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TMDL

"The Total Maximum Daily Load (TMDL) process leads to a 'pollution budget' designed to restore the health of a polluted body of water. The TMDL process provides a quantitative assessment of water quality problems, contributing sources of pollution, and the pollutant load reductions or control actions needed to restore and protect the beneficial uses of an individual waterbody impaired from loading of a particular pollutant" (North Coast Regional Water Quality Control Board website).

The Clean Water Act driven TMDL plans currently being developed in the Klamath Basin represent a major opportunity for the improvement of water quality and cold water fish habitat. The recognized legal standing of TMDL plans (U.S. Court of Appeals Ninth Circuit, 2002. Pronsolino et al. vs. Nastri et al.) makes them important tools for the Tribes to use to reverse the decline of Pacific salmon and other important Klamath River fish species upon which they rely for subsistence.

Consortium members have provided comments on several Klamath Basin TMDLs to make sure that analysis was conducted using the currently recognized “best science.”  They also urged speedy implementation guided by existing, scientifically sound restoration plans where they are available.  While the Salmon River TMDL serves as an example of an excellent TMDL, the Shasta and Scott TMDLs reflect political compromise with lack of resolution of flow issues likely to confound pollution abatement efforts.  The final Klamath River TMDL and Action Plan Addressing Temperature, Dissolved Oxygen, Nutrient, and Microcystin Impairments was released in June 2009 and public comments closed on August 27, 2009. To review the TMDL or to view the comment letters received, see the North Coast Water Board website.

Klamath River TMDL for Nutrients, Temperature and Dissolved Oxygen

The California Klamath River TMDLs are scheduled to be approved by the State Water Resources Control Board in December 2010. The final version is posted at the North Coast Water Board website.  A public review draft of the Oregon Klamath River TMDL was circulated by the Oregon Department of Environmental Quality in February 2010 and is currently being finalized.

Below are links to the comments regarding Klamath TMDL submitted by the Tribes.

Yurok Tribe Environmental Program. 2010.  Comments on the Oregon Department of Environmental Quality's Draft Upper Klamath and Lost River Subbasins Total Maximum Daily Load and Water Quality Management Plan. Submitted by Ken Fetcho, YTEP, Klamath, CA. 23 p.

Quartz Valley Indian Reservation. 2010. Comments on Draft Upper Klamath and Lost River Subbasins Total Maximum Daily Load and Water Quality Management Plan. QVIR, Ft. Jones, CA. 22p.

Yurok Tribe Environmental Program. 2010. Comments to the North Coast Regional Water Quality Board and U.S. EPA Re: revised text and substantive changes related to the Draft Klamath River TMDL. Submitted by Kathleen Sloan, YTEP, Klamath, CA. 19p.

Quartz Valley Indian Community. 2010 Comments on Public Review Draft, Staff Report for the Klamath River Total Maximum Daily Loads (TMDLs) and Action Plan Addressing Temperature, Dissolved Oxygen, Nutrient and Microcystin Impairments in California, the Proposed Site Specific Dissolved Oxygen Objectives for the Klamath River and California, and the Klamath River and Lost River Implementation Plans. Submitted by Crystal Bowman. QVIR, Ft. Jones, CA. 20 p. (Appendix A: Higgins comments Re: Fruit Growers Supply (FGS) Habitat Conservation Plan (HCP) and Draft Environmental Impact Report.) (Appendix B: Comments on State Water Resources Control Board Resolution 2009-0064 Regarding U.S. Forest Service Management Oversight.)

Karuk Tribe. 2009. Re: Comments on Public Review Draft and Staff Report for the Klamath River Total Maximum Daily Loads (TMDLs) and Action Plan Addressing Temperature, Dissolved Oxygen, Nutrient, and Microcystin Impairments in California.  Submitted by Earl Crosby, Karuk Tribe, Orleans, CA, 37pp.

Quartz Valley Indian Community. 2009. Re: Comments on Public Review Draft and Staff Report for the Klamath River Total Maximum Daily Loads (TMDLs) and Action Plan Addressing Temperature, Dissolved Oxygen, Nutrient, and Microcystin Impairments in California.  Submitted by Crystal Bowman. QVIR, Ft. Jones, CA. 39 p.

Yurok Tribe Environmental Program. 2009. Comments on Public Review Draft of Staff Report for the Klamath River Total Maximum Daily Loads (TMDLs) and Action Plan. Submitted by Ken Fetcho, YTEP, Klamath, CA. 37 pp.

