Department of Water Resources
A daily compilation for DWR personnel of significant news articles and comment
May 22, 2009
1. Top Items–
New suit filed in delta smelt dispute
The
Farmers challenge Delta smelt protections
The
State gets stimulus money for water projects
The Associated Press
Federal dollars flow to state water projects
The San Francisco Chronicle
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New suit filed in delta smelt dispute
The Fresno
By John Ellis
A conservative legal organization waded into the delta smelt controversy Thursday, claiming in a lawsuit that the federal government has no constitutional authority to oversee the endangered fish.
The lawsuit -- filed in U.S. District Court in
The Sacramento-based foundation's suit also argues that a smelt management plan issued in December -- which has resulted in a reduction of water deliveries to west side farmers and urban users in the Bay Area and Southern California -- fails to show how the pumping reductions from the Sacramento-San Joaquin Delta would benefit the smelt, and did not take into account the economic effects of the ruling.
The foundation sued both the U.S. Bureau of Reclamation and the state Department of Water Resources. The lawsuit seeks to invalidate the smelt management plan, and asks the federal courts to "retain jurisdiction over this matter until such time as defendants have fully complied with the U.S. Constitution [and] the Endangered Species Act."
"The federal government is imposing a depression on
He said it is a "policy that puts people behind fish" and is "flat-out unconstitutional."
But environmentalists say the Pacific Legal Foundation's arguments are based on legal issues already decided by the nation's federal courts.
"This claim has been considered and rejected by at least four courts that I am aware of, and probably more," said Greg Loarie, an attorney for the environmental group Earthjustice.
In a 1981 decision, Loarie said, the courts found that the Endangered Species Act was a valid use of congressional power under the U.S. Constitution's commerce clause. A 2005 ruling cited case law to reach a similar conclusion, he said.
The lawsuit comes a day before arguments are scheduled before U.S. District Judge Oliver W. Wanger on an effort by the Westlands Water District and the San Luis & Delta-Mendota Water Authority to stop the federal government from enforcing the new smelt management plan.
That plan -- known as a biological opinion -- was written after Wanger invalidated an earlier draft because he found it was flawed and violated the Endangered Species Act.
The updated plan led to the water reductions and the lawsuits by Westlands and the Pacific Legal Foundation.
Made public in December by the U.S. Fish and Wildlife Service, the smelt plan governs water pumping operations by the state Department of Water Resources and U.S. Bureau of Reclamation. The two agencies operate massive pumps near
Environmentalists said water diversions have pushed the delta smelt to the edge of extinction.
This year, the Westlands Water District expects to receive 10% of its contracted federal water allotment.
"We're really fighting for our lives right now," said Larry Easterling, a pistachio grower and owner of King Pistachio Grove, which is one of the plaintiffs. "If you take water from us, we are out of business." #
http://www.fresnobee.com/local/story/1420737.html
Farmers challenge Delta smelt protections
The Sacramento
By the Bee Staff
Three farmers on Thursday filed suit in federal court in
Represented by Sacramento-based Pacific Legal Foundation, the farmers claim the U.S. Fish and Wildlife Service violated the Constitution by imposing limits on Delta water diversions to protect the fish.
The argument centers on the commerce clause in the Constitution, which requires an effect on interstate commerce to trigger regulation. The plaintiffs, all
In addition, they claim the wildlife service did not follow procedure in adopting the new smelt rules in December 2008.
Those rules were revised in response to another lawsuit.
The farmers' lawsuit joins about a dozen others now entangling efforts to restore the Sacramento-San Joaquin Delta and its wildlife. #
http://www.sacbee.com/ourregion/story/1883534.html
State gets stimulus money for water projects
The Associated Press – 5/21/09
By Noaki Schwartz
LOS ANGELES -- The U.S. Environmental Protection Agency is awarding
The state Water Resources Control Board would get $280 million and the California Department of Public Health $159 million, largely to fund wastewater treatment and drinking water projects, officials said Thursday.
The money is part of $6 billion set aside for similar infrastructure projects across the country under the Recovery and Reinvestment Act of 2009. At least 20 percent of the funds must be used for environmentally innovative projects.
The
The first deal was cemented Thursday with the city of
Other cities and agencies poised to sign some of the larger contracts include the city of
Barbara Evoy, water resources deputy director, said state officials intend to move the money quickly to get jobs created.
"This money has been a wonderful infusion of cash for the state of
http://www.fresnobee.com/384/story/1420260.html
Federal dollars flow to state water projects
The San Francisco Chronicle – 5/22/09
By Kelly Zito
The money, in the form of grants, subsidies and low-interest loans, is expected to spur hundreds of new water infrastructure projects as well as jump-start those stalled by California's budget disaster, state and federal officials said.
The U.S. Environmental Protection Agency Thursday awarded $280 million to the State Water Resources Control Board's Clean Water State Revolving Fund program for wastewater treatment, pollution control and estuary management projects.
The state Department of Public Health's Drinking Water State Revolving Fund program received $159 million for drinking-water infrastructure improvements.
The award is one slice of the $6 billion in water system improvement funds contained in President Obama's American Recovery and Investment Act of 2009 -
The money comes with a catch - about 20 percent of it must go toward conservation, green infrastructure and energy-efficiency projects. In addition, the agencies will strongly favor "shovel-ready" projects because funds not used by February will disappear.
Top priority
Top priority will go to projects in disadvantaged communities - where the population makes 80 percent or less of the state median household income.
"This money is wonderful for those communities that don't have the ability to pay back those loans," said Barbara Evoy, deputy director of the State Water Resources Control Board. "The jobs they need in those areas are extra important, and we're very happy to solve a water-quality problem as well as help in job creation."
The size of projects vying to receive grants or loans runs the gamut - from $8,000 to install water meters in the Adams Springs Water District in
Downstream in
If completed as scheduled next summer, the sanitation equipment and pipelines will deliver about 700 acre-feet of recycled wastewater annually to a golf course and five city parks (1 acre-foot is equal to about 326,000 gallons).
The region must recognize that it makes little sense to water lawns with drinking water from
"We've turned the corner - we're now putting the 'waste' in wastewater in quotes, because we don't want to waste it any longer."
Dozens of other projects around the Bay Area maintain different goals.
In
Reducing sediment
Ecologists in
The Marin Conservation Corps' effort was halted after California officials froze billions of dollars worth of water-quality and habitat-restoration projects late last year as a result of the state's financial crisis.#
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/05/22/BA9117ORCF.DTL
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