CSPA Goes to War with Schwarzenegger over Delta Salinity Standards

CSPA Goes to War with Schwarzenegger over Delta Salinity Standards.

by Dan Bacher

The California Sportfishing Protection Alliance is going to war with the Schwarzenegger administration over its failure to comply with California Delta salinity standards in an evidentiary hearing in Sacramento on Thursday, June 25.

"The State Water Resources Control Board is again attempting to provide the Department of Water Resources (DWR) and U.S. Bureau of Reclamation (USBR) with a shield to protect the agencies from the law: in this case, DWR/USBR's 31-year failure to comply with salinity standards in the Delta," according to Bill Jennings, chairman of the California Sportfishing Protection Alliance. "Compliance with the salinity standards would also benefit fish."

The hearing takes place as the California Delta ecosystem is in its worst-ever crisis, due to massive water exports from the estuary to corporate agribusiness on the west side of the San Joaquin Valley that result in increased saltwater intrusion into the Delta. This increased salinity not only endangers Sacramento River Chinook salmon, Central Valley steelhead, Delta smelt, longfin smelt, green sturgeon and other fish populations, but threatens Delta farmers who depend on fresh water to irrigate their crops.

"In a sense, the hearing is not about DWR and USBR: it is about Governor Schwarzenegger's and the State Water Board's ability and willingness to enforce the law," emphasized Jennings. "It is about whether anyone can rely on the assurances, guarantees and promises to implement, comply with and enforce statutory and regulatory requirements."

Jennings said the answers are crucial considering the looming battles over the Bay Delta Conservation Plan, Delta Vision and peripheral canal. "If state agencies and boards cannot be trusted to comply with the law in this situation, what assurance can be relied upon that they will operate a peripheral canal in compliance with the law?" asked Jennings.

The Governor amped up his campaign to build a peripheral canal and more dams at a meeting and press conference in Mendota last Friday. Fishing groups, Delta farmers and principled environmentalists are opposing the canal because it would create the infrastructure to export more water out of the imperiled estuary and probably result in the extinction of Sacramento River Chinook salmon, Delta smelt, longfin smelt, Central Valley steelhead and green sturgeon, as well as the southern resident population of killer whales that depend on Sacramento River salmon as a major food source.

Delta salinity standards were first adopted in 1978, but have been "ignored and violated since adoption," according to Jennings.

When it became obvious that DWR/USBR would be exposed to citizen enforcement lawsuits when they failed to meet the latest 1 July 2009 deadline to “obviate the threat of noncompliance with interior southern Delta salinity standards,” they immediately appealed to the State Board to extend their compliance deadline, noted Jennings.

That deadline was included in the 2006 Cease and Desist Order issued by the State Water Board following a contentious hearing after years of delay and noncompliance. CSPA was a party to that hearing. Obligingly, the State Board rushed to schedule an expedited hearing.

"Thursday, the State Board begins the evidentiary proceeding to determine whether to extend the timeline," said Jennings. "CSPA, C-WIN, South and Central Delta Water Agencies and the County of San Joaquin are urging the Board to enforce the law. All submitted extensive testimony and exhibits. Attorney Michael Jackson is representing CSPA in this matter."

In contrast, DWR and USBR, bowing to corporate agribusiness interests, are pleading for the compliance schedule to be extended and submitted testimony and exhibits.

Westlands Water District (the Darth Vader of California water politics), San Luis Delta-Mendota Water Authority, San Joaquin River Group Authority, San Joaquin River Exchange Contractors, Stockton East Water District and Contra Costa Water District did not submit testimony and exhibits, but will offer policy statements and participate through cross-examination and rebuttal.

"CSPA will take part in this sham of a hearing and, if necessary, will litigate to protect water quality and hold Schwarzenegger's State Water Board accountable to the law," Jennings warned. "Enough is enough!"

While Arnold Schwarzenegger constantly flies around the state and country to grandstand in cynical photo opportunities about "green energy," his administration has done everything it can to engineer the collapse of Central Valley salmon, Delta smelt, longfin smelt and other Delta fish populations. His administration has relentlessly fought against all efforts by fishing, tribal and conservation groups to enforce state and federal fishery and environmental laws and has continually sided with Westlands Water District and corporate agribusiness on water issues.

For a more complete explanation of this issue, see the testimony of Bill Jennings, http://www.calsport.org/stateboard/CSPA-2JenningsTestimony.pdf, and the 9 June 2009 article on CSPA's website, http://www.calsport.org/6-9-09c.htm.