Department of Water Resources
A daily compilation for DWR personnel of significant news articles and comment
November 20, 2008
1. Top Items -
Supporters of delta smelt lose legal bid to cancel water deals
The
'Historic' Dam Removal
Mt. Shasta
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Supporters of delta smelt lose legal bid to cancel water deals
The
By John Ellis
A federal judge on Wednesday rejected a request by environmentalists that could have slowed the flow of water from the Sacramento-San Joaquin Delta to agricultural interests to the south.
The 92-page ruling by U.S. District Judge Oliver Wanger is the latest in a case involving the tiny delta smelt, which environmentalists say is facing extinction largely because of reduced water coming into the delta, and from increased pumping.
The environmentalists wanted Wanger to cancel long-term contracts for more than a dozen west-side water districts that get water from the delta.
But Wanger's ruling said that it would be pointless to renegotiate the contracts to help the smelt, because the U.S. Bureau of Reclamation already has the ability to stop water deliveries to the affected districts to satisfy requirements of the Endangered Species Act.
The districts -- which include the James Irrigation District, centered on the town of
It also likely sets a legal precedent for nearby water districts with similar contracts that the environmentalists didn't challenge. That includes the massive Westlands Water District on the Valley's west side.
Wanger also wants more information before ruling on more than two dozen other contracts that the environmentalists challenged.
Those contracts involve districts that have rights to
The complicated legal wrangling on the Sacramento River contracts ultimately could result in not only less water for Westlands and other west-side districts, but also could hurt water districts on the
Wanger wants the Bureau of Reclamation and the
That could affect how much water is available to help the smelt.
Besides that, every drop of water they're entitled to under historic claims means less potential water for districts south of the delta. Among them: the San Joaquin River Exchange Contractors Authority, which represents owners of 240,000 farmland acres in Fresno, Madera, Merced and Stanislaus counties on the San Joaquin Valley's west side.
Unlike water users such as Westlands, the exchange contractors have historic rights to
If the contractors' supply of delta water is reduced, the contractors could turn to their historic San Joaquin rights, which could mean less water for the Valley's east side, including for the Friant Water Users Authority.
The
The problem, he ruled, is that the bureau relied on a key opinion that he has invalidated regarding the effects of the Central Valley Project on the smelt.
That part of the ruling heartened environmentalists.
Wanger scheduled a Dec. 3 hearing to discuss the next steps involving the
'Historic' dam removal decision
Mount Shasta Area Newspapers – 11/19/2008
By Charlie Unkefer, Staff Writer
An Agreement in Principle was reached last week that could lead to the eventual removal of four dams along the
The nonbinding AIP involving PacifiCorp, the Federal Government, the State of California and the State of Oregon was announced during a teleconference last Thursday, Nov. 13. It is the initial phase of a process, which, if it follows its charted path, could see the removal of
The AIP provides a framework for establishing transfer of the dam from PacifiCorp to a government designated Dam Removal Entity, as well as setting up a time line for signing the final agreement. Feds, states, and PacifiCorp join in US Secretary of the Interior Dick Kempthorne, along with Oregon Governor Ted Kulongoski, California Secretary for Resources Mike Chrisman, and PacifiCorp CEO Greg Abel announced during last week's teleconference that he was operating under a directive from President Bush "to find a collaborative solution" for the Klamath River that makes sense for PacifiCorp and doesn't pit one interest group against another.
Kempthorne further stated that, "This is an historic announcement and the culmination of years of hard work from the numerous negotiators from the Federal Government and the states of California and Oregon, and PacifiCorp representatives, who have worked toward a common goal of how best to protect the uniqueness of this region."
He continued, noting that, "We have agreed to a path forward that will protect fish, PacifiCorp customers and the local cultures and communities in the two-state
At the core of the AIP is a sentiment that seeks to heal old wounds and promote a pragmatic approach to managing the river for all its users, while allowing one of the greatest salmon river systems in
"We can remove dams, restore the fishery, and have prosperous farm communities all in the same basin," asserted Yurok chairperson Maria Tripp. "We are proud to see PacifiCorp joining our effort to provide long term stability to all of the
A further endorsement of the proposal was uttered by Luther Horsley of the Klamath Water Users' Association. "PacifiCorp is making a private property rights decision," explained Horsley. "We support this agreement as part of a larger plan to provide water and power security to local irrigators."
Also emphasizing the surge in cooperative spirit was PacifiCorp chairman and CEO Greg Abel, who noted, "…this is exactly the type of approach PacifiCorp takes every time we sit down to the settlement table. This flexible framework ensures that our customers will be protected at every step along the way, while remaining consistent with our strong commitment to respecting the environment. We will continue to work diligently with everyone at the table, including the irrigators, environmentalists, the tribes and all local elected officials with the goal of reaching a final dam removal agreement that is in the economic interests of PacifiCorp customers."
Both California Governor Arnold Schwarzenegger and Oregon Governor Ted Kulongoski also spoke of the historic precedent that, if allowed to run its full course, will stand as one of the largest projects of its kind ever.
"Today's announcement is the first step in what would be the largest dam removal project ever in history that
Judging from the tone of Thursday's announcement, it would be easy to presume that the removal of
The first goal set by negotiators is a round of talks, working towards a final dam resolution agreement. The deadline set for this is June 2009. The AIP then places the onus upon the federal government to scientifically assess the costs and benefits of the dam removals, with the federal government making a final determination by March 31, 2012 as to whether the benefits of the project will justify the costs. This decision will stem from engineering and scientific studies conducted by state, local, and tribal governments and other stakeholders, upgrading the program to a "binding agreement."
At that point, the federal government would then designate a non-federal dam removal entity to dismantle the dams or decline to remove the dams, at which point PacifiCorp will return to the Federal Energy Regulatory Commission for relicensing. If, however, all moves forward as tentatively outlined, removal of the four dams in question, three of which lie in
Like
Secretary Kempthorne said, "We all have those images of what happened in the Klamath… Nobody wants to see those images occur again. We were motivated to find a solution because we've seen how bad it can be. Nobody wanted to say, "It's beyond our abilities to solve this."
In a statement released by the White House, President George W. Bush said the non-binding agreement for removing four dams along the
Though the current plan has united many and may, ultimately, bring peace to a region beleaguered by feuding and infighting, not all are happy. Some lament the loss of what they see as the clean and reliable energy provided by the four dams, and others cite concerns over the possibility of flood damage that occur if and when the dams come out.
While no solution is going to make everyone happy, it appears that the recent proposal has galvanized more support than any other to date and with that comes the promise of healing. #
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