The plan calls for massive pollution reductions for the California portion of the river, including a 57 percent reduction in phosphorus, 32 percent in nitrogen and 16 percent in carbonaceous biochemical oxygen demand (CBOD).

The plan also calls for annual reductions in the river's reservoirs of more than 120,000 pounds of nitrogen, and 22,000 pounds of phosphorus.

The Klamath River, a federally protected “Wild and Scenic River,” flows 255 miles southwest from Oregon through northern California, and empties into the Pacific Ocean. The Klamath River drains an extensive watershed covering over 12,600 square miles, and has been called the "Everglades of the West.”

The Klamath River and its tributaries support the highest diversity of anadromous fishes of any river in California, including salmon, cutthroat trout, steelhead and sturgeon.

Upstream in Oregon, the river hosts the state's most robust population of redband and bull trout. In 2002, a massive die-off of more than 33,000 salmon brought national attention to this area.

The tribes that live along the Klamath rely on the river for subsistence, transportation and ceremony, as they have for thousands of years. These tribes include the Yurok, Hoopa Valley, Karuk, Quartz Valley and Resighini Rancheria on the lower stretches of the river (California), and the Modoc and Klamath in the upper basin (Oregon.)

Under the Clean Water Act, states and authorized tribes are required to develop a list of waters that do not meet water quality standards.

For these “impaired” waters, jurisdictions must calculate the maximum amount of pollutants allowed to enter them so they can meet water quality standards into the future. These pollution limits are called Total Maximum Daily Loads or TMDLs.

The entire Klamath River is listed as “impaired.” In 1992, the California State Water Quality Control Board (Water Board) proposed that the Klamath River be listed for temperature, organic enrichment/low dissolved oxygen, and nutrients, requiring the development of TMDL limits and implementation plans.

The Water Board subsequently added sediment and microcystin (an algal toxin) to this list for parts of the Klamath. The Klamath River’s aquatic habitat degradation is due to organic enrichment/low dissolved oxygen, excessively warm water temperatures and algae blooms associated with high nutrient loads, water impoundments, and agricultural diversions.

Algal blooms can release toxins, posing moderate to significant health risks. Harmful results range from skin rashes and fevers, to livestock poisoning and liver toxicity.

Since 2004, levels of cyanobacteria and microcystin toxins at several locations on the lower Klamath have exceeded World Health Organization standards.

TMDLs for several water bodies in the Klamath Basin – the Trinity River, Scott River, Shasta River, Lost River, and the Klamath Straits Drain – are also being implemented to address impairments due to excessive pollution.

Reductions vary for each reach of the Klamath River, with the most significant reductions required from Stateline through the Klamath Hydroelectric Project reservoirs.

“This historic Klamath River plan charts the path to restoring one of our nation’s largest, most scenic and biologically important watersheds,” said Jared Blumenfeld, EPA’s regional administrator for the Pacific Southwest. “By establishing clear benchmarks and accountability this plan will ensure that Klamath River can thrive long into the future.”

This plan reflects a multi-year collaborative effort to develop pollutant limits for the full Klamath River. A partnership between EPA, California’s North Coast Regional Water Quality Control Board and the Oregon Department of Environmental Quality began in 2003.

California’s plan received extensive public review and was approved by both the Regional Board and the State Water Board prior to EPA’s approval.

The companion plan for the upper reaches of Klamath River in Oregon was released by Oregon DEQ on Dec. 21, 2010; EPA’s Pacific Northwest region is expected to act on Oregon’s plan in January 2011.

“The Klamath particularly is a troubled river system, and once supported the third largest salmon runs in the nation. Implementation of these Klamath Mainstem TMDLs will go a long way toward helping restore those key salmon runs, and the jobs those salmon once supported,” said Glen Spain of the Pacific Coast Federation of Fishermen's Associations.

“It is truly good news that the current round of water quality planning for the Klamath River is complete,” said Catherine Kuhlman, Executive Officer of the North Coast Regional Board. “Now, it’s time for action to reduce water pollution and restore the river in order to enhance the myriad of beneficial uses of the river.”

