June 2023

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In this issue:

  • History of Regulating Water on the Refuges

  • Invitation to participate

  • Annual Visitor's Guide

  • Birding around Upper Klamath Lake - Part One

  • Species Spotlight: Western and Clark's Grebes

  • Event Calendar

  • Share this Newsletter

History of Regulating Water on the Refuges

-by Loree Johnson

 

In our April newsletter, I wrote about how physical alterations to natural water flows, constructed more than a hundred years ago, cut off the natural accumulation of water on our National Wildlife Refuges. This month, I would like to discuss how legal and administrative decisions, made over time, determine how water is allocated for wildlife habitat. As always, my intent is to provide a basic understanding for those who may be unfamiliar with the subject. I will provide links to more detailed information at the end of the article for those who wish to learn more.

 

Both the physical infrastructure and the legal regulations began with establishment of the Klamath Project. One of the most ambitious and far reaching undertakings of its kind, the Klamath Project forever altered the ecosystem and hydrology of the Klamath Basin, making it a powerhouse of American agriculture.

 

From the beginning, the missions of the Bureau of Reclamation (administering the Klamath Project) and the Fish and Wildlife Service (administering the refuges) have been at odds. Reclamation was and is tasked with facilitating and promoting agriculture in the Basin, while USFWS is tasked with protecting and preserving wildlife and habitat. Both agencies are expected to execute their respective missions on land within the boundaries of the Klamath Project. The Klamath Project was authorized in 1906, while the Lower Klamath National Wildlife Refuge was established in 1908. These dates would become very important in later decisions, but as you can imagine, the conflict over draining wetlands to create farmland, and preserving wetland habitat for wildlife has existed since the beginning.

 

Conservationists and hunters in the early 1900's wanted the refuges preserved and protected from the ever-encroaching farms. Farmers complained that the wildlife was harming their crops and wanted the wetlands drained. By 1954, 22,000 acres of land within the Tule Lake National Wildlife Refuge were leased for farming. Farmers wanted the Secretary of the Interior to sell them these lands. After more than fifty years of controversy over land use, Senator Thomas Kuchel of California proposed a bill that he hoped would settle the disputes. In 1964, the Kuchel Act (pronounced KEEK-uhl) passed congress. The law protected the land within the wildlife refuges from homesteading or sale. In exchange, farming was required within the refuges. The Secretary of the Interior was directed to administer the refuges “for the major purpose of waterfowl management, but with full consideration to optimum agricultural use that is consistent herewith.” Although there is no prospect of further homesteading on the refuges, the law remains in effect to this day.

 

However, since the law failed to specify which agency would control the refuges and farming within them, details had to be worked out. In 1977, the two agencies signed a cooperation agreement which gave the bulk of control to Bureau of Reclamation. That agreement is still in force.

 

For many years, negotiations took place between the two agencies over how much water would be allocated to the refuges for habitat management. Then, in 2013, the Oregon Water Resources Department issued a Final Order of Determination after a 38 year process undertaken to adjudicate water rights.

 

The adjudication recognized water rights under state law for the Klamath Reclamation Project with a priority of 1905. The final order also recognized federal reserved rights for national wildlife refuges. This included Tule Lake and Lower Klamath National Wildlife Refuges, both of which receive water through Project or Project-related facilities. These two refuges had claimed the 1905 Project priority for wetland uses on the refuges, but those claims were denied because flooding of wetlands was determined not to be within the purpose of the Project or its water rights. There are recognized, however, federal reserved water rights that are junior to the Project’s state law rights.

 

The result of this determination is that BOR no longer needed to negotiate with USFWS over water for wetlands. Junior water rights for the refuges meant that only after project farmers receive their entire allocation can water be sent to the refuges. Since the Project has not received a full allocation in several years, wetland habitat can only be flooded with excess runoff from irrigation. As a consequence, the refuges were put in the unfortunate position of converting even more wetland habitat to farmland in order to secure water.

 

Also, the Endangered Species Act has severely impacted the amount of water available to the Klamath Project by mandating Upper Klamath Lake levels and Klamath River flows to protect endangered fish. This means that there is no "leftover" irrigation water to flood wetlands on the refuges. In the summer of 2022, both refuges went completely dry. Waterfowl numbers this past winter dropped by 90%.

 

While many of these laws, agreements, determinations and regulations have been established for decades, disagreements persist. For example, in 2020, the Tulelake Irrigation District sued the USFWS over new requirements on the refuge for idling and flooding farmland (known as the Walking Wetlands program) and higher percentages of crops left for birds after harvest. TID argued that agriculture is a “purpose” of the refuges under the Kuchel Act. USFWS argued that agriculture is a “use.” The court found in favor of the refuges. The decision was confirmed on appeal.

