2010 brings forward serious "water wrangling"

Hello Revive Friends and Supporters,

2010 has brought new hopes for a restored San Joaquin River, with interim restoration releases scheduled again for February 1st.  The restoration program is underway, but as a non-profit partner dedicated to ensuring a successful restoration effort, Revive the San Joaquin has been fighting to ensure that the consequences of local, State, and federal actions do not impair our opportunities to restore the San Joaquin River.  Local land-use and development, water quality impacts from municipal and industrial dischargers, and other local activties not under the jurisdiction of restoration agency staff have little consideration in the formal restoration program and responsibilities for protection typically fall upon the shoulders of local non-profits and NGO's like ours.                                                                                 

Likewise, it is becoming apparent that river restoration here cannot be isolated from the water problems occurring in the Valley. Without a robust participation in restoration activities by our local communities and farmers, many opportunities will be lost to promote better water management and regional water supply self-sufficiency. Conveying water down the San Joaquin River can create opportunities for beneficial transfers of water to the Westside of the Valley, can improve South Delta water quality at the pumps, can reduce demands from downstream water districts along the San Joaquin's tributary rivers, and can create new water supplies through freed storage space behind Friant Dam. 

With Fresno Counties' Westside growers in the midst of a 'Water Crisis' we must look to sustainable strategies for the long-term viability of farming and residential life in this area.  This water shortage has been the subject of much media recently, although it is not being covered much in San Joaquin Valley newspapers.  With the new State water bond going to the ballot, and federal water legislation removing ESA protections in the works, we must stay alert and protect the interests of the people of the San Joaquin Valley, not the corporate interests looking to wrangle every last drop of water we have from under our noses.

We must stay up to date with the issues as much is changing.  Revive will stay engaged in the issues and ensure that the river and its potential for water supply solutions remain a focus of new legislation.  Join us in the following activities to promote river restoration and smart local water policy:

                 - January 25th at the Fresno City Hall Chambers for a federal Congressional Hearing on the Water Crisis.

                 - March 13th for a free Central Valley Water Forum at Fresno City College.   

Chris Acree

Revive the San Joaquin

Read the summary below and the links for more detail on recent water supply issues in the Valley

Dianne Feinstein’s recent attempts to pass rider legislation that would weaken the Endangered Species Act fall short amidst media, grassroots, and California democrats’ disapproval.  New data shows that media myths created by corporate agricultural industries fall short, highlighting job loss impacts less than .5% due to pumping cutbacks, bumper year crops of tomatoes and rice, and record high levels of almonds farmed in 2009 despite images of almond tree removals pasted across national media outlets.  The rider was also unusual as it would undermine a recent National Academy of Sciences panel review of Delta protections that Feinstein herself initiated before the final report was even issued.  Amidst editorial opposition by six major newspapers, Senator Feinstein’s close relationship with billionaire agriculturalist Stewart Resnick was called into question as a driving force behind the proposal.

Media Joins Outcry Over Feinstein’s Push to Remove Protections for Endangered Species

 SOME INFO ON FEDERAL WATER LEGISLATION as it impacts the San Joaquin Valley
Jan 17, 2009

Several months ago, Devin Nunes introduced a bill into the House, HR 3105, that would suspend ESA protections in operating the Central Valley Project.   A coalition of environmental groups recently signed a letter opposing signing a discharge petition that would allow the bill to come to the floor.  At this point, there seems little danger of this happening.   The only Democratic lawmaker who had signed on to the discharge petition was Jim Costa.   
 
The bill is one of the reasons for the Republican Congressional forum planned in Fresno on January 25.   Hopefully the torrential rains will help dilute their message.

Another coalition of environmental groups has worked to slow down Feinstein’s water transfer legislation, S 1759,  HR 3750 in the House..   Many observers have serious concerns about the bill because it would deregulate water transfers authorized in the Central Valley Project Improvement Act in 1992.    Feinstein has been pushing it as a way to avoid gutting the Endangered Species Act while re-electing Boxer, Cardoza, and Costa.   Fortunately, the rains seem to be resolving some of these issues.   The challenge is to avoid passing “quick fix” legislation like S 1759 that may cause serious problems down the road.

The purpose of the CVPIA introduction of water marketing was to provide incentives for farmers to conserve water, which they could then resell it at a profit.  The transfers were restricted to water that has actually been delivered and consumptively used on a farm, and were subject to individual environmental review.    Feinstein’s bill would remove these restrictions, and substitute programmatic Environmental Assessments.  S 1759 would also allow for transfers to the Kern Water Bank, which many fear could be a pipeline for various kinds of unsustainable use.

Water markets and the growth of exports to Kern Water Bank, Kern County Water agency, and MWD have played a much bigger role in the collapse of the Delta than many people realize.

As part of the Monterey agreement,  MWD and Kern County Water Agency gave up the urban preference in exchange for “Article 21” or surplus water, and KCWA got the Kern Water Bank and turned around and gave it to Stewart Resnick.   The state then reclassified much of the spring flows as surplus water, and pumped it down to MWD, KCWA, and the Kern Water Bank.In some recent years, the taking of Article 21 water was unmetered and the pumps pumped at maximum capacity during the entire season.  

Unfortunately this maximum spring pumping was at the same time the Delta smelt were spawning, and so it played a significant role in the collapse of the fisheries.  There was a huge economic incentive for the Kern Water Bank and the urban users to take as much Article 21 water as possible because of the price differential between cost of the Article 21 water ($28 an acre foot) and its value on the market.   See Mike Taugher’s article, Harvest of cash: Kern County agency buys public water low, sells high  http://www.cacoastkeeper.org/news/harvest-of-cash-kern-county-agency-buys-public-water-low-sells-high   

The Article 21 water has been shut down because of Judge Wanger’s decision, but it also means that there has been a big collapse in the “surplus” supplies for these users.   Many agricultural interests that relied on Kern Water Bank water are under severe distress.  See
“Another Kings County Water Transfer Weighed,”  John Lindt, Valley Voice”   This is the real driving force behind the “Turn the Pumps on Now” demands.

Since the Article 21 exports appear to have been taken in excess of the USFWS permit and were completely unsustainable, there is likely no way to restore them without destroying the Delta.    There are some concerns that the easing of federal restrictions on water transfers could be used to get around Wanger’s rulings. 

There are also many potential adverse impacts from large scale water transfers, including groundwater depletion from groundwater substitution transfers, job loss from Ag to urban transfers, and contamination from transfers to impaired lands.   Under the Bush administration, some large (130,000 acre feet annually) groundwater substitution transfers from the San Joaquin River Exchange Contractors were approved, to wildlife refuges and to Westlands Water District.
This exacerbated the severe drawdown of groundwater documented by the USGS, and is increasing the load of salt, selenium, and boron discharged into the San Joaquin River.  Here is a link to water quality comments from the EPA,, which appear to have been largely disregarded in approving the transfer.

There are huge issues with groundwater contamination in the Valley, and transfers should be reserved for irrigation of lands that are not contributing substantially to soil and groundwater contamination in the Valley.

Another big issue is the recent Grasslands Bypass decision, in which the Bureau of Reclamation granted a waiver for 10 years for standards for discharge of salt, selenium and other contaminants into the San Joaquin River.   

Additional Links to information contained in this summary:

Science panel's review of California water woes prompts fight

Corporate farmer calls upon political allies to influence delta dispute 

Water ownership murky, complicated

Pumping water and cash from Delta 

Paper shuffle allows for vast supply of easy money

The Resnicks: farming's power couple

State bond lets firms profit from water 

Gaming the water system

Rural water district squeezing to make every drop count  

Another Kings County Water Transfer Weighed