The state’s plan identifies actions to improve water quality to restore salmon and other fisheries in the River, protect Native American cultural uses and enhance general recreational uses of the Klamath River.

Oregon’s Department of Environmental Quality, the Regional Board, U.S. EPA and many other partners are developing a watershed-wide tracking program to increase the pace and reduce the cost of improving Klamath Basin water quality to support all water-related uses in the Basin.

The plan also addresses water quality impacts of the Klamath Hydroelectric Project, establishes a policy to protect thermal refuges (cooler areas in the river that provide critical habitat for fish during high temperatures), and addresses nonpoint sources of pollution such as roads and agriculture.

This action is the culmination of 13 years of state and federal efforts to develop TMDLs for 17 North Coast water bodies. The Klamath River in California is the last of those water bodies in the North Coast covered by a 1997 legal settlement under which EPA and/or the state was to develop TMDLs.

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Previously, uncompensated agents were not liable unless the loss resulted from the attorney-in-fact's bad faith, intentional wrongdoing or gross negligence. That immunity allowed some uncompensated agents to act irresponsibly to the detriment of the principal.

Although an agent appointed under a power of attorney still does not have an affirmative duty to act (unlike a trustee), whenever such agent chooses to act under the power of attorney then the agent must do so prudently and responsibly under the circumstances known to the agent.

Even agents who act without compensation and breach this duty may now be held liable by a court for any loss or depreciation in value of the principal's property resulting from the breach of duty, with interest; for any profit made by the attorney-in-fact through the breach of duty, with interest; or for any profit that would have accrued to the principal if the loss of profit is the result of the breach of duty.

Consider, for example, a son who manages (without pay) his parents’ brokerage account as their agent for financial affairs.

As agent the son makes investment decisions and buys and sells securities using his parents’ money.

Now when the son as agent makes these investments, he is held to a similar standard of care as a trustee responsible for trust investments.

Thus, if the son acts negligently – such as making unsound investments without reliance on an qualified investments advisor – he can be held liable in the ways described above; such as for any loss resulting from a breach of this duty.

How would the negligent agent ever be held liable?

A court proceeding initiated by a petition to impose the liabilities (penalties) would have to be filed. That petition could be filed by the principal, by a subsequent agent or by a subsequent conservator for the estate of the principal.

The court would then hear the facts and circumstances related to the agent’s actions and would then decide whether or not to impose the penalties.

The court has discretion to excuse the negligent attorney-in-fact in whole or in part from liability if the attorney-in-fact acted reasonably and in good faith under the circumstances as known to the attorney-in-fact, if the court finds that it would be fair and just to do so.

Clearly, the purpose of the law is to protect the principal (the parents in my example above) from an unreasonably negligent agent by holding the agent accountable.

An agent is, therefore, well advised to seek relevant professional help to properly undertake any endeavor on behalf of the principal.

Accordingly, if the agent is signing the principal’s tax return, the agent should hire a qualified tax preparer to prepare the tax return.

If is selling real property, the agent should hire a qualified real estate agent to assist in the sale. If the agent is managing investments, the agent should hire a qualified financial advisor.

And, lastly, if when any legal issues arise, the agent should consult a licensed attorney for advice.

Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-263-3235.

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The victim in the shooting was 41-year-old Josephine Navarro, who was listed as a transient but had previously been listed as being from San Leandro, according to Capt. Kurt Smallcomb of the Mendocino County Sheriff's Office.

Navarro's boyfriend, 46-year-old Samuel DeJesus Campos, was taken into custody on Monday after he told investigators that he shot Navarro as she was lying in bed in their travel trailer holding their small dog, Smallcomb said.

Campos, a transient with previous connections to Oakland, said he had meant to shoot and kill the small, injured dog but hit Navarro instead, according to Smallcomb's report.

Smallcomb said the investigation into the Navarro's death is continuing.

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Kevin Ray Stone, 28, was taken into custody following a brief foot pursuit with Clearlake Police officers, according to a report from Field Training Officer Michael Carpenter.

