It’s made national news and things are finally heading in the right direction, but it’s only the beginning. Throughout 2020—yes, that 2020—The Yurok Tribe rose up and at last has reached their goal of undamming the Klamath River, now with a set year for the dams to finally come down. But it wasn’t an easy journey… nor a short one, and certainly not a simple one. Here’s how we got here.
This report is meant to document what led to the move to finally undam the Klamath River, after a solid decade of effort being put into the matter.
Those who made it through the constant negotiations and reworkings involved the Klamath Justice Coalition, who are, quote, “formed by local Natives and people from the Klamath around the Un-dam the Klamath campaign,” (x) as well as the Yurok Tribe as a whole, whose reservation rests in Klamath. In fact, to part the curtain, this video was inspired while I was looking for information to teach myself about the entire ordeal, and noticed that information was… a little bit all over the place.
Which, hey, in its defense: this story just developed over the last few months, and the developments in between were quite spaced out. So the purpose of this report will be to capture the narrative and have it all in one easy-to-digest place.
So without further ado—let’s jump right in.
CHAPTER 1. Exposition
Well, actually, we’re not going to jump right into the real meat of it. Since we’re broadcasting this story to people who may have no idea what’s up: just a bit of a rundown of what you need to know.
The Klamath River is a 257 mile long river that cuts through both Northern California and Southern Oregon. Over in Klamath it empties into the Pacific Ocean, and it starts all the way back in, of course, Klamath Falls. It’s the Second Largest River in all California, second only to the Sacramento River. The river is so large that along its trail, it satiates four different tribes: the Yurok tribe, the Karuk tribe, the Hoopa tribe, and the Klamath tribe.
The Klamath is an absolutely vital part of the area. To our neighbors, the Yurok Tribe, it gives a sense of identity and livelihood. It gives sustenance to the ecosystem and is where the salmon population is meant to thrive. The fishing of salmon in the Yurok Tribe, as this report will likely hit a few times, is an incredibly important part of Yurok culture. Salmon is used in ceremonies. Salmon is a source of food. And for many, salmon is a source of income.
I don’t think I need to explain why that’s, y’know, a big deal. Imagine a resource so vital, so important to you. It’s been part of your culture since as long as your culture’s been around, it keeps you fed, and chances are high it’s what you do to keep the lights on and the bills paid.
Now imagine something happens. Something bad. No, that resource isn’t taken away: it’s made sick from the source, and withers before your very eyes.
CHAPTER 2. The Day of the Dams
Klamath River, again, is a big river. I probably made that clear. And you know this story is about dams so you know where we’re going with this.
What happens when you put a dam on a river? According to Michael Belchik, the Yurok tribe’s senior fisheries biologist, quote “Anytime you put a dam on a river, it always has profound effects: it chops the river into two pieces. Rivers carry a lot more than just water. The water goes down river, fish move upriver, but not only that: there’s nutrients, sediment and other organisms.” Rivers move a lot of vital stuff, and when you put a giant wall in the way, it’s going to mess it up. And mess it up it has, as the salmon population that we’ve established as important on both an identity and livelihood basis has been utterly decimated. Glen Spain, northwest regional director of the Pacific Coast Federation of Fishermen’s Associations, explained that the salmon catch rate has gone down 98% over the past 4 decades due to the dams. In a more scientific phrasing: “Scientists state that the dams create deadly algae blooms that contribute to disease and parasites infecting Klamath River salmon,” according to a Wild Rivers Outpost article by Jessica Cejnar. If you’d like to see more of this effect, Congressman Jared Huffman conducted a livestream August 18th, 2020—a hefty 2 hour examination of the impact it’s had on the tribes that rely on it and the environment itself whilst PacifiCorp turns profits.
Even more so, an interesting point on these dams is that while their list of cons piles high, their pros aren’t so positive either. It would actually be tremendously better for the economy of Del Norte County to have these dams taken down. Bringing back the salmon population would reintroduce commercial fishing from the Tribe and Independent Fisheries. Instead, the salmon numbers have been simply so low along the Klamath River that from end to end, Northern California to Southern Oregon, fisheries have had to disband solely because there’s not even enough fish to pass the minimum threshold, Glen Spain further elaborated in a Wild Rivers Outpost article.
