We are being lied to!

Assembly Member Patterson Accuses NRDC and Governor’s Office of Bias

By Laurie Greene, Editor

 

We are being lied to,” declared Jim Patterson, who represents the 23rd Assembly District in the California State Assembly since 2012, at his recent drought forum in Clovis.

“I have come to the conclusion there is a power structure led by the Natural Resources Defense Council (NRDC), the governor’s office and in the bureaucracies,” Patterson explained. “They are not telling us the truth. They do not abide by their own agreements, and they have a bias against the very water technology and the water systems that have made California a ‘Golden State’. They are biased against dams, reservoirs and conveyance, and every time I turn around, I find another example.”

Jim Patterson, California Assembly Member

Jim Patterson, California State Assembly Member

“We need to have regulatory relief from the State of California in order to build Temperance Flat (a proposed dam project on the San Joaquin River) and its conveyance systems and to build the improvements at Shasta Dam and Reservoir and at Sites Reservoir,” said Patterson.

“And yet,” he continued, “I know for a fact that we are not going to get that regulatory relief. Nevertheless, the governor and this legislature have given that very same regulatory relief to the Kings’ Basketball Stadium in Sacramento (Golden 1 Center) and to two big NFL football stadiums in the state.”

To build water saving and conveyance systems, Patterson expects to face a gauntlet of litigation from the NRDC. “Though we have tried over and over again, unsuccessfully, to get the California Environmental Quality Act (CEQA) reformed,” he stated, “the Democrats will do it for basketball and football, but they won’t do it for water. That demonstrates to me they are absolutely disingenuous.”Map_of_proposed_Temperance_Flat_Dam_and_reservoir

“Secondly, we were promised money in this budget for the Central California InterConnect,” Patterson said. “Putting an interconnect between the federal Central Valley Project (CVP), best illustrated by the Kings River and San Joaquin River Watersheds in the Central Valley, and the state’s California State Water Project (SWP), exemplified by the San Luis Reservoir system, is critically important. We need to connect those projects so we have water conveyance alternatives to improve water reliability and to save us from the kinds of hard decisions that we’ve had to reach now—to starve a portion of the Valley. Because we can’t get water between the two systems, the situation is real and dire.”

“The governor promised those of us who negotiated the bond the budget would include appropriations for the InterConnect,” Patterson reported. There is no such thing. It doesn’t exist, and it didn’t show up in this budget. The governor didn’t come through on his promises.”

“I have tried repeatedly to talk with the water bureaucracies—appointees of the governor—and ask how I could help them understand the importance of giving us back the water,” Patterson commented. “For example, the water behind Shasta Dam right now has been paid for and banked by our farmers. I’ve asked repeatedly, ‘Why can’t we get the InterConnect funded? You promised us that you would do that.’ I’ve asked, ‘What is it going to take for you to understand the importance of storage in the San Joaquin River Watershed?’ It’s like talking to a wall; I get no answer.”

“So, I have had to come to the conclusion that we’re being misled, and it’s on purpose,” he said. “I just don’t believe this governor anymore. That’s a sad conclusion to have to come to, but I think we are seeing a ‘behind-the-scenes hand of power’ called the NRDC, that runs the governor’s office and the state legislature.

When asked what concerned citizens can do, Patterson answered, “Today we heard a lot of passion. I think we need to turn that passion into significant efforts, politically and organizationally. We have to make a real nuisance of ourselves to the governor and to the legislature until they pay attention to us. I have learned in public life, as mayor and now in the legislature, that those people who stand up and are persistent and persuasive get heard. We have got to continue to step up in ever-increasing numbers and be heard.”

Sign of drought Westlands Water District Turnout“We also have win some elections,” he emphasized. “We are under a one party-dictatorial rule right now. And I would be saying this even if Republicans were the party in rule. Our founders believed there should be separated powers in government and people in office from all walks of life. These kinds of checks and balances get us to good policy for most people, most of the time.”

“You can’t do that in a dictatorship,” Patterson explained, “and that’s really what we have—one party that has all the levels of power and is using them all against us in Central California. And we’re seeing the result of it.”

Patterson tells other members of the legislature on the committees he serves, “You are literally putting a bait fish that striped bass are eating, ahead of the lives and the wellbeing of people and their property, and you’re blaming us for it. The reality is you’re making a drought that is bad into a drought that is a nightmare.”

“If this were to be compared, for example, to a forest fire,” Patterson conjectured, “and the firefighters were told by the governor, ‘Stop trying to save lives and stop trying to save property; go make sure you save that tree over there because there’s a spotted owl in it,’ people would very quickly tell the governor where to go and what to do.”