Yurok Tribe Environmental Program (YTEP). 2009. Re: Comments on Review Draft Water Quality Restoration Plan for the Klamath River Basin in California: Draft Scoping for TMDL Implementation. Submitted by Ken Fetcho, YTEP, Klamath, CA. 26 p.

Quartz Valley Indian Community. 2006. Comments Concerning the Klamath River TMDL Approach and Progress to Date. Memo to the U.S. EPA and North Coast Regional Water Quality Control Board of August 15, 2006. Quartz Valley Indian Reservation, Fort Jones, CA. 35 p.

Quartz Valley Indian Community. 2007. Comments on Klamath River Nutrient, Dissolved Oxygen, and Temperature TMDL Implementation Plan Workplan Outline for CA (NCRWQCB, 2007). Quartz Valley Indian Community, Fort Jones, CA. 30 pp.

Summary of comments:

 

Shasta River TMDL for Temperature and Dissolved Oxygen

Status: The Shasta TMDL was approved by the North Coast Regional Water Quality Control Board (NCRWQCB) on June 29, 2006, the California State Water Resources Control Board (SWRCB) on November 15, 2006 and the U.S. Environmental Protection Agency (EPA) on January 26, 2007.

Quartz Valley Indian Community. 2006. Review of public draft Shasta River Temperature and Dissolved Oxygen TMDLs. Quartz Valley Indian Reservation, Ft. Jones, CA.

 

A major impediment to Shasta TMDL implementation is the lack of follow through by the CA SWRCB on getting flows increased.  Their resolution adopting the Shasta TMDL had the following qualification:

“The Shasta TMDL does not require a water right proceeding to implement the temperature reductions and is explicit that the 45 cfs goal or alternative flow regime is not binding in any water right proceeding—should there ever be one.”

See also comments on the Shasta TMDL from conservation groups.

Scott River TMDL for Sediment and Temperature

Status: The Scott River TMDL was approved by the NCRWCB on December 15, 2005, by the CA SWRCB on June 21, 2006 and the U.S. EPA on September 8, 2006.

Quartz Valley Indian Community. 2005. Comments on Staff Report for the Action Plan
for the Scott River Watershed Sediment and Temperature Total Maximum Daily Loads (Scott TMDL). Quartz Valley Indian Reservation, Ft. Jones, CA. 64 p.

 

Although the Scott TMDL Implementation Plan has been adopted, there are some concerns about progress. The memo cited below outlines those concerns.

Quartz Valley Indian Community. 2009. Memo on Scott River TMDL Implementation. From QVIR Environmental Director Crystal Bowman to Catherine Kuhlman, NCRWQCB Executive Director of May 13, 2009. Quartz Valley Indian Reservation, Ft. Jones, CA. 3 p. Photos (Appendix A).

Read comments on the Scott TMDL from conservation groups.

Lower Lost River TMDL for Nutrients and Temperature

Status: A Draft Lower Lost River TMDL was released in March 2007, but it had such significant flaws and is in revision. Through an extension agreement with parties to the Consent Decree and the Ninth Circuit Court Judge enforcing the TMDL timeline, agencies have been given additional time to complete the Lower Lost River TMDL and make sure it is compatible with the upcoming mainstem Klamath River TMDL. 

Yurok Tribe 2007. Yurok Tribe comments on Lost River TMDL.  Letter dated July 3, 2007, from Kevin McKernan of Yurok Tribe Environmental Program to Gail Louis of U.S. EPA. Yurok Tribe, Klamath, CA. 34 pp.

Karuk Tribe of California. 2007. Comments from the Karuk Tribe of California regarding the Lost River Total Maximum Daily Load. Letter dated July 2, 2007, from Sandy Tripp Karuk Tribe of California Department of Natural Resources to Gail Louis of U.S. EPA. Yurok Tribe, Klamath, CA. 34 pp.

 

Upper Lost River TMDL for Nutrients and Temperature

Status: NCRWQCB found no proof of nutrient or temperature impairment and removed the Upper Lost River from the impaired water bodies list.

Resighini Rancheria. 2004. Memo re: Total Maximum Daily Load (TMDL) analysis for, and the proposed de-listing of the Upper Lost River from California's 303(d) list. From Chairman Frank Down to Catherine Kuhlman, NCRWQCB Executive Director. Resighini Rancheria, Klamath, CA. 9 p.

 

Salmon River TMDL for Temperature

Status: The Salmon River Temperature TMDL was accepted by the NCRWQCB on June 22, 2005; the CA SWRCB on October 25, 2005; and by the U.S. EPA on March 29, 2006.

 

Read comments from the Klamath Basin Coalition.