . ( 3) Final Priority Grou..- All applications f i l e d after 2: 00 p. m., January 20, 1948, whether or not accompanied by proof relative t o veterans' preference. Such applications w i l l be con-sidered in the order i n which they are filed, i f any farm units become available for assignment to appli-cants within t h i s group. d. h l i c a t i o n s cannot be returned.--% ch application subnitted, including substantiating and supporting data, becomes a pert of the pemnent records of the Burem of Reclamation and cannot be returned to the applicant. \ 7. Selection of 2 G f i e d apulicants. a. 7?,, 7minin~ h- o~.-. b examining board of three nemhers has heen approved hy the Commissioner of Reclamation t o consider the fitness of each applicant t o undertake the development and operation of a farm on the Klamath Project. Careful investigations will he made t o verify the statercents and representntions made by .% pplicants in order t o determine t h e i r nualifications as prescribed in t h i s notice. b. Wsis of exami. n& t> s.-- The examinin& hoard will determine the eligibility for the award of a reclamation farm unit under subsection 4C of the Act of December 5, 1924. As stated ahove i n para-graph 4, applicants w i l l be judged on the basis of character, industry, fanning experience, and capital. No applicant w i l l be considered eligible who does not malify i n all respects, or who doe3 not, in the opinion of the board, possess the health and vigor to engage in farm work. Any f a l s i f i c a t i o n or fraudu-lent misrepresentation shall constitute ground for the dismalification of the applicant, the rejection of his application, the cancellation of his award, and/ or the cancellation of his entry. c. Procedure. ( 1) Pre1ivina~~ amination.-- If ah applicant f a i l s to make a prima facie case, that is, i f an ex- mLnation of h i s application discloses that he is not qualified i n respect to the requirements prescribed herein, the application shall be rejected and the applicant notified by the board of such rejection and the reasons therefor, and of h i s right to'appeal in writing to the Regional Director, Region 11, Bureau of Reclamation. Such written appeals must be filed within ten ( 10) days from the receipt of such notice with the District Kanager, Bureau of Reclamation, P. 0. 90x 312 ( Building 61, Municipal Airport), Klamath Falls, Oregon, who will forward them promptly t o the Regional Erector. If an appeal i s decided by the Regional Xrector i n favor of the applicant, the application will be referred to the examining board for inclusion i n the drawing. A l l decision3 on appeals will he based exclusively on information obtained prior t o rejection of the application by the examining board. The Kegional Director's decision on a l l appeals shall be a n a l . ( 2) Selection of a~ plicants.- After the expiration of the anpeal periods fixed by the ahoveaentioned notices, . wd in the absence of any pending appeals, the examining board shall conduct a public drawing from the names of the remaining applicants i n the First Priority Group, as defined i n parapaph 6 c. Qualified applicants need not be present a t the drawing i n order to participate therein. A t o t a l of 88 names ( twice the numher of puhlic land farm units to be awarded) shell be drawn snd numbered consecutively. The applicants whose names are so drawn may be closely investieated by the board to determine the authenticity and r e l i a b i l i t y of the infcnnation and proofs offered by them. This i n v e s t i ~ a t i o nm ay include a personal appearance before the board, i f the hoard determines that t h i s i s necessnry; should any applicant f a i l to com? ly with the hoard's renuest for a personal appearance, such f a i l u r e shall conatitute ground for rejection of his application. Any applicant, whose application is rejected by the board as a result of such investigation, shall he given notice of such rejection, setting forth the reasons therefor and advising the ap licant of his right t o appeal in writing to the Xegional Director. The provisions of paragraph 7 c ( 17 relative t o appeals shall be applicable to any such appeal, except that where any such appeal i s decided by the Regional Director in favor of the applicant such