A magistrate judge in Oregon recently ruled in favor of Klamath Tribes, finding the Bureau of Reclamation violated the Endangered Species Act by misallocating water supplies from the Upper Klamath Lake, harming aquatic species.
“Even if the precise number of suckers taken is difficult to determine, it is beyond question that the suckers’ spawning behaviors have been impaired,” U.S. Magistrate Judge Mark D. Clarke wrote in his ruling.
The Klamath Water Users Association (KWUA) intervened in the case, arguing the Tribes did not have evidence of fish take.
“The tribes need not literally bring a dead fish before this court to show that Reclamation’s operation of the Klamath project under the 2022 (temporary operating procedures) has harmed the suckers. As such, KWUA’s argument is unavailing,” Clarke continued.
The case now moves to a federal court, which will make a final ruling.