Shortly after midnight Friday morning Sgt. Rodd Joseph and Officer Andrew Jones

were performing a patrol check of the Clearlake Apartments, located at 7145 Old Highway 53, when they observed a male – later identified as Stone – acting suspiciously, Carpenter said.

When officers approached Stone, he began to walk away from them. Carpenter said the officers ordered Stone to stop, and he disobeyed them and instead ran away.

Carpenter said a foot pursuit ensued and Joseph caught Stone at the apartment complex's playground.

Officers discovered a loaded handgun in the area where Stone was caught. Carpenter said they believe Stone tossed the firearm while attempting to flee from the officers.

Stone is currently on probation and prohibited from owning a firearm, Carpenter said.

Stone was booked into the Lake County Jail on misdemeanors including two counts of violation of a court order and misdemeanor obstructing a police officer; and felonies that included carrying a loaded firearm in public, being a prohibited person possessing a firearm, carrying a concealed weapon and being a prohibited person possessing ammunition, according to jail records.

His total bail was set at $10,000, jail records indicated.

He remained in the Lake County Jail late Friday.

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A search team found the body of Jesma Bailey in Middle Creek, according to Capt. James Bauman of the Lake County Sheriff's Office.

Bauman said deputies responded to Bailey's residence on Dewell Road shortly before 10:30 a.m. Wednesdsay when her husband, Daniel Bailey, reported that she had disappeared from their residence some time during the previous night.

Daniel Bailey told deputies he had last seen his wife at about 9 p.m. Tuesday when he went to bed, Bauman said. The following morning when Daniel Bailey woke up, his wife was gone and a door leading outside from her room had been left open.

Prior to the deputies’ arrival, Daniel Bailey had found a pillow, a blanket, his wife's reading glasses and some DMV paperwork outside about 40 feet from the home, Bauman said.

Daniel Bailey told deputies that his wife had been troubled about her fourth driving under the influence arrest last November, but had otherwise expressed no thoughts of hurting herself. Bauman said the husband also reported finding empty liquor bottles about the home and a bottle of recently filled prescription medications was found nearly empty.

Additional deputies arrived to assist with looking for Jesma Bailey around the property and the area of Middle Creek, which is directly across Dewell Road from the home, Bauman said. After failing to locate the woman in the immediate area, deputies requested that a search and rescue operation be launched.

Bauman said an incident command center was established at the US Forest Service Station on Elk Mountain Road by Lake County Sheriff’s Search and Rescue and Office of Emergency Services coordinators. Members of the K-Corps joined Search and Rescue volunteers to expand the search area.

Efforts to get air support from outside of the county were thwarted by weather conditions, Bauman said. However at about 2:15 p.m. Wednesday a locally assigned REACH helicopter was able to respond.

While flying the area, the REACH helicopter located what appeared to be clothing along the banks of Middle Creek, Bauman said.

Acting on that information, Bauman said a search team proceeded to an area more than a mile downstream from the Bailey home and at about 3:20 p.m. they found Jesma Bailey deceased in the water.

Upon recovering the body, Bauman said detectives called to the scene found the woman had sustained some superficial injuries, but there were no obvious signs of foul play or significant trauma.

He said the exact circumstances surrounding Jesma Bailey’s death are pending further investigation and her exact cause of death is pending the results of an autopsy scheduled for next Monday.

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Robby Alan Beasley, 30, and Elijah Bae McKay, 28, both former Maine residents, appeared separately before Lake County Superior Court Judge Stephen Hedstrom Tuesday afternoon, at which time they entered their not guilty pleas, according to Senior Deputy District Attorney Art Grothe.

Beasley and McKay are each charged with two counts of murder for the slayings last January of Yvette and Frank Maddox of Maine, who investigators said came to Lake County to work for Beasley in a marijuana growing operation.

The couple's bodies were found in early March off of Morgan Valley Road in Lower Lake.

Beasley and McKay also are facing special allegations of committing multiple murders in the first or second degree, committing the offenses with the intent to inflict great bodily injury on the victims and using a 9 millimeter firearm, with an additional special allegation that Beasley had a prior 2007 felony conviction in Maine for criminal threatening with a firearm.