2016-05-31T19:28:09-07:00July 21st, 2015|

A Call for Common Sense Water Management

California Water Management Dilemma

By Lawrence H. Easterling, Jr.

Larry Easterling

Larry Easterling makes a comment at a recent pistachio growers meeting.

We are witnessing the dismantling of the California water conveyance system that supplies drinking water for 25 million California residents and four million acres of prime farmland in the San Joaquin Valley.

Our water resources are being “Withheld” from the very people of this state who have shown what “Free Enterprise” can do not only for the well-being of all in California, but the entire nation. Unfortunately, several major environmental groups and complacent politicians are killing the freedoms that have been the bulwark of success in California. Let me explain.

Water is our most valuable renewable resource and Mother Nature gives it to California in copious amounts during most years. What we do with that water—water management—is critical to the future of the Golden State.

On average, 200.0 million acre-feet of water a year blankets our state. One acre-foot is equal to 325,851 gallons of water. Of that precipitation, 75% originates north of the Sacramento River. The other 25% falls in central and southern California.

The water that is not manageable by us is 120.0 million acre-feet. Some of it evaporates, but most of it settles into the ground, fills lakes, and what remains heads for the Pacific Ocean. The balance of the water is called “directable” surface water (80,000,000 acre-feet) and this is where we have the opportunity to put it to its best and proper use.

By 2005, according to the Department of Water Resources, 48% of that directable water went to the environment, 41% to agriculture and the remaining 11% to rural areas. This balance of such a precious resource seemed at the time to be equitable to all parties, thanks to the ingenuity of our forefathers in the 20th century. Their foresight gave us a water conveyance system second to none in the entire world.

 

California’s water conveyance system had four major objectives:

  1. To provide reliable water deliveries to 25 million people to avoid water shortages that would otherwise exist and continually plague two-thirds of the California population.
  2. To support four million acres in central California of what the National Geographic Magazine proclaimed to be the most productive farmland in the world.
  3. To reinforce our natural environment.
  4. To recharge our groundwater supplies.

Some distinctions should be made here as to how much directable water we are actually concerned about. At full capacity, the two California water conveyance systems—the State Water Project (SWP) and the federal Central Valley Project (CVP)—deliver water from northern California to southern and central California. Each system, the CVP and the SWP, has the capacity to each deliver 4.0 million acre-feet water each year. However, this water delivery capacity has never been tested. The record shows that in the years prior to 2005, the average total delivery COMBINED for both projects was 5.4 million acre-feet per year. The ultimate users of this water went to agriculture (60%) and the rural population (40%).

The volume of water available, on average, from the Sacramento River, including the San Joaquin River, is 30.3 million acre-feet. It is from this volume of water that the 5.4 million acre-feet are sent south.

In 2007, several environmental organizations led by Natural Resources Defense Council took the Department of Water Resources to court to compel the court to enforce the Endangered Species Act (ESA). The court ruling to enforce this law declared that the giant water export pumps that raise the water from the Delta into the California Aqueduct were cut back because it was suspect that the pumps were killing too many delta smelt, an endangered species.

Even in flood years restricted pumping has reduced the water flow to a fraction of the contracted normal flow. Henceforth, since 2007, our water deliveries to urban and agricultural areas have been severely compromised.

The enforcement of these laws is now negating the four major functions of the giant California water conveyance system outlined with the possible exception of the natural environment. Now mind you, this water comes from northern California where 75% of the rain in California falls, averaging over 50 inches a year. Central and southern California “average” less than 15 inches a year.

During the seven years from 2007 through 2014, average deliveries to farms have been reduced to less than one acre-foot per year. Most agricultural crops require 3 ½ acre-feet of water per year. Today, without recourse, these farms are left with barely enough water to keep their plants alive. As for the hardship visited upon 25 million consumers, the Metropolitan Water District (MWD) in southern California is a good example.

The MWD services 19 million accounts, and prior to 2007, was receiving 40% of its water from the SWP. That water source has now only been able to supply approximately 10% of their needs. Consequently, due to seeking other sources to replace their water losses, rate increases to their customers over the years 2007 to 2014 have doubled. On top of all these setbacks, Mother Nature now has shown us her own drought versus our manufactured water crisis. All the way through this synthetic drought, the average rate of precipitation at the source of our water in northern California has been 45 inches each year.

