Posted on Categories Habitats, Water, WildlifeTags , , , , , , ,

Landmark lawsuit settlement between environmentalists and state water boards strengthens Delta protections

California Sportfishing Protection Alliance, MAVEN’S NOTEBOOK

Three California environmental nonprofits secured a landmark settlement agreement with the California State Water Resources Control Board to uphold the common law Public Trust Doctrine and other legal protections for imperiled fish species in the Sacramento River and San Francisco Bay/Sacramento – San Joaquin Delta Estuary.

The lawsuit, filed in 2015 by the California Sportfishing Protection Alliance (“CSPA”), the California Water Impact Network (“CWIN”), and AquAlliance, brought sweeping claims against the State Water Board. It alleged that the agency’s management of the Sacramento River and San Francisco Bay-Delta displayed an overarching pattern and practice of:

failure to comply with the Public Trust Doctrine;
failure to implement Sacramento River temperature management requirements;
failure to ensure that fish below dams be maintained in “good condition”; and
acceptance of water quality below minimum Clean Water Act standards.

“The Water Board’s long-standing pattern and practice of inadequately implementing foundational environmental laws has brought the Central Valley aquatic ecosystem to the brink of collapse. This settlement agreement is a major step forward, compelling the State Water Board to fulfill crucial legal requirements it had previously ignored,” said Bill Jennings, CSPA Executive Director.

Read/download the full press release here

Source: https://mavensnotebook.com/2020/07/21/lawsuit-settlement-landmark-lawsuit-settlement-between-environmentalists-and-state-water-boards-strengthens-delta-protections/

Posted on Categories Agriculture/Food System, Forests, Habitats, Land Use, Water, WildlifeTags , , , , , ,

Sorax, the Ghost of Salmon Past, speaks at the Board of Supervisors in 2012 on the passing of the VESCO ordinance

I am a ghost of Coho Salmons past, once born and raised in Dutch Bill Creek below Occidental. My last reported sighting there was in the 1960’s. I speak for all salmon and wildlife species not able to attend your meetings.


Do you realize that as public servants and supposed stewards of the Russian River that it is the only river in California to have three listed Salmonid species: Coho, Chinook and Steelhead? That is three distinct species of unique, ancient animals. Shall I remind you that humans, all 6 billion of you, compromise only one distinct species, which at this point ought to be renamed “Homo consumous.”

We as salmon, as recently in our evolution as 150 years ago, used to live in peace with the humans of this land, and we co-evolved with the harbor seals and sea lions and our natal forested creeks. The abundance of our families was so great that your early pioneering families remarked “that we were so numerous” they could “walk on our backs.” This all changed with your arrival. In the last 100 years, or during the time of those 3rd, 4th & 5th generation families who so proudly and loudly exclaim in your newspapers to be stewards of the land, it was they who cleared this land of over 95% of its old growth forests, 95% of its riparian forests, drained 95% of its wetlands.

I ask you where are my friends the Grizzly, the Elk, the Antelope, the Marbled Murrelet? My Coho ancestors used to number 500,000 in California rivers and now our runs number less than 5,000, to as low as 1,000 individuals! We are nearing the brink of functional extinction simultaneously with such gloating of stewardship.

It is critical for all of you to recognize that, compared to the past, this land is actually in a highly degraded state. You all need to own up to the fact that your ancestors are indisputably responsible for the overwhelming genocide of the Pomo and Miwok peoples, the silvacide of the great forests, the soilacide (as your activities have eroded and compacted the once rich fertility) and the salmonicide (as I stand before you at the tail end of our existence). If you have the vision and courage, this can change, you can turn this around if you act in earnest now.

This erosion ordinance you pass today with its especially inadequate riparian setbacks is a feeble first step and leaves me with fear for my children, but a critical move in the right direction if you decide to take more steps and begin walking towards a future vision of ecological watershed integrity.

Remember, I am a fish of the forest. Without trees, my breeding streams fill with sediment, dry up due to lack of groundwater recharge and what water remains becomes lethally hot for my young. Every aspect of your development paradigm must be questioned and reevaluated with restorative criteria. You must question your roads, parking lots, housing, industrial, agricultural, logging and mining practices. We the salmon are dying from the cumulative impacts of your collective inabilities to think like a watershed. If we go extinct and fade from memory, so will you!

In closing, since my spawning gravels are so embedded with silt from the denuded, compacted hillsides, I want to offer each of you, as servants of the public trust, an egg of mine that hopefully will help your thoughts to incubate on taking the recovery of Totem Salmon seriously and birthing a new vision of a shared watershed commons for the sake of all our relations.