 

As I mentioned, this article is only a basic outline of the complicated web of circumstances that has been woven over the past century. It is my hope that an understanding of where we are and how we got here will help foster a climate of creative thinking about possible solutions among the community as we move forward.

 

Links for more information:

Text of Kuchel Act

Klamath Basin Adjudication

Final Decision of the TID vs USFWS appeal

Do you have something to say?

 

We have been receiving helpful and informative feedback to this newsletter. Maybe you would like the group to hear your perspective. We would be happy to publish it. If you would like to write an article for the newsletter, just reply to this one and let us know. We'd love to hear about it!

Annual Visitor's Guide

-by Mary Williams Hyde

 

I work part-time for the Klamath Falls Herald and News as an ad salesperson. The special publication we focused on this last month was the annual visitor’s guide.  You can be sure I saw that as an opportunity to feature birding in the Klamath Basin so I fought for space to tell the story of how we still are a premiere birding destination, even though we have water shortages in our lower basin refuges. I asked prominent members of the local birding community to help with their thoughts on the best places for birding to help visitors have good experiences. We received info that covered Wingwatchers Trail, Link River, Moore Park, Putnam’s Point, Miller Island, Butte Valley, Lower Klamath, the Klamath Audubon, the Klamath Basin Birding Trail project, Winter Wings, the new Refuge headquarters at Tulelake, and upper Klamath County. The visitor’s guide didn’t have room for all the stories so we will be sharing this great info in our next few newsletters to make this valuable information available to locals and visitors.

 

Thank you to Darryl and Diana Samuels, Anne Wenner, Cindy Deas, Kevin Spencer, John Fitzroy, Howard West, Loree Johnson, Leslie Lowe, and Marshal Moser for your help! I also deeply appreciate the advertisers that stepped up to very specifically support birding in the Klamath Basin…please support them!

This guide was published in the Wednesday May 31st issue of the Herald and News. The greatest news is it will be available on the Herald and News website IN FRONT OF THE PAYWALL for the next 12 months.  Here is the link for you to bookmark and share to all your social media pages and contacts.

 

https://heraldandnews-or.newsmemory.com/?special=Special+Section

 

If we all share we can reach hundreds of thousands of potential visitors.

We will begin with Part One of Marshal Moser’s story– “Birding around Upper Klamath Lake of the Klamath Basin”  Don’t forget to share this newsletter, too, everywhere you can.

Birding around Upper Klamath Lake

Part One 

 -by Marshal Moser

 

(Much of this article is the author’s preferences adapted from the information available through the interactive Klamath Basin Birding Trail- http://klamathbirdingtrails.com/sites/indexmap.shtml, a website of Klamath Wingwatchers, Inc., the Klamath Basin Audubon Society- https://www.klamathaudubon.org/, and related resources. The names and numbers for the sites in the article are those on the Klamath Basin Birding Trail above. How to purchase the Birding Trail in booklet form is on the Bird Trail website- https://www.klamathbirdingtrails.com/ Much more information is available and linked to through these sites.)

 

The Klamath Basin is a very interesting location in North America. It is an old and large area on the earth's crust that was both uplifted, and broken, in such a way to allow a large section to fall between two cracks in the crust of the earth. This is known as a block fault and forms the valley that runs from Crater Lake for over 100 miles south to the Modoc Uplands around Medicine Lake, California.

 

Yet the floor of the Basin is over 4,000 feet above sea level. The altitude and its situation in the mountains between the Pacific Ocean and the deserts to the east make for an unusual climate with a great range of habitat types from alpine to desert. Because of such factors, the Klamath Basin has a great variety of life forms. This holds true for avian life in the Basin, which is further enhanced by being a funnel for many bird species in the Pacific Flyway.

 

There are many species to see at any time of the year and the assemblage of species morphs through the seasons. Here is the comprehensive list of birds that have been recorded for the Klamath Basin:

https://drive.google.com/file/d/0B5mSRnuqADHoemdrd2Iwc0JtbUE/view

 

Following is a written tour around the Klamath Basin north of Klamath Falls. It is not comprehensive but still includes enough to easily spend several days birding around the upper Basin; this means encircling Upper Klamath Lake. Beware, there are lots of different habitats with associated birds to see. You should take your time and not try to do too much. 

 

Other cautions and notes:

With the floor of the Basin over 4,000 feet, people forget that it is much cooler than you might expect and the summer is relatively short. It can snow any day of the year! Dress appropriately! The roads around the rim of the crater at Crater Lake National Park often are not completely open until July 1st. (Wildflowers there peak around the 3rd week of July.) At the lower elevations, the peak of the breeding season for the birds in a “normal” year is around the third week of May; it is much later in the Park.