applicant shall retain the number assigned t o him a t the time of the drawing. After the expiration of all appeal periods fixed by notices given as above- provided, and i n - t h e absence of any pending appeals, those applicants whose applications remain unrejected and who hold the W, lowest numbers assigned a t the drawing, exclusive of those numbers assigned to rejected applications, shall be selected by the e x d n i n g board as the successful applicants. The balance of the 88 appli-cants whose applications remain unrejected shall be selected by the board as alternates. The board shall thereupon notify each successful applicant and each alternate of h i s selection and of his respective standing. The board shall thereupon notify a l l other remaining a l i c a n t s t h a t farm units will not becom available to than, except pursuant to subparagraph 7 c. ( 3)( 3bel ow. ( 3) Awarding of farm units. ( a) Upon the completi. on of any action which may become necessary by reason of any notices given, the examining board shall award farm units i n accordance with order of selection numbers assigned such units to the above- mentioned W, successful applicants i n the order in which t h e i r names are drawn without regard to preferences indicated by applicants for specific farm u n i t s o r otherwise. Each applicant to whom a farm unit has been awarded will be notified of t h a t f a c t by the board. Each such applicant shall have no right of entry for any other farm unit. If any such applicants f a i l to make application for homestead entry in conformity with the provisions of paragraph 9 below or t o comply with the other applicable renuircrrmente set out in said paragraph, the farm units awarded to them shall he awarded to alternates i n the order in which t h e i r names were dram and mbjact to the same condi-tions and reouirements as the 01% nal awards. ' he alternate withthe lowest number as assigned under the p= ovisions of paragraph 7 c. $ 1 hall tak( the place of the loweat numbered applicant m n g the f i r s t W* who f a i l s to make application for homestead entry. or disqualifies by failure to comply with the other rerpirmmts s e t forth i n paragraph 9 below; and the alternate with the second lowest number shall take the place of the second lowest numberad applicant who f a i l s t o make application for homestead entry or comply with the other mruiremmtr. Thm same procedure shall continue to apply u n t i l a l l f a n units have been awarded. ( b) The foregoing procedure h a l l continue u n t i l a l l fam units are finally disposed of to unrejected mpplicantr in the First Priority Group whose names have been drawn and whose applica-tions hnve been closely investigatd as provided herein. If units still remain to be awarded a f t e r a l l applications in the Pirst Priority Group have been procerrod, the foregoing procedure shall be applied i n the proceasing of applications in the Second Priority Group. If d t s . till remain t o b e awarded a f t e r all applications in the Second Priorlty Cmup have been processed, the foreg'oing procedure shall be applied in the'processing of applications i n the Pinal Priority Group, except that the board shall consider such applications in the order i n which they are f i l d i n lieu of conducting a drawing with reference thereto. ( 4) DeUmrg of notices.- All notices given to applicants pursuant to the provisions of paraeraph 7 c. and subparagraphs thereunder shall be i n writing and shall be delivered t o the respective applicants personally or sent to them by registered m a i l with return receipt requested. 8. ! Narn- against unlawful settlement.- No parson shall be permitted t o gain or exorcise any right under any settlement or occupation of any of the public lands covered by t h i s notice except under the terms and conditions prescribed by t h i s notice. 9. Payment of charms and filin,? of homestead applications.