Declaration of Danosky

Case 3:18-cv-03078-WHO Document 17-1 Filed 06/06/18 Page 1 of 4

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SOMACH SIMMONS & DUNN A Professional Corporation PAUL S. SIMMONS, ESQ. (SBN 127920) RICHARD S. DEITCHMAN, ESQ. (SBN 287535) JARED S. MUELLER, ESQ. (SBN 257659) 500 Capitol Mall, Suite 1000 Sacramento, CA 95814 Telephone: (916) 446-7979 Facsimile: (916) 446-8199 psimmons@somachlaw.com rdeitchman@somachlaw.com jmueller@somachlaw.com

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Attorneys for [Proposed] Defendant-Intervenors KLAMATH WATER USERS ASSOCIATION, SUNNYSIDE IRRIGATION DISTRICT, and BEN DuVAL

SOMACH SIMMONS & DUNN A Professional Corporation

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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THE KLAMATH TRIBES, a federally recognized Indian Tribe,

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Case No. 3:18-cv-03078-WHO [Related Case Nos. 3:16-cv-06863-WHO and 3:18-cv-03078-WHO]

Plaintiff, 17 v.

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UNITED STATED BUREAU OF RECLAMATION; UNITED STATES FISH & WILDLIFE SERVICE; NATIONAL MARINE FISHERIES SERVICE, Defendants.

KLAMATH WATER USERS ASSOCIATION, SUNNYSIDE IRRIGATION DISTRICT, and BEN DuVAL,

DECLARATION OF EARL C. DANOSKY IN SUPPORT OF [PROPOSED] INTERVENORS’ MOTION TO DISMISS FOR LACK OF VENUE PLAINTIFF’S COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Hearing Date: July 11, 2018 Hearing Time: 2:00 p.m.

Courtroom: 2, 17th Floor Judge William H. Orrick

[Proposed] Defendant-Intervenors.

25 26 27 28 DANOSKY DECL. ISO INTERVENORS’ MOTION TO DISMISS FOR LACK OF VENUE

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Case 3:18-cv-03078-WHO Document 17-1 Filed 06/06/18 Page 2 of 4

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I, Earl C. Danosky, declare as follows:

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1.

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lived my entire life in the Klamath Basin and within the service area of the Klamath Project

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(Project), a federal reclamation project under the supervision of the U.S. Bureau of Reclamation.

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I am a resident of Siskiyou County, California, near Tulelake, California. I have

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I began work as a full-time employee of the Tulelake Irrigation District (TID) in

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1972. I became the Manager ofTID in 1979, and served in that positon for 36 years. My

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responsibilities included overseeing all irrigation and drainage functions of TID, supervising all

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of its employees, and reporting to and advising TID's Board of Directors. I was also the

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custodian ofTID's records. TID's operations are very interrelated with those of other districts in

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the Project. I am personally familiar with Project facilities and the location of land served by the

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Project.

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3.

All facilities of the Project are located in Klamath County, Oregon, and Modoc

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and Siskiyou Counties, California, as are all lands served by the Project. Exhibit A attached to

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this declaration is a map of the Project. Exhibit A accurately reflects the location of the

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California-Oregon border, the border of Siskiyou and Modoc Counties, and the location of the

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Project.

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4.

I am also familiar with the hydroelectric project facilities owned and operated by

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PacifiCorp in the Klamath Basin. The furthest downstream of these facilities is Iron Gate Dam.

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Iron Gate Dam, and the Klamath River from the Oregon-California border to Iron Gate Dam, are

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in Siskiyou County.

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Executed under penalty of perjury under the laws of the United States, on this 4th day of June 2018, at Tulelake, California.

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Earl C. Danosky

25 26 27 28 DANOSKY DECL. ISO OF INTERVENORS' MOTION TO DISMISS FOR LACK OF VENUE

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Case 3:18-cv-03078-WHO Document 17-1 Filed 06/06/18 Page 3 of 4

EXHIBIT A

Case 3:18-cv-03078-WHO Document 17-1 Filed 06/06/18 Page 4 of 4

EXHIBIT A Page 1 of 1