In order to survive, those of us who must have an adequate supply of water to sustain us have been forced to pump more groundwater and/or purchase water from farmers who idle farmland and transfer their water to areas severely threatened with water shortages. For some of those lucky enough to find water for sale, the cost of water has become a severe financial burden. Where farms in the Central Valley were, prior to 2007, paying just under $100 per acre-foot, today if a willing seller can be found, the price can range anywhere from $1,000 to over $2,000 per acre-foot. In many such cases, water costs can exceed all other cultural costs combined. Likewise, the aquifer has dropped every year since 2007 due to frantic attempts by farmers to supplement the critical loss of surface water.

 

WHAT MUST BE DONE:

The effects of water deprivation over an eight-year period by a man-made drought capped by one of nature’s real droughts, is wrecking havoc with the nation’s food supply. The state of California is now in the grips of the Law of Diminishing Returns and is incapable of averting a disaster due to environmental regulations. Consequently, this country’s NATIONAL SECURITY is being compromised. CONGRESS MUST ACT NOW before further damage is done. These actions need to be taken:

1. The Endangered Species Act (ESA) must be excluded from jurisdiction over the pumps, which move northern water to central and southern California. The pumps are presently operating at about 15% of their capacity. This measure should be permanent and under the management of the Department of Water Resources (DWR).

2. The Endangered Species Act needs to be revised in order to “protect all species”, including humans, from collateral damage due to methods employed to save one species that results in severe damage to other species. This would be implemented through a biological opinion that would INCLUDE a list of all species that would be adversely affected by the METHOD employed to protect one specific species. This measure would make right just one of the irregularities in this flawed law, which attracts litigation like bees to honey. The law does not need to be struck down, simply rewritten to safeguard “all” species, including human beings.

3. California’s magnificent water distribution and conveyance system has no peer in this world. It is a remarkable feat of engineering admired by those who have come from far and near to marvel at its accomplishment. Yet, by environmental fiat, it has been reduced to a token of its capabilities. “Directable” water in California originally ceded one-third of its 80,000,000 acre-feet to the environment.

Today, according to the DWR, the environment now takes, not one-third, but 50% of the direct able water, leaving the rest to urban and farming communities. This is not what the original framers envisioned, but under the DWR, its control has been gradually diluted by federal agencies such as the Environmental Protection Agency (EPA), and one of its extensions known as the STATE WATER RESOURCES CONTROL BOARD (SWRCB). THIS FIVE PERSON-BOARD IS STAFFED WITH ENVIRONMENTALISTS, such as their chairwoman, Felicia Marcos, a Governor Brown-appointee, whose professional background includes eight years with the EPA and five years with the radical Natural Resources Defense Council.

The influence of these federal agencies, backed by political power brokers’ lobbyists, has tilted the water distribution of surface water away from its original intended users. In essence, the environmentalists now control California’s surface water; and now, with the passage of the recent 7.5 billion dollar Water Bond, they will control our groundwater as well. If the water agencies do not perform with the desired results, the bottom-line is that final control will go to the SWRCB.

The ship of state now needs to be righted; it is drifting far off course. First of all, the EPA must be brought to heel. For a federal agency, it exerts far too much power. And, in so doing, has completely distorted California’s surface water delivery system. Next, the SWRCB must either be eliminated with FULL CONTROL restored to the Department of Water Resources, or completely reorganized as an ADVISORY BOARD to the DWR where ALL recipients of the surface water system would be represented. A ten-board membership might be in order, with a director and the nine remaining seats divided into three equal parts by experienced personnel in agriculture, city water management, and the environment, i.e., three persons from each classification and residents of northern, central and southern California.

4. Finally, one in every ten workers in California is either directly, or indirectly dependent upon the health of our vast agricultural industry.

It is time to step forward and reveal, with facts and figures, the house of cards that water management in this state has become. Likewise, those 25 million people in southern California, such as the MWD’s 19 million users who once got 40% of their water from the giant conveyance system, deserve to get that water back.

With years of a man-made drought compounded by a natural drought now in the eighth year, there is ample information available through various farm county records to quantify in lost dollars the cumulative effect of, (1) lost production due to forced fallowing of land, (2) water costs that are now ten times what they were prior to 2007, and (3) the heavy burden economically of converting hardworking farm labor to the welfare roles where some Central Valley towns are now approaching 50% unemployment. Combined, these costs will be in the billions of dollars, bloating further our California deficit.

The goal of society has always been to improve the human condition and for one generation to leave a better world for the next. The visionaries of the 20th century got it right. They delivered in spades to us, the beneficiaries, a modern miracle. It is a water conveyance system like none other to serve all the people of California. Where are those visionaries now? Rather than embrace the gifts of a reliable source of precious water, they proceed to dismantle the entire system. It is because of the system that California feeds the nation. This is not just a California crisis. It is one that will affect the entire nation. Look upon it as a national security threat and demand that our leaders do what is right for the vast majority of this country’s people.