 

The Klamath Basin is also big! You could do a trip to some of the top birding sites all the way around Upper Klamath Lake in a single day. However, you should take several days. It's roughly 200 miles round trip. It may be better to choose certain locations that interest you and take several days of trips out and back to see those areas and their settings.

 

If you wish to see the world famous “rushing” of the Western and Clark’s Grebes your best chances are usually May through June. It is unpredictable but your best chance to see them relatively close to Klamath Falls is Putnam's Point and nearby Moore Park. There is a wonderful sculpture of Rushing Grebes at Putnam’s Point (number 29 on the Birding Trail map).

 

Mosquitoes can be bad, usually until after mid-July when it gets warm and dry. They haven't been bad for about 5 years due to rather severe drought, but the winter of 2022-2023 provided above average precipitation.

 

Highlights of some of the birding sites north of Klamath Falls:

Let’s use the Klamath Basin Birding Trail Map to pick out some of the choice spots north of Klamath Falls. Note that the location numbers on the trail map are interactive and you can switch to more detailed local maps, and other information, including possible birds, by clicking on the numbers.

 

Starting east to west from Klamath Falls circling Upper Klamath Lake clockwise, I will mention some of sites on the Birding Trail map as I take you to some of my favorite sites. I will also mention some of the species I target at those sites. (Again, the numbers on the sites will also mention other species known for those sites.) First stop considered outside of Klamath Falls is:

 

26. Howards Bay

Take Highway 140 northwest from Klamath Falls about 11 miles, that will be about 4 miles past Running Y Resort. You will be on the bay when you come to where 140 is on top of a dike with the expanse of Upper Klamath Lake on your right. Sometimes a northerly wind can make birding difficult here but watch for a large variety of water birds. This is another good location to see rushing grebes at the right time of the year. There are some excellent wetlands on the opposite side of the road from the open lake where additional wetland birds can be seen. Watch for perched and/or soaring eagles on the mountainside as you come alongside the lake. There is a boat launch parking lot along the base of the mountain that protrudes out into the lake; it is an excellent location to scope the open water for a large variety of waterfowl including White Pelicans. The White Pelican is significantly larger than the Brown Pelican that inhabits the coast; it has a wingspan more than 2 foot greater than our eagles making it the second greatest wingspan in the U.S., after the California Condor. Watch for coordinated groups of the pelicans corralling fish and dunking their heads for them. White Pelicans do not dive from the air as do Brown Pelicans.

 

25. Shoalwater Bay/Eagle Ridge

This site is 16 miles north and west of Klamath Falls, also on Highway 140, 1/2 mile past Milepost 53. Turn North (right at the sign to Eagle Ridge County Park) onto a gravel road. Travel about 1 mile, staying to the right at the intersection. Turn right, travel about 100 yards, and turn left onto the road to Shoalwater Bay and Eagle Ridge. Continue around the southern tip of the marsh there and go north approximately 2.5 miles to the county park where there is a restroom and boat ramp (and picnic table). The road is gravel the whole way and can be very dusty. You can drive past the county park but that’s not wise unless you have high clearance and can turn around in a small space; it is a dead end, plus rather narrow and primitive. It is best to walk out and back if you want to go past the park.

 

There are lots of dirt pull offs as you are coming in along the marsh on the way to and from the park. Get out, look, and listen – there is a large variety of birds of brush, deciduous trees, and conifer habitats as well as the wetland birds. Large numbers of Bullock’s Orioles are here seasonally and you may notice lots of their hanging nests if you have sharp eyes.

 

24. Odessa Creek Campground

Several miles further along Highway 140 past Shoalwater Bay/Eagle Ridge turnoff, take Forest Service Rd. 3639 to the Odessa Creek Campground. Watch closely for the sign on 140 to know where to turn. The road is gravel and takes you to a small campground along a channel that goes out to Upper Klamath Lake. It is much wetter type of coniferous forest dominated by Ponderosa Pine with Douglas Fir and other species as you are approaching the eastern slopes of the Cascade Mountains. Look for the great variety of forest species here, especially woodpeckers like Lewis’s and White-headed.

