WASHINGTON, D.C. – Congressman Cliff Bentz’s bill, H.R. 7938, designed to protect Klamath Basin water users from being charged for maintenance and upgrade costs attributable to the Link River or Keno dams, was passed out of the House on December 17th, passed the Senate on December 19th, and on Saturday, January 4th, President Biden signed it.
“I am very pleased to report that H.R. 7938 is now the law of the land” said Congressman Bentz. “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. This law is the ratification of agreements made some 15 years ago which until now were not enforceable.”
The urgency of H.R. 7938 comes because the removal of four hydroelectric dams on the Klamath River, completed this year, introduced new legal risks for farmers and ranchers—risks unrelated to their actions. These four dams, which had historically provided affordable, renewable energy for over a century, were removed after prolonged regulatory and legal battles. The Keno and Link River Dams were especially burdened by costly need for fish passage and dam maintenance.
The legislation ensures that promises made to Klamath Project irrigators during the dam removal process are upheld, particularly regarding the Bureau of Reclamation’s complete assumption of responsibility for remaining water infrastructure. Congressman Bentz emphasized that these promises must be kept, highlighting the Bureau’s responsibility given its ownership of the Link River and Keno Dams and the potential regulatory impacts of returning fish species to the region.
In addition to these protections extended to the thousands of Klamath Project Water users, the bill also authorizes the Secretary of the Interior to undertake certain studies and install infrastructure such as fish screens that may now be needed on irrigation diversions as a result of upstream migrations of fish resulting from removal of the downstream hydroelectric dams. These and other measures are directed to reduce conflicts over water in the Basin. Finally, the bill provides that the Secretary 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.
The passage of this legislation is a just result for farmers and ranchers who have sustained Klamath communities for the past century.
“I also thank Chairman Bruce Westerman for his support in the Natural Resources Committee; Water, Wildlife, Fisheries sub-committee staff leader Annick Miller for her excellent and irreplaceable work in moving the bill forward; attorney Paul Simmons for his invaluable efforts in drafting and then helping with amendments to the bill, Klamath Basin farmer Tracy Liskey for traveling to Washington, D.C. to testify in support of the bill, and Subcommittee Ranking Member Jared Huffman and Senator Ron Wyden for their support in moving the bill through the House and Senate.”
To read the Bill text, here.