Settlement Agreements

Parties signed the original Klamath Hydroelectric Settlement Agreement in 2010. The KHSA details the removal of four PacifiCorp hydroelectric dams: Iron Gate, Copco No. 1, Copco No. 2, and J.C. Boyle. The 2010 agreement was linked to the KBRA, an agreement to guide restoration and resolve resource conflicts in the Klamath Basin (see below). After the KBRA expired, parties signed an amended KHSA in April 2016. This new agreement provides for decommissioning the hydroelectric dams through the traditional Federal Energy Regulatory Commission (FERC) approval process.

Parties signed the Klamath Power and Facilities Agreement in April 2016. Distinct from the KHSA, the KPFA addresses the continued operations of other PacifiCorp facilities that will be transferred to Bureau of Reclamation. The agreement also commits parties to protect Klamath Basin irrigators from financial and regulatory burdens associated with fish returning to the Upper Klamath Basin and also commits parties to continue efforts to resolve water disputes.

Parties signed the Klamath Basin Restoration Agreement in conjunction with the KHSA in 2010. The KBRA was designed to balance water use between environment and agriculture, fund fisheries restoration, improve irrigation infrastructure, and provide economic development programs for local communities. It also provided funding for the UKBCA (see below). The KBRA expired in 2015 due to inaction in the U.S. Congress.

The Upper Klamath Basin Comprehensive Agreement, signed by parties in 2014, was designed to resolve competing water claims in the Upper Basin, by balancing environmental flows and certainty for irrigated agriculture. It provided for habitat restoration programs as a mechanism for landowners to receive permits under the Endangered Species Act and created economic development opportunities for the Klamath Tribes. The agreement is no longer active due to lack of funding, a result of the KBRA’s expiration.