Ukiah attorney Richard Petersen is McKay's attorney, while attorney Stephen Carter is representing Beasley.

Carter said Beasley is set for preliminary hearing on the morning of Jan. 18.

He said he is expecting a “longer than usual” preliminary hearing, with estimates in court on Tuesday putting the proceeding at between four and five days.

Grothe said McKay will appear April 5 for the setting of his preliminary hearing. McKay agreed to waive his time, while Beasley did not, which means Beasley's case will be expedited, Grothe explained.

In court last month, Grothe stated that, as currently charged, the men could face the death penalty or life without the possibility of parole if convicted.

He said Tuesday that the decision on how to pursue the case – either as capital murder or life in prison – will come later, likely after Beasley's preliminary hearing later this month.

Grothe also wants to confer on the case with new District Attorney Don Anderson, who was officially sworn in on Tuesday morning, before making that final determination.

Beasley and McKay remain in the Lake County Jail.

On Monday, the Kennebec Journal obtained a copy of an e-mail Beasley sent his grandmother, Charlotte Beasley, which it shared with Lake County News.

In the message, Beasley told his grandmother and his father that he was to be in court on Tuesday, and that “the charges should get dropped that day.”

He wrote, “I was in court a few weeks ago, some guy was here for 15 months and my lawyer got his charges dropped and he went home. I'm not stressed out about it and you should not worry. I'm innocent. This place falsely charges a lot of innocent people with out (sic) proof.”

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On Friday the U.S. Bureau of Labor Statistics reported that the unemployment rate fell by 0.4 percentage point to 9.4 percent in December, and nonfarm payroll employment increased by 103,000.

Employment rose in leisure and hospitality and in health care but was little changed in other major industries, the agency reported.

The Friday report showed that the number of unemployed persons decreased by 556,000 to 14.5 million in December, and the unemployment rate dropped to 9.4 percent. Over the year, these measures were down from 15.2 million and 9.9 percent, respectively.

Among the major worker groups, the unemployment rates for adult men (9.4 percent) and whites (8.5 percent) declined in December.

The unemployment rates for adult women (8.1 percent), teenagers (25.4 percent), blacks (15.8 percent), and Hispanics (13.0 percent) showed little change. The jobless rate for Asians was 7.2 percent, not

seasonally adjusted.

In December, the number of job losers and persons who completed temporary jobs dropped by 548,000 to 8.9 million. The number of long-term unemployed (those jobless for 27 weeks or more) was little

changed at 6.4 million and accounted for 44.3 percent of the unemployed.

The civilian labor force participation rate edged down in December to 64.3 percent, and the employment-population ratio was essentially unchanged at 58.3 percent.

The number of persons employed part-time for economic reasons (sometimes referred to as involuntary part-time workers) was essentially unchanged in December at 8.9 million. These individuals were working part-time because their hours had been cut back or because they were unable to find a full-time job.

About 2.6 million persons were marginally attached to the labor force in December, little different than a year earlier. These individuals were not in the labor force, wanted and were available for work, and had looked for a job sometime in the prior 12 months. The report said they were not counted as unemployed because they had not searched for work in the four weeks preceding the survey.

Among the marginally attached, there were 1.3 million discouraged workers in December, an increase of 389,000 from December 2009, the report explained.

The bureau said discouraged workers are persons not currently looking for work because they believe no jobs are available for them.

The remaining 1.3 million persons marginally attached to the labor force had not searched for work in the four weeks preceding the survey for reasons such as school attendance or family responsibilities.

Total nonfarm payroll employment increased by 103,000 in December. Employment rose in leisure and hospitality and in health care but changed little in other major industries.

Since December 2009, total payroll employment has increased by 1.1 million, or an average of

94,000 per month.

Employment in leisure and hospitality increased by 47,000 in December. Within the industry, job gains continued in food services and drinking places (+25,000). Since a recent low in December 2009, the food services industry has added 188,000 jobs.

