Press Release March
1, 2002:
FOR IMMEDIATE RELEASE: March
1, 2002
Contact: Allen Foreman, Tribal
Chairman, 541-783-2219
Doug Barber, The Ulum Group, 541-434-7023, 541-554-5653 (Cell)
Carl Ullman, Klamath Tribes Water Attorney, 541-783-3081 (Work)
541-892-0410 (Cell)
541-883-2932 (Home)
COURT CONFIRMS KLAMATH TRIBES MOST SENIOR WATER RIGHT
The Klamath Tribes (the Klamath, the Modoc and the Yahooskin) have senior water rights in the Klamath Basin, a U.S. District Court judge in Portland, Ore., has reaffirmed in a ruling issued today.
U.S District Judge Owen M. Panner found that the Tribes have senior water rights with a "time immemorial" priority date, and that the Tribes have the right to prevent withdrawals from lakes and streams to protect fish and wildlife. The case, United States vs. Adair, was originally filed in 1975 and decided in the Tribes' favor in 1979. In 1984 the 9th Circuit Court of Appeals affirmed the original finding. The trial court retained continuing jurisdiction over the case. Last year the court exercised its continuing jurisdiction and reopened the case.
"The court could not have been more clear and direct in reconfirming the rights that we have maintained all along we have," said Tribal Chairman Allen Foreman. "This is an important decision for the Tribes. It is vital to protecting the Tribes' treaty resources (hunting, fishing, trapping and gathering), including some species which are on the brink of extinction. While the court has consistently ruled in our favor, the legal decision continued to be questioned in the Klamath Basin Adjudication. With this decision the Adjudication should move forward on sound legal footing."
Adjudication is a state-administered legal proceeding to determine the priority and quantity of water rights in the Klamath Basin.
"Time immemorial" is a legal term meaning that the right extends back in time as far as possible. No right can be senior to a time immemorial right.
Panner wrote in his ruling that the court "could not have been more clear in articulating its holding that gathering rights, and supporting water rights, are reserved to the Tribe." He continued, "the assertion that the tribes are entitled only to some 'minimum amount' of water is an incorrect statement of the law The Tribe is entitled to 'whatever water is necessary to achieve' the result of supporting productive habitat.'"
Panner concluded his ruling by writing, "In no event shall the adjudicator quantify or reduce the Tribal water right to a level below that which is necessary to support productive habitat."