Members of Congress Seek Answers on Delta Fish Decline

UNITED STATES CONGRESS
FOR IMMEDIATE RELEASE: Thursday, May 12, 2005
CONTACT: Tom Kiley (Miller), 202-225-2095

MEMBERS OF CONGRESS SEEK
ANSWERS ON DELTA FISH DECLINE

WASHINGTON, D.C. – Members of Congress from California and Arizona today called on state and federal agencies to explain their actions in the face of drastic declines in fish populations of the San Francisco Bay and Delta region, the west coast’s largest estuary.

Such a decline could signal severe ecological and economic consequences throughout California and undermine major water reforms designed to protect the region.

Recent reports indicate that the Sacramento-San Joaquin Delta’s fish populations up and down the food chain are in precipitous decline, including threatened delta smelt, young striped bass, threadfin shad, and copepods.

Yet public statements from the state and federal officials charged with maintaining this fragile and critical ecosystem demonstrate uncertainty as to their understanding of the causes of this crisis. In addition, although scientists at the agencies have described the potential of an ecosystem-wide collapse as “scary,” none of the relevant agencies have sufficiently explained their actions to date.

Sixteen members of Congress – including Rep. George Miller (D-CA-Martinez), author of the historic 1992 Central Valley Project Improvement Act, House Democratic Leader Nancy Pelosi (D-CA-San Francisco), and Rep. Grace Napolitano (D-CA-Norwalk), senior Democrat on the House Water Subcommittee – sent the letter today to Interior Secretary Gale Norton and California’s Resources Secretary Michael Chrisman, asking them to explain when they first became aware of the problem, how the agencies under their watch had responded, and why Congress was not warned of the problem when the critical data first became available.

The lawmakers advised in their letter that “any number of actions affecting the Bay and Delta have been allowed to go forward with the assumption that those actions could coexist with a recovering ecosystem and improved fish populations. If such assumptions are no longer operational, we may need to rethink those actions.”

In sending the letter today, Miller said: “This issue is bigger than whether individual species are thriving or not: California’s water supply for households, farmers, fishermen, boaters, and the environment depends on a healthy Delta ecosystem. The agencies need to explain what they knew and when they knew it, and if there’s a problem, we need to see a plan to fix it.”

In 2004, Congress approved a federal-state water plan, known as Cal-Fed (H.R. 2828), to providing federal funding to achieve compromises among water users, environmental needs, and the concerns of other stakeholders. Today’s letter notes that better information about the Delta is vital to maintain confidence in that process and in the operations of the state and federal departments.

Below is the full text of the letter, including all 16 signatories.

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May 12, 2005

Dear Secretary Norton and Secretary Chrisman:

The goal of California water policy for over a decade has been to put "policy before plumbing"; in order to ensure financial and environmental viability, that is, we must develop sound policy before multi-billion dollar investments are made. But the present Delta ecosystem crisis strongly suggests that current policy is as deeply troubled as the Delta itself, putting those investments at risk.

Disclosure of an "ongoing crisis" in the health of the Sacramento-San Joaquin Delta necessitates an immediate and comprehensive response by state and federal officials.1 Reports indicate that the Delta's fish populations up and down the food chain are "mysteriously collapsing," including threatened delta smelt, young striped bass, threadfin shad, and copepods. In addition to impacts on commercial fisheries, the decline of the fish populations of the San Francisco Bay and Delta region - the West Coast's largest estuary - could cascade into serious economic consequences throughout California.

Congress passed the CalFed bill last year for the express purpose of providing federal funding to achieve compromises among water users, environmental needs, and the concerns of other stakeholders. Any number of actions affecting the Bay and Delta has been allowed to go forward with the assumption that those actions could coexist with a recovering ecosystem and improved fish populations. If such assumptions are no longer operational, we may need to rethink those actions.

We are deeply troubled that the agencies under your watch did not provide Congress with any timely warning of this problem, although data were evidently available for some time indicating that species were in decline. Press accounts indicate a great deal of uncertainty as to your agencies' understanding of the causes of this crisis, or what you intend to do in response. An official from the Metropolitan Water District is quoted in one article as saying that "it's quite apparent that we don't know what's going on in the Delta." Such observations do not generate a great deal of confidence in the operations of your departments or in CalFed itself.

When did your agencies first become aware of this crisis? Please provide all relevant communication that would explain why this story was first made public by the press, rather than through official communications.

What steps have you taken to date? Press accounts seem to indicate that official actions have not reflected these significant scientific concerns. Please provide documentation of any actions taken in response to the data showing the declines in the Delta's fish populations. Your response should include internal and intra-agency communications, as well as any communications between your agency and water users, their representatives, and other stakeholders.

Given the substantial state and federal financial investments in the CalFed program, it is incumbent on you to demonstrate that you are responding appropriately to the potential of an ecological disaster, not only through the CalFed process but under other statutory authorities, including the Endangered Species Act, the Central Valley Project Improvement Act, and the Clean Water Act.

As the relevant House Appropriations bills are likely to be under consideration by the end of this month, please provide your responses before May 23, 2005.

Sincerely,

GEORGE MILLER NANCY PELOSI ELLEN O. TAUSCHER
GRACE F. NAPOLITANO MIKE THOMPSON HENRY WAXMAN
JUANITA MILLENDER-McDONALD TOM LANTOS
MICHAEL M. HONDA RAÚL M. GRIJALVA LOIS CAPPS
LYNN C. WOOLSEY SAM FARR BARBARA LEE
HILDA L. SOLIS FORTNEY PETE STARK

Copies of the letter were also sent to:

Director Patrick Wright, California Bay-Delta Authority; Commissioner John Keys, Bureau of Reclamation; Director Lester Snow, Department of Water Resources; Director L. Ryan Broddrick, Department of Fish and Game; Acting Director Matthew Hogan, US Fish & Wildlife Service; California Congressional Delegation; Senator Sheila Kuehl; Senator Michael Machado; Assemblymember Lois Wolk; and the Association of California Water Agencies.


http://www.house.gov/georgemiller