In December, health care employment continued to expand, with a gain of 36,000. Over the month, job gains continued in ambulatory services (+21,000), hospitals (+8,000), and nursing and residential care facilities (+7,000).

Within professional and business services, employment in temporary help services continued to trend up in December (+16,000) and has risen by 495,000 since a recent low in September 2009.

Employment in retail trade changed little in December (+12,000). A job gain in motor vehicle and parts dealers (+8,000) offset a loss in health and personal care stores (-8,000). Employment in most other

service-providing industries changed little over the month.

In the goods-producing sector, mining employment continued to trend up in December, reflecting a job gain in support activities for mining (+5,000).

Manufacturing employment changed little over the month (+10,000). Following job growth earlier in 2010, employment has been relatively flat, on net, since May. Construction employment also was little changed overall in December (-16,000). Within construction, there were job losses in heavy and civil engineering (-13,000) and in residential building (-6,000).

The average workweek for all employees on private nonfarm payrolls held at 34.3 hours in December. The manufacturing workweek for all employees declined by 0.1 hour to 40.2 hours, while factory overtime remained at 3.1 hours.

The average workweek for production and nonsupervisory employees on private nonfarm payrolls increased by 0.1 hour to 33.6 hours.

In December, average hourly earnings for all employees on private nonfarm payrolls increased by 3 cents, or 0.1 percent, to $22.78, the report showed.

Over the past 12 months, average hourly earnings have increased by 1.8 percent. In December, average hourly earnings of private-sector production and nonsupervisory employees rose by 2 cents, or 0.1 percent, to $19.21.

The change in total nonfarm payroll employment for October was revised from +172,000 to +210,000, and the change for November was revised from +39,000 to +71,000.

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The district will receive a grant of just over $1 million and a loan of approximately $600,000 allocated by the U.S. Department of Agriculture’s (USDA) Rural Development program, according to Congressman Mike Thompson (D- St. Helena), who announced the funding Wednesday.

“This solar array system will meet all the energy needs for the water reclamation plant, reduce their reliance on fossil fuels and cut their green house emissions,” said Thompson. “These kinds of projects are a win-win situation; not only is it supporting green technology and jobs, but benefiting our environment.”

The Hidden Valley Lake Community Services District provides water, sewer and reclaimed water to approximately 7,000 residents in southern Lake County.

The district’s water reclamation plant is the largest source of energy demand in the area, requiring approximately 423,000 kilowatt hours which produces 123 metric tons greenhouse gas emissions annually.

The solar array system will ensure sustainable energy costs, cuts to greenhouse emissions and provide reliable sustainable service as the Hidden Valley Lake service area builds out.

“The district board and staff have worked long and hard to make this solar project a reality for the Hidden Valley Lake community, but it would not have become a reality without the continued support and advocacy of Congressman Thompson,” said Linda Herndon, president of the Board of Directors of the Hidden Valley Lake Community Services District.

Herndon added, “His advocacy for rural and less affluent communities has been consistent over the years and provided the critical opportunity for us to be heard in an arena where it really counts. As a result this project has been made possible.”

Visit the district online at www.hiddenvalleylakecsd.com/ .

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Christopher Sorenson Jr., 20, was struck by a vehicle traveling southbound on Highway 53 shortly after 2:30 p.m., according to a report from Clearlake Police Sgt. Tim Celli.

Clearlake Police investigating the crash found that Sorenson had apparently exited another vehicle near the intersection of Highway 53 and Dam Road after he saw a Ray's Food Place employee chasing an alleged shoplifter, Celli said.

Sorenson had decided to join the foot chase, Celli said. As Sorenson crossed the highway, he was struck by a Nissan SUV driven by 37-year-old Clearlake resident Shanti Gallon, who was traveling at about 40 miles per hour.

Celli said Highway 53's southbound lanes near the intersection were shut down for approximately an hour as the investigation took place.

Sorenson was transported to St. Helena Hospital Clearlake where he was treated for his injuries. Celli reported that Sorenson was in stable condition Tuesday evening.

The alleged shoplifting suspect that was being chased was not captured and has not bee identified, Celli said.

