The PCL Insider: News From The Capitol

HEY RECKLESS DRIVER, MAY I SEE YOUR LICENSE?

If a homeowner knowingly kills endangered species without a permit, you can bet that the judge won't be too happy. So what happens if the California Department of Water Resources does the same?

That's exactly what the California Sportfishing Protection Alliance has asked the Alameda Superior Court to find out.

In October, the fishing group filed a lawsuit against the Department of Water Resources (DWR) after Department officials admitted that they did not have a permit that would allow the killing of endangered species at the massive State Water Project pumps in the South Delta. Scientists have identified DWR's pumping as a factor in the collapse of aquatic Delta species populations over the last five years. The suit requests that DWR change operations to not harm endangered fish, obtain the required permit, or show why it is exempt from compliance with the California Endangered Species Act.

Last year, at a hearing led by State Senator Michael Machado, DWR officials acknowledged that the permit had never been obtained but claimed it was unnecessary due to an ill-defined "patchwork" of agreements that "grandfathered" the State Water Project into compliance over a decade ago. The California Department of Fish and Game, which oversees the permitting process, has never officially requested that DWR apply for a permit.

Last Friday, Alameda Superior Court Judge Frank Roesch held the first hearing in the case. Roesch has instructed the parties to prepare additional information, including an elaboration of DWR's "grandfathering" argument, and return to court next month. He hopes to finish the trial by the end of the year.

Because the California Endangered Species Act requires full mitigation for loss of endangered species, DWR would likely need to reduce pumping levels and institute additional environmental programs if it applied for a permit today.

Instead, DWR and the U.S. Bureau of Reclamation have been pushing forward with plans to increase pumping from the Delta through the SDIP and "Intertie" projects as well as the FERC re-licensing process which determines upstream reservoir operations. The future of these projects is uncertain given the possible illegality of DWR's current operations.

The lawsuit comes at a time when more science is emerging about the role of water exports in the collapse of the California Delta ecosystem.

In late October, researchers at the 2006 CALFED Biennial Science Conference presented new data linking water exports to the precipitous decline in populations of several aquatic species in the Delta, including the endangered Delta smelt.

Professor Bill Bennett of the Bodega Marine Laboratory demonstrated how high levels of export pumping in the last five years appear to have devastated the ability of most endangered Delta smelt to reproduce successfully. The only smelt larvae that survive to adulthood are those spawned during a short period of reduced pumping late in the spawning season. These late-season fish are smaller and less resilient to other environmental stressors such as modified salinity levels and expanding populations of invasive species.

Other presentations at the CALFED conference pointed to strong correlations between pumping conditions that reverse the natural direction of water in South Delta channels and destruction of Delta smelt at the pumps.

In spite of these latest scientific findings, DWR has not committed to make any changes in pumping operations that may increase the likelihood of the species' survival.

We'll keep you posted on DWR's spotty driving record and their explanation for the missing license. It's bound to be a road full of adventures. 

Click here for an AP Newswire article on the fishing group's lawsuit.

DELTA VISION COMMITTEE EYES OFFICIAL LAUNCH

Join us on Monday for the first official public meeting of the Delta Vision Process!

With a growing consensus that current management of the California Delta is unsustainable, Governor Schwarzenegger and the California Legislature have launched a new effort to establish future management policies. The Delta Vision Process will explore scenarios for the Delta in 50, 100 and 200 years, analyzing potential risks such as climate change and levee failure, and propose methods to balance competing demands on the estuary.

The Delta Vision Committee, composed of public agency heads, will receive input from a Blue Ribbon Task Force and a stakeholder group and present a set of findings and recommendations to the Governor and the Legislature by December 2008.

We plan to be active participants to ensure that any future plans provide stronger protection for the environment and public health and all Delta residents have the opportunity to participate in decisions that affect their natural surroundings.

The Delta Vision Committee will have its first meeting on Monday, November 27, 2008 from 10:30 a.m. to 12:30 p.m. in the Resources Building Auditorium, 1416 Ninth Street, Sacramento.

Click here for more information or contact mmcintyre@pcl.org.