Thank you,

The Sorax, aka Brock Dolman, Director of the Water Institute at the Occidental Arts & Ecology Center.

Source: https://oaec.org/our-work/projects-and-partnerships/water-institute/

Posted on Categories WaterTags , , , , ,

Local coalition advances plan to remove Scott Dam on the Eel River, acquire Potter Valley Project from PG&E

Ryan Burns, LOST COAST OUPOST

n a major development for both water rights and the environment on the North Coast, an unlikely coalition of five regional entities today filed a plan with the Federal Energy Regulatory Commission (FERC) to take over the Potter Valley Project, a hydroelectric facility that diverts water from the Eel River.

For Humboldt County residents in particular, the plan is significant because it calls for the removal of Scott Dam, a 98-year old hydroelectric wall that has had major detrimental impacts to native migratory fish populations, including salmon and steelhead.

The five entities in the coalition known as the Two-Basin Partnership include the County of Humboldt, the Mendocino County Inland Water & Power Commission, the Round Valley Indian Tribes, California Trout and the Sonoma County Water Agency.

These groups have distinct and sometimes conflicting objectives for the water that’s at stake, with environmental interests clamoring for fisheries restoration while agricultural users in the Potter Valley and water agencies in the Russian River basin have their own uses in mind. Agricultural interests in the Potter Valley and upper Russian River basin want the water to irrigate their crops, primarily vineyards. Sonoma and Mendocino water agencies want it to supply their customers and meet their contract obligations.

“The glue that has held this two-basin solution together is that everybody has a heck of a lot to risk here,” Congressman Jared Huffman told the Outpost this morning. “Nobody has a slam dunk on what they want.”
Continue reading “Local coalition advances plan to remove Scott Dam on the Eel River, acquire Potter Valley Project from PG&E”

Posted on Categories Agriculture/Food System, Habitats, Water, WildlifeTags , , , , , , ,

Scott Dam slated for removal in plan by Sonoma County and partners to control hydropower project

Guy Kovner, THE PRESS DEMOCRAT

Enviro Updates: From the Eel River Action Plan 2016, by California Trout: “The Eel River is the third largest river entirely in California.The Eel River ecosystem, its salmon and steelhead populations, and other native fish and wildlife populations have been in decline for the past century and a half. It has been transformed from one of the most productive river ecosystems along the Pacific Coast to a degraded river with heavily impaired salmonid populations.”

A nearly century-old dam on the Eel River that impounds Lake Pillsbury is slated for removal under a $500 million proposal helmed by Sonoma County and four other regional partners seeking to take over from PG&E a remote but pivotal hydropower project in Mendocino County.

The coalition, including Mendocino and Humboldt counties, hailed the proposal as a milestone in their effort to meet the needs of all three counties, protecting water supplies for farmers, fish and communities, including a key source of supplemental water for the Russian River system that serves 600,000  customers in Sonoma and Marin counties.

The dam removal alone, a long-sought goal of environmental groups and fish advocates, would be the highest-profile project to improve habitat for imperiled North Coast salmon and steelhead in decades, perhaps behind only the dam removals planned on the Klamath River within the next two years.

“The good news is that Scott Dam is coming out,” said Scott Greacen, conservation director for Friends of the Eel River, a nonprofit that for decades has been pursuing removal to open up more than 300 miles of spawning habitat in the upper Eel. Due mainly to dams, water diversion and other development, the river’s salmon and steelhead “have paid a devastating price, going from a million fish a year to the brink of extinction,” he said.

The proposal, submitted Wednesday to federal officials, has also stirred passions among those dismayed by the prospective loss of a 2,300-acre recreational lake deep in the Lake County portion of Mendocino National Forest. Santa Rosa residents George and Carol Cinquini, who have held a cabin at Lake Pillsbury since the 1940s, are annoyed that the 450 homeowners, ranchers and small business owners in the lake community were excluded from the planning process.

“We tried to get our foot in the door,” said Carol Cinquini, vice president of the Lake Pillsbury Alliance, which was formed last year.

“We’re very upset,” said George Cinquini, an alliance board member. The reservoir, about two hours from Santa Rosa is a haven for water sports, and without it, Cinquini warned, Russian River flows will be diminished in dry years.

But North Coast Rep. Jared Huffman, D-San Rafael, who brought local shareholders together to chart the project’s future, said the proposal is the only way to guarantee a “really important water resource” for the Russian River.

The 98-year-old dam has long outlived its purpose, he said, and the coalition project, dubbed the Two-Basin Partnership, calls for habitat restoration “to rejuvenate one of our great salmon rivers in California.”