 Lawrence H. Easterling, Jr. Administrator, Kettleman Pistachio Growers and Director, American Pistachio Growers

 

2016-08-03T21:05:15-07:00May 18th, 2015|

SAGE Welcomes Poppy Davis as New Program Director, One of Our Own

SAGE’s New Program Director Poppy Davis to Expand Organization’s Capacity for Cultivating Urban-Edge Agricultural Places

Sustainable Agriculture Education (SAGE) welcomes Poppy Davis as Program Director to expand the organization’s capacity and develop and implement strategies for revitalizing urban-edge agricultural places that sustain and define cities. SAGE is a lean, entrepreneurial nonprofit organization headed by Sibella Kraus, recipient of the 2014 Growing Green Regional Food Leader Award from the Natural Resources Defense Council.

Sibella Kraus, SAGE President

Sibella Kraus, SAGE President and recipient of 2014 Growing Green Regional Food Leader Award

Working through multi-partner collaborations, SAGE develops place-based projects, toolkits and conceptual frameworks to demonstrate strategies for urban-edge farmland preservation, regeneration, and re-connection with healthy cities.  SAGE also provides agriculture-related technical services such as foodshed and agricultural economic viability assessments, implementation plans and business plans. Partners include public agencies, land trusts, agricultural enterprises and associations, planning and economic consultancy firms, public-interest organizations working in the area of public health, healthy food access, education and conservation, and community groups in urban and rural areas.

Sibella founded SAGE in 2001 to use her background in agricultural marketing, education and journalism, to help diverse stakeholders embrace urban-edge agricultural places as keystones of urban and regional sustainability. Bringing Poppy on board strengthens the organization’s capacity to work with the agricultural community, particularly retiring landowners and beginning farmers and ranchers who are eager to benefit from new opportunities at the urban-edge.

Poppy Davis, New Program Director at SAGE

Poppy Davis, New Program Director at SAGE

Poppy began her career as a California Certified Public Accountant specializing in family-scale agricultural businesses and associations. She translated her intimate knowledge of agricultural issues and farm-family decision-making to the policy arena, working for the United States Department of Agriculture (USDA), first for the crop insurance program in the Western Region and most recently as the National Program Leader for Small Farms and Beginning Farmers and Ranchers in Washington, D.C.. While at the USDA she served as a member of the management team for Secretary Vilsack‘s “Know Your Farmer, Know Your Food” initiative,

Know Your Farmer. Know Your Food.

Know Your Farmer. Know Your Food.

and co-founded the USDA 4 Veterans, Reservists & Military Families, and Women and Working Lands workgroups. She holds a Bachelor of Science in Agricultural Economics from the University of California, Davis; a Masters in Journalism from Georgetown University, and a Juris Doctor with a certificate in Agricultural Law from Drake University Law School. Poppy is also a past fellow of the California Agricultural Leadership Program (Class 35) and has served on a number of nonprofit boards including the Farmer-Veteran Coalition, Center for Land Based Learning, and Community Alliance with Family Farmers.

Farmer Veteran Coalition

Farmer Veteran Coalition

“We are delighted to welcome Poppy to SAGE,” says Kraus. “Poppy’s breadth of experience – providing services to farmers, working for ag-focused nonprofits and for the USDA – and the respect she commands in the California and national agricultural communities, make her the ideal person to help SAGE grow our mission to cultivate urban-edge places that model sustainable agriculture integrated with resilient communities.” For her part, Poppy says, “I have long respected Sibella’s vision and work, and I think we will make a great team. Sibella already has many forward-thinking projects in the works, and I’m looking forward to working with SAGE’s diverse partners, as well as bringing in collaborations of my own.”

California Agricultural Leadership Foundation

California Agricultural Leadership Foundation

SAGE’s areas of expertise, services and publications include:

  • Technical consulting and visioning on the agricultural components of land-use projects and policy documents
  • On-the-ground models and best practice toolkits that integrate farming with public engagement and natural resources stewardship
  • Foodshed  and local agriculture assessments  for land trusts, local and regional governments, associations and businesses
  • Conceptual frameworks that bridge sustainable agriculture and graphic models that depict the inter-relationship of urban and agricultural land uses
For more information, please contact Sibella Kraus or Poppy Davis at 510-526-1793 or via email at sibella@sagecenter.org or poppy@sagecenter.org, or see www.sagecenter.org.
2016-08-03T20:54:37-07:00March 13th, 2015|

California Water Cutbacks Are Not Saving Delta Smelt

U.S. Supreme Court to rule on ESA-mandated water curtailments to protect Delta Smelt regardless of the cost to humans and economy

 

A summary of the California Department of Fish and Wildlife (CDFW) Fall Midwater Trawl Survey (FMWT) reports the lowest index for Delta Smelt in the 48-year history of this survey. The FMWT is mandated by the Delta Smelt Biological Opinion for the coordinated operation of the Central Valley Project and the State Water Project.

