This event received national attention for years afterwards. Despite the civil unrest, however, the event was a catalyst for helping the area develop multi-agency government species recovery programs which provided cooperation and awareness of the needs of all the stakeholders. In addition, these programs are providing jobs for biologists, geologists, and other scientists, as well as public officials.
The water was turned back on despite the legal right that USBOR had to turn off the water, as determined by the US Fish and Wildlife Service’s (USFWS) biological opinion in conjunction with the Endangered Species Act. In 2001, drought conditions had reduced reservoir levels, which threatened habitat conditions for two species of fish that were designated as threatened or endangered. Shutting the water off at the dam would have allowed water levels to rise, which would have reduced the dangerous dissolved oxygen levels in the water and thus reduced the threat to the fish.
But the farmers and ranchers had longstanding water rights to the water as established by the state government. In addition, the National Oceanic and Atmospheric Administration (NOAA) had claim over the water, too, because of the endangered coho salmon that used the river below the Upper Klamath Falls Reservoir to breed and raise their young.
So, who took precedence? The people or the fish? And who ultimately had authority to decide?
The office of the President of the United States finally had to step in to conduct an investigation and offer a solution to the problem. And, through many talks with all the government agencies and special interest groups with a stake in the situation, the area surrounding Upper Klamath Falls has reached a favorable resolution. Multi-agency species recovery programs, which include local stakeholders, were formed to meet on a regular basis to discuss the viability of the threatened and endangered species in question, which include the shortnose sucker (Chasmistes brevirostris) and the lost river sucker (Deltistes luxatus). Farmers and ranchers discovered that threatened and endangered species in the area actually provide a funding source for water-related projects, such as new pipelines, repairs to the dam, and fish ladders that will benefit both the water-rights owners and the fish themselves.
And the people in the area are very pleased with what is happening. Local elected officials have latched on and are providing leadership as well as a voice for the people. The new programs in Oregon analyzed other existing multi-agency species recovery programs, such as the Upper Colorado River Recovery Implementation Program and the San Juan River Recovery Implementation Program, which combined affect government agencies in Colorado, New Mexico, Arizona, Utah, and Nevada.
These groups consist of biologists from USBOR, USFWS, the US Geological Survey, the US Bureau of Land Management, state fish and wildlife agencies, local governments (especially water districts), and special interest environmental organizations, and they meet on a regular basis to discuss the following:
- Restoring habitat along the river for the different life stages of the fish at stake.
- Improving water quality.
- Funding for better water storage and piping to conserve water.
- Preventing non-native predatory species from entering fish habitats.
- Studying the genetic makeup of the threatened or endangered species to research and identify causes for the species decline as well as solutions to prevent imperilment.
- Developing and maintaining fisheries and hatcheries to assist fish populations.
- Public outreach and awareness of laws.