State Sen. Mike McGuire, D-Healdsburg, whose district stretches across both drainages, called for Lake County to be added to the partnership because Lake Pillsbury and most of the Eel River’s headwaters are in the county.

Read more at https://www.pressdemocrat.com/news/10960029-181/sonoma-county-backs-plan-to

Posted on Categories Habitats, Water, WildlifeTags , , , , , ,

Lawsuit challenges California’s failure to address State Water Project’s threat to Bay Delta, salmon runs

Center for Biological Diversity, MAVEN’S NOTEBOOK

Four environmental groups sued the California Department of Water Resources today over its approval of the long-term operation of the State Water Project, the massive system of dams, pumps and aqueducts responsible for siphoning water from Northern California to Southern California. The project approval also failed to analyze the environmental harms of building a new diversion tunnel to send water south.

Today’s lawsuit, brought by the Sierra Club, Center for Biological Diversity, Restore the Delta, and Planning and Conservation League, challenges the agency’s implausible conclusion that the project, which starves the San Francisco Bay-Delta of freshwater flows and has devastated most of the Delta’s native fish populations, will have no environmental consequences.

“It’s time for the state to be honest about the damage being done to the Delta ecosystem and our native fish by the unsustainable water diversions of the State Water Project,” said Jeff Miller, a senior conservation advocate at the Center for Biological Diversity. “We need increased freshwater flows to restore the Delta. The Department of Water Resources can’t pretend that diverting even more water under this project would be benign.”

Just weeks before the department approved the long-term operation of the State Water Project, it announced that it was pursuing the “One-Tunnel Delta Conveyance Project,” the latest version of the enormous tunnel that could increase the siphoning of Delta water. Although the tunnel would be part of the State Water Project, the department failed to consider the tunnel and its effects from water diversion in its environmental review.

“It’s bad enough that the department thinks the State Water Project has no environmental consequences,” said Kathryn Phillips, director of Sierra Club California. “But it’s completely absurd for the agency to separate the long-term operation of the State Water Project from the tunnel project, which it’s actively promoting as part of that long-term operation.”

In 2019 Gov. Gavin Newsom announced that he was abandoning the California WaterFix project, which would have created two 35-mile long, 40-foot wide tunnels to carry water south without passing through the Delta and nourishing its ecosystems. The Department of Water Resources has subsequently pursued a single tunnel project, but the smaller project still threatens further damage to salmon and other fish runs and the health of the Delta.

“Salmon, Delta smelt, farmers and towns all depend on the continued flow of fresh water into the Delta,” said Barbara Barrigan-Parrilla with Restore the Delta. “The state’s long-term plan for running the State Water Project just hides its determination to close the spigot.”

Source: https://mavensnotebook.com/2020/04/29/this-just-in-lawsuit-challenges-californias-failure-to-address-state-water-projects-threat-to-bay-delta-salmon-runs/

Posted on Categories Agriculture/Food System, Water, WildlifeTags , , , , , , ,

Op-Ed: Newsom is being played by Big Ag on Delta water

Editorial Board, SAN JOSE MERCURY NEWS

Governor must use best available science to protect California’s fresh water supply

He won’t admit it, but Gavin Newsom is being played by Big Ag interests as he tries fruitlessly to negotiate a truce in California’s water wars.

The governor’s apparent willingness to play into the hands of monied, agri-business players at the expense of the health of the Sacramento-San Joaquin River Delta remains the biggest mystery of his short tenure. It also threatens to trash his reputation as a strong protector of California’s environment.

The Delta supplies water for 25 million Californians, including about one-third of Bay Area residents. Scientists agree that allowing more, not less, water to flow through the Delta and west toward San Francisco Bay is essential for protecting fish life and providing a clean supply of drinking water for current and future generations. That means restricting pumping of water out the south end of the Delta into Central Valley farmland.

The governor has been trying for months to get the major urban and ag players to reach a voluntary agreement on water flows from the Delta. His stated goal has been to avoid the lengthy lawsuits that follow a state mandate. But on Dec. 10, the Fresno-based Westlands Water District, the largest agricultural district in the nation, threatened to pull out of the talks. Westlands General Manager Tom Birmingham said “it would be impossible to reach a voluntary agreement” if Newsom followed through on his November pledge to sue the Trump administration over the federal government’s plan to pump more water south to Central Valley farmers.

It’s the same strategy Westlands used in September to pressure the governor to veto SB 1. The bill would have established as state standards the federal environmental protections that existed before Trump became president.