Basically? The Dams aren’t really doing much for anyone besides PacifiCorp themselves, the profiting party. And even that is put to question. The same article said of Spain, quote, “Spain argued that the 82 megawatts of electricity the dams generate has been replaced at least 17 times over with renewable energy since Berkshire Hathaway purchased PacifiCorp in 2005. He noted that in a 2007 environmental impact statement, FERC concluded that the dams actually produce 26 percent less power than originally thought, which has to be sold at a rate that loses the company $20 million a year.”
So if I told you these dams—yes, plural—have been up for a solid century, well, I don’t have to tell you that’s going to be rough on the environment. The four dams, which are named J.C. Boyle, Copco No. 1, Copco No. 2, and the Iron Gate, spanned several decades of construction, the first beginning construction around 1908 with it finishing around 1917, and the last finally constructed in 1962, standing strong and in the way ever since.
The Yurok Tribe has had a rough relationship trying to get these dams removed, an obvious goal because these dams, as Belchik said, chopped the river into separate pieces. Since the mid-2000s, some progress had finally been made between the various stakeholders who are involved with the Klamath River and the Dams, which includes the Yurok Tribe and Pacificorp (who actually operates the Dams), though also includes the Karuk Tribe, a few environmental organizations, and the states of California and Oregon. This settlement became known as the “Klamath Hydro-electric Settlement Agreement,” or KHSA. As Amy Cordalis, General Council of the Yurok Tribe puts it,
[…] Since the mid-2000s [there] has been an agreement in place: the Klamath Hydro-electric Settlement Agreement, that would effectuate dam removal. That agreement has been amended and changed a few times.
Amy Cordalis, General Council of the Yurok Tribe
These amendments and changes have altered how things work out regarding Dam Removal, which has made it a bumpy road in terms of getting the dams… well, actually removed. The most recent of these amendments happened in 2016, when the responsibility of Dam Removal was taken out of Congressional Approval, as it had previously been, and back into the Federal Energy Regulatory Commission, or FERC. FERC’s involvement would provide a bit of a “Curveball,” as Amy Cordalis and many others have come to put it, and I’ll let her take it away with what exactly that meant for Dam Removal:
And in July of last year, 2020, we received an order on one of the initial applications. And in the order, it basically approved the license surrender of the Klamath Dams FERC License that’s required in order for PacifiCorp to operate the dams. So it approved the application of surrendering that license, but it required PacifiCorp to stay on the license through the transfer process of that license to the Klamath River Renewal Corporation, which is the Dam Removal Entity. And that requirement was a bit of a curveball, it was a bit different from what we had contemplated in the 2016 amendment to the [KHSA], and so there was this decision point of… what do we do? How do we continue to move forward with dam removal with this little curveball? And so what happened was the Yurok Tribe called the CEOs of Berkshire Hathaway – Warren Buffet, the CEO of PacifiCorp – […] And so we called their leaders and basically said, “Meet us on the banks of Blue Creek on the Yurok Reservation and let’s figure this out.” And to their credit they responded, and although we didn’t get Warren Buffet to the river we did get a few of his number one and number two CEOs to the river, and we had a long talk. And our Tribal Leaders were clear that failure is not an option, that dams will come down, and that we needed to work collectively together in order to remove the dams. And they basically responded, and what that did was then trigger negotiations for a new agreement that happened over the late Sumer and early Fall.
Amy Cordalis, General Council of the Yurok Tribe
Backing up just a bit, the FERC decision and its effects thereafter came about late Summer, as Cordalis explained. Ideally, prior to the decision, plans were to bring the dams down in 2022. This curveball, however, meant all the stakeholders were back in the negotiations phase. As Jessica Cejnar, Wild Rivers Outpost Bureau Chief, wrote on the matter in an article on August 20th, 2020, Quote: “This decision changed the terms of the 2016 Klamath Hydroelectric Settlement Agreement, [Utility Representative Scott Bolton said], and makes PacifiCorp liable for all project costs and liabilities.” And, obviously, PacifiCorp didn’t want that.
