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Posted to KBC News 3/10/2023

Bureau of Indian Affairs payments to Dr. Thomas Hardy to create testimony for Klamath Basin Adjudication and to curtail water to Klamath Reclamation Project

1995/1996 - DoJ establishes interagency agreement with BIA AG6K000029 to support claims for Yurok

"potential legal proceedings which affect their fishery and associated water rights...with regard to the

development and implementation of the Klamath Project Operations Plan...to assure that future use

and development of tribal fishery."

1996, November 29 - Scott Bergstrom (Attorney for Division of Indian Affairs) provides a statement of

work to Dr. Hardy's Watershed Systems Group, Inc to :investigate, evaluate, and analyze [tribal] fishery

needs. The investigation of the water supply is necessary for the purpose of determining the source,

quantity, and variability of the water resource on the Indian Trust land related to the Klamath Project

Operations Plan."

1996, December 31st - $25,000 to Dr. Hardy for expert testimony for U.S. in Klamath Tribes vs U.S. No


1997, February 10 - Dr. Hardy review of the Klamath River Basin Fisheries is discussed in Task 1

"Develop Water Quantity Model Objectives", Task 2 "Water Quantity Study Design, Task 5 "Develop a

Water Quantity Model for the Klamath River"

Timeline Continued

1997, February 12 - Allegations the Klamath River Flow Study was a tribal trust responsibility of USFWS

1997, April 23-24 - Klamath River Basin Fisheries Task Force meets with Hardy. Initiates flow study for


1997, May 6 Coho listed as threatened

1997, September - Hardy provided testimony for DOJ in Klamath Tribes vs US NO 96-381

1997, September - $15,608 to Hardy for Expert Testimony in Klamath Basin Adjudication for BIA 1997 -

Hardy preparing PH I report for Klamath River Basin Fisheries Task Force

1998, August 19 - $79,997 to Hardy for Klamath Basin Adjudication on behalf of BIA

1998, October 15 - Bob Anderson (DOI Solicitor) and Dr. Hardy provide interaction with BIA activity

with Klamath River Basin Fisheries Task Force. Anderson communication with OWRD.

1999, February 3 - $550,860 to Hardy for Klamath Basin Adjudication on behalf of BIA

1999, August 5 - Hardy PH 1 Study Published for Klamath River Basin Fisheries Task Force

1999, September 13 - $115,000 to Hardy for Klamath Basin Adjudication on behalf of BIA

2000, February 3 - Scott Bergstrom (now DOI solicitor) requests payment to Hardy to continue BIA work

2000, February 18 - $550,860 to Hardy for Klamath Basin Adjudication on behalf of BIA

2000, October 1 - Upper Klamath Lake above average lake level

2000, October 29 - $286,694 to Hardy for Klamath Basin Adjudication on behalf of BIA

2000, October 29 - $5,200 to Hardy to Expert Testimony to curtail Klamath Project Water for DOJ 2001,

April - Upper Klamath Lake at almost full pool (no additional storage available)

2001, April - Klamath Project Curtailed (no water to farmers)

2001, October - Draft Hardy PH II circulated

2001-2011 - Severe Criticism of Hardy Flow Studies by National Academy of Sciences and others

2013 - ACFFOD Published

2013 May - Richard Whitman (Oregon State appointee under Kitzhaber) and Tom Paul (OWRD)

negotiate a MOU with the Yurok to not enforce the ACFFOD

2021/2022 - Yurok - Hardy Studies are the "best available science"



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