Project Water Still Possible as Orrick Seeks More Information
/
Golden Hour over a hay field in the Klamath Project. (Joe Spendolini)
“I am inclined to issue an indicative ruling that modification on the injunction is necessary.”
So you saying there is a chance...
Judge Orrick, holds on ruling about water and requests more information in the form of a Supplemental Briefing before deciding on the Klamath River Water Issue between fish and farms.
But is it too little too late for the Klamath Project?
Orrick requests this information from both sides of no more than 10-pages ASAP, and no later than Thursday, April 26th.
In Orrick's request he states, "In the event that the POI rates weighted by abundance is the correct metric under the 2013 Biological Opinion and the lower figures presented by intervenors are accurate, I am inclined to issue an indicative ruling that modification on the injunction is necessary."
On April 11th, a hearing was held in Orrick's Federal Courtroom where new evidence was put forth stating the data from the 2013 Biological Opinion, the basis for the injunction ordered by Orrick last year, is flawed. (Courtroom Video)
"While we still have no decision, Judge Orrick is thoughtfully looking at the evidence. Hopefully our irrigators will be able to turn on this season - and soon," reads the Klamath Water Users Facebook Page.
"I am cautiously optimistic," says Mark Johnson, Deputy Director of the Klamath Water Users Association. I believe Judge Orrick understands the issues, but even with a decision in our favor, further delays water delivery."
Request for Supplemental Briefing
A copy of the Judges request is below.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
HOOPA VALLEY TRIBE, Plantiff
v.
NATIONAL MARINE FISHERIES SERVICE, ET AL, Defendants
Case No. 16-cv-04294-WHO
REQUEST FOR SUPPLEMENTAL BRIEFING
In their Motion for Relief from the Judgement and/or Stay of Enforcement [Hoopa Dkt. No. 139; Yurok Dkt. No. 101], defendant-intervenors Klamath Water Users Association, Sunnyside Irrigation District, Ben Duval, Klamath Drainage District, Klamath Irrigation District, and Pine Grove Irrigation District argue that the prevalence of infection (“POI”) rates underlying the permanent injunction issued on February 8,2017 and modified on March 24, 2017 are misleading. They suggest that the failure to weight the POI rates by abundance has skewed the 2014 and 201 rates (81 percent and 91 percent, respectively) upward, but weighed by abundance, they are far lower (18 percent and 29 percent) and in fact do not exceed the limits set in the 2013 Biological Option. Federal defendants have indicated that they agree that POI weighed by abundance is the more accurate metric. In evaluating this issue in reference to the 2013 Biological Option, it is not clear to me whether the 81 and 91 percent figures were measured consistently with the incidental take triggers (54 percent via histology or 49 percent via QPCR). I request supplemental briefing from the parties on this issue.
In the event that the POI rates weighed by abundance is the correct metric under the 2013 Biological Option and the lower figures presented by intervenors are accurate, I am inclined to issue an indicative ruling that modification of the injunction is necessary. Among the modifications would be a provision in the injunction that allows the parties to move in the district court to modify the injunction to the extent that there are new developments in the best available science or if certain conditions and hydrology require. I also welcome the parties’ thoughts on such a modification.
Given the time-sensitive nature of this case, I request that the parties submit supplemental briefing up to 10 pages as soon as possible, but no later than one week from the date of this order.
IT IS SO ORDERED.
Dated: April 19, 2018
William H. Orrick
United States District Judge
More to come as this develops.
Our series Basin Water is brought to you by, Ed Staub & Sons Petroleum, Inc., ACE Towing, Shasta Family Dental, Diamond S Meat Co., Diamond Home Improvement.