Jason Peltier, Chief Deputy General Manager of the Westlands Water District, sees these results as the “latest evidence of a failed regulatory regime.”

CDFW-Insignia-146x193The memorandum, sent from Steven Slater, CDFW Environmental Scientist, Region 3, to Scott Wilson, CDFW Regional Manager, Region 3, describes the Survey which annually measures the fall abundance of pelagic fish—fish which live neither near the bottom of oceans or lakes, nor near the surface, such as ocean coral reefs—since 1967. FMWT equipment and methods have remained consistent since the survey’s inception, which allows the indices to be compared across time.

According to the Memorandum, the FMWT annual abundance index is the sum of monthly indices from surveys conducted over the four months from September through December each year. During each monthly survey, one 12-minute oblique midwater trawl tow is conducted at each of 100 index stations used for index calculation and at an additional 22 non-index stations that provide enhanced distribution information.

The 2014 Delta Smelt index is 9, making it the lowest index in FMWT history. Delta Smelt abundance was highest in 1970 and has been consistently low since 2003, except in 2011.

Other fish also scored poorly. The 2014 age-0 Striped Bass index is 59, making it the third lowest index in FMWT history. Age-0 Striped Bass abundance was highest at the survey’s inception in 1967. The 2014 Longfin Smelt index is 16, making it the second lowest index in FMWT history. Longfin Smelt abundance was highest in 1967. The 2014 Threadfin Shad index is 282, which is the sixth lowest in FMWT history and the seventh in a series of very low abundance indices. Threadfin Shad abundance was highest in 1997. The 2014 American Shad index is 278, which is the second lowest in FMWT history and only slightly higher than the 2008 index of 271. American Shad abundance was highest in 2003. (Figures 2 through 6, below, illustrate these indices.)

2014_FMWT_graphs 1-4_Page_1 2014_FMWT_graphs 1-4_Page_2

In, “Delta smelt legal battle heads to Supreme Court,” published Wednesday in the LA Times, reporter David Savage, stated, “The delta smelt may be a small fish with a short life, but it has spawned a decades-long legal battle over water in California.
At issue has been a series of orders under the Endangered Species Act that at times reduce water deliveries from the Sacramento-San Joaquin River Delta to San Joaquin Valley growers and urban Southern California.”

Citing the severe state drought, the article reports that the Metropolitan Water District of Southern California attorneys are asking the U.S. Supreme Court to reconsider a strict federal rule from the 1970s that calls for curtailing the water diversions to protect the threatened delta smelt and other imperiled species regardless of the cost to humans and the economy.”

Lawyers for the Natural Resources Defense Council (NRDC) and U.S. Solicitor Gen. Donald Verrilli Jr. urged the court to turn down the appeals, the article states, saying the 9th Circuit was correct in saying Fish and Wildlife officials must take reasonable steps to protect an endangered species, regardless of the economic effect.

Kate Poole, an NRDC attorney, said the water agencies have “a long history of exaggerating the impacts “of protecting endangered fish in the delta, including Chinook salmon,” per the LA Times. “The underlying problem in California is that our demand for water consistently exceeds our supply, even in non-drought years,” she said. “Wiping out our native fisheries will not solve this problem.”

 

In response to the NRDC comments, the California Farm Water Coalition electronically published the following Today:

Kate Poole’s remarks, that farmers have exaggerated the impacts of ESA-based water supply cuts, would be insulting to the thousands of farmers, farmworkers, and local business owners who face not just bankruptcy, but the loss of their way of life. Hundreds of thousands of acres of farmland have been permanently fallowed. Farmers have switched to higher value crops to justify higher costs for reduced water supplies. Farmworkers have moved away, seeking employment because of job losses in communities like Firebaugh, Mendota and Huron.”

Communities were developed on the faith that was placed in the federal government to keep its promise to deliver reliable supplies of water through the Delta.  While the impacts of reduced water supplies seem insignificant to the lobbyists and lawyers from the kinds of powerful environmental organizations represented by Poole, for those whose very livelihoods are dependent on this water it is a constant struggle.

