BIA/Thomas B. Hardy Science

Dr. Thomas B. Hardy was contracted by the Department of Justice to establish Indian water rights to be an expert witness for (and paid for by) the Bureau of Indian Affairs (BIA) in the Klamath River adjudication process.  The BIA authorized Hardy in his 2000 contract $550,086. He worked with the Klamath River Basin Fisheries Task Force Technical Work Group. He used tribal biology paid for by individual tribes. Dr. Hardy wrote the studies that are currently regulating the Klamath Project water management. From his studies, biological opinions were formed. Irrigators and their scientists were not allowed at the table.

It was a draft opinion that shut down the Klamath Project in 2001.

The Department of the Interior brought in the National Research Council to peer review the 'opinion.' They found that the fish die-off of 2002 could not be attributed to the Klamath Project.  They found that there was substantial science available and that lake level and river flow management would not help 'endangered' coho or sucker fish.
NRC final report and related articles October 2003

The following are more facts regarding the Hardy studies, the Hardy process, and the flaws in the 'science'.

Klamath Watershed in Perspective A review of historical hydrology of major features of the Klamath River Watershed and evaluation of Hardy Iron Gate Flow requirements. By Dr. K.A. Rykbost, Superintendent, Klamath Experiment Station, Oregon State University, and R. Todd, Klamath County Extension Office, Oregon State University. HERE for Dr. Rykbost biography.

Vogel addresses flawed Hardy Flows in Salmon Rearing Habitats in the Main Stem Klamath River.  Key concerns outlined in the report: GO HERE for summary and report. 12/12/03

HERE for Vogel Biography

Hardy Fact Sheet by KWUA: The Hardy Phase II DRAFT Report Is Not a Recipe for Preventing Fish Die-Off and it Still Does Not Represent the Best Available Science on Klamath River Flows.1/06/04

Recent Findings on DRAFT Hardy Phase II Report Made by Dave Vogel, Fisheries Biologist April 2003

The process leading to the draft Hardy Phase II report was severely constrained and flawed by exclusion of other expertise, stakeholders, and knowledgeable individuals. Includes quotes from BIA, CDFG, more. April 2003

Dr. T. B. Hardy vs Dave Vogel, Wildlife Biologist, The Water Report: Klamath Basin Science 1/15/05

ARTICLES and Letters:

5/23/08, Dr. Thomas Hardy support for the KBRA, posted to KBC 3/7/09. Discusses evaporation, retiring farmland, and limiting groundwater pumping.

Klamath Report: This has all the reports and filings pertaining to Hardy Phase II and Reclamation review, posted to KBC 10/17/06.

Klamath Irrigators slammed by court with science bought and paid for,  57 per cent of farmer's water isn't enough; Klamath farmers are devastated by appeals court ruling, Klamath Courier posted to KBC 10/29/05 "Dr. Thomas B. Hardy is the person who was contracted by the Department of Justice (DOJ) to establish Indian water rights and to be an expert witness for (and paid for by) the Bureau of Indian Affairs (BIA) in the Klamath River water adjudication process...The NMFS officials, who wrote the Biological Opinion, chose to discard the National Research Council's conclusions and adopt the Hardy ‘science’. ."

Klamath Report Questioned,  Siskiyou Daily News 8/6/04 summarizes  some of the flaws in the DFG and draft Hardy reports.

Klamath County Commissioner Steve West brings common sense, and Dr. Ken Rykbost shares Hardy flaws with Fishery group in Yreka, KBC report 11/9/03.