-Caveat Lector-

Support for Klamath Farmers Grows
By John Carty
CNSNews.com Correspondent
July 11, 2001

An on-line petition drive to support the farmers of Oregon's Klamath Basin in
their battle to regain water rights that the federal government stripped away
in order to protect "endangered" and "threatened" species of fish, now has
more than 3,700 signatures.

The Klamath Water Users Association, which is responsible for the "Klamath
Basin Crisis" website, introduced the petition which urges "immediate action"
to reverse a decision that the group claims "interferes with [the farmers']
God-given rights to life, liberty and the pursuit of happiness."

The controvery revolves around the Endangered Species Act. The Klamath Basin
has been found to be the home of sucker fish and the Coho salmon, which are
listed as "endangered" and "threatened" species, respectively. The basin also
supplies water to over 210,000 acres of farmland, which were included in a
government deal called the "Klamath Project.." One thousand, four hundred
families depend on this farmland for their livelihood.

The irrigation gates at Klamath Lake have been closed since April 7th,
shutting off the flow of water to the farmland. Furthermore, the farmers have
been offered no restitution for their resulting losses, depite a ruling
earlier this year in the U.S. Court of Federal Claims which stated that the
government must compensate property owners if the government takes away their
water sources to protect endangered fish.

The Klamath Water Users Association finds the actions of the government to be
"reprehensible and intolerable." In its petition, addressed to political
leaders ranging from the Klamath County Sheriff and Commissioners to
President Bush and the U.S. Congress, the association calls for "all federal
government agencies to immediately cease and desist" from any activities that
are denying the farmers their water rights.

These rights were granted to the farmers in 1902 under the Reclamation Act,
in which Oregon and California ceded areas of the Klamath Basin to the
federal government so they could refurbish the land in an effort to promote
homesteading. Under the provisions of the act, "all unappropriated water use
rights in the basin" were to go to the Klamath Project. The United States
Bureau of Reclamation has since rescinded those rights on the grounds of
protecting the fish.

Because the farmers do not actually own the Klamath Basin but rather were
only granted rights to its use, the law of eminent domain, which states that
landowners must be compensated with the fair-market value for any land taken
by the government for the public good, does not apply. Nevertheless, the
farmers say they have been cheated.

They call the Endangered Species Act, "an unconstitutional encumbrance on the
lives of local citizens all over this nation." Their petition claims that the
act is used frivolously to deprive citizens of their lawful property rights,
in "violation of limits on federal government powers as described in the
Ninth and Tenth Amendments to the United States Constitution."

In addition to the restoration of its water rights, the association is
calling for monetary "relief and assistance" from Congress and the cutting
off of funding for the Endangered Species Act.

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