The actual cost to remove the dams is estimated at $434 Million. The renegotiations that made the KHSA happen helped form the Klamath River Renewal Corporation, or KRRC: the organization Cordalis mentioned the license would go to. As such, they had their own budget, and at the time it was set at $450 Million. $200 Million of that actually came from a PacifiCorp surcharge to its California and Oregon customers, and the other $250 million came from California water bond dollars. But for a while, a tension brewed between the Yurok Tribe and PacifiCorp. It seemed to some that PacifiCorp wanted to pass everything onto the tribe, and, therefore, get out with their profit and quietly move along—but the ruling of the license threw that out the window.
CHAPTER 3. Rising Action.
You know, PacifiCorp thought they were going to be off the hook, and left the management of the dismantling of the dams to a non-profit. And the federal Government said, “No I’m sorry, you’re not off the hook actually,” and so it’s really important to me to hold those corporations accountable. Corporations have deeply impacted the health of all of us, including our Earth and natural world, our ecosystem. At some point we need to start holding them accountable. They often are able to get out of lawsuits and keep doing the kind of dirty work they do by using the law against us.
Chrystal Helton, Local Activist & Resident of Klamath Glen
A month after renegotiations started, the FERC Order wasn’t the only thing pinning PacifiCorp to take responsibility. At this point, too, we should mention that the owners of PacifiCorp were being drawn to attention, Berkshire Hathaway and its CEO, Warren Buffet. It was a bit of a perspective shift, from the daunting task of fighting an entire corporation to remembering that… Yes, there was a person behind this. A name and a face, an identity, a reputation. Remember this, it’ll come up again later!
On September 24th, 2020, Congressman Jared Huffman suddenly proposed legislation that specifically targeted PacifiCorp for the impact its Dams have had.
The legislation came with a large news release that you can read online in its entirety, but the important gist of it: it’s H.R. 4447, the Clean Economy Jobs and Innovation Act, which included the KHSA Tribal Fairness amendment, led by Rep. Jared Huffman. Quote,
“The amendment is designed to safeguard Tribal communities against further harm to the Klamath River and its ecosystem and remediate existing problems in the Klamath River basin and downstream communities caused by four aging dams owned by PacifiCorp, a subsidiary of Warren Buffett’s Berkshire Hathaway.
If PacifiCorp turns its back on the negotiated agreement to remove the dams, the Huffman amendment would impose new relicensing conditions for the dam owner, including a requirement that the dams comply with state and tribal recommendations to reduce harm to fisheries, as well as numerous public disclosures related to water pollution, fish recovery, dam safety, and the facility’s financial status.” End quote.
So, at this point… everyone’s eyes are on PacifiCorp. FERC dropped their order to stay liable, the Yurok tribe made it clear that failure is not an option, and now the House of Representatives has passed H.R. 4447.
And all the while? Something big starts to form.
CHAPTER 4. The Day of Action
October 23rd, 2020: Activists around the region and the country planned a day of action to put pressure on Warren Buffet and Berkshire Hathaway, PacifiCorp’s Owner, as well as other stakeholders and politicians regarding the removal of the Klamath Dams.
KFUG Community Radio interviewed local activist and Klamath Glen resident Chrystal Helton (who you heard cue us into the previous section), one of many involved with the Day of Action. Plans involved some good ol’ fashioned banner bombing across Highway 101 to bring attention to PacifiCorp. Virtual rallies took place in both Portland and Omaha, Nebraska, the former being where PacifiCorp is located, the latter being Warren Buffet’s hometown. A San Diego rally also took place, joining not only the movement to Undam the Klamath, but to also push back against PacifiCorp’s attempts to dominate Southern California as a utility, which was spoken further of in a California Save the Salmon press release. In Klamath, signs were hung from various Tribal families addressing Warren Buffet, Berkshire Hathaway, Pacificorp, and both the California and Oregon Governors, Gavin Newsom and Kate Brown (respectively.)