SB 1 offered Newsom the tool needed to thwart the Trump administration. It might have also given the governor leverage to bring environmentalists and farming interests to the table to reach a voluntary agreement on Delta water flows. But the governor caved to Big Ag interests in hopes that they would work cooperatively on a negotiated deal. We see how well that strategy worked.

The question now is whether Newsom will capitulate again to agriculture interests by backing down on his promise of a lawsuit to block the federal government’s planned increase of Delta water diversions.

The governor has repeatedly made clear that he “will rely on the best available science to protect our environment.” That science is unequivocal.

In the same week that Newsom vowed to sue the Trump administration, the state released a draft environmental impact report based on “a decade of science and a quantitative analysis of best-available data on flows, modeling, habitat and climate change impacts.” The report made clear that the operating rules proposed by the Trump administration “are not scientifically adequate and fall short of protecting species and the state’s interests.”

The scientists in charge of the drafting the federal government’s environmental impact plan said much the same. That is, until the Trump administration got wind of the conclusions and promptly replaced the scientists. In short order, a new report emerged saying pumping an additional 500,000 acre-feet (one acre foot of water is enough to supply two households for a year) to the Central Valley wouldn’t hurt the Delta’s health.

The ball is in Newsom’s court. The governor should follow through on his lawsuit against the Trump administration and act on the best available science to secure California’s fresh water supply.

Source: https://www.mercurynews.com/2019/12/29/editorial-newsom-is-being-played-by-big-ag-on-delta-water/

Posted on Categories Agriculture/Food System, Habitats, Water, WildlifeTags , , , , , , , , ,

Work to continue on second half of Dry Creek restoration

Mary Callahan, THE PRESS DEMOCRAT

Overlooking water that was swiftly running through a broad channel that was mostly a patch of thick brush and trees until last year, local and federal officials and others on Monday marked the halfway point in a 13-year, $81 million fish habitat restoration project along Dry Creek.

In the past seven years, Sonoma Water and the U.S. Army Corps of Engineers have completed about 3 of the 6 miles of streambed they intend to rehabilitate and enhance to give endangered salmonid species that call the creek home a better chance to survive.

“This is, I think, one of the gems of our region and really a highlight project,” Army Corps Brigadier General Kimberly Colloton told those assembled.

As they toasted the conclusion of the final phase in the first round of projects at the edge of a Ferrari-Carano vineyard in Healdsburg, the two key partners approved an agreement committing to continued work on the effort.

But they have little choice. A 2008 biological opinion issued by the National Marine Fisheries Service required the two agencies to restore 6 out of 14 miles of Dry Creek. The work had to be done if they were to continue operating the Warm Springs Dam at Lake Sonoma for flood control and water deliveries to 600,000 consumers throughout Sonoma and northern Marin counties.

The order came in response to findings that water releases made since completion of the dam in 1984 were often at too high a velocity for juvenile fish to rest or feed adequately. Moreover, such fast-moving water further scoured and straightened out the streambed, exacerbating the problem.

The work they’ve been doing since is designed to spread the creek out, creating side- and cross-channels and dead-ended alcoves that slow the water down to a stop. They’ve added giant root wads, boulders, tree stumps and other woody debris to create places for small fish to hide and rest, and put in willows and other plants on the banks for shade.

Read more at https://www.pressdemocrat.com/news/9516210-181/work-to-continue-on-second

Posted on Categories WaterTags , , , , , , ,

CalTrout wants old Scott Dam on Eel River removed to help salmon and steelhead

Guy Kovner, THE PRESS DEMOCRAT

A state environmental group is calling for the removal of an old dam on the Eel River, contending it threatens the future of protected salmon and steelhead while acknowledging it is a key part of the North Bay’s water supply.

Scott Dam, a 138-foot concrete dam erected in 1922, is one of five aging dams California Trout asserts are “ripe for removal” to benefit their natural surroundings and communities.

The nearly 50-year-old nonprofit known as CalTrout said in its report, “Top 5 California Dams Out,” the Eel River represents “perhaps the greatest opportunity in California to restore a watershed to its former abundance of wild salmonids.”

Scott Dam, located in Lake County’s portion of the Mendocino National Forest, has been a longstanding target of other groups, including Friends of the Eel River, who want steelhead, coho and chinook salmon to swim freely within the 288 miles of habitat in the Eel watershed blocked by the dam.

The environmentalists see a “unique opportunity” to achieve their goal, as California’s largest utility PG&E, which has owned the dam as part of a small hydropower project since 1930, has filed Chapter 11 bankruptcy and abandoned plans to sell or seek relicensing of the project that diverts 20 billion gallons of water a year from the Eel to the Russian River at Potter Valley.

