This is a site mirroring the emails of California Water News emailed by the California Department of Water Resources

[Water_news] 5. DWR'S CALIFORNIA WATER NEWS: AGENCIES, PROGRAMS, PEOPLE - 9/5/07

Department of Water Resources

California Water News

A daily compilation of significant news articles and comment

 

September 5, 2007

 

5. Agencies, Programs, People -

 

Aspiring to be America's greenest city

State commitment helps Sacramento rank No. 2 in energyefficient office space. -

Sacramento Bee

 

Editorial: A judge's landmark ruling roils Delta waters

Could ruling to protect smelt drive foes to the table to agree on restoring the Delta? -

Sacramento Bee

 

No Nevada water for nuclear dump

A federal judge rules against Energy officials, who say they need 8 million gallons to continue work on the Yucca Mountain site. -

Los Angeles Times

 

Ranchers sue ACID over water cutbacks -

Redding Record Searchlight

 

++++++++++++++++++++++++++++++++++++++++++++++++=

 

Aspiring to be America's greenest city

State commitment helps Sacramento rank No. 2 in energyefficient office space.

Sacramento Bee – 9/5/07

By Mary Lynne Vellinga - Bee Staff Writer

 

Green is the new black, and everyone wants to take a turn on the runway.

 

Sacramento is no exception. Its municipal leaders aspire to create the nation's greenest city -- a title also being pursued by cities such as Chicago and San Francisco.

 

"Our goal is to become the most sustainable city in America," said Sacramento City Councilman Rob Fong.

 

If that seems a tad ambitious, keep in mind Sacramento has a heavyweight helper in its quest: the state of California.

 

The California Environmental Protection Agency headquarters downtown was the first office building in the nation to earn the platinum rating from the U.S. Green Building Council, which developed the widely used Leadership in Energy and Environmental Design rating system to measure a building's energy efficiency.

Gov. Arnold Schwarzenegger now mandates that new state office buildings at minimum qualify for a LEED silver rating.

 

Developers submitting bids on a 1.4 million-square-foot state office complex in the works must not only meet the silver standard, but also show their buildings will produce 10 percent of their own power with solar panels or through some other method, said Anne Cavanagh, a project manager with the state Department of General Services.

 

"That's a new thing for the state," Cavanagh said.

 

A Bee analysis of data from the U.S. Green Building Council found that Sacramento has the second-largest quantity of LEED-certified office space in the nation with 4.3 million square feet, the bulk of it in state-occupied buildings.

 

Sacramento trails only Chicago, which has been showered with media attention for Mayor Richard M. Daley's quest to go green.

 

Chicago, where high-rises seem to sprout almost daily, has 5.2 million square feet of LEED-certified space.

 

San Francisco has 1.1 million square feet; Los Angeles, 1.85 million.

 

"Being the state capital is a big advantage," Fong said.

 

Being near the University of California, Davis, also gives the area a boost as a potential center of green technology, said city leaders. In addition, the Sacramento Municipal Utility District is considered a leader in promoting solar power and renewable energy.

 

"We've got some progressive utilities, and we've got a great climate for solar," said Jim Bayless, president of Treasure Homes, which is finishing a development of 32 energy-efficient, solar-powered homes in South Natomas.

 

Like many cities, Sacramento is working on its own sustainability plan to reduce the city's energy use and contribution to global warming. Sacramento also requires that new city buildings meet the LEED silver threshold.

 

City staff members are drawing up a list of incentives to encourage green building by private sector developers. Another possibility: an enterprise zone for green technology companies.

 

One of the first steps the city took was to have its greenhouse gas emissions certified by the California Climate Action Registry, said Keith Roberts, a senior engineer in the city's General Services Department who is responsible for keeping track of the city's energy use.

 

The city of Sacramento was responsible for 63,000 metric tons of greenhouse gas emissions in 2005, a decrease from the prior year but still a 16 percent increase over 1990, Roberts said.

 

Sacramento's goal is to reduce its greenhouse gas emissions to 25 percent below 1990 levels by 2030, Roberts said. Schwarzenegger has issued an executive order calling on local governments to lower their carbon emissions 80 percent below 1990 levels by 2050, he said.

 

Roberts has cobbled together a draft "climate plan" with proposed programs to achieve this goal. He figures they would cost about $850,000 a year.

 

He has yet to win approval from the City Council. "I'm trying to get consensus now that this is what we should be doing," he said.