And the thing is? It really took off. Social Media was filled with tens of thousands talking about the Day of Action, and that creates an interesting thing. See, as we said earlier, it wasn’t just about PacifiCorp. While everyone was already on board knowing the troubles that corporations have caused for our health and the natural world, the realization of its sole owner, Warren Buffet, meant that these calls could be far more targeted.
So when Warren Buffet’s reputation fell on the line and he noticed that all eyes were on him, the Day of Action had accomplished its mission. Like Amy Cordalis said: “Failure was not an option.”
CHAPTER 5. Resolution & What’s To Come
Negotiations were suddenly a lot smoother, and by mid-November 2020, the Yurok tribe finally had some good news.
Folks probably saw the press releases from not only Berkshire Hathaway, but Governor Newsom, Governor Brown in Oregon, as well as the tribe announcing the new memorandum of agreement that we were able to negotiate. And I’ll move into the terms of what those are[.] So the terms of the agreement basically adressed the issue that FERC required of PacifiCorp staying on the license, by having both the states of Oregon and California, and then PacifiCorp would stay involved in a technical capacity but would not come onto the license. So that is the sort of compromise that everyone agreed to. In addition to that, Oregon, California, as well as PacifiCorp, are contributing an additional $15 million to dam removal—$15 million each— for a total of $45 Million, on top of the existing $450 Million Budget.
Amy Cordalis, General Council of the Yurok Tribe
With these new terms of agreement, the deal was made, negotiations… were negotiated. While it’s certainly an ambitious project, it’s finally, truly underway. By 2023, the dams should be gone. So what comes next? What does this mean, exactly?
For one thing, this is historical for a few reasons. The most tragic of which being that this is a nation based on the struggling, pillaging, and theft of Indingeous tribes who populated the continent far before its colonization by White European settlers. Historically they’ve been damned by us, and even more recently, our government has been truly cruel to the Indigenous tribes whose land we live our lives on. Mt. Rushmore prior to the carving of the Presidential faces was an incredibly sacred, religious place, called the Tunkasila Sakpe Paha, or Six Grandfathers Mountain. Which, of course, our country stole and carved the faces of various figures who each played roles throughout history in taking the land and power of those who were already here. The Standing Rock protests, where peaceful protesters were maced and brutalized, was just back in 2016. But now, we see a noticeable victory for the Yurok tribe, as well as the various other tribes who rely on the Klamath River.
It’s back to what Amy Cordalis said: failure is not an option.
My final point I’ll make is: in the process of negotiation the new MOA, the tribe really focused on the importance of the fishery, to preserving tribal life ways and protecting Indigenous cultures. And that was really heard by Berkshire Hathaway, and I think also by the states. And the states, as well as Berkshire Hathaway, were really willing and did step up and make commitments to protect the tribal interest, to work to restore the environment. I think that’s one of the first times I can think of that Indigenous communities were able to put their rights, their life ways, at the same level as the business interest. You know, the force of the tribe that: we’re never going to stop here, failure’s not an option. But I also think the tipping point was the decision Berkshire Hathaway made to support this project, they really stepped up, and equally valuing diverse interest. I think that’s such a good model of how we can move forward with resource development, and also resource restoration.
Amy Cordalis, General Council of the Yurok Tribe
Who would have thought, listening to people actually helped us understand. So there are a few things to take from this. For one, people are powerful when they’re together and have a voice. Indingenous folks in this country have faced the brunt of colonialism since the start, but still they fight for what is rightfully theirs. Hopefully, this case will become a wondrous precedent for future movements of tribes to reclaim what is rightfully their own, especially when everyone is working together. Electing leaders who listen to their concerns and genuinely act on them.
We may not know what the future holds. FERC could introduce a new order, legislation could change how these operations work out, or another Indigenous landmark could be put in danger. But if nothing else, this ordeal has shown the strength of these Tribes and what comes from elected officials who genuinely care—who DO something. So, look forward to 2023 for a damless Klamath, take the time to listen to Indigenous folks, and take the time to make some noise for them.
For Redwood Voice, I’m Persephone Rose. This is how we got here.