- After the 44 successful applicants have been selected, they & all be so notified hy the examininl~ board, and with such notice the examining hoard shall enclose a water rental application for the farm unit awarded which must be executed by the applicant and returned to the District Manager, Bureau of Reclamation, P. 0. Box 312 ( Buildiq 61, hnicipal Airport), Klamath Falls, Oregon, within ten ( 10) days from receipt thereof, to& her with the pdyment of the minimum water rental charge as specified i n uaragraph 10 a. hereof. Upon r e c e i ~ to f water rental application and payment of the amount due thereon, the examining board shall furnish each appli-cant a c e r t i f i c a t e statine that his qualifications to enter public lands as renuired by subsection C of Section 4 of the Act of December 5, 1924 ( W Stat. 702) have been uassed upon and approved by the examining board. Such c e r t i f i c a t e mast be attached by the applicant t o h i s homestead application which application must he f i l e d at the District Land Office of the Bureau of Land Management, Sacramento, California. Such homestead application must be f i l e d within t h i r t y ( 30) days from the date of the receipt by the applicant of said certificate. Failure to pay the water rental charge or to make appli-cation for homestead entry within the periods specified herein w l l l render the application subject to rejection, i n which event the examining board w i l l select the next listed alternate. 10. Charges payable by a l l water users,- The Reclamation Law provides that except during a ' ldeveloument ~ eriodl' fixed by the Secretary of the Interior water m y not be delivered for the irrina-tion of- lands- until an org& zation, satisfactory i n form and powers- to the Secretary, has entered into a contract with the United States prodding for the repayment of the project construction costs & ich are allocated to such irrigated lands. Pursuant to Section 2 ( 5 ) and 7 ( b) of the Rsclnmation Project Act, of 1939, ( 53 5tat. 1187), lands described i n paragraph 1 of t h i s plblic notice are hereby designated a developnent unit. The maximu developnent period for the lands so designsted i s fixed a t a period of four gears from and including the f i r s t year in which water i s delivered; provided, that such period may be reduced by supplemental mtice should the Secretary determine that the f u l l four- year period i s not reasonably necessarg. Before the end of tha developent period, a l l lands described i n said para-graph 1, must, therefore, be included within an organization of the type described and such organization must execute a contract cwering the repaynent of the construction costs allocated to such lands. a. Char~ es payable before execution of the r e p s p n t contract. ( 1) The minimum water rental charge f o r the irrigation season of 1948 and thereafter u n t i l further notice shall be three dollars ($ 3.00) per acre for each irrigable acre of land in the f a n unit, whether water i s used or not, which will entitle the entryman to two and one half ( a) acre- feet . of water per irrigable acre. Payment of this charge for the irrigation season of 1948 s h a l l be made at the time of filing water rental applications. ( 2) Additional water dl1 be firnished during the 1948 i r r i ~ a t i o n season and thereafter u n t i l further notice up to a limit of three and one half ( 33) acre- feet per irrieable acre at the rate of f i f t y cents ( 80.50) per acre- foot and a11 further nuantities a t seventy- five cents ( w. 75) per acre-foot. Charges for the additional water are to be paid on or before hcember 1 of the year in which used. No water shall be delivered to the water uemr in mbsequent years u n t i l a l l such charges have been paid in full. ( 3) In the event any applicant does not receive notice of the award of a farm unit u n t i l a f t e r June 15, 1948, payment shall be a minimum charge of three dollars ($ 3.00) per acre, which payment shall apply as a credit on the minimum charge for the following irrieation season. ( h) The foregoing charges are subject t o a l l provisions of the Federal Reclamation Law relative to collections and penalties for delinquencies. The charges w i l l be paid a t the office of the Bureau of Reclamation, Klamath Falls, Oregon. Future charges dll be announced by future order o r public notice. 6. b. Charges payable a f t e r execution of the repayment contract.