Water Education Foundation
This is just one post in the Delta Issues Category
Click here to view all posts

Friday’s top of the scroll: Wanger issues similar ruling for Delta smelt

Posted by: Maven on May 28, 2010 at 8:40 am

From the Fresno Bee:

“For the second time in nine days, a federal judge in Fresno has handed a victory to urban and agricultural water users who are seeking to increase pumping levels in the Sacramento-San Joaquin Delta.

Released late Thursday, U.S. District Judge Oliver W. Wanger’s 126-page decision involving the threatened delta smelt has many similarities to one issued last week on endangered salmon.

As in the salmon ruling, Wanger found that water officials must consider humans along with the delta smelt in limiting use of the delta for irrigation.

He also found that water users made convincing arguments that the federal government’s science didn’t prove that increased pumping from the delta imperiled the smelt.

Tom Birmingham, general manager of the Westlands Water District — which is deeply dependent on delta water — said that after the court’s finding related to the salmon management plan, he was “not surprised the court concluded the smelt [plan] suffers from the same defects.” … “

Continue reading from the Fresno Bee by clicking here.

From the Silicon Valley Mercury News:

” … In particular, Wanger said the U.S. Fish and Wildlife Service failed to take into account the size of the smelt population when it concluded how damaging pumping rates are to the fish.

Still, the judge expressed strong reservations about relaxing the pumping restrictions because of widespread agreement that pumping rates are harmful and because the Delta smelt are close to extinction.

A lawyer for an environmental group defending the restriction in court said he was disappointed.

“Ultimately, we believe that the science behind the biological opinions will be vindicated, and in the interim, we hope that the Court’s rulings won’t drive these species even closer to extinction,” said Doug Obegi, an attorney for the Natural Resources Defense Council. … “

Continue reading from the Silicon Valley Mercury News by clicking here.

May 28, 2010 · Filed Under Delta Issues, Wildlife & Endangered Species

Comments

Leave a Reply