 

14. Westside Road

Like the preceding, you will now be in the heavily forested, deep snow country. Westside Road begins at a sign marking the turn off on Highway 140 to Fort Klamath. This road runs approximately 16 miles north/south along the west side of Upper Klamath Lake to Sevenmile Road at the north end. Much of the road runs through the Klamath Ranger District of the Fremont-Winema National Forests and there are several turn offs onto Forest Service roads that are worth stopping at and looking for birds. The habitat is mostly mixed conifer forest that is dominated by Douglas Fir, White Fir, and Ponderosa Pine. Watch for such Cascade species as Chestnut-backed Chickadees in the brushier forested areas. Much of the route follows the interface between the forest on the west and marsh on the east side of the road. The east side is running along Upper Klamath Lake and Upper Klamath National Wildlife Refuge. Watch for Sandhill Cranes with young in the marsh openings along the road. It provides a unique and diverse combination of habitats found nowhere else in the Klamath Basin. This is the greatest area for owl diversity in the Basin and most of the woodpeckers, including a high chance of hearing and seeing Pileated Woodpeckers.

 

There are several sites from the Klamath Basin Birding Trail Map along Westside Road including the next two sites, 17 and 16.

 

17. Rocky Point

Roughly 3 miles north on Westside Road turn off at the sign to Rocky Point. Follow the signs to the boat ramp and parking lot to start your birding. There are many birds of big forests to be seen in the area and around the parking lot. Watch for Western Tanagers high in the trees and a good variety of woodpeckers. Also, be sure to look through the openings to the east and walk out onto the dock beside the public boat ramp. Good viewing of a wide variety of waterfowl is available here. A full complement of the grebes is often in the water out from the dock; this is the confluence of Recreation Creek into Pelican Bay off Upper Klamath Lake. Straight across the bay a couple hundred yards, is the southern extension of the Upper Klamath National Wildlife Refuge. Here, a tall reed called Tule, dominates the marsh. The refuge extends many miles to the north to the far end of Agency Lake, the northern lobe of Upper Klamath Lake. For the more adventuresome, you can rent canoes or kayaks and follow the Upper Klamath Canoe Trail through a portion of the refuge from Rocky Point.

 

Due to springs and the more stable water supply of the lake, and the greater impacts of the drought in most other areas, Rocky Point is definitely one of the best places to bird in the Klamath Basin during the years of drought.

 

If you have a good GPS or side road map on your phone, try birding along the gravel road that extends north from the Rocky Point resort for several miles and back out onto Westside Road. It is mixed mature Ponderosa forest and has a good variety of woodpeckers and other forest species.

 

16. Malone Springs

If you continue north from Rocky Point about 4 miles on Westside Road you will see the sign to Malone Springs. Follow the short gravel road down to the spring hole where there is a restroom, picnic table, and a crude boat launch into the spring. It is a small area where marsh interfaces with dense, brushy forest. Species I like to look for here are both Ruffed Grouse, especially in and near the Aspen, and Blue (Pacific aka Sooty) Grouse in the denser coniferous forest as you come down the access road. Also, listen for the high pitched and intricate song of the tiny Pacific Wren in the dense underbrush and fallen trees along the access road. If you do not know the song, try playing a recording of it on your phone (you may not have a signal while there) to familiarize yourself. You may be quick and sharp-eyed enough to see one of these diminutive energy balls by following the call!

 

Other species I like to look for here are the Black Tern, flying out over the marsh, and if I’m fortunate, the always present, hard to see but easy to hear, Sora and Virginia Rails. Watch carefully just within the edge of the marsh grasses and willows around the spring hole.

 

Stay tuned for Part Two next month...

Shoalwater Bay - Photo by Mary Williams Hyde

Species Spotlight: Western and Clark's Grebes

-Photo by Loree Johnson

 

The largest grebes found in the Klamath Basin are the Western and Clark's Grebes. These two species are very similar in appearance, yet some subtle differences set them apart.

 

Both species have long, black and white necks, as well as bright red eyes. And they both carry their newly hatched chicks on their back as they swim.

 

Western Grebes, as the above photo illustrates, have olive-yellow bills. The black on their head extends over the eye area, unlike Clark's Grebes.

-Photo by Loree Johnson

 

In the above photo, you can see that Clark's Grebes have bright yellow bills and the black patch on the top of their head does not extend down to the eye area.

 

Both species perform elaborate courtship and mating rituals such as the "rush" shown above.

 

Putnam's Point in Klamath Falls is one of the best places in the country (maybe even the world!) to observe these fascinating birds. The park has been recently redesigned and updated to accommodate birders and photographers interested in observing these birds and their unique behaviors.

Event Calendar

 

(Please send us information about your birding-related events so we can get the word out!)

 

June 2023

 

9th,10th,11th

Multiple Day Birding Trip

Klamath Basin Audubon Society

Klamath Marsh and Fort Klamath Areas

3 days with overnight stays

Email for more Information

 

July 2023

 

1st

Woodpecker Trip

Klamath Basin Audubon Society

Locations TBD

All day

Email for more Information

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