On Saturday, July 17, the House Subcommittee on Water and Power of the Committee on Resources held a field hearing in Klamath Falls to gather testimony on proposed changes to the Endangered Species Act (ESA), and take information about the Klamath Irrigation Project, at the request of Greg Walden (R) Oregon.

A week earlier, a Bend, Oregon, newspaper quoted Walden as saying, "The ESA is desperately in need of a peer review process for the science utilized in critical federal decisions, much like the provisions in the Sound Sciences for Endangered Species Planning Act which I have introduced in the Congress."

Of the seventeen House members belonging to the subcommittee, only three, Ken Calvert (Chair), George Radanovich and Walden, showed up. The three Republicans invited, as a courtesy, fellow Republicans Wally Herger and John Doolittle whose districts touch the Klamath watershed. In Doolittle's case about 10 square miles of Modoc County. I could not find out if Congressman Thompson, a Democrat whose district includes large areas of the Klamath Basin, was invited.

When the witness list was first announced, in early July, tribal interests were not represented. The press got wind of the oversight, and Allan Foreman (Klamath) and Troy Fletcher (Yurok) were added to the witness list.

By the end of last week, Walden's proposed study of the "ESA in depth" at the hearing was nothing more than a thinly veiled attempt to completely control the hearing agenda and the testimony witnesses would be allowed to have entered into the hearing record.

Saturday morning, as the sun came into view over the Eastern horizon, thunder and lightning accented the light rain falling on Klamath Falls. Demonstrators and hearing attendees began assembling around 7 AM: The farmers and ranchers on one side of town, and the Indian tribes and conservationists on the other. Squads of black jump suited police could be seen filtering in and out of the alleys between throughout the downtown area.

The farmers and ranchers, escorted by police, were the first to arrive at the Ragland Theater, where the hearing was to be held. The sidewalk in front of theater turned into a conservative political rally, complete with a PA system and a 4H color guard, where a seemingly endless line of Farm Bureau presidents, water district lawyers and agricultural scientists enthusiastically condemned the ESA as an act that has "not saved species, or protected the people." The farmers believe they have full rights to water given to them by the Government when the water district was set up. Upper Basin farmers to a man believe "their" water cannot be taken for any reason. Tribal water rights supersede Klamath Project rights and were recognized by Congress in the 1870's.

The Tribes, escorted by motorcycle and bicycle police slowly made their way toward the theater chanting "Honor the Treaties" and "Return our Fish."

Mutual apprehension was palpable when the 300 or so tribal members and conservationists marched up to the theater and the 400 or so ranchers and farmers. The situation was tense! Klamath Falls is a small community and this was a huge turnout. It was obvious everyone knew someone on the other side of the line. The large numbers of children present on both sides seemed to keep tempers in check. At no time did I feel the situation was going to get out of control. Neither side would stand for it. It was the most amicable riot I ever witnessed.

Troy Fletcher, Executive Director of the Yurok Tribe was allowed to use the PA to address the crowd. He declared, "If the United States honors its treaty obligations with the tribes, the ESA is not an issue. The Tribes refuse to get mired down in an argument about an act the United States has used as an excuse not to honor its obligations."

The formidable local security detachment, if the shoulder patches were to be believed, was able to usher the crowd and press through airport type security in about 45 minutes and the hearing started as scheduled at 9AM.

The five-minute rule was invoked for the entire hearing. The congressmen were each given 5 minutes to introduce themselves. Congressman Walton as the host representative got the crowd riled up by asking for a show of hands of those affected by the 2001 water shut down. Hundreds of hands shot up as someone yelled, "How many here were affected by the fish kill?"

Chairman Calvert immediately interjected condescendingly, "This is official government business and these outbreaks will not be tolerated!"

Wally Herger was next up and preached to the choir with a letter from Blake, an 8 year old obviously written by his parents or the Farm Bureau, "I want to be a farmer". Wally has been using this letter for advancing his cause for over a year because he is obviously incapable of more intelligent argument to advance his positions.

Then in a more hopeful introduction, Doolitle stated, "We need to find a solution which meets the needs of ALL the stakeholders." The crowd cheered

Then the parade of handpicked witnesses began.

First on tap was Ed Karmon, granted one of 40 GI homesteads after World War Two. He was personally invited by Wally Herger and lives in Tule Lake, CA. He declared "The ESA is being used as a tool to destroy rural America." He introduced one of his "Illegal" farm hands who started working for him in 1972 and eventually was able to buy a farm, become a citizen and have five children, all US citizens. Typical of Herger arranged antics, this gentleman was capable of crying while telling his tale of being forced into bankruptcy (because of the 2001 water shut-off) while one of his sons is serving in Iraq. I only bother to mention this as background to further theatrics (i.e. Doolittle's outbreak).

Dave Vogel, Fisheries Biologist for the Klamath Growers Water Project, tried to explain how the suckers were prospering and all the numbers the ESA were using were flawed because the Fish & Wildlife Service had to use "educated judgement" in making decisions without data. The proposed changes in the ESA would require AG shutoffs provide the burden of proof in data-poor situations. He also reiterated the Upper Basin water district was not in anyway responsible for the coho's predicament.

Another cheer and applause shot up from the crowd.

Next was Troy Fletcher from the Yurok Tribe. In addition to his previous statement Troy said the bias for decisions had to be made in favor to the fisheries. He also stated the need for a "Basin wide" approach to fix the problems but warned, "The status quo cannot continue."