- Subsequent to the execution of the repayment contract, and i n accordance with the terms thereof, water users will pay an annual charge per acre t o meet operation and maintenance costs and t o repay t o the government that portion of the constmction costs allocated to Part 2, Tule Lake Division. On the date of issue of t h i s puhlic notice, it i s impracticablr to determine ( 1) the t o t a l construction cost of Part 2, Tule Iake Divlsion distributary system; ( 2) the allocation of costs to Part 2, ' We Lake Division of tho Klamath Federal Reclamation Pmject, and ( 3) the ultimate water- service area of the Division. Accorrlingly, no exact statmnent as t o the t o t a l and per acre construction charge t o be made against the lands opened in t h i s puhlic notice i s practicable, When the t o t a l construction charge has been detedned and allocated by the Secretary of the Interior, and a repapent c o n t r q ~ tn egotiated with the irrigation d i s t r i c t , a supplementary notice announcing the t o t a l and per acre charges will be issued. 11. A l l land to be i ~ c l u d e di ~- i- r1ii~ t~ qnn( 1- i= t_~ i~.- 5acwh ater rental appliciltion for land covered by t h i s plblic notice shall be made on Form 7- 39 and the followine clause shall be inserted a5 the bottom of wid form: " 1 agree to the inclusion of my land i n an irrigation d i s t r i c t and I agree'also to p r t i c i p a t e in the organization of ? n i r r i ~ a t i o nd i s t r i c t at the earliest practicable date." 12. Reservation of riphts- of- way for county. state. and Federal highwzys and access roads.- Rights- of- way are reserved for county, s t a t e and Federal highways and access roads to the f ~ r mu nits shown on said plats along section lines and other lines shown in red on the farm plats. 13. Reservation of ri& ts- of- wau for publicdwned utilities.- Kightsdf- way are reserved for covernment- owned telephone, electric transmission, water and sewer lines, and water treating and pump ing plants, as now constructed, a d the secretary of the Interior reserves the r i g h t t o locate such other gwenwent- owned f a c i l i t i e s over and across the farm units above descri! md as hereafter, i n his opinion, may be necessary f o r the proper construction, operation, and maintenance of the said project. 14. Effect of relinquishment.-- In tho event that any entry of public land made hereunder shall be' relinauished ot any time prior to actual residence upon the land by the entrynan for not less than one year, the land so relinquished shall not be subject to entry for a period of 60 days a f t e r the f i l i n g and nctation of the relinnuishment i n " he Cistrict Land Office. Applicfltions conforming to the reqhire-ments of t h i s public notice may be f i l e d for a period of 15 days a f t e r the expiration of said 60- day period. Ach applications w i l l be considered ard processed anrl awards made pursuant to the provisions of paragraphs 7 and 9 of this public notice. 15. Waiver of mineral rights.-- All homestead entries f o r the ahove- described farm units will he subject to the laws of the United States governing mineral land, and all homestead applicarts under this notice must waive the rij< ht t o the mineral content of the land, i f required to do so by tke hrea. 1 of Lwd Ifanagement; otherwise the homestead applications will he rnjected o r the homestead entry or entries canceled. 16. Flood hazard.-- The lands to he entered are reclaimed lands lyiw in the former bed of Tnle Lake and m y be subject t o flooding and invndation during extremely wet nesrs. The Sureau of 2ecla1rstion i s now engaged i n the constmction of additionel works which, when completed, w i l l nrov5. de reasonnble flood protection. Settlers are warned, however, that i n case- of extreme mnoff result in^ in the fl. ood-iny of any of the lands, the government assumes no responsitdlity for dmare to persons or property caused by such flooding. Assistant Secretary of the Interior Close

• 45. [Image] Western water supply : hearing before the Committee on Energy and Natural Resources, United States Senate, One Hundred Eighth Congress, second session, to receive testimony regarding water supply issues in the arid West, March 9, 2004

  	CONTENTS STATEMENTS Page American Farm Bureau Federation 26963 Bell, Craig, Executive Director, Western States Water Council 26945 Domenici, Hon. Pete V., U.S. Senator From New Mexico 2691 Gaibler, Floyd, ...
