A
Klamath County court case that could affect both
endangered Lost River and shortnose sucker and the
outcome of the irrigation season in the Klamath Basin
has been moved from San Francisco to Portland, with a
hearing date yet to be determined.
Klamath Water Users Association, Sunnyside Irrigation
District and Ben Duval are defendant intervenors in the
case brought by Klamath Tribes against the Bureau of
Reclamation, U.S. Fish & Wildlife, and National Marine
Fisheries Service (NMFS).
The Klamath Tribes is asking, through a court
injunction, that Reclamation, U.S. Fish & Wildlife, and
NMFS better manage levels and water quality in Upper
Klamath Lake.
Judge Michael W. Mosman will preside over the case at
Mark O. Hatfield U.S. Courthouse in Portland, a case
that was previously presided over by Judge William H.
Orrick.
“While venue may be proper in the Northern District of
California, it is more appropriate in the United States
District Court for the District of Oregon: the Klamath
Tribes are headquartered there, the sucker fish are
there, the Upper Klamath Lake is there, and the Bureau
and the FWS have offices there,” said Orrick in a July
26 ruling.
“I
will let the transferee court address the pleadings as
it will.”
Mosman, a native of Eugene, was nominated to his current
position by former President George W. Bush in May 2003,
and confirmed by the Senate later that fall. He’s served
as chief judge of U.S. District Court in Portland since
2016.
Mosman also has served as judge of the Foreign
Intelligence Surveillance Court since 2013, and started
as judge in Alien Terrorist Removal Court starting this
year.
Scott White, executive director of Klamath Water Users
Association, commented that he is hopeful the court
transfer likely means agriculture producers can finish
out the irrigation season.
“I
can’t imagine that this is going to have a conference
and get scheduled before the end of the season and on
top of that, have a ruling, regardless of outcome,”
White said on Tuesday.
“We still have time to finish the season out, which is a
really big deal for the growers here who have had
thousands of dollars in the ground already, and are just
looking to bring those crops to harvest,” White added.
“We’re concerned about the health of the fish as well,
and we want to protect what’s in the best interest of
everybody.”
Don Gentry, chairman of the Klamath Tribes, reiterated
the Tribes will be prepared for the case regardless of
the venue.
“I
believe that we’ll be prepared to move forward with the
court,” Gentry said.