Eel River interests have considered the diversion a form of theft, while the water is critical to towns and ranches on the upper Russian River from Potter Valley to Healdsburg and part of the water supply for 600,000 residents in Sonoma and Marin counties.

How the future of the Potter Valley Project will play out over the next 18 months to two years is unclear, but it appears likely to result in either decommissioning or relicensing of the project, which includes a small powerhouse and two Eel River dams.

The bottom line is either PG&E or a new owner of the project may face a choice between paying more than $90 million for a fish ladder at Scott Dam or about $70 million to remove it.

Read more at https://www.pressdemocrat.com/news/9312399-181/state-environmental-group-wants-old

Posted on Categories Agriculture/Food System, Habitats, Water, WildlifeTags , , , , ,

CalTrout report lists old dams whose removal will free up salmonid habitat

California Trout

Announcing the release of CalTrout’s Top 5 California DAMS OUT Report highlighting five dams that are ripe for removal and that must, for the health of the ecosystem and communities around them, come out.

California has thousands of dams, from smallearthen barriers to large dams hundreds of feet tall. More than 1,400 of those dams are large enough to fall under state safety regulations. A great number of them provide critical water supply, flood control, and hydroelectric power. But many have outlived their functional lifespan and the ecosystem and economic benefits of removal far outweigh the cost of leaving them in place.

California Trout’s Top 5 California DAMS OUT Report highlights five dams that are ripe for removal and that must, for the health of the ecosystem and communities around them, come out. The five dams were selected by analyzing information found in several studies to assess the overall benefits that removing the dam would present to native fish, water, and people.

Read more at https://caltrout.org/2019/01/top-5-california-damsout-2019-report/

Posted on Categories Sonoma Coast, Water, WildlifeTags , , , , ,

PCFFA leads suit against State Water Board to protect salmon in the Water Quality Control Plan

Pacific Coast Federation of Fishermen’s Associations, YUBANET.COM

On Friday, Jan. 25, 2019, a coalition of environmental, fishing, and Native American groups led by the Pacific Coast Federation of Fishermen’s Associations (PCFFA) filed suit against the State Water Resources Control Board (State Water Board).

Plaintiffs demand that the State Water Board use its own recommendations based on science and environmental law to enact a Water Quality Control Plan protects fish in the Stanislaus, Tuolumne, and Merced rivers and in the main stem San Joaquin River blow their confluence.

These three tributaries of the San Joaquin River have historically supported vibrant runs of tens of thousands of Chinook salmon annually. Diversions of their waters by municipal water agencies, including San Francisco, and local irrigation districts over the past five decades have severely impacted those salmon runs, pushing them to the brink of extinction. The Water Quality Control Plan approved last month codifies what has heretofore only been a tacit approval of such diversions by the State Water Board.

In 2009, the California State Legislature adopted the Delta Reform Act to compel the State Water Board to take prompt action to save historic salmon runs. In 2010, the Board adopted the recommendations of a staff report which determined that, to save this public trust fishery, the San Joaquin River’s flows should be increased to a minimum of 60% of their historic (“unimpaired”) flows during the critical migration period of February through June.

On Dec. 12, 2018, the Board adopted minimum flow standards of just 40% of unimpaired levels on average, rather than the 60% average that its scientists showed was required to restore salmon runs.

PCFFA Executive Director Noah Oppenheim called Friday’s lawsuit, “a long overdue wake-up call that the State Water Board must now do its job to prevent the imminent extinction of this irreplaceable fishery. For decades this regulatory process has been captured by water agencies with no compunctions about hastening the end of salmon fisheries. Today salmon fishermen and fishing communities are raising their voice.”

Joining the PCFFA in filing suit are the North Coast Rivers Alliance and the Winnemem Wintu Tribe. All three agree that unless historic flows are restored immediately, the survival of the Delta’s salmon fishery is in jeopardy. A copy of the verified petition and complaint is here.

Their lawsuit alleges that the State Water Board’s failure to restore adequate flows in these rivers violates the federal Clean Water Act and California’s Porter Cologne Water Quality Act—which require protection of historic fish runs—and also the Public Trust Doctrine, which forbids the Board from allowing excessive diversions of water needed for the survival of the Delta’s salmon.

“Unless the Board is ordered to comply with the law and these flows are restored at the scientifically recommended levels, California’s salmon will never recover and the fishing families that bring the ocean’s bounty to the public will continue to suffer unjustly,” said Oppenheim.

Source: https://yubanet.com/california/pcffa-leads-suit-against-state-water-board-to-protect-salmon-in-the-water-quality-control-plan/