winterwtruse scott v dec09

8/14/2019 WinterWtrUse Scott v Dec09

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Winter Water Use in the

Scott River Valley

December 2009

Produced by KlamBlog (www.KlamBlog.blogspot.com)

Principle Investigator: Felice Pace
http://www.klamblog.blogspot.com/http://www.klamblog.blogspot.com/


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The Klamath River Basin


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The Scott River Sub-basin


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The Scott River basin was once a stronghold for KlamathRiver anadromous fishes including Spring and Fall Chinook,Summer and Winter Steelhead, Coho and Pacific Lamprey


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increased dramatically in the Scott River Basin since the 1970s asfarmers converted from dry farming to irrigation and from growing wheat

to growing alfalfa. This graph by Robert Van Kirk shows irrigationwithdrawal over time. In 2009 rice was grown for the first time in Scott

Valley.


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By the end of the 1970s, Spring Chinook, Chum Salmon and SummerSteelhead were functionally extinct in the Scott River Basin. Coho are

close to extinct. Fall Chinook survive at depressed levels; WinterSteelhead are holding their own.


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The Shakleford-Mill Creek Watershed contains some of the bestspawning and rearing habitat for Coho Salmon remaining in the

Scott River Basin. This photo shows some of that habitat onDecember 25th 2009.


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On December 25th 2009 Coho Salmon could still not access primespawning grounds in Shakleford-Mill, Kidder, Etna and Patterson

Creeks. Some claim this is the result of drought. This photo shows themouth of Shakleford-Mill Creek on Christmas Day.


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As Shakleford-Mill Creek remained inaccessible to Coho due toinsufficient flow, many irrigation ditches in the watershed were running

full. The following pages show several of these ditches. This slide showsa ditch on the Tozier Ranch.


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Hayden Ranch Ditch in the Shakleford-Mill Watershed. The fieldbeyond the ditch is being flood irrigated.


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Emigrant Creek Ditch in the Shakleford-Mill Creek Watershed


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Emigrant Creek in Shakleford-Mill WatershedThis was formerly Coho habitat and could be again.

But all the waters in the ditch!


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The bed of Kidder Creek near Fort Jones on December 7th 2009.Kidder Creek once provided prime habitat for Coho Salmon. Nowin most years neither Chinook nor Coho Salmon can gain access.


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By December 25th Kidder Creek was running but flow appeared toolow for Coho to gain access. Note the prevalent granite sand. Thisis the result of clearcuts and poorly maintained logging roads on

steep, highly erodible and geologically unstable land .


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These are two of the three Kidder Creek Ditches that were runningfull on December 25th 2009.


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Etna Creek Ditch on December 25th 2009.This ditch runs full year around; Etna Creek is dewatered half of the year.


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Dewatered Patterson Creek at Eller Lane on Christmas Day 2009.Note the trampled banks and cattle tracks.


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Cattle feces in the bed of Patterson Creek. When flows finally come toScott Valley Streams, a flush of animal waste flows down to the KlamathRiver which has impaired water quality as a result of excessive nutrients.


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Hanson Ranch in the Scott River Valley part of the Scott ValleyIrrigation District. Is this livestock watering or flood irrigation?


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Moffet Creek near Ft. Jones. The land above was dry farmed untilthe 1970s. Groundwater pumping for irrigation has dewatered this

creek which once supported a good run of Steelhead trout.


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The Scott River Adjudication1980 Superior Court Decree

Page 8: Water allocated by direct diversion forirrigation use shall be for the season from about

April 1 to about October 15 of each year.

Page 9: To provide water at various places of usefor domestic and stockwatering purposes duringthe nonirrigation season from about October 15 to

about April 1, all claimants are entitled to divert asufficient amount of water in their priority class tooffset reasonable conveyance losses and todeliver 0.01 cfs at the place of use.


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The Scott River Adjudication1980 Superior Court Decree

Page 5: Nothing herein contained shall beconstrued to allot to any claimant a right towaste water, or to divert from the Scott River

stream system at any time a quantity of waterin excess of the amount reasonablynecessary for his beneficial use under areasonable method of use and a reasonablemethod of diversion, nor to permit him to

exercise his right in such a manner as tounreasonably impair the quality of the naturalflow.


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CALIFORNIA CONSTITUTIONARTICLE 10

The right to water or to the use or flow of water

in or from any natural stream or water course in

this State is and shall be limited to such wateras shall be reasonably required for the

beneficial use to be served, and such right does

not and shall not extend to the waste or

unreasonable use or unreasonable method ofuse or unreasonable method of diversion of

water.


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Coho Assessment in a portion of the

Scott River Valley ~ December 25, 2009

Miles of Stream inaccessible to Coho during the2009 spawning season as a result of agriculturalwater diversions (estimate):

Shakleford-Mill Creek ... 13-15 miles Kidder Creek .. 8-10 miles Patterson Creek . 5-7 miles

Etna Creek .. 6-8 miles

TOTAL STREAM MILES NOT ACCESSIBLE

TO COHOSALMON SPAWNERS AS A RESULT OFAGRICULTURAL DIVERSIONS:

33 to 41 miles

Number of diversion ditches running full on


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Number of diversion ditches running full on

in a portion of the Scott River Valley

December 25, 2009

Shakleford-Mill Creek Watershed 3

Kidder Creek Watershed .. 3

Etna Creek Watersheds 1

TOTAL full-on diversions observed . 7


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Water Trust or Public Trust?

The Scott River Water Trust is leasing waterfrom irrigators in an attempt to provide thewater Coho and Chinook Salmon need to

survive in the Scott River Basin. But theCalifornia Constitution, court decisions andthe Public Trust Doctrine tell us that irrigatorsmust allow enough water to pass their dams

and diversions to keep fish habitat below ingood condition. Does leasing water to whichthe fish already have a right make sense? Isthis practice sustainable?


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The Public Trust Doctrine

By natural law itself these things are

the common property of all: air,

running water, the sea, and with it theshores of the sea.

- Institutes of Justinian, Book II, c.1, s.1 (circa 530 AD)

For more on the Public Trust Doctrine seehttp://www.ourstreamsflow.org/documents/public_trust_doctrine.pdf

andhttp://www.bepress.com/ils/sax/


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The Scott River Valley was once a stronghold for CohoSalmon in the Klamath River Basin. It could be again

but that would require sharing the water.

Since 1986 an estimated 25 million dollars from taxpayers has


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Since 1986 an estimated 25 million dollars from taxpayers hasflowed to the Scott River Valley for plans and projects to

restore the watershed and salmon. Yet Scott River Chinookand Coho salmon continue to slide toward extinction.

What would Scott River Valley streams look like today if the


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What would Scott River Valley streams look like today if the$25 million from taxpayers had instead been used to

purchase winter stock watering rights from willing sellers andthat water had been returned to the streams?


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Is winter water use in the ScottRiver Valley reasonable?


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For More Information contactFelice Pace

707-482-0354 [email protected]

winterwtruse scott v dec09

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