  	Citation × Citation Citation Abstract Copy Title: Western water supply : hearing before the Committee on Energy and Natural Resources, United States Senate, One Hundred Eighth Congress, second session, to receive testimony regarding water supply issues in the arid West, March 9, 2004 Author: United States. Congress. Senate. Committee on Energy and Natural Resources Year: 2004, 2005 CONTENTS STATEMENTS Page American Farm Bureau Federation 26963 Bell, Craig, Executive Director, Western States Water Council 26945 Domenici, Hon. Pete V., U.S. Senator From New Mexico 2691 Gaibler, Floyd, Deputy Undersecretary for Farm and Foreign Agricultural Services, Department of Agriculture 26932 Grisoli, Brigadier General William T., Commander, Northwestern Division, U.S. Army Corps of Engineers 26918 Hall, Tex G., President, National Congress of American Indians, and Chair man, Mandan, Hidatsa and Arikara Nation 26950 Raley, Bennett, Assistant Secretary, Department of the Interior 2695 Uccellini, Dr. Louis, Director, National Centers for Environmental Prediction, National Oceanic and Atmospheric Administration 26926 APPENDIX Responses to additional questions 2620 67 Title: Western water supply : hearing before the Committee on Energy and Natural Resources, United States Senate, One Hundred Eighth Congress, second session, to receive testimony regarding water supply issues in the arid West, March 9, 2004 Author: United States. Congress. Senate. Committee on Energy and Natural Resources Year: 2004, 2005 CONTENTS STATEMENTS Page American Farm Bureau Federation 26963 Bell, Craig, Executive Director, Western States Water Council 26945 Domenici, Hon. Pete V., U.S. Senator From New Mexico 2691 Gaibler, Floyd, Deputy Undersecretary for Farm and Foreign Agricultural Services, Department of Agriculture 26932 Grisoli, Brigadier General William T., Commander, Northwestern Division, U.S. Army Corps of Engineers 26918 Hall, Tex G., President, National Congress of American Indians, and Chair man, Mandan, Hidatsa and Arikara Nation 26950 Raley, Bennett, Assistant Secretary, Department of the Interior 2695 Uccellini, Dr. Louis, Director, National Centers for Environmental Prediction, National Oceanic and Atmospheric Administration 26926 APPENDIX Responses to additional questions 2620 67 Close

• 46. [Image] Klamath Basin summary of recent federal government activities, March 2003

  	The Department of the Interior, Klamath River Basin Work Plans and Reports
  	Citation × Citation Citation Abstract Copy Title: Klamath Basin summary of recent federal government activities, March 2003 Author: United States. Dept. of the Interior Year: 2003, 2005 The Department of the Interior, Klamath River Basin Work Plans and Reports Title: Klamath Basin summary of recent federal government activities, March 2003 Author: United States. Dept. of the Interior Year: 2003, 2005 The Department of the Interior, Klamath River Basin Work Plans and Reports Close

• 47. [Image] Summary of ongoing and planned work of the Department of the Interior related to the Klamath River Basin, March 2003

  	The Department of the Interior, Klamath River Basin, Work Plans and Reports
  	Citation × Citation Citation Abstract Copy Title: Summary of ongoing and planned work of the Department of the Interior related to the Klamath River Basin, March 2003 Author: United States. Dept. of the Interior Year: 2003, 2005 The Department of the Interior, Klamath River Basin, Work Plans and Reports Title: Summary of ongoing and planned work of the Department of the Interior related to the Klamath River Basin, March 2003 Author: United States. Dept. of the Interior Year: 2003, 2005 The Department of the Interior, Klamath River Basin, Work Plans and Reports Close

• 48. [Image] Klamath and Trinity River basins : hearing before the Subcommittee on Fisheries and Wildlife Conservation and the Environment of the Committee on Merchant Marine and Fisheries, House of Representatives, Ninety-ninth Congress, second session, on H.R. 4712 ... July 16, 1986

  	Serial no. 99-54 (United States. Congress. House. Committee on Merchant Marine and Fisheries)
  	Citation × Citation Citation Abstract Copy Title: Klamath and Trinity River basins : hearing before the Subcommittee on Fisheries and Wildlife Conservation and the Environment of the Committee on Merchant Marine and Fisheries, House of Representatives, Ninety-ninth Congress, second session, on H.R. 4712 ... July 16, 1986 Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment Year: 1986, 2005 Serial no. 99-54 (United States. Congress. House. Committee on Merchant Marine and Fisheries) Title: Klamath and Trinity River basins : hearing before the Subcommittee on Fisheries and Wildlife Conservation and the Environment of the Committee on Merchant Marine and Fisheries, House of Representatives, Ninety-ninth Congress, second session, on H.R. 4712 ... July 16, 1986 Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment Year: 1986, 2005 Serial no. 99-54 (United States. Congress. House. Committee on Merchant Marine and Fisheries) Close

• 49. [Image] Recent paleolimnology of Upper Klamath Lake, Oregon

  	Recent Paleolimnology of Upper Klamath Lake Eilers et al. 2001 ABSTRACT Sediment cores were collected from Upper Klamath Lake in October, 1998 and analyzed for 210Pb, 14C, 15N, N, P, C, Ti, Al, diatoms, ...
