"The court's ruling was mixed," said Glenn Spain, PCFFA Northwest Regional Director. "The judge agreed with the fishermen on all their legal points, but ruled against them on their request for emergency relief at this time. She instead deferred to the agencies to work details out in the still uncompleted National Marine Fisheries Service formal Biological Opinion on the Bureau of Reclamations' proposed 10 year water plan."

However, Spain added that this was only "the first round" in this battle and emphasized that fishermen "will continue to fight for a fair share of water for the survival of the lower river economy."

"The Bureau of Reclamation is trying to write off the lower river and coastal economy, but has forgotten that rivers also run to the sea," said Spain. "All we have ever asked is a fair share of the water. Lower river and coastal fishermen are just as entitled to make a living and to feed their families as farmers, but cannot do so unless enough water is left in the river so that fish can survive."

Spain noted that the lower Klamath River is receiving less water from the Bureau of Reclamation this year than last year, in spite of last year's record drought.

The ruling came at a critical time for juvenile salmon and steelhead migrating downriver, when high, cold flows are critical to getting the fish safely to salt water.

"The fish are facing a crisis," stated Troy Fletcher, executive director of the Yurok tribe. "The Bureau of Reclamation dropped the flows to 1300 cfs, less than half of flows of 2700 cfs that outmigrant coho salmon, chinook salmon and steelhead need."

Crews from the Yurok and Karuk tribes, the US Fish and Wildlife Service, the US Forest Service and the DFG have been rescuing stranded fish every day since May 1 from the river around Happy Camp to Iron Gate Dam. Fletcher could not give an exact number of fish stranded in the low flows, but emphasized that the number was in the "low thousands," including many coho salmon.

Because of the diversion of water for agribusiness that has resulted in salmon declines over the past decades, the tribe decided to only commercially fish for salmon for 4 out of the last 15 years. "Some years we can't even meet our ceremonial and subsistence needs," he noted.

The Karuk tribe supported the Yuroks and commercial fishermen in their efforts to restore flows. "The stranding of fish on the Klamath now may not seem that alarming to some, but the drop in flows has a large, cumulative effect on the fishery," said Leif Hillman, Director of Natural Resources for the Karuk tribe.

Recreational anglers also contested the decision as favoring Klamath Basin farmers over the fish and the tribes, commercial fishermen and recreational anglers that depend upon them.

"The court's decision will have a devastating effect on the river's salmon and steelhead populations," said John Beuttler on behalf of the California Sportfishing Protection Alliance. "Sufficient spring flows in the river are absolutely essential to ensure the successful migration of these young fish to the ocean. Unfortunately, the court's decision allows for flows that could make every year a drought year by not requiring the flows necessary for most of these fish to get to the sea. It's another clear example of why anglers need to support fishery conservation groups fighting for their fisheries."

On the other hand, timber and agribusiness-backed wise use advocates were very pleased with the court decision. "It was a sound ruling consistent with the Bureau's decision not to release water," said Russell C. Brooks, the attorney for the Pacific Legal Foundation. "The federal court ruling follows a report by the National Academy of Sciences that determined that shutting off water to farms was not backed by the best available science - and that releasing more water may actually harm fish at times."

The struggle to restore the Klamath and Trinity rivers has resulted in the formation of an unprecedented coalition of commercial fishermen, Indian tribes, recreational anglers and environmental groups, who may disagree on other issues, but agree over the need to restore flows to the Klamath-Trinity system.

"The Yurok, Hoopa nd Karuk tribes, commercial fishermen, recreational anglers and environmental groups are all on the same page on this issue," said Troy Fletcher. "It's terrible that after last year's decision by the Bush administration to put the fish first, the Bush administration has made a 180 degree turn in the opposite direction to support Klamath Basin farmers. The more that sportsmen support us on this issue, the better it will be for everybody."