This statement elicited a round of cheers followed by a round of boos. Chairman Calvert warned the audience he was going to have them removed, Which side wasn't evident. However, it was clear at this point; if you were a farmer you could boisterously demonstrate; if you were anyone else, you would be escorted out!

Jim Smith, Humboldt County Supervisor was allowed to state Humbolt County had 50,000 acre feet of water. That was the last he was heard from.

For some reason County Commissioner Ralph Brown from Curry County, Oregon was seated on the panel. Curry County is not in the Klamath Basin. But, Ralph is a retired commercial fisherman and went to great lengths to discredit the Pacific Coast Federation Of Fishermen's Associations, a commercial fishing organization actively involved with Klamath River Basin fishery issues and for that received raucous applause. Everyone but the Congressmen knew who the PCFFA is!

The most contentious witness was Dr. Lee Lewis, University of Colorado, who presided over the National Resource Committee 2001 report. His testimony focused on agency bias for making decisions and how does an agency respond when new scientific data arrives on the scene. Dr. Lewis was the star of the show but scientific data disputing the NRC report was only allowed by written testimony. No testimony was allowed by other members of the NRC panel who have publicly stated their conclusions would have been different if the Bush Administration had not withheld pertinent information for consideration in the report.

The last up was Curt Rodgers from the BLM. He stated river flows in the Upper Basin were not adjudicated and are undergoing the process in Oregon currently. Water rights in California are independent but we will not have a baseline until the Oregon adjudication process is completed. (don't hold you breath) "There are established priorities and peer review should be applied vigorously where appropriate." Tell that to a basin farmer or a river guide.

After a whole 45 minutes of testimony, the politicos had the cameras. Walley used his five minutes to extort the value of testimony of an eight year old and a bankrupt farmer. Wally did, however raise the question of the viability of a water bank. "It is not conceivable we can obtain 1000 acre/feet through buyouts."

Fortunately, Wally is seen as pariah even with his Republican peers on the issue... According to Wendell Wood, of the Oregon Natural Resources Council, "There are more water rights for sale than there is money."

Doolittle stated in a dressing down of Curt Rodgers of the BLM "There is no way you are going to get 100,000 acre feet through buyout." Curt didn't even have time to respond before Walden asked for a show of hands; "Would more water help the situation?" He demanded each panel member respond with a simple yes or no. Kind of like asking if the Titanic will sink if there is a big enough hole in the boat. By this time, Calvert had lost control of the crowd. Doolittle had been trying his best to get Lewis and/or Rodgers to admit the NRC or the Fish and Wildlife Service had screwed up in the 2001 irrigation shutdown. Both had their bureaucratic ts crossed.

At this point Doolittle, with about 10 square miles of his district In the Klamath Drainage, tore off on this rampage about how inept USFW was and even called the Northwest Director Rodgers, Mister, an obvious affront. His barrage for the benefit of the TV cameras continued. "We cannot allow another farmer, like this poor man here, to be put out of business by these ridiculous government regulations!"

By this time Chairman Calvert couldn't get through the closing statements fast enough and the meeting was adjourned.

A couple of additional points need to be recognized. All witnesses would approve of scientific peer review if it was conducted by the National Resource Council. Very large questions loomed about who was making the inquiries, what questions would be asked of the panel by whom, and the independence of the NRC. (another hand show question from Walden)

There was a very short discussion among the Congressmen about a basin wide approach to solving problems.

And just to put things in perspective:

"The Klamath Tribes have been working for more than a year with the Bush Administration, and in particular with the Secretary of the Interior as chair of the President's working group on Klamath Basin Resource matters, to seek solutions for the whole community. In Early 2004, with the support and participation of the Bush Administration and other Basin water interests, a water balance was identified that would have reduced conflicts and set the stage for restoration of tribal resources, all without unduly reducing agricultural production by Klamath Basin Irrigators.

Unfortunately, this resolution was turned down, not by the tribes, but by agricultural interests. Now regrettably, the Klamath issues are no longer the focus of an effective settlement for all people in the Basin. Instead, they have become the centerpiece of a national debate about weakening the protection of endangered species when, in fact, the issues could have been - and still can be - resolved in a way that protects fisheries and provides Basin agriculture with a stable water supply." Allen Foreman, Chairman, The Klamath Tribes.

And for the Mel Brooks' twist:

You have a bunch of Republican Congressmen running for reelection.

The Tribes were not invited; they crashed the party and then refused to play by the rules by choosing not to address the issues of the hearing. They beat the pros at their own game.

Calvert was so pissed off (at the tribes) he couldn't contain himself. He owes the Tribes an apology for being a racist, or to put a better spin on things, allowing the hearing to get out of control.

Oregon is a swing state with two Congressmen; Walden represents everyone east of the Cascades. Although he obviously displayed the ability to think on his feet, his eyes rolled every time Walley Herger brought out another one of his ponies. The loss of control by the chair may hurt his reelection chances. This hearing backfired on him! His is not a safe seat.

I have been involved in politics since the late 1960's and since that time I have never seen such an incompetent Congressman as Herger. His lack of understanding and inability to define issues is inexcusable! Having said that, his ability to relate to his electorate, which has reelected him numerous times, can only speak to their "Wise Use".

John Doolittle got his soundbite… Woof woof...

Radanovich was smart enough to keep his mouth shut.

The Democrats owe us all an apology for not showing up and publicly displaying their lack of understanding of Klamath Basin Issues.

That no show is the greatest parody of all.

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