Endangered Species Act Archives - Page 2 of 2 - California Agriculture News Today

Senate Drought Bill Passes, Westlands Expresses Appreciation

This evening, the United States Senate passed, by unanimous consent, the Emergency Drought Relief Act, a bill to provide federal and state water agencies with additional flexibility to deliver water where it is most needed during California’s historic drought. The legislation, sponsored by Senators Dianne Feinstein and Barbara Boxer (both D-Calif.), Harry Reid (D-Nev.) and Dean Heller (R-Nev.), must now be reconciled with a separate bill passed by the House of Representatives.

“Getting this bill passed was a true team effort.” Senator Feinstein credited the individuals above and added, “Senator Murkowski, ranking member of the Committee on Energy and Natural Resources, displayed true bipartisanship in working across the aisle to address this disaster.”

Other cosponsors of the drought bill include Senators Robert Casey (D-Pa.), Dick Durbin (D-Ill.), Mazie Hirono (D-Hawaii), Jeff Merkley (D-Ore.), John Rockefeller (D-W.Va.), Debbie Stabenow (D-Mich.) and Ron Wyden (D-Ore.).

Senator Feinstein commented, “The drought in California is devastating and shows no signs of letting up. Snowpack is at 6 percent of its normal level and the state’s largest reservoirs are at or below half capacity. Congress must take immediate action to help alleviate the suffering of farmers, workers, businesses and communities throughout the state.”

Westlands Water District General Manager Thomas Birmingham issued the following statement on the drought bill passage:

“Passage of this legislation by the Senate marks an important milestone in the effort by members of California’s congressional delegation from both sides of the aisle to provide some relief from the disastrous human and economic impacts of drought and restrictions imposed on operations of the Central Valley Project and State Water Project under the Endangered Species Act and other federal regulations.

The fact that this bill passed by unanimous consent is a testament to the hard work of Senator Feinstein, with support from Senator Boxer and members of the House of Representatives, to explain to senators from other states the urgent need for and the importance of this legislation to the people of California.”

“Westlands Water District expresses its great appreciation for the hard work of Senator Feinstein and her colleagues in obtaining passage of this legislation. We look forward to working with Senator Feinstein and Members of the House in their efforts to reconcile this legislation with legislation that has already passed in the House.

It is Westlands’ hope that this process can begin quickly, and we are confident that Senator Feinstein and her colleagues in the House will be able to identify common sense solutions that will restore water supplies, while providing reasonable protections for fish.

The tens-of-thousands of people who otherwise will be unemployed and the welfare of people around the state depend on a meaningful compromise being reached quickly.”

Photo Credit: Westlands Water District Ranch on loopnet.com

Patrick Cavanaugh2016-05-31T19:35:31-07:00May 23rd, 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.

“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

Patrick Cavanaugh2016-08-03T21:08:41-07:00April 17th, 2014|

Storms Allow Temporary Easing of Delta Pumping Restrictions

Source: Pamela Martineau; Association of California Water Agencies

The National Marine Fisheries Service (NMFS) approved a temporary easing of pumping restrictions in the Delta on April 1 which will increase water exports from the estuary by as much as 10,000 acre-feet a day over the next week or two.

Officials from NMFS announced the temporary adjustment of the regulation April 1 during a conference call with reporters. Mark Cowin, director of the California Department of Water Resources (DWR), who also was on the call, said the easing of the seasonal pumping restrictions won’t jeopardize protected salmonoid and is “consistent with the federal Endangered Species Act.”

“The adjustment will remain in effect as long as the rivers carrying stormwater into the Delta continue to run relatively high,” said Cowin. “We expect that to last for at least a week and we’ll see how long those inflows are sustained.”

The temporary change is allowable in part because more water is moving through the system due to recent storms. The adjustment increases pumping levels from about 1500 cfs to 6000 cfs a day over the next few days.

DWR has set its initial water allocation estimate from the State Water Project at zero percent this year. It is unclear whether that estimate will change. California remains mired in drought despite the recent spate of storms.

On April 1, manual snowpack readings in the Sierra revealed a statewide snowpack water content at just 32% of normal for that date.

Patrick Cavanaugh2016-05-31T19:38:05-07:00April 2nd, 2014|

House Members Seek to Update Endangered Species Act

House Natural Resources Committee Chairman Doc Hastings (WA-04), Rep. Cynthia Lummis (WY), Rep. Randy Neugebauer (TX-19), and Rep. Bill Huizenga (MI-02) this week introduced four limited bills to improve and update the Endangered Species Act (ESA).

The bills are supported by all of the Members of the ESA Congressional Working Group, representing districts across the nation, and are based on the recommendations and findings of their report and input from a broad array of stakeholders, including the Western Governors‘ Association.

California Ag’s interest is on how the revised ESA would affect the Biological opinion on Delta Smelt and Salmon that has drastically cut contractual water supplies issued through the pumps.

The four bills focus on transparency and species recovery. The House Natural Resources Committee will hold a Full Committee legislative hearing on these bills on Tuesday, April 8.

“These are very simple, straightforward, and common sense bills and provide a good starting point as we begin the legislative process for improving the Endangered Species Act,” said Chairman Hastings.

“The bills are, by design, narrowly focused and something that both Republicans and Democrats can support. Increasing transparency; posting data online; enhancing state, local, and tribal participation; and reducing taxpayer-financed attorney’s fees to help direct taxpayer dollars towards recovery efforts are small, but important steps in making smart and sensible updates to the ESA.”

Patrick Cavanaugh2016-05-31T19:38:05-07:00March 31st, 2014|

West Side Farmer/Rancher Says Drought is Tragedy

John Harris, owner of Harris Ranch, recently weighed in about how the drought is affecting his farming operation in Coalinga.

“This is probably the most depressing time I’ve seen in agriculture on the West Side,” he said. “We have employees that have been here for 30 or 40 years who are facing getting laid off.”

Harris said he and his crew have spent a lot effort to develop trees, which are doing well, that are facing the chance of being taken out.

Harris lamented, “You drive around and there’s nothing green.”

“It’s just a tragedy,” he said, “but we’re just trying to sort out how best to cope with it. We’re looking at drilling more holes and trying to buy water here and there.”

“There are just a few things we can do but nothing that is a real silver bullet,” Harris commented. “We’re probably 70% fallow right now.”

In terms of a bright side, Harris said, “If there’s anything good about it, this makes it so bad that it becomes so evident that the Endangered Species Act needs to be changed. It brings it home that you just can’t live with that.”

Patrick Cavanaugh2016-05-31T19:38:55-07:00February 27th, 2014|