  	Citation × Citation Citation Abstract Copy Title: Recent paleolimnology of Upper Klamath Lake, Oregon Author: United States. Bureau of Reclamation Year: 2001, 2005 Recent Paleolimnology of Upper Klamath Lake Eilers et al. 2001 ABSTRACT Sediment cores were collected from Upper Klamath Lake in October, 1998 and analyzed for 210Pb, 14C, 15N, N, P, C, Ti, Al, diatoms, Pediastrum, and cyanobacterial akinetes. These results were used to reconstruct changes in water quality in Upper Klamath Lake over the last 150 years. The results showed that there was substantial mixing of the upper 10 cm of sediment, representing the previous 20 to 30 years. However, below that, 210Pb activity declined monotonically, allowing reasonable dating for the period from about 1850 to 1970. The sediment accumulation rates (SAR) showed a substantial increase in the 20th century. The increase in SAR corresponded with increases in erosional input from the watershed as represented by the increases in sediment concentrations of Ti and Al. The upper 20 cm of sediment (representing the last 150 years) also showed increases in C, N, P, and 15N. The increases in nutrient concentrations may be affected to various degrees by diagenetic reactions within the sediments, although the changes in concentrations also were marked by changes in the N:P ratio and in a qualitative change in the source of N as reflected in increasing S15N. The diatoms showed modest changes, particularly in the upper sediments, with increases in Asterionellaformosa, Stephanodiscus hantzschii, and S. parvus. Pediastrum, a green alga, was well-preserved in the sediments and exhibited a sharp decline in relative abundance in the upper sediments. Total cyanobacteria, as represented by preserved akinetes, exhibited only minor changes in the last 1000 years. However, a taxon which was formerly not present in the lake 150 years ago, Aphanizomenon, has shown major increases in recent decades. Although the mixing in the upper sediments prevents high-resolution temporal analysis of the recent history (e.g. last 30 years) of Upper Klamath Lake, the results demonstrate that major changes in water quality likely have occurred leading to a major modification of the phytoplankton assemblage. The changes in sediment composition are consistent with land use activities during this period that include substantial deforestation, drainage of wetlands, and agricultural activities associated with livestock and irrigated cropland. Title: Recent paleolimnology of Upper Klamath Lake, Oregon Author: United States. Bureau of Reclamation Year: 2001, 2005 Recent Paleolimnology of Upper Klamath Lake Eilers et al. 2001 ABSTRACT Sediment cores were collected from Upper Klamath Lake in October, 1998 and analyzed for 210Pb, 14C, 15N, N, P, C, Ti, Al, diatoms, Pediastrum, and cyanobacterial akinetes. These results were used to reconstruct changes in water quality in Upper Klamath Lake over the last 150 years. The results showed that there was substantial mixing of the upper 10 cm of sediment, representing the previous 20 to 30 years. However, below that, 210Pb activity declined monotonically, allowing reasonable dating for the period from about 1850 to 1970. The sediment accumulation rates (SAR) showed a substantial increase in the 20th century. The increase in SAR corresponded with increases in erosional input from the watershed as represented by the increases in sediment concentrations of Ti and Al. The upper 20 cm of sediment (representing the last 150 years) also showed increases in C, N, P, and 15N. The increases in nutrient concentrations may be affected to various degrees by diagenetic reactions within the sediments, although the changes in concentrations also were marked by changes in the N:P ratio and in a qualitative change in the source of N as reflected in increasing S15N. The diatoms showed modest changes, particularly in the upper sediments, with increases in Asterionellaformosa, Stephanodiscus hantzschii, and S. parvus. Pediastrum, a green alga, was well-preserved in the sediments and exhibited a sharp decline in relative abundance in the upper sediments. Total cyanobacteria, as represented by preserved akinetes, exhibited only minor changes in the last 1000 years. However, a taxon which was formerly not present in the lake 150 years ago, Aphanizomenon, has shown major increases in recent decades. Although the mixing in the upper sediments prevents high-resolution temporal analysis of the recent history (e.g. last 30 years) of Upper Klamath Lake, the results demonstrate that major changes in water quality likely have occurred leading to a major modification of the phytoplankton assemblage. The changes in sediment composition are consistent with land use activities during this period that include substantial deforestation, drainage of wetlands, and agricultural activities associated with livestock and irrigated cropland. Close

• 50. [Image] Biological assessment of Klamath Project's continuing operations on the endangered Lost River sucker and shortnose sucker

  	BIOLOGICAL ASSESSMENT OF KLAMATH PROJECT'S CONTINUING OPERATIONS ON THE ENDANGERED LOST RIVER SUCKER AND SHORTNOSE SUCKER U.S. Bureau of Reclamation Mid-Pacific Region Klamath Basin Area Office Klamath ...