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“California is facing a huge deficit and it is necessary to find savings throughout all of government We all have to make cuts and I’m starting with my own office,” said Brown.

As part of the $7 million in cuts, Brown's office reported that is administration is returning 84 percent – or $650,000 – of the $770,000 allocated in the 2010 budget for his transition to the state treasury. His administration spent $120,000 on the transition.

The governor also is cutting spending in his office by 25 percent – $4.5 million – in the budget that will go the Legislature on Monday.

His budget also eliminates funding for the Office of the Secretary of Education. This will save the state $1.9 million.

To achieve the 25 percent savings in his own office, Brown is making cuts that include cutting his Washington, DC office staff and press and communications staff; eliminating the position of cabinet secretary and all deputy cabinet secretaries; eliminating the Office of the First Lady; closing the governor’s field offices in San Diego, Fresno and Riverside; and eliminating the Office of the American Reinvestment and the Recovery Act Inspector General six months ahead of schedule.

The 2010 Budget Act included a total of $18 million for the Governor’s Office. After the 25 percent reduction, the total Governor’s Office budget in 2011 will be $13.4 million.

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U.S. Sen. Barbara Boxer takes the oath of office in a reenactment ceremony in the Old Senate Chamber with Vice President Joe Biden and her husband, Stewart Boxer, on Wednesday, January 5, 2011. Photo courtesy of U.S. Senate Photo Studio.

LAKE COUNTY NEWS REPORTS – On Wednesday U.S. Sen. Barbara Boxer (D-CA) was sworn in for her fourth term as a United States senator.

Boxer took the oath of office at noon on the U.S. Senate floor.

Sen. Boxer later participated in a reenactment ceremony in the Old Senate Chamber with Vice President Joe Biden and her husband, Stewart Boxer.

She won reelection last year after a long and contentious campaign in which she battled with Republican senatorial nominee Carly Fiorina.

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Forty-six-year-old Samuel Campos of Oakland, Calif., was arrested for murder Monday for allegedly shooting his girlfriend to death while trying to kill their dog. Mendocino County Jail booking photo.

WILLITS, Calif. – Mendocino County officials arrested an Oakland man on Monday on suspicion of the killing his girlfriend while attempting to shoot their dog.

Samuel DeJesus Campos, 46, was arrested for murder following interviews with investigators, according to Capt. Kurt Smallcomb of the Mendocino County Sheriff's Office.

Smallcomb said authorities weren't releasing the name of the 40-year-old San Leandro woman who was the victim, pending the notification of next of kin.

The investigation began Monday morning when the Mendocino County Sheriff's Office received a report of a possible homicide that had taken place the night before at a residence north of Willits in the 29800 block of N. Highway 101, Smallcomb said.

Sheriff's deputies, along with Willits Police officers, responded to the location and found inside the residence a deceased woman who had suffered a gunshot injury, according to Smallcomb.

On Monday afternoon, sheriff's detectives and deputies, with the assistance of newly elected Mendocino County District Attorney David Eyster and personnel from his office, continued the

investigation into the shooting, Smallcomb said.

Smallcomb explained that law enforcement officials learned that Campos and the victim had been living together in a 40-foot camp trailer north of Willits.

At some point on Sunday evening Campos allegedly obtained a firearm and fired at least one round, which Smallcomb said struck the victim in the upper torso.

When sheriff's detectives and district attorney's personnel interviewed Campos on Monday, he stated that during the day on Sunday he and the victim had been involved in a domestic verbal argument regarding their dog accidentally being injured while Campos was playing with it, Smallcomb said.

Campos reportedly told detectives that the woman was lying in bed while holding the small injured dog on Sunday night. He allegedly decided to shoot and kill the dog and retrieved a handgun, according to Smallcomb.

While the victim was still holding the dog, Campos allegedly fired one shot, missing the animal. Smallcomb said Campos stated that he fired a second shot fatally, striking the victim.

Smallcomb said Mendocino County Sheriff's detectives are continuing the investigation into the incident.

Campos is being held in the Mendocino County Jail, with his bail set at $500,000, Smallcomb said.

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