71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
 LC 4241
 
                           A-Engrossed
 
                        House Memorial 2
                   Ordered by the House May 18
             Including House Amendments dated May 18
 
Sponsored by Representatives BUTLER, GARRARD; Representative
  KNOPP, Senator HARPER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Requests amendment of Endangered Species Act, reevaluation of
Lost River sucker fish biological opinion, development of
long-term water  { + supply augmentation, conservation and + }
storage solutions for Klamath Basin irrigators  { + and other
water demands + } and declaration of Klamath County as natural
disaster area.
 
                         HOUSE MEMORIAL
To the President of the United States, the Senate and the House
  of Representatives of the United States of America, in Congress
  assembled, the Secretary of the Interior and the Secretary of
  Commerce:
  We, your memorialists, the House of Representatives of the
State of Oregon, in legislative session assembled, respectfully
represent as follows:
  Whereas the economy of the Klamath Basin relies on agriculture;
and
  Whereas the Klamath Project delivers water to farmers in the
Klamath Basin; and
  Whereas precipitation for the rain year from September 1, 2000,
through April 17, 2001, in the Klamath Basin is 47.4 percent of
normal; and
  Whereas the Governor of the State of Oregon declared Klamath
County in a state of drought emergency on March 28, 2001; and
  Whereas the Klamath Basin is home to the Lost River sucker fish
( { - Deltistes luxatus - }), the shortnosed sucker fish
( { - Chasmistes brevirostris - }), the coho salmon
( { - Oncorhynchus kisutch - }) and the bald eagle
( { - Haliaeetus leucocephalus - }); and
  Whereas the Lost River sucker fish and the shortnosed sucker
fish are listed as endangered species and the coho salmon and
bald eagle are listed as threatened species under the Endangered
Species Act of 1973; and
  Whereas the Endangered Species Act states, 'It is further
declared to be the policy of Congress that Federal agencies shall
cooperate with State and local agencies to resolve water resource
issues in concert with conservation of endangered species'; and
  Whereas the United States Bureau of Reclamation declared on
April 6, 2001, without cooperation from the State of Oregon,
local officials or local agencies, and without consideration of
the economic implications to the Klamath Basin, that 'no water
will be available from Upper Klamath Lake to supply the farmers
of the Klamath Project' and 'based on current estimates, the
Bureau of Reclamation projects that there will be only about
70,000 acre-feet available for the irrigation of 'A' lands on the
east side of the basin'; and
  Whereas a full supply for the Klamath Project is 500,000
acre-feet; and
  Whereas the decision by the United States Bureau of Reclamation
is devastating to the population and economy of Klamath Falls;
and
  Whereas the water problems in the Klamath Basin are similar to
those facing farmers and ranchers in other western states; and
  Whereas the Governor of the State of Oregon has publicly stated
that 'an approach which involves private landowners in the
decision-making -- which gives them some ownership and investment
in the work being done -- has a greater and more immediate
positive impact on the resource than simply applying regulations
that tell them what to do'; and
  Whereas the State of Oregon is committed to preserving native
wildlife for future generations and is capable of developing and
implementing policies that preserve endangered species and the
livelihoods of local communities; now, therefore,
Be It Resolved by the House of Representatives of the State of
  Oregon:
  (1) The Secretary of the Interior and the Secretary of Commerce
are respectfully urged to:
  (a) Require a local economic impact statement when making
decisions in implementing the Endangered Species Act;
  (b) Cooperate with state, local and tribal governments when
resolving water resource issues; and
  (c) Encourage the reevaluation of the biological opinions on
the Lost River sucker fish, shortnosed sucker fish, coho salmon
and bald eagle.
  (2) The President of the United States, the Senate and the
House of Representatives of the United States of America, in
Congress assembled, are respectfully urged to:
  (a) Pass federal legislation amending the Endangered Species
Act to take into account the local economic impact when
implementing the Endangered Species Act, to strengthen the role
of states, to provide increased certainty and assistance to
landowners and water users affected by the Endangered Species
Act, and to provide for scientific peer review and enhanced
public participation in the decision-making process;
  (b) Declare Klamath County a federal disaster area due to
drought conditions and the implementation of the Endangered
Species Act;
  (c) Provide disaster assistance to farmers and businesses that
are gravely affected by the water allocation decisions made by
the United States Bureau of Reclamation in the Klamath Project
2001 Annual Operating Plan; and
  (d) Develop long-term water supply augmentation, conservation
and storage solutions for irrigation and other water demands in
the Klamath Basin.
  (3) A copy of this memorial shall be sent to the President of
the United States, the Secretary of the Interior, the Secretary
of Commerce and to each member of the Oregon and California
Congressional Delegations.
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