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/

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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 Habitats, Land Use, WaterTags , ,

California adopts new wetland protections as Trump administration eases them

Kurtis Alexander, THE SAN FRANCISCO CHRONICLE

California water regulators adopted a far-reaching plan Tuesday to prevent more of the state’s creeks, ponds and wetlands from being plowed or paved over, a move that comes as the Trump administration scales back protections under the federal Clean Water Act.

The new state policy targets the rampant spread of suburbia and agriculture across California’s watery landscapes, areas that have become increasingly sparse yet remain important for drinking water, flood protection, groundwater recharge and wildlife.

The regulation, to the chagrin of many industry groups, establishes strict rules for virtually any human activity that could disrupt the natural flow of water, like farming, home building and highway construction, on public and private property.

While the policy has been in the works for more than a decade, its adoption by the State Water Resources Control Board puts it in front of the Environmental Protection Agency’s proposed rollback of the Clean Water Act, ensuring that California is largely insulated from any new latitude that Washington provides for watershed development.

Read more at https://www.sfchronicle.com/science/article/California-adopts-new-wetland-protections-as-13736056.php

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/

 

Posted on Categories UncategorizedTags , , , , , , ,

Russian River "Low Flow E.I.R." 

RUSSIAN RIVERKEEPER
In 2003 Riverkeeper engaged residents and activists in the Lower Russian River when the public learned about plans to drop the summer flows in the river by up to 80%.
In 2008, the Russian River Biological Opinion (RRBO) was approved by NOAA Fisheries in order to mitigate negative impacts from the operation of the two Army Corps dams, water supply operations and flood control activities. The RRBO section titled “reasonable and prudent alternatives” stated that salmon would benefit if we cut summer flows by 70% in an attempt to improve estuary conditions for juvenile salmon by maintaining a closed estuary. The rationale was that lower flows would help maintain a closed estuary but over the last several years it is clear that goal will be difficult to meet due to natural ocean conditions.
At that time, Riverkeeper stated that cutting flows would increase nutrient concentrations and end up harming juvenile salmon in the estuary by growing too much algae, which affects dissolved oxygen levels. Fast forward to last summer and we had flows in the 70 cubic feet per second range that is close to the proposed 70% reduction and we had our first ever toxic algae outbreak that killed at least two dogs.
At the same time, our understanding of fish population dynamics supported by many fishery biologists is that food production in the river above the estuary would be negatively affected by cutting flows by up to 70%.
The Draft EIR was released from the Sonoma County Water Agency in mid-August. Read the EIR here.
Russian Riverkeeper is concerned with likely water quality problems if flows are allowed to stay below 100cfs throughout the summer months. One of our goals is to ensure water saved from reduced flows is not put up for sale but reserved to mitigate potential water quality impacts.
The comment period for this Draft EIR ended on Friday, March 10.  The Sonoma County Water Agency now will read all the comments and questions, and will reply to all of them.  They hope to have the Final EIR done by the end of 2017.  Then it goes to the State Water Resources Control Board for final approval.
Click here to read Russian Riverkeeper’s protest letter to the State Water Resources Control Board:   RussianRiverKeeper Protest Pet12497a 9Mar17
Source: Russian River “Low Flow E.I.R.” | Russian Riverkeeper

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

Environmental groups ask California officials to save endangered fish in San Francisco Bay Estuary from extinction

