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|Articles - June 2014|
|Thursday, May 29, 2014|
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BY JENNIFER MARGULIS | PHOTOS BY EZRA MARCOS
Don Gentry tried not to breathe. A sudden algae bloom in Agency Lake in 1995 was killing hundreds of fish, and Gentry, who was working for the Klamath Tribes Natural Resource Department, was on the deck of a fiberglass Boston Whaler, tasked with the unpleasant job of collecting dead fish to identify which species had died at what age. When algae grows quickly over the top of a lake on a hot summer day, the drastic change in pH of the water and the lack of available oxygen can be lethal to fish.
Gentry motored through the bright green water, the acrid smell of rotting sewage and decaying fish turning his stomach. The Klamath Tribes Natural Resources Department and the U.S. Fish and Wildlife Service were tracking Lost River suckers (“c’waam” in Klamath) and shortnose suckers (“qapdo”), both native to Southern Oregon and Northern California, and both historic staples of the Klamath and Modoc tribes. The shortnose sucker was already on the federal government’s list of endangered species. In 2001 the Lost River sucker would be added to that list.
“My dad taught me how to catch these fish,” Gentry, 59 years old now and the chairman of the Klamath Tribe, says matter of factly. He remembers feeling angry as he looked at the dead fish, some of which weighed 20 pounds, bobbing belly up in the water that day. “Sharing the catch with elders is a big part of our lifestyle.”
Gentry, who represents 4,600 registered members of the Klamath Tribes, is a key player in brokering the latest agreement between those with vested interests in the Klamath Basin’s water, which has been under intense negotiation for the past eight months. The Upper Klamath Basin Comprehensive Agreement defines the means to achieve water savings described in a previous landmark agreement, the Klamath Basin Restoration Agreement (KBRA), and would be largely funded by the KBRA. These agreements in turn are linked to the Klamath Hydroelectric Settlement Agreement (KHSA), which specifies means to remove the lower four Klamath dams. The KBRA and KHSA were signed by more than 45 Klamath stakeholders (ranchers, agriculturalists, wildlife protection groups, water conservationists and other businesses on both sides of the state border) four years ago, although legislation required to implement the agreements has yet to be passed.
The history of water rights, as well as the degradation of the Klamath Basin and who is responsible for cleaning it up, is mind-bogglingly complicated and filled with contention. Still, the issue of degraded rivers, fish die-offs, and the need for water for cattle, farming, and wildlife rehabilitation all boils down to one simple truth: Too many people in Southern Oregon and Northern California have too great a need for too little water.
Completed in March, the Upper Klamath agreement describes how to best allocate the water in the Upper Basin to each of the stakeholders. Gentry thinks the arrangement reached provides a balanced use of water for both fisheries and agriculture. The biggest change, he says, is that the actual amount of water in the Basin at any given time, which changes from year to year, will be taken into consideration when water is allocated. The Klamath Tribes are interested in solving the immediate problems but also looking toward the future, hoping to clean up the Klamath enough to get salmon back and undo years of riparian damage. (The Klamath River was once the third most productive salmon river in the United States, but damming and habitat destruction decimated their populations.)
Gentry believes you can’t understand the complexity of the problems with who has what right to how much water in the Klamath Basin without going back to the early 1950s, when the United States government terminated its relationship with the Klamath Tribes — among the wealthiest and best organized in the nation — through an Act of Congress that was overturned some 30 years later. Though treaty agreements initially affirmed the Klamath’s seniority over water rights (since “time immemorial”), tribal termination set the scene for decades of fighting. This new agreement stipulates: 30,000 acre-feet of water must be added each year into the streams that are tributaries to Upper Klamath Lake (which will help protect the tribes’ fishing interests and aquatic wildlife); a riparian restoration project; and a $40 million economic development fund for the Klamath Tribes.
Thursday, June 26, 2014
BY ERIC FRUTS | OB BLOGGER
Last year, the housing market in Oregon—and the U.S. as a whole—was blasting off. The Case-Shiller index of home prices ended the year 13% higher than at the beginning of the year. But, was last year a blip, or a trend?
Friday, June 06, 2014
BY KATIE AUSBURGER | OB GUEST CONTRIBUTOR
How to build a hipster-friendly work environment.
Monday, July 14, 2014
BY TERRY "STARBUCKER" ST. MARIE
I really didn’t know that much about angel investing, but I did know a lot about the entrepreneurial spirit.
Thursday, July 24, 2014
BY CLIFF HOCKLEY | OB GUEST CONTRIBUTOR
With the increasing retirements of Baby Boomers, a massive real estate shift has created a significant increase in demand for NNN properties. The result? Increased demand has triggered higher prices and lower yields.
Friday, June 13, 2014
BY CLIFF HOCKLEY | OB GUEST BLOGGER
This article summarizes the key considerations a building owner must keep in mind when thinking about leasing to a medical marijuana dispensary.
Friday, July 18, 2014
BY JASON NORRIS | OB GUEST CONTRIBUTOR
Back in May, we shared a common Wall Street quote about investing, “Sell in May and go away.” Fast forward to July and the most common question we have been getting from clients is, “When is the market pullback going to occur?”
Thursday, June 19, 2014
BY MONICA ENAND | GUEST CONTRIBUTOR
Nine tips for building habits among employees to respond when needed.
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Vigilant enters a New Year with a new president.
How George Fox has become one of Oregon's largest private universities.
Forest Grove sees growth in the burgeoning food and beverage scene.
Lane Powell Shareholder Susan K. Eggum has been elected as vice chair of programs and projects for the International Association of Defense Counsel’s (IADC’s) Employment Law Committee.
Geffen Mesher is saddened to announce the passing of long-time shareholder, Tom “Mike” Anderson, who died on July 10, 2014, from liver disease diagnosed after recent heart surgery. He was 55 years old.
Fifteen Lane Powell attorneys have been named 2014 “Oregon Super Lawyers,” and another five attorneys have been named as “Oregon Rising Stars” by Super Lawyers magazine.