 

2016-08-03T21:02:07-07:00January 9th, 2015|

Debate Heats up on Proposed EPA Water-Quality Rule

Source: Kate Campbell; Ag Alert

Discussion has intensified about proposed changes to the Federal Clean Water Act. As farmers and ranchers express increasing concern about enhanced permitting requirements, land-use restrictions and legal liability that the proposal could cause, the U.S. Environmental Protection Agency launched its own campaign to defend the proposal.

Agricultural leaders want the EPA to scrap the proposed rule changes, terming them a poorly orchestrated attempt to expand agency jurisdiction. The proposed rule was published in April, and remains open to public comment until October.

County Farm Bureaus in California are joining the national push to have the proposed rule changes withdrawn, reaching out to members of the state’s congressional delegation and urging the proposal be stopped.

Meanwhile, the EPA called its proposals merely an effort to clarify regulatory jurisdiction, which was called for in two U.S. Supreme Court decisions that ruled against the agency’s attempt to expand its jurisdiction over “waters of the United States.” EPA said the proposed rule would have minimal economic impact and would not affect many acres—only about 1,300 acres nationwide.

The American Farm Bureau Federation called that assertion “laughable,” considering the amount of land nationwide that has the capacity to retain seasonal moisture, a condition covered by the proposed rule. Under the proposal, legal experts say, wet spots could be deemed “waters of the U.S.”

AFBF said the EPA effort to expand its jurisdictional authority over most types of waters and lands is regulatory overreach that has the potential to impose costly and time-consuming federal permit requirements, as well as place limits on routine farming practices, such as building a fence across a ditch or pulling weeds. Essentially, EPA has proposed regulations that fundamentally redefine “waters of the U.S.” and eliminate the term “navigable” from the law, AFBF said.

“We’re urging Congress to take a look at the proposed rules and we’re urging the agency to withdraw both of them,” California Farm Bureau Federation Federal Policy Manager Rayne Pegg said, referring to both the main EPA proposal redefining “waters of the U.S.” and an “interpretive rule” that focuses on agricultural activities.

Pegg stressed that farmers recognize the need to protect water quality, and already abide by a number of water-quality regulations.

“Adding another layer of regulation does not mean you will get better results,” she said. “Instead, the rule will create more paperwork. It’s a poorly conceived rule. EPA should meet with farmers and listen to its own Scientific Advisory Board to craft something that is practical.”

There are a number of things going on in Congress right now related to these rules, she said, and CFBF has been responding to questions from members of congressional committees—including the House Appropriations Committee, which is considering legislation to remove funding for implementation of the proposed waters of the U.S. rule.

In response to the uproar over the proposal, EPA Administrator Gina McCarthy took to the road last week—touring a Missouri farm and meeting with a number of Kansas farm groups. She acknowledged during a lunch discussion with agricultural leaders the waters of the U.S. proposal has “fallen flat on its face.”

But during a speech in Kansas City, she charged that the EPA proposal has been beset by “D.C. myths.”

“Misinformation is becoming the story, while the legitimate, serious issues that we need to talk about are taking the back seat,” McCarthy said.

At the same time McCarthy visited the Midwest, the Natural Resources Defense Council—an environmental organization—took out advertisements supporting the EPA proposal.

Confusion about what the proposed rule may actually cover and conflicting interpretations of the rule changes may leave political leaders with the impression the proposal is benign and that farmers don’t need to worry, said CFBF associate counsel Kari Fisher.

“EPA would like political leaders and the public to believe that all farmers need to do is go ahead with normal farming practices and not worry about the proposed changes,” she said. “Unfortunately, that’s incorrect.”

Fisher said the interpretive rule on agriculture would require certain farming practices—such as putting in a new fence or maintaining a ditch—to comply with U.S. Department of Agriculture standards administered by the Natural Resources Conservation Service. She noted that the interpretive rule would apply only to Section 404 of the Clean Water Act, which covers dredging and infilling land that could affect wetlands.

But the proposed rule to expand the definition of “navigable waters” applies to the entire Clean Water Act, she said, and would expand EPA jurisdiction over water.

“If the proposed rule redefining waters of the U.S. is adopted, farmers with land that features a depression or low spot that’s adjacent to a tributary flowing to navigable water could be brought under the rule’s jurisdiction,” Fisher said.

Although the interpretive rule might provide a limited layer of protection for farming and ranching activities from the need to obtain Section 404 permits, she said, “it will not provide protection from other necessary Clean Water Act permits, such as those for the discharge of pollutants.”

Farm Bureau leaders continue to urge members to help prevent the proposed rule from becoming final by commenting about the impact the proposal would have on their farms and ranches.

