Yurok Tribe v. U.S. Bureau of Reclamation

Background

The case concerns the Klamath Project’s effects on salmon in the Klamath River and endangered suckers in Upper Klamath Lake. The Yurok Tribe, Pacific Coast Federation of Fishermen’s Associations, and Institute for Fisheries Resources challenged the Bureau’s 2019-2024 Klamath Project Operations Plan and 2019 Biological Opinion.

Before the court ruled on the Tribe’s preliminary-injunction motion, the parties agreed to withdraw motions concerning that injunction and to have the Bureau operate under an Interim Plan. They also agreed to stay the litigation until September 2022, while allowing a party to seek lifting of the stay if the Bureau departed from the Interim Plan or violated the stipulation. The agreement generally prohibited requests for specific performance of the stipulation or Interim Plan, while preserving certain independent rights and obligations involving government-to-government consultation and tribal fishing and water rights.

The Interim Plan provided for a 40,000-acre-foot addition to the Environmental Water Account under specified Upper Klamath Lake supply conditions. It also allowed the Bureau flexibility in the timing and distribution of the water and required coordination with relevant agencies, PacifiCorp, experts, and affected tribes when lake levels or other conditions threatened endangered species.

Motion to Lift the Stay

The April 1, 2020 forecast indicated that the conditions for the 40,000-acre-foot addition had been met, and the Bureau added that amount for augmented May and June flows. The forecast later proved inaccurate, and Upper Klamath Lake levels fell below 4,142 feet. The Bureau and the Tribe used the Flow Accounting Scheduling Technical Advisory process and other discussions to address the changing conditions. The Tribe later agreed to reduce the augmented flows to 23,000 acre-feet, but the Bureau reduced the flows to minimum levels by May 14, 2020.

The Tribe argued that the Bureau violated the Interim Plan by treating its decisions as a “take-it-or-leave-it” choice, by ending augmented flows after allocating them based on the April forecast, and by failing to consult adequately. The Tribe also sought the remaining 16,000 acre-feet from the augmented irrigation allocation and 7,000 acre-feet for its annual Boat Dance.

The court rejected these arguments. First, the court concluded that the Interim Plan required the Bureau to reconsider and rearrange its water allocation after Upper Klamath Lake fell below the 4,142-foot trigger. Second, the record showed that some of the supplemental water had been released in April and May and that the Bureau did not end flow augmentation until May 14. Third, the court found that the record showed extensive negotiations and use of the consultation process, rather than a violation of the Interim Plan.

The court also rejected the Tribe’s argument that the Bureau was required to resume augmented flows in June. Although the Interim Plan did not expressly set June requirements in the same way as the April and May trigger, the court read the plan as requiring the Bureau to continue addressing the danger from low lake levels. The court found the Tribe’s arguments based on possible future rain, inflows, and reservoir water premature because the Tribe had not yet discussed those changed conditions with the Bureau.

The court further found that the requested relief could harm endangered suckers because water provided to the Klamath River could reduce water otherwise available to maintain Upper Klamath Lake levels. The Tribe did not show that the Bureau had abandoned its responsibilities, abused its discretion, or acted unreasonably under the circumstances.

Temporary Restraining Order and Disposition

A temporary restraining order is emergency court relief governed by Federal Rule of Civil Procedure 65. The court noted that such relief requires consideration of likely success, likely irreparable harm, the balance of hardships, and the public interest. Because the court denied the request to lift the stay and found no current violation of the Interim Plan, it denied the temporary restraining order as moot. The court also noted that the public interest favored denial because the requested water could threaten endangered suckers and because the consultation process agreed to by the parties served the public interest.

The court’s final order denied the Yurok Tribe’s motion to lift the stay and denied its motion for a temporary restraining order as moot.