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June 3, 2019

Tom Byler
Director Oregon Water Resources       
C/o Jennifer Ranstrom-Smith
725 Summer Street NE, Suite A
Salem, OR 97301

RE:        Klamath Compact Commission

Dear Mr. Byler,

The Siskiyou County Water Users (SCWUA) has received indirectly notice of the impending meeting of the Klamath Compact Commission set for June 18 in Klamath Falls.  We have a number of members who are thoroughly versed in the origination and legal nature of the Klamath Compact and as you probably are aware it was our State Senator, Mr. Randolph Collier representing Siskiyou County, who provided the leadership leading to the development of the Compact.  In fact one member of our Water Users Board is a descendent of a member of the Siskiyou Board of Supervisors who authorized the participation in the Compact.  In addition Mr. Frank Lathrop an advisor of Siskiyou County and Senator Collier served as the Secretary of the joint Compact Commission originating Board.

SCWUA also, as you may be aware, have been concerned and have raised the question with the Federal Energy Regulatory Commission regarding the role of the Klamath Compact in the Dam Retention process as well as the question of the Compact Clause of the U.S. Constitution and the Scenic Rivers Act and its application to the Klamath River.  Our group was responsible for placing “Measure G” on the ballot a few years ago in which the voting public overwhelmingly voted by nearly 80% to retain the Klamath Dams.  Siskiyou County clearly has a vested interest in the operation of the Klamath Compact as the County of Siskiyou Board of Supervisors was intimately involved in many aspects of the origination of the Compact itself.  In addition the County has nearly 60% of the frontage of the Klamath River running through it.

It is with this background that we feel compelled to ask the following questions regarding the calling of a Compact meeting evidently through the auspices of the Oregon Water Resources Board.

1.           What is your authority for calling a meeting of the Klamath Compact Commission?

2.           Could you provide us with a copy of the set of Rules and Regulations governing the Commission operations?

3.           Who is chairing the meeting? 

4.           Who is the Federal Representative and why is the meeting notice not signed by the Chairperson or on official Klamath Compact Commission letterhead.

 5.           Why is the California Water Resources Board not represented in the Notice?

6.           What are the steps that should be pursued to place a matter on the agenda at this or a future meeting? One such issue appropriately under the auspices of the commission is the quality of the water arriving in California from Oregon.

7.           Who is the Executive Director of the Commission charged with maintaining the Commission records and where are those records maintained for public inspection?

8.           What is the location of the Commission’s office?

9.           Why is a meeting being called with so little notice after a hiatus of more than ten years? It is our understanding that the last meeting of the Commission was in 2006.

We would appreciate your answers to the above questions.

Sincerely yours


Siskiyou County Water Users


Richard Marshall

Cc:         Congressman Doug La Malfa

              Siskiyou County Board of Supervisors

              Assemblyman Brian Dahle



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