Information from EPA on the proposed changes to the CWA can be found online at www2.epa.gov/uswaters. Background information on the issue from AFBF is online at http://ditchtherule.fb.org/.

For information on arranging local farm tours, grower roundtables and informational meetings with members and staff of California’s congressional delegation, contact county Farm Bureau offices or the CFBF Federal Policy Division at 916-561-5610.

2016-08-03T21:07:42-07:00July 18th, 2014|

Court Rules for Environmentalists in Water Fight

An appeals court said TODAY that federal officials should have consulted wildlife agencies about potential harm to a tiny, threatened fish before issuing contracts for water from the Sacramento-San Joaquin Delta, as reported by Paul Elias of the Associated Press.

An 11-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled that the U.S. Bureau of Reclamation violated the Endangered Species Act when it failed to consult with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service in renewing 41 contracts a decade ago. The appeals court sent the case back to a trial judge for further proceedings.

The ruling arises from one of several lawsuits filed by the Natural Resources Defense Council and other environmentalists seeking to protect the Delta smelt. The ruling won’t affect water flows because protections for the smelt were kept in place during the lawsuit.9th Circuit Court of Appeals

“This about how we are going to manage the water in the future,” said Douglas Obegi, a lawyer with the Natural Resources Defense Council.

Water-rights holders and government lawyers argued that consultation wasn’t necessary because the U.S. Bureau of Reclamation was required to renew the contracts and had no discretion over terms of the agreement that would control water levels in the Delta.

But the 9th Circuit disagreed, saying the Bureau had discretion over price and delivery times of the water, which affect water flow. Therefore, it has to consult with one of the other two agencies. The court also said that the bureau wasn’t required to renew the contracts.

Stuart Somach, a lawyer representing water-rights holders who intervened to fight the lawsuit, said the ruling “destabilizes” the state’s water-allocation system because it raises uncertainty over the contracts and water delivery.

Somach said he and his clients are still mulling their options, which include petitioning the U.S. Supreme Court to review the decision. They could also try to convince the trial judge to keep the contracts in place, he said.

His clients own water rights with or without contracts, which ensure predictable water allocation, Somach said. Predictability is lost if the contracts are invalidated, he said.

“The big loser in all of this is the state of California,” Somach said.

Source: Paul Elias, Associated Press.

 

Plaintiffs among the cluster of cases:

Natural Resources Defense Council; California Trout; San Francisco Baykeeper; Friends Of The River; The Bay Institute, All Non-Profit Organizations, Plaintiffs-Appellants, And Metropolitan Water District Of Southern California, Plaintiff In Related Case

V.

Defendant-intervenors–Appellees:

Jewell Associates, Lp; Reclamation District 1004; Beverly F. Andreotti; Banta-Carbona Irrigation District; Patterson Irrigation District; West Side Irrigation District; Byron Bethany Irrigation District; Carter Mutual Water Company; Howald Farms, Inc.; Maxwell Irrigation District; Meridian Farms Water Company; Oji Brothers Farms, Inc.; Henry D. Richter; Sutter Mutual Water Co.; Tisdale Irrigation And Drainage Company; Windswept Land And Livestock Company; City Of Redding; Coelho Family Trust; Eagle Field Water District; Mercy Springs Water District; Oro Loma Water District; Conaway Preservation Group; Del Puerto Water District; West Stanislaus Irrigation District; Fresno Slough Water District; James Irrigation District; Tranquillity Irrigation District; Christo D. Bardis; Abdul Rauf; Tahmina Rauf; David And Alice Te Velde Family Trust; Fred Tenhunfeld; Family Farm Alliance, San Luis & Delta-Mendota Water Authority; Westlands Water District; California Farm Bureau Federation; State Water Contractors; California Department Of Water Resources; Glenn-Colusa Irrigation District; Natomas Central Mutual Water Company; Pelger Mutual Water Company; Pleasant Grove- Verona Mutual Water Company; Reclamation District 108; River Garden Farms Company; Princeton-Codora- Glenn Irrigation District; Provident Irrigation District; Kern County Water Agency

2016-08-03T21:08:41-07:00April 17th, 2014|

Tragedy: Court Rules in Favor of Smelt Over Humans

Excerpted from: DAN LEVINE, Reuters*

Photo: Hypomesus transpacificus (Delta Smelt), Wikipedia

A California appeals court sided with environmentalists over growers TODAY and upheld federal guidelines that limit water diversions to protect Delta smelt, in a battle over how the state will cope with its worst drought in a century.

