Thanks to all of you who are supporting the effort to battle against an overreaching bureaucratic government intent on enforcing its will over the People. Our battle with your help continues!! Today the 11th day of August Mr. Intiso and Oregon Senator Dennis Linthicum will have the first hearing on the Motion for Temporary Restraining Order and Preliminary Injunction on the Complaint filed in the Federal District Court in Medford Oregon.

The Plaintiffs are appearing Pro Se to Demand the Federal Government must follow the law, that they are not exempt from their own statutes. In this case the proposed removal, which is now underway, the Federal Energy Regulatory Commission (FERC) in an apparent illegal joint venture with the States of Oregon and California through the agency of a private 501 (3c ) Corporation, Klamath River Renewal Company (KRRC) threatens great harm and destruction with potentially long term biological damage to the Klamath River. The EIR EIS of FERC which was rushed through without a legitimate public hearing (COVID inspired) states unequivocally that unmitigated damage will be resulting from dam removal. The EIR EIS which normally requires specific named mitigation measures for identified damages is waived in the FERC EIR EIS. Wherever damages are identified as a result of the removal the FERC simply states that “time will cure the damage”. This is and should unacceptable. There are many valid arguments and evidence that the purpose of dam removal i.e. to increase the population of Salmon in the Klamath River will not be resolved by dam removal as most of the habitat for Slamon population growth is below the dams where the Klamath passes through cold water refugia. The Klamath being an upside down temperature gradient river is warmer in the upper elevations and becomes colder as it travels through the mountains on the way to the Pacific Ocean. This will not be changed by dam removal.

The main issue in this case centers around the Federal Statute naming the Klamath as a “Wild and Scenic River”. This statute does not and should not be waived for a Federal Agency without Congressional Approval. In fact, the designation of Wild and Scenic River would not have been granted without the dams being in place to “flush” the River and provide court mandated flows through the down river sections. The FERC has erred in this matter by not obtaining approval of Congress to violate their own Statute. In addition, The Klamath Compact, put in place in 1957, which allocated the use of the Klamath River water was approved by Congress and signed into law by the President of the United States. It was further codified by both State Legislatures and Governors. This Statute is also being violated which provided that the use of waters included the hydro electric reservoirs. This is a Public Trust which was created and has been violated by the proposed removal. Only Congress can change that and Congress refused to support the dam removal issue which is now being carried out by the States through the alleged illegal 2016 Amended KHSA agreement between the States and KRRC. The States and FERC decided to avoid the wishes of Congress and proceed on their own to remove the dams.

Again, thank you for your continued support of Mr. Anthony Intiso , Senator Linthicum and this important case.

Siskiyou County Water Users and

Anthony Intiso

Dennis Linthicum of Oregon and Antonio Intiso of the Siskiyou County Water Users Board and a resident of Yreka have filed a Complaint for Injunctive Relief in Federal Court in Medford, Oregon on June 8, 2023 naming as Defendants The Federal Energy Regulatory Commission, the State of Oregon and the State of California (CV-00834-AA). The suit which has been filed alleges that the named Defendants have specifically and willingly violated the National Wild and Scenic Rivers Act of 1968 (PL 901-542 as amended P.L. 117-286 December 27, 2022. The action further requests the Court to recognize the waters behind the reservoirs as waters under Public Trust and necessary for the proper operation of the Klamath River flows. Mr. Dennis Linthicum is a State Senator in Oregon from the Klamath County area.

The filed lawsuit requests further that the Court order a remand of the FERC decision to remove the hydro facilities and directs that an order that the Defendants and their agents restore any and all damages to existing infrastructure including but not limited to the restoration of the dams, their hydroelectric capabilities, fisheries and habitats impacted by the work conducted by the States and their Contractors and Agents. Further that the States and their Contractors and Agents be restrained from all current and future physical activities related to and or connected with the Removal of the Hydroelectric facilities. It would further request that the States and their Contractors and Agents refrain from any further current or future funding or any expenditure of funds beyond those associated with a “shutdown” of this project.

This lawsuit action has been long overdue to stop the continuing and irreversible harm to the environment, aquatic systems and the Klamath River itself as well as the citizens of the immediate area encompassing both sides of the California and Oregon border. The actions by FERC have been directed by outside sources with little concern expressed by its agents for the public in the affected areas and little to no regard for the inestimable damages that are forecast to result from the removal of these facilities. Very little effort was ever directed towards finding a more equitable and economical solution to the removal of these facilities.

https://www.siskiyoucountywaterusersassociation.org/press