  	Citation × Citation Citation Abstract Copy Title: Biological assessment of Klamath Project's continuing operations on the endangered Lost River sucker and shortnose sucker Author: United States. Bureau of Reclamation Year: 2001, 2005 BIOLOGICAL ASSESSMENT OF KLAMATH PROJECT'S CONTINUING OPERATIONS ON THE ENDANGERED LOST RIVER SUCKER AND SHORTNOSE SUCKER U.S. Bureau of Reclamation Mid-Pacific Region Klamath Basin Area Office Klamath Falls, Oregon February 13,2001 TABLE OF CONTENTS 1.0 INTRODUCTION 2 2.0 DESCRIPTION OF THE ACTION 3 3.0 DESCRIPTION OF HISTORIC OPERATIONS 6 4.0 ENDANGERED SPECIES POTENTIALLY AFFECTED BY THE KLAMATH PROJECT 16 5.0 ENVIRONMENTAL BASELINE 60 6.0 EFFECTS OF KLAMATH PROJECT ON BALD EAGLES 60 7.0 EFFECTS OF KLAMATH PROJECT ENDANGERED SUCKERS 63 8.0 PROPOSED CRITICAL HABITAT FOR ENDANGERED SUCKERS 82 9.0 CUMULATIVE EFFECTS 84 10.0 DETERMINATION OF EFFECTS 89 11.0 LITERATURE CITED 90 12.0 PERSONAL COMMUNICATIONS 100 13.0 APPENDIX 1 - ESA CONSULTATION REVIEW 101 Title: Biological assessment of Klamath Project's continuing operations on the endangered Lost River sucker and shortnose sucker Author: United States. Bureau of Reclamation Year: 2001, 2005 BIOLOGICAL ASSESSMENT OF KLAMATH PROJECT'S CONTINUING OPERATIONS ON THE ENDANGERED LOST RIVER SUCKER AND SHORTNOSE SUCKER U.S. Bureau of Reclamation Mid-Pacific Region Klamath Basin Area Office Klamath Falls, Oregon February 13,2001 TABLE OF CONTENTS 1.0 INTRODUCTION 2 2.0 DESCRIPTION OF THE ACTION 3 3.0 DESCRIPTION OF HISTORIC OPERATIONS 6 4.0 ENDANGERED SPECIES POTENTIALLY AFFECTED BY THE KLAMATH PROJECT 16 5.0 ENVIRONMENTAL BASELINE 60 6.0 EFFECTS OF KLAMATH PROJECT ON BALD EAGLES 60 7.0 EFFECTS OF KLAMATH PROJECT ENDANGERED SUCKERS 63 8.0 PROPOSED CRITICAL HABITAT FOR ENDANGERED SUCKERS 82 9.0 CUMULATIVE EFFECTS 84 10.0 DETERMINATION OF EFFECTS 89 11.0 LITERATURE CITED 90 12.0 PERSONAL COMMUNICATIONS 100 13.0 APPENDIX 1 - ESA CONSULTATION REVIEW 101 Close