The 9th U.S. Circuit Court of Appeals ruled that a lower court should not have overturned recommendations that the state reduce exports of water from north to south California. The recommendations leave more water in the Sacramento Delta for the finger-sized fish and have been blamed for exacerbating the effects of drought on humans.9th circuit court of appeals

The 2008 report by the U.S. Fish and Wildlife Service, which concluded that the fish’s existence was threatened, recommended limited exports of water to farmers and southern California. Farmers and allies sued, and a lower court called the federal biological opinion “arbitrary and capricious.”

Reaction from both sides was swift in the national political issue. In a blog post, Damien Schiff, an attorney for growers, said the ruling “bodes ill for farmers, farm laborers and millions of other Californians dependent on a reliable water supply.”

Efforts to save the Delta smelt, which lives only in the wetlands stretching north of San Francisco, have been described as a human vs. fish battle.

Kate Poole, a senior attorney for the Natural Resources Defense Council, said growers’ hopes of taking more water out of the Delta wouldn’t solve California’s problems.

“It’s the drought, not the Delta, that’s affecting the water supply this year,” Poole said in a statement. “While we can’t make it rain, we can take charge of our water use by investing in smart water practices that protect and preserve our water supply.”

However, in TODAY’S opinion, 9th Circuit Judge Jay Bybee, an appointee of President George W. Bush, ruled that the lower court should have been more deferential to the Fish and Wildlife Service.

“We recognize the enormous practical implications of this decision,” Bybee wrote. “But the consequences were prescribed when Congress determined that ‘these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people.'”

Paul Weiland, an attorney who represented Kern County Water Agency and a coalition of Central Valley water users in the case, said he hopes the ruling will clear the way for all sides to come together and make progress on the Bay Delta Conservation Plan.

The plan seeks to restore the Sacramento-San Joaquin Delta ecosystems and secure California water supplies into the future. A draft of the plan is currently open for public comment.

Progress of the plan could be delayed if one or more of the parties in the case ask the 9th U.S. Circuit Court of Appeals to rehear the case or ask for a Supreme Court review, Weiland said.

Thursday’s ruling could also pave the way for a ruling in another pending case regarding the water needs of wild salmon and steelhead trout in the state, which involves many of the same players. A February hearing on that case was postponed until after the Delta smelt decision was handed down.

*(Reporting by Dan Levine; Additional reporting by Rory Carroll; Editing by Stephen Powell, Peter Henderson and Richard Chang)

2017-09-03T00:01:45-07:00March 13th, 2014|

State Water Board to Hold Public Workshop on Feb. 26th

WATER BOARD INVITES PUBLIC INPUT ON IMMEDIATE DROUGHT RESPONSE OPTIONS

 

State Water Resources Control Board will hold a public workshop to receive public input on actions to Increase Water Conservation, Reuse, Recycling and other Drought Related Measures on Wednesday, February 26, 2014.

 

This will be informational only and no State Water Board action will be taken.

 

Joe Serna Jr. – Cal/EPA Headquarters Building

Coastal Hearing Room

1001 I Street, Second Floor

Sacramento, CA 95814

 

The Agenda is below.

 

 

Public Workshop Regarding Immediate Drought Response Options State Water Resources Control Board

February 26, 2014

 

 

What actions should the Water Boards be taking in response to the drought including actions to increase water conservation, reuse, and recycling?
Addressing topics that were not discussed during the February 18-19, 2014 Workshop

 

9:00 a.m.  Opening Remarks

 

State Water Board Chair and Board Members, Department of Water Resources, California Department of Food and Agriculture, United States Department of Agriculture and California Department of Public Health

 

9:05 a.m.  Overview Presentation by State Water Board staff

 

9:15 a.m.  Agricultural Water Measures Panel

  • Yolo County Flood Control and Water Conservation
  • Natural Resources Defense Council
  • Driscoll’s

 

10:00 a.m. Break

 

10:15 a.m. Small Community/Rural Water Measures Panel

  • United States Department of Agriculture, Rural Development
  • California Rural Water Association
  • Community Water Center

 

11:00 a.m. Break

 

11:15 a.m. Urban Water Measures Panel

  • Long Beach Water Department
  • Orange County Water District
  • Pacific Institute
  • Alliance for Water Efficiency

12:00 p.m. Lunch Break

 

1:00 p.m.   Public Questions/Comments

First comments will be (Coast Keepers and River Keepers on drought-related groundwater actions)

 

4:15 p.m.   Closing Remarks by State Water Board

 

“Video broadcast of meetings will be available at: http://www.calepa.ca.gov/Broadcast/

 

2016-08-03T21:16:08-07:00February 25th, 2014|
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