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Salmon ruling could impact water deliveries

Posted by: Maven on April 23, 2008 at 6:16 am

From the California Farm Bureau Federation:

In a long-awaited decision, a federal court in Fresno found that a 2004 biological opinion by the U.S. Fish and Wildlife Service does not adequately protect sensitive fish populations when authorizing long-term operations of the state and federal water projects.

Environmental groups brought suit against the state and federal government, which operate the conveyance system that provide water to more than 25 million Californians and water to irrigate more than 9 million acres of food crops. The environmental groups said the biological opinions used to authorize operations of the State Water Project and the Central Valley Project don’t adequately protect winter-run and spring-run Chinook salmon, or Central Valley steelhead.

The California Farm Bureau Federation was among the organizations that intervened in the case on the side of the water projects and water users. The case is similar to the delta-smelt case, in which CFBF also intervened. The same judge, U.S. District Court Judge Oliver Wanger of Fresno, ruled last year that the biological opinion for the smelt also was inadequate. Water supplies from the projects have been reduced this year, as a result.

“The court has handed down a 151-page decision and we’re still going through it,” said Chris Scheuring, CFBF managing counsel for the Natural Resources and Environmental Division. “What this ruling will mean for our members is still being determined, but we do have the gist of it.

“Legally, there are a lot of moving parts. There will be another hearing next Friday (April 25) to address the critical question–do we need to do anything further to alter operations of the water projects in light of this ruling?”

Supplies have already been reduced because of last year’s ruling to protect delta smelt. The impact of this decision, Scheuring said, will depend on whether more water must be saved or released for salmon at additional times of the year.

Because of the judge’s earlier ruling on delta smelt and winter precipitation levels, Central Valley Project water deliveries stand at 45 percent of contracted amounts for agricultural customers, both north and south of the delta. State Water Project deliveries are at about 35 percent of requested amounts.

In addition, Metropolitan Water District of Southern California has required many farm customers to reduce water use by 30 percent. The reductions were made at a time when the overall Sierra snowpack stood at average or above-average levels. A dry April has reduced the snowpack closer to 80 percent of average.

“Among the matters addressed by Judge Wanger’s recent ruling is exactly what the new biological opinion to be prepared by the U.S. Fish and Wildlife Service will need to address,” Scheuring said. “That apparently now means revision to the old opinion’s provisions for survival and recovery of the species, critical habitat and global warming.”

There are important parts of the biological opinion that the judge did not find inadequate, Scheuring said. For example, the water temperature control point on the Shasta River.

“Everyone recognizes the need to assure a healthy delta, and to see that project operations respect endangered and threatened fisheries. But actions to benefit salmon and steelhead must be based on science that proves those actions will actually help the fish,” Scheurin said.

Unfortunately, endangered-species laws provide very little flexibility and the California water system has been stretched beyond its limits, he said. Supplies have already been reduced because of last year’s ruling to protect delta smelt.

“The impact of this decision will depend on whether more water must be saved or released for salmon or steelhead at additional times of the year,” Scheuring said. “It may be some time before that is determined, but the need to enact a comprehensive plan to fix the state’s water system is critical.”

He said Farm Bureau supports a plan that includes water storage projects that enhance the environment, provide for food production and meet new demands created by the state’s growing population.

(Kate Campbell is a reporter for Ag Alert. She may be contacted at kcampbell@cfbf.com.)

April 23, 2008 · Filed Under Delta Issues, Wildlife & Endangered Species

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