Water Maven, MAVEN’S NOTEBOOK

With the critically endangered Delta smelt on the brink of extinction, Defenders of Wildlife, the Natural Resources Defense Council (NRDC) and The Bay Institute today called upon the State Water Resources Control Board (SWRCB) to issue emergency regulations and release the fresh water the smelt need to survive. Water is currently being diverted away from key waterways that feed the San Francisco Bay Estuary, depriving the fish of essential freshwater flows and limiting its chances of survival.
Click here to read the 12-page letter to the State Water Board.
Following are statements from Defenders, NRDC, and The Bay Institute:
Kim Delfino, California program director for Defenders of Wildlife: “Decades of state and federal agencies’ mismanagement of the San Francisco Bay Estuary, compounded by several years of drought, is causing catastrophic harm to wildlife in the estuary. The Delta smelt is circling the drain because this iconic estuary has been starved of water. We are calling on the State Water Resources Control Board to comply with its legal obligations and save this fish before it is gone forever.”
Kate Poole, Water and Wildlife Project director for the Natural Resources Defense Council: “The Delta smelt is the canary in the coal mine for the San Francisco Bay-Delta estuary, and its condition indicates that the estuary is suffocating. Water agencies failed to heed the urgent call of biologists to keep more fresh water flowing through the Delta this summer to revive the ailing habitat. Now it’s time for the State Water Board to step in and stave off extinction of the first in a long line of imperiled Delta species, including native salmon, steelhead and sturgeon.”
Gary Bobker, Rivers and Delta program director at The Bay Institute: “It’s shocking enough to realize that what was once the most common resident fish of the San Francisco Bay Estuary is now the rarest, because of decades of mismanagement that the drought has only made worse. It’s unthinkable to contemplate that the Delta smelt may go extinct this year because state and federal officials continue to fail to act on the science that shows that providing a small portion of the flow that once sustained this species – and many others now in decline – could help prevent that from happening. This unique species’ fate is in the hands of the State Water Board now.”

Read more at: MAVEN’S NOTEBOOK – Water news

Posted on Categories Sustainable Living, WaterTags , , , ,

Mandatory water savings may soon be over for most Sonoma County residents

Guy Kovner, THE PRESS DEMOCRAT

Santa Rosa will maintain the other aspects of its water conservation program, including rebates for water-saving devices, and will “continue to ask our customers to keep up their efficient water use behavior,” Burke said.

For most Sonoma County residents, the days of strict water savings mandates could be over by summer, a result of brimful reservoirs and a dramatic shift this week in state water conservation rules.
Santa Rosa and five other Sonoma County water providers should be excused from state-ordered water-saving standards as soon as next month under California’s updated conservation campaign, tailored for the first time to match regulations to the reality of regional water supplies, officials said Friday.
With the region’s two major reservoirs nearly full from above-average rainfall, six local agencies that serve more than 340,000 customers meet the new requirement for demonstrating a sufficient water supply over a three-year period under drought conditions.
“It’s good news,” said Brad Sherwood of the Sonoma County Water Agency, the water wholesaler that serves the local agencies. “Our Russian River water supply system is not in a drought condition.”
The water agency released calculations this week showing that the local water suppliers can balance water demand and supply over three more dry years, thereby gaining exemptions from the conservation standards imposed 10 months ago by the State Water Resources Control Board. In addition to Santa Rosa, the affected municipal systems include Petaluma, Rohnert Park, Windsor, Sonoma and Valley of the Moon Water District.
Local water suppliers that cannot meet demand will be assigned water-savings targets equal to their shortfall, according to the revised conservation program adopted by the water board on Wednesday.
“It does appear we have an adequate water supply for the next three years,” said Jennifer Burke, deputy director of water resources for Santa Rosa.
Read more at: Mandatory water savings may soon be over for most Sonoma County residents | The Press Democrat

Posted on Categories Sustainable Living, WaterTags , , ,

State Water Board adopts ‘stress test’ approach to water conservation regulation

MAVEN’S NOTEBOOK
The State Water Resources Control Board today adopted a statewide water conservation approach that replaces the prior percentage reduction-based water conservation standard with a localized “stress test” approach that mandates urban water suppliers act now to ensure at least a three year supply of water to their customers under drought conditions.
Recognizing persistent yet less severe drought conditions throughout California, the newly adopted emergency regulation will replace the Feb. 2 emergency water conservation regulation that set specific water conservation benchmarks at the state level for each urban water supplier. Today’s adopted regulation, which will be in effect through January 2017, requires locally developed conservation standards based upon each agency’s specific circumstances.
These standards require local water agencies to ensure a three-year supply assuming three more dry years like the ones the state experienced from 2012 to 2015.  Water agencies that would face shortages under three additional dry years will be required to meet a conservation standard equal to the amount of shortage. For example, if a water agency projects it would have a 10 percent supply shortfall, their mandatory conservation standard would be 10 percent.
Read more at: MAVEN’S NOTEBOOK – Water news