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PLEASE READ MESSAGE SENT TO ME BY THE YUROK TRIBE:

Scott River Water Quality Clean Up Plan (TMDL) Issue Briefing, Message and Talking Points

Issue Briefing:

Your help is needed to keep plans to clean up water quality in the Klamath River and its major tributaries from being gutted. The current issue is the TMDL and Clean Up (Implementation) Plan for the Scott River. The Farm Bureau and Timber Corporations are in full attack mode to gut these plans in favor of "voluntary actions". The problem is that "voluntary actions" have not and will not address the key issues in the Scott which is listed as "impaired" because of excessive sediment and water temperature lethal to fish. Here are the core issues:

Main causes of too much sediment: Σ Clearcutting on steep, unstable slopes leading to massive landsliding during major storms. Σ Σ Lack of road maintenance on native surface (dirt) and gravel roads leading to chronic sediment delivery to streams. Main causes of high water temperature: Σ Unregulated irrigation wells pumping water that is interconnected with surface flow. Between 1970 and 2000 140 new irrigation wells have been drilled in the valley bottoms of the Scott. As a result stream flow has declined decade by decade and US Forest Service rights to fish flows in the Scott (below the agricultural valley) are not being met even in years of "normal" precipitation. Because flows and temperature are related, we must have adequate flows to fix the temperature problem. FISH CAN NOT LIVE IN MOST SECTIONS OF THE SCOTT RIVER BELOW SCOTT VALLEY BECAUSE THE WATER TEMPERATURE IS LETHALLY HIGH. Σ Σ Logging next to streams removes shade and the water heats up. Shade is more effective the higher the stream is in the watershed. Our Message: The Yurok People and our communities along the river and the coast are damaged by pollution in the Scott, Shasta and upper Klamath Rivers. The main causes of this pollution are logging and agriculture. The North Coast Water Quality Board has failed for 30 years to clean up this pollution. As a result salmon fisheries and the people and communities who depend on salmon have been damaged. Our way of life is being slowly and surely destroyed as a result of the Water Board's failure to clean up non-point pollution in the Klamath, Scott and other tributaries.

Tens of millions of dollars have been spent on voluntary actions but water quality has not improved. What is needed is a meaningful clean up plan with teeth and meaningful enforcement of clean water law. The agriculture folks and timber companies need to obey the laws just like everyone else; the Clean Water Act and Porter-Cologne ñ our stateís clean water law ñ must be enforced on agriculture and timber just like they are on all other industries.

The time has come for the North Coast Water Board to step up and finally clean up the Scott, Shasta and Klamath. This is a social, economic and environmental justice issue. The Northcoast Water Board's 30 year failure has allowed timber and agricultural interest to take the livelihoods and destroy the way of life of tribal people and communities, sport and commercial fishermen and guides, river and coastal businesses and communities. Justice demands clear prohibitions on the non-point pollution that is killing the Scott and the Klamath Rivers. We want effective enforcement of state and federal clean water laws.

If the board fails to do its job water conflict in the Klamath River Basin will intensify. Effective action on the Scott, Shasta, Lost and Klamath River TMDLs will go a long way to ending the wars and healing our communities.

Talking Points:

* Water pollution in the Scott River ñ as well as in the Klamath and other tributaries ñ is destroying the salmon. Indian People can not survive as Indian People without the salmon. Our culture and the livelihoods of many of our people is on the line. Clean-up of the Scott River is therefore an Environmental and Social Justice Issue. It is also an issue of Cultural Survival. * Agricultural and Timber interests seek to avoid responsibility under California's Water Quality Control plans and TMDLs with unsubstantiated claims of bad science and Regional Board bias. For over 30 years timber and agriculture have avoided complying with our basic water quality laws ñ both state and federal. It is time for timber and agriculture to accept responsibility and do their part to clean up the Scott, Klamath and other rivers.

* TMDLS must be adopted as enforceable programs (under state law) with described actions, time lines, and monitoring to assure compliance with relevant standards. Voluntary programs that meet applicable standards are acceptable and should be encouraged but they have not cleaned up the river so far even though hundreds of millions of taxpayer funds have been spent. Voluntary programs are not enough; we need real law enforcement to end the social injustice that is the destruction of the salmon.

* The Draft ScottTMDL and Implementation plan have many shortcomings which must be corrected including: 1. Clearcutting on steep unstable slopes which are prone to landsliding must be prohibited 2. Logging along streams must be prohibited 3. Dewatering the Scott through unregulated irrigation pumping must be ended. 4. Landowners must be required to maintain dirt and gravel roads

* Currently the proposed TMDL Action Plan is composed of totally voluntary actions. This does not meet the state and federal mandated necessary standards - 1) description of actions to be taken that would assure final compliance with Water Quality Standards over time, 2) Compliance schedule, 3) Monitoring to assure effectiveness of compliance and adjustment of TMDL over time.

* The Implementation/Action Plan does not describe enforceable actions and timelines and thus, is not compliant with Water Code Section 12342. Let them know they are breaking the law.

Mandy Mager-Planner II Yurok Tribe Planning & Community Development (707) 482-1366 ext. 359 (707) 482-1365 fax

AMager@yuroktribe.nsn.us

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