 

At this point, the city's sustainability efforts rank somewhere in the middle of what municipalities around the country are doing, said David Gottfried, who originally developed the LEED rating system and now works as senior vice president for sustainable development at Thomas Properties Group, which manages the Cal-EPA building.#

http://www.sacbee.com/101/story/360985.html

 

Editorial: A judge's landmark ruling roils Delta waters

Could ruling to protect smelt drive foes to the table to agree on restoring the Delta?

Sacramento Bee – 9/5/07

 

For years, anyone watching the Sacramento-San Joaquin Delta has known that a smack-down was looming over endangered smelt. These tiny fish, a bellwether for the ecosystem, have declined over the last decade while water exports from the Delta have been rising.

 

The Endangered Species Act gives judges wide latitude in curtailing government operations that prompt the extinction of a species. And while the smelt and other Delta fish appear to face a variety of threats -- including invasive species, water pollution and loss of habitat -- it's hard for a judge to overlook the impact posed by the massive state and federal pumps that move water through the Delta.

 

That day of judgment has now arrived. On Friday, U.S. District Judge Oliver Wanger issued a landmark ruling that could significantly reduce the 1.9 trillion gallons of water pumped annually through the Delta, largely to Southern California and the San Joaquin Valley. Although Wanger didn't go as far as environmental groups had hoped in restoring flows to the estuary, he issued an order that could fundamentally alter the day-to-day transport of water in California and the ways it is contracted to irrigators and other water users.

 

It's hard to overstate the impact of this ruling. For the first time, the most crucial valve in California's plumbing apparatus has fallen under control of the federal courts. Moreover, this takeover isn't the work of some activist judge. Wanger in the past has issued decisions favorable to irrigators.

 

This time those irrigators and government lawyers failed to convince Wanger that the smelt weren't being sucked toward a perilous fate. "The evidence is uncontradicted that these project operations move the fish," the judge said from the bench Friday.

 

The question now is how the state and federal governments will respond to Wanger's ruling, which limits pumping from the Delta from December to June. An initial review by state officials suggests these restrictions could reduce overall water deliveries south of the Delta by as much as 35 percent.

 

But Wanger also called for increased monitoring of young and old smelt, as a way to inform decisions about pumping. That means that the ruling's full impact might not be known until winter, when water managers put the order into effect.

 

Whether or not the outcome is "devastating" to the state's economy, as Gov. Arnold Schwarzenegger warned Friday, it should send a jolt of electricity into discussions about how to fix the Delta and use water more efficiently. The current agenda needs to focus not just on possible fixes that will take years, such as a peripheral canal, but on ones that would have more immediate benefits for the Delta.

 

As an advisory panel recently recommended, the state can and should move immediately to restore marshlands and reduce invasive species that are threatening the Delta's native fish. There also may be interim ways to move water through the Delta that minimize the fish-sucking impacts of the pumps.

Meanwhile, everyone who uses water south of the Delta should brace for some uncertain years. The state's water future is now in the hands of the courts and the weather. The forecast is cloudy, with a high likelihood of lawyers.#

http://www.sacbee.com/110/story/360479.html

 

No Nevada water for nuclear dump

A federal judge rules against Energy officials, who say they need 8 million gallons to continue work on the Yucca Mountain site.

Los Angeles Times – 9/5/07

By Ralph Vartabedian- Staff Writer

The Energy Department's controversial plan to build a nuclear waste dump in Nevada was trumped by Western water law Tuesday, when a federal judge rejected the agency's demand for 8 million gallons of water that state officials have refused to release.

Energy officials said they needed the water to drill test holes at Yucca Mountain, the site about 90 miles north of Las Vegas where the government wants to store about 70,000 metric tons of high-level nuclear waste from across the nation.

President Bush and Congress approved the site in 2002, but a series of legal and political setbacks has stalled the project -- and raised questions about when and if the dump will open.

In a stinging rebuke Tuesday, U.S. District Judge Roger L. Hunt denied an injunction sought by the Energy Department against Nevada, saying the department had made contradictory arguments that had no merit and were not supported by federal law.

"The validity of Western states' groundwater rights and the right to regulate water in the public interest is not a right to be taken lightly, nor is it a right that can cavalierly be ignored or violated by a federal agency," Hunt said in his 24-page opinion.

Hunt said Energy officials had acted with "arrogance" and possibly misled Bush when they said Yucca Mountain was suitable to store radioactive waste.

