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Fresno judge tapping into state’s looming water crisis; “In essence Judge Wanger has become water master to the state of California forever”, says commentary

Posted by: Maven on December 16, 2008 at 8:33 am

From the San Bernardino Sun, this commentary by Ralph E. Shaffer, professor at Cal Poly Pomona, and R. William Robinson, director of the Upper San Gabriel Valley Municipal Water District:

Rain and snowfall may have been a little light in the last few years in California but the drought that may hit the state this week won’t be due to a lack of precipitation. It will be a court-ordered drought emanating from a judge’s chamber in Fresno where Judge Oliver Wanger is about to rule on a multitude of issues involving water projects and endangered species.

At stake are water exports to Southern California and Central Valley farmers and protection of fish habitat. While there has been popular support for protecting the crashing delta smelt fish population, the public may balk if Wanger threatens the state’s economic vitality by causing a more massive reduction in pumping.

Evidence before the court includes the usual suspects in a water case. But some new characters have also slipped in, including the Zebra and Quagga mussel species. As usual the court’s issues include the problem of polluted agriculture water return flows, inadequately treated sewage, unpredictable changes in water temperature/salinity, and long-term climate variability all complicated by local encroachment and urban development in the delta itself.

An important litigation milestone will occur this week when judge Wanger rules on the state’s request for a permit to regulate the flows of the State Water Project which have been reduced up to 30 percent recently. Regardless of the judge’s decision on the new permit, we predict an immediate challenge by the same interests that initiated the legal action that curtailed the pumps some 21 months ago. In essence Judge Wanger has become water master to the state of California forever.

Read more of this commentary in the San Bernardino Sun by clicking here.

December 16, 2008 · Filed Under Uncategorized

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