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[Water_news] 3. DWR'S CALIFORNIA WATER NEWS: WATERSHEDS - 2/26/08

Department of Water Resources

California Water News

A daily compilation of significant news articles and comment

 

February 26, 2008

 

3. Watersheds

 

DELTA ISSUES:

Guest Column: Smelt ruling lacks appeal — literally; Judge could have final say about Delta water flow - Marysville Appeal Democrat

 

LEGAL ISSUES:

Coho salmon focus of lawsuit - Redding Record Searchlight

 

WATERSHED FORUM IN SONORA:

Sonora hosts watershed forum - Sonora Union Democrat

 

 

DELTA ISSUES:

Guest Column: Smelt ruling lacks appeal — literally; Judge could have final say about Delta water flow

Marysville Appeal Democrat – 2/26/08

By Thomas Elias, writes on California politics and other issues

 

It may be the oddest legal situation seen in California in a generation. A federal district judge makes a decision that could adversely affect tens of millions of people and businesses, but no one files an appeal.

This is truly man bites dog, the very definition of news, but hardly anyone appears to have noticed. For in modern California, almost every significant court ruling gets appealed. When Charles Keating is convicted of defrauding thousands of his savings and loan customers in a Ponzi-like scheme and the evidence against him is overwhelming, he appeals and his state conviction is overturned on a technicality. When a court rules the Pledge of Allegiance is perfectly legal, a parent who doesn't like it appeals and a higher court upholds the complaint. The examples are almost endless.

It's almost as if the operative rule in legal circles were simply that you never run out of appeals until you run out of money.

But when Senior U.S. District Court Judge Oliver Wanger of Fresno ruled last year that the big pumps which take water from the south end of the delta formed by the convergence of the Sacramento and San Joaquin rivers must reduce their take by about one-third for almost six months per year, no one even questions it. This, despite the fact it means less water for the San Francisco Bay area, Southern California and every farm served by either the State Water Project or the federal Central Valley Project.

Immediately, farmers began talking about fallowing fields and cutting down fruit trees because there would be insufficient water to keep all their fields and orchards green. Cities talked of reviving the "drought police" who cited profligate lawn watering in previous droughts. Los Angeles Mayor Antonio Villaraigosa exhorted his constituents to use 10 percent less water. Gov. Arnold Schwarzenegger floated a plan for new dams and reservoirs and talk of a Peripheral Canal around the delta revived after no politician dared touch the subject for more than 25 years.

But no one talked about an appeal. Why?

For one thing, there's the reputation of Judge Wanger, a jurist whose decisions are rarely overturned by higher courts.

 

For another, there's the fact that his ruling, aimed at protection of the endangered minnow-like delta smelt, appears to rest on solid legal ground. And for a third, some of the people bleating loudest are likely to benefit from this in the long run.

The law on this — the often controversial Endangered Species Act — is clear and has stood for almost 35 years since that greenest of Republican presidents, Richard Nixon, signed it in 1973. If it can be shown that the pumping kills smelt, whose threatened status no one has seriously questioned, something has to be done to try to bring its numbers back.

Never mind that plenty of experts believe other invasive species, toxic runoff from farms and other land uses, wastewater dumping and the obsolete system of managing the overall delta water scene are all at least as responsible for the plight of the smelt as any pumps. The pumps are highly visible and can be shut down, at least in part, while it's tough to screen out predator fish and waste dumpers.

So when a judge has to do something, he goes for what he can control.

No one seriously affected really objects. Environmental groups have no problem with the decision because they don't want any species anywhere to die out. Business interests also don't mind much.

Their reasons are a bit more complex. But the fact is that no one has managed to significantly expand California's water supply since the last reservoir in the State Water Project opened while Ronald Reagan was governor.

A drought, even a manmade one, might prove very useful to large farms, water districts and others who want more water storage in California, both because of the lower Sierra Nevada snowpacks expected to result from climate change and to facilitate more population growth and housing development.

They reason (but not for the record) that water shortages, whatever the cause, just might dent public consciousness enough to win passage of some of the water system expansions now under discussion in Sacramento.

Environmentalists, thinking similarly, reason that a drought of whatever origin might accelerate the process of fixing the delta, where levees are no longer considered reliable in earthquakes and salt water intrusions threaten water quality and the long-term survival prospects of many other fish besides the smelt.

So there's a convergence of facts and interests here, one that no one involved likes to discuss.

The result is that the most significant federal court decision in California in decades goes essentially without challenge, while untold numbers of appeals are filed in far less important cases. #

http://www.appeal-democrat.com/articles/elias_60748___article.html/lacks_ruling.html

 

 

LEGAL ISSUES:

Coho salmon focus of lawsuit

Redding Record Searchlight – 2/26/08

 

Environmental groups filed a lawsuit Monday against the state Department of Fish and Game, in an effort to get the agency to overturn logging regulations adopted in December.

 

The groups -- which include the Environmental Protection Information Center, Sierra Club and California Trout -- contend that the regulations don't do enough to protect coho salmon. The lawsuit was filed in the San Francisco Superior Court.

 

The sea-run fish are protected by the state's Endangered Species Act and found in the north state's Trinity and Klamath rivers. #

http://www.redding.com/news/2008/feb/26/coho-salmon-focus-lawsuit/

 

 

WATERSHED FORUM IN SONORA:

Sonora hosts watershed forum

Sonora Union Democrat – 2/25/08

 

The California Statewide Watershed Advisory Committee will host the last of four San Joaquin River Hydrologic Region Forum meetings in Sonora Tuesday.

 

The public forum will be from 6:30 to 8 p.m. at the Sonora City Fire Department, 201 S. Shepherd St.

 

California Resources Agency Secretary Mike Chrisman has tasked the Department of Conservation with changing CALFED's Bay-Delta Watershed Program into a wider reaching, statewide effort.

 

The CALFED Bay-Delta Program is a collaboration among 25 state and federal agencies that work to improve California's water supply and the ecological health of the San Francisco Bay and Sacramento-San Joaquin River Delta.

 

The majority of the state's water runs through the Delta and into aqueducts and pipelines that distribute it to 25 million Californians throughout the state, making it the single largest and most important source of water for drinking, irrigation and industry.

 

"Through local conversations, we hope to learn what support is needed to help steward natural resources in each watershed," said Teri Murrison, advisory committee member and Tuolumne County Supervisor. "This important information will help construct an effective collaborative statewide watershed program to undergird local efforts."

 

Advisory committee members from the state's 10 hydrological regions are leading an extensive outreach process to help with the transition. They represent local government, agriculture, resource managers and other groups.

 

"Needs, conditions and capacities differ significantly by hydrological region, geography and political boundary, Murrison said. "The more we hear about each region's unique qualities and needs, the better program we'll have."

 

The San Joaquin Hydrologic Region contains eight major tributaries plus the Stanislaus, Tuolumne, Merced, Calaveras and Mokelumne rivers.

 

It includes all of Calaveras, Tuolumne, Mariposa, Madera, San Joaquin and Stanislaus counties, most of Merced and Amador counties and parts of Alpine, Fresno, Alameda, Contra Costa, Sacramento, El Dorado and San Benito counties.

 

Forums have already been held in Los Banos, Modesto and Oakhurst. For more information, go online to http://www.conservation.ca.gov or call Teri Murrison at 928-1965. #

http://www.uniondemocrat.com/news/story.cfm?story_no=25871

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