Energy spokesman Allen Benson said the department had just received the ruling and would have no immediate comment.

"It was a very strongly worded opinion," said Joseph R. Egan, a nuclear energy attorney representing Nevada. "The judge has very strongly telegraphed that DOE has no case whatsoever."

Without access to millions of gallons of state-controlled water, the Energy Department's only option may be to truck in water over long distances, placing another burden on the project and starting another activity that state officials could block.

The water fight between federal and state officials has been raging since the project's outset, when the state engineer first denied water permits to build at Yucca Mountain. The engineer recently denied permits for significantly more water as the federal government increased the number of holes it said it needed from about 15 to more than 80.

Hunt said agency officials had waffled on why they needed to drill so many holes.

Nevada officials contend the government's increased drilling was part of the "site characterization" -- a step crucial to assessing whether radioactive waste can be stored safely there.

If so, the federal government is in trouble. All site characterization was supposed to have been completed in 2002, when Energy officials said Yucca had met its criteria as a suitable site.

If the drilling program is essential to understanding the site and eventually getting a license, then "it would appear that the DOE misled Congress and the president," Hunt said.

Energy officials deny that the drilling is part of site characterization, but Hunt wrote: "Its own documents contradict that argument."

Robert R. Loux, executive director of the Nevada Agency for Nuclear Projects, said the ruling was important because it prevented federal officials from collecting data that would be crucial to any future license application to build the dump.

Loux said the Energy Department ultimately would need sweeping exemptions from federal environmental, health, water and transportation laws to move forward with the dump.

Energy officials said they would file an application to build the dump next year.#

http://www.latimes.com/news/nationworld/nation/la-na-yucca5sep05,1,5612340.story?coll=la-headlines-nation&ctrack=6&cset=true

 

Ranchers sue ACID over water cutbacks

Redding Record Searchlight – 9/5/07

By Tim Hearden – staff writer

ANDERSON -- Water cutbacks in 2004 could land a local water district in court next month.

 

The Anderson Cottonwood Irrigation District is being sued by a customer, Churn Creek Bottom residents Bill and Maudie Gregory, over the district's curtailment of irrigation water in anticipation of a new contract with the U.S. Bureau of Reclamation.

 

In the lawsuit, the couple assert irrigation cutbacks were a breach of their contract with ACID and have damaged their cattle ranch, where they have tried to maintain 28 acres of pasture.

 

The district's failure to restore services to earlier levels will cause the Gregorys to "suffer continuing deterioration of their pasture and property from the lack of water, such that their ongoing cattle operation, livelihood and real personal property will continue to be damaged," the lawsuit states.

 

The suit originally named the board and former general manager Dee Swearingen as defendants, then added current general manager Stan Wangberg after he replaced Swearingen in late 2005.

 

Bill Gregory and his Red Bluff attorney, Todd Bottke, declined to comment about the lawsuit, which is set to go to trial Oct. 23 in Shasta County Superior Court.

Michael Connerley, the Sacramento attorney representing ACID, said the Gregorys are still receiving twice the amount of water stipulated in his contract.

 

"That's our position," he said. "It's based on measurements that have been taken by the current general manager."

 

Connerley said the two parties have a settlement conference scheduled for Monday.

"The parties are working hard to resolve it," he said.

 

The lawsuit, filed in October 2005, followed a crackdown on water usage that sparked anger among dozens of residents in the Churn Creek Bottom area. In 2004, Swearingen began to strictly hold residents to the district's long-standing formula of one hour of irrigation for each acre being watered.

 

The crackdown was in anticipation of the district's Bureau of Reclamation contract, which gives the district 121,000 acre-feet of water annually rather than the 165,000 acre-feet it had received before. An agreement on the new 40-year contract was reached in the summer of 2004.

 

Bill Gregory, president of the Shasta County Cattlemen's Association, ran unsuccessfully in 2001 against Brenda Haynes for the ACID's seat serving the Churn Creek Bottom area. Haynes is now board president.

 

"Bill Gregory's claim just has absolutely no merit and it appears to be just harassment against the irrigation district," Haynes said. "We all suffered a bit that summer, but he's the only one who chose (to sue). ... I find it shameful that he would do this to our irrigation district."#

http://www.redding.com/news/2007/sep/05/ranchers-sue-acid-over-water-cutbacks/

 

 

 

 

 

 

No comments:

Blog Archive