A bill to protect Klamath Basin irrigators from being charged for dam removals and species restoration, as well as maintenance and upgrade costs from two dams that remain, was signed by President Joe Biden Jan. 4.

“I am very pleased to report that H.R. 7938 is now the law of the land. This bill directs the Bureau of Reclamation to operate the Link River and Keno dams consistent with existing contracts and without imposing any costs associated with these dams upon the water users,” said Rep. Cliff Bentz, R-Ore., who authored House Resolution 7938.

“This law is the ratification of agreements made some 15 years ago which until now were not enforceable,” added Bentz, in a news release.

The House bill had broad bipartisan support and passed Dec. 17. Companion legislation introduced by Sens. Ron Wyden and Jeff Merkley, both D-Ore., was unanimously approved Dec. 19.

“I have heard from countless Oregonians in my town halls across Southern Oregon who are struggling to make ends meet as the Klamath Basin is crushed by severe drought,” Wyden said.

“This bill delivers on the promises we have made to ensure the Klamath Basin’s economy can thrive for generations to come while protecting and restoring endangered fish habitats,” he said, in a December news release.

Legislation details

Under the legislation, federal agencies would not be allowed to pass on the costs of operating or maintaining Keno and Link River dams, infrastructure built and formerly operated by PacifiCorp.

While four hydroelectric dams on the Klamath River were removed this year, Keno and Link River dams will remain in place upstream.

The legislation also will ensure that upstream migration of salmon and steelhead, resulting from dam removals, won’t impose new regulatory burdens. It provides a mechanism for the U.S. Bureau of Reclamation to install and pay for measures such as fish screens that may now be needed on irrigation diversions.

The bill also provides that the Secretary of the Interior may enter into agreements with the Tulelake Irrigation District for not more than 69% of the cost incurred by the district for the operation and maintenance of Pumping Plant D. This facility provides considerable public benefits, including to two national wildlife refuges.

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