A daily compilation of significant news articles and comment
April 30, 2007
3. Watersheds
DELTA ISSUES:
Fish data ignored, groups contend; Environmentalists' lawyers say U.S. Fish and Wildlife approved pumping of Delta water despite dwindling smelt - Contra Costa Times
Tribe: Stagnant water tainting renewal rituals - Modesto Bee
DELTA ISSUES:
Fish data ignored, groups contend; Environmentalists' lawyers say
Contra Costa Times – 4/27/07
By Mike Taugher, staff writer
By disregarding that information, the U.S. Fish and Wildlife Service allowed farms and cities across the state to take water that was needed to help prevent the fish from going extinct, environmentalists contend.
The charge came during a court hearing in which environmentalists appeared to gain ground in their attempt to overturn a critically important permit that allows massive water-delivery projects near
Lawyers for state and federal water agencies contend the permit is valid and should be upheld.
The hearing Thursday was the latest in a series of fast-moving court actions that are eroding the legal foundation upon which California's major water-delivery systems are allowed to operate.
Earlier this month, a judge in Alameda County Superior Court ruled that the larger of the two water projects, the State Water Project, is operating illegally because it lacks smelt and salmon permits required under the state's endangered species law.
Sensing that they are likely to lose another lawsuit, lawyers for water agencies urged U.S. District Judge Oliver Wanger not to immediately revoke the permit for the operations of the state pumps and the federal Central Valley Project.
"We would not like to see these two projects turned into a criminal enterprise because of the lack of an endangered species permit," said Gregory Wilkinson, a lawyer for the State Water Contractors, an association of water agencies that deliver water from the state-owned pumps to 25 million people from the
Wanger hinted strongly that he would rule in favor of the environmental groups, but he added that he did not intend to do anything "draconian," perhaps signaling he would not immediately revoke the permit or order pumps to be shut down.
Nevertheless, a finding that the federal permit is inadequate would deal a major blow to state water officials who are trying to stave off a looming court order in the
"If he says this thing is invalid, it will be very embarrassing" to state water officials, said Trent Orr, a lawyer representing the Natural Resources Defense Council and other environmentalists in the lawsuit.
The state's plan to avert the shutdown is to get a determination from the state Department of Fish and Game that federal endangered species permits are sufficient.
But Fish and Game officials, who have said it will be difficult to endorse the federal permits because of widely acknowledged flaws, will have an even harder time if the federal permit is struck down.
"What does it mean to say this thing is consistent with something a federal judge has said is invalid?" Orr said.
Because of the phenomenal economic damage that would ensue, few believe the court actions will result in an extended cutoff of water deliveries. However, Thursday's hearing did appear to strengthen the hand of regulators if they want to obtain water for the Delta ecosystem that now goes to farms and cities.
Outside court, Wilkinson said state regulators could still endorse the federal permits. In part, he said, they appear to be working better this year because of adjustments in water operations. That could justify such a move on the part of state regulators, he said.
At the time the federal permit was issued in February 2005, biologists were circulating among themselves and to water managers information showing that Delta smelt and other fish in the Delta's open waters were in a worrying free fall.
And, they were reporting, the pumps were believed to be at least part of the cause of the emerging ecological crisis, along with invasive species and pollution.
Environmentalists also charged in the lawsuit that the permit did not take into account the future impact of climate change. And the permit relies too much on the discretion of agencies instead of imposing strict requirements to protect the fish, Orr argued.
Water agencies argued Thursday that the flexibility allows agencies to conserve fish while balancing competing demands for water.
But Wanger appeared skeptical.
"It appears that what has been done hasn't been effective, and therefore the answer is trust us?" he asked. "Is that what the law calls for?" #
http://origin1.contracostatimes.com/news/ci_5764443
Tribe: Stagnant water tainting renewal rituals
By Clea Benson, staff writer
But now, toxic algae blooms caused by stagnant water have polluted their rituals, tribal members say. Last year, one medicine man had to leave his camp in the midst of his prayers to be treated at a hospital for an ear infection, said Chook-Chook Hillman, a Karuk priest who was at the state Capitol on Friday.
Groups: River should flow flee
Members of the Karuk and Yurok tribes and a group of commercial fishermen stopped in Sacramento on their way to Omaha, Neb., to crash billionaire Warren Buffett's annual meeting next Saturday with shareholders of his company, Berkshire Hathaway. They want a Berkshire Hathaway subsidiary, PacifiCorp, to remove four hydroelectric dams it operates on the
A freely flowing river would improve water quality and help restore the dramatically declining salmon population, the tribes and fishermen believe.
"Mr. Warren Buffett has the opportunity to make right a lot of the wrongs that were done to native people on the
The effort to lobby Buffett is the latest step in a long-running disagreement between PacifiCorp and about two dozen groups, including the tribes, who oppose the dams.
The company's 50-year licenses to operate the dams are up for renewal by federal regulators.
The Bush administration has told the company it must build fish ladders that could cost hundreds of millions of dollars if it wants to keep the dams. A recent California Energy Commission study concluded it would be cheaper for the company to demolish the dams than to build the ladders.
At this point, PacifiCorp is simultaneously continuing its efforts to renew its federal licenses while considering taking out at least some of the dams.
Bill Fehrman, PacifiCorp's president, said Friday that the company has been trying to reach an agreement with 26 groups that have a stake in the health of the river.
"As long as a solution involves an outcome that respects our customers' rights and our property rights, we're OK with that," he said. "If that includes some dam removal, that would have to be part of a more global solution."
Over the decades, the river's salmon runs have declined because of dams, pollution and water diversions for agriculture.
Population of the fish dropped last year to almost the lowest levels in two decades.
The tribes say they are losing not only their livelihood and a food source, but also a vital part of their culture.
Meanwhile, the Karuk priests have started to bathe in small creeks rather than the
"All of us swam in that river growing up as kids," said Hillman, 22. "Now we tell the kids, 'Don't go in that water.'" #
http://www.modbee.com/local/story/13533547p-14137373c.html
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