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.”

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.

 

Zero Water for West Side Districts

The unprecedented zero water deliveries this year are extremely hard for managers of West Side Water Districts.

Martin McIntyre, General Manager of the San Luis Water District based in Los Banos, is very frustrated about keeping farming operations and employment viable with zero percent water allocation.

Martin McIntyre,
Martin McIntyre, General Manager of the San Luis Water District.

“The biggest frustration for us has been the regulations that interfere with water supply deliveries intended to protect a couple of endangered fish species. From our perspective, they are rather misguided,” said McIntyre.

A recent study by the UC Davis Center for Watershed Sciences found that the current drought is responsible for the greatest water loss ever seen in California agriculture. This, in conjunction with federal environmental restrictions on the state, have create some difficult situations.

“There are many causes in the decline of species, and the regulators have seized water flow as the principle cause. There is ample evidence that it’s the declining food supply and the toxic releases into the delta; but the popular, publicized notion remains that water deliveries are endangering the species, and its simply isn’t the case,” said McIntyre.

While the preservation of fish species is an admirable goal, the environmental restrictions that have been put into effect are not the most appropriate solution. Especially during a severe drought when farmers are already struggling.

“We’re allowed to take, depending on the year, approximately 300 smelt, little Minnows, at the major pumping stations that serve the lower two-thirds of the state. That’s a snack for a Striped Bass! It’s estimated that, in some reaches of the delta, 90 percent of salmon smelt are eaten by Striped Bass; and yet, regulations are putting the state’s water supply in jeopardy in a misguided effort to try to recover the species–without addressing the more fundamental problems,” said McIntyre.