A daily compilation of significant news articles and comment
October 2, 2008
3. Watersheds –
Lawsuit planned over steelhead
By Zeke Barlow
In the latest salvo in the battle over steelhead trout, an environmental group this week took the first step toward filing a lawsuit against the United Water Conservation District and the U.S. Bureau of Reclamation, claiming the water agency is not doing enough to protect the federally endangered fish in the
"We have to take decisive action now," said Nica Knite, program manager for California Trout, which filed a notice Monday that it planned to sue over the issue. The suit is not just about protecting the steelhead, but the entire river, she said.
The steelhead "is an indicator of the ecosystem health of the entire
Knite's group contends United Water hasn't done what was specified in a July document by the National Marine Fisheries Service, which regulates the management of the steelhead.
The biological opinion said the United fish ladder that goes around the Freeman Diversion doesn't work and the agency must fix it or build a new one.
It said actions are needed as early as this winter to help the fish get around the structure, which diverts water from the river to the Oxnard Plain.
United's general manager dismissed Knite's claims as well as parts of the biological opinion, saying the water district is doing all it needs to do to protect the fish.
"We are not going to be intimidated," Michael Solomon said. "We are going to protect the environment and do our responsibilities and protect our constituent's water supply."
Solomon said the ladder does work, and the reason only two steelhead have been seen going up it in the past 11 years is there isn't a significant fish population in the river.
"We believe the fish ladder works and if they are there, they can get up it," he said. "What it says to us is that the fish aren't there."
The Bureau of Reclamation was named in the lawsuit notice because it lent the money to United to build the ladder. Bureau officials were unavailable for comment.
Knite said the biological opinion states United needs to form a panel to figure out ways to make the ladder more effective this rainy season, when steelhead normally swim from the ocean and up freshwater streams to lay eggs. She said a number of things can be done to make the ladder more effective, including modifying the streambed at the entrance to the ladder.
But Solomon said United is convening a panel to determine if the ladder needs to be fixed. Only if the panel decides it is broken will United look at ways of fixing it, instead of building a costly new one.
"Don't replace the engine of the car when all you need is a spark-plug change," he said.
Knite argued the biological opinion clearly states the mission of the panel is to find immediate solutions, and United needs to act quickly before the rainy season.
"They may complain that they are moving forward, but they are not," she said. "The regulatory process is complete. There are directives, and you are not acting on them. You need to act on them to benefit the species."
Chris Yates, who oversees steelhead restoration in
It has unequivocally been determined the existing ladder doesn't work, he said.
United Water has spent a significant amount of time trying to prove that steelhead are no longer in the
The biological opinion said the river is one of the most important in
It also said a new ladder — which United estimates could cost $28 million to $60 million to build — needs to be constructed by 2011, a timeline United called unreasonable.
It will not be the first time California Trout has sued a water agency.
The Casitas Municipal Water District built a $9 million fish ladder on the
Knite said it's time to move forward and look at how to protect the steelhead in the
"The fat lady has sung, and the writing is on the wall," she said. "Eleven years is too long to allow this to go on, and we cannot stand for any further delays."#
http://www.venturacountystar.com/news/2008/oct/02/lawsuit-planned-over-steelhead/
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