Delta Flows - Special Edition from Restore the Delta for July 30, 2007
“Overall, we seem unable to recognize that the proofs so many politicians demand already exist in the form of hindsight. Written into the long history of our planet, in one form or another, is the record of what is coming our way.” From “The Fate of the Oceans” by Julia Whitty
Another Governance Threat to the California Delta
L
ast Friday, the Planning and Conservation League released an action alert regarding a draft memorandum of understanding between the Westlands Water District and the Bureau of Reclamation. The “idea” behind this proposal, according to its negotiators, is to find a way to clean up lands that have been contaminated by improper drainage, resulting from the government’s failure to follow through on installing an agricultural drain as promised with the Central Valley Water Project. Because a significant portion of Delta fresh water is exported to the Westlands Water District and other San Luis Reservoir Contractors, Restore the Delta agrees with PCL’s alarm over a number of items covered in this memorandum of understanding.In this proposal:
- The State would reassign Westlands Water District a direct water right (No. 12860) for 1 million acre feet of water; (Water that Restore the Delta maintains should remain within the Delta.)
- The Bureau would grant Westlands Water District and other San Luis Contractors the title to and operational control of the San Luis Reservoir in coordination with DWR; (Transferring a public asset to a small group of special interests to work hand-in-hand with a state agency that has failed grossly to protect the California Delta.
- The United States would forgive the Westlands and other San Luis Contractors of their Central Valley Project capitol debt, and; (Gifting public property to a small group of special interests.)
- Westlands Water District and other San Luis Contractors would assume responsibility for the drainage obligation. (The Federal Government has failed to meet this obligation. What assurances and recourse would citizens have if this obligation continues to not be met?
The letter below asks Senator Dianne Feinstein to reject this fatally flawed proposal because it inappropriately transfers public assets to a small group of special interests and undermines water supply reliability, water quality, and habitat conditions in the Bay-Delta ecosystem and its watershed. We are asking her to, instead, consider an alternative drainage solution that would include more extensive retirement of drainage impaired lands, enhanced water supply reliability for California, and dedicated water resources for Bay-Delta needs.
Restore the Delta is asking its members to sign on to this letter to OPPOSE the proposed Westlands Drainage Proposal. The Planning and Conservation League we will be faxing this letter to Feinstein’s office by the end of the day tomorrow, Tuesday, July 31,
2007.
Therefore, Restore the Delta is asking its supporters to email a line of support to Barbara Barrigan-Parrilla by 2 p.m. Tuesday, July 31st. In the title of the email, please write “I OPPOSE the proposed Westlands’ Drainage Proposal,” and simply type your name on the email itself. Restore the Delta staff will then give the Planning and Conservation League a list of names to add to the letter. Restore the Delta will not share email addresses with PCL or any other contact information.
If you have any questions or comments about this letter or the proposal in question, please call Barbara Barrigan-Parrilla with Restore the Delta at 209-479-2053.
As always, we thank all of you for your strong support in advocating for the future of the California Delta.
***************************
27 July 2007
The Honorable Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510
The Honorable Barbara Boxer
United States Senate
112 Hart Senate Office Building
Washington, D.C. 20510
Opposition to proposed San Joaquin valley “drainage settlement”
Dear Senator Feinstein and Senator Boxer:
Our organizations, collectively representing over XXX Californians, appreciate your leadership in seeking a resolution to the toxic drainage problems in the San Joaquin Valley. We are committed to working toward a permanent and cost-effective solution to this lingering environmental problem.
Due to the strong concerns outlined below, our organizations respectfully urge you to reject the proposed “Collaborative Drainage Resolution” that has been developed by Westlands Water District and circulated by the Bureau of Reclamation. After reviewing the draft MOU and attending public meetings hosted by the Bureau of Reclamation, we have determined that this proposal is not an acceptable or adequate solution. Instead, this agreement would prevent California from meeting state priorities and threatens to intensify the state’s water crisis.
We recognize that many parties are working in good faith to discuss and possibly revise parts of the proposal. However, we understand that the proponents of this draft MOU deem the transfer of a permanent water-right to Westlands Water District (Westlands) and title to San Luis Reservoir non-negotiable conditions of the proposed drainage settlement. For the reasons outlined below, we consider these conditions to be fatal flaws of this proposal. Inclusion of such elements and the inherent threat they pose to California compel us to oppose this proposal.
In addition to these concerns stated below, our organizations concur with the comments previously submitted to your offices and the Bureau of Reclamation (Bureau) by the Planning and Conservation League, The Bay Institute, Environmental Defense, Natural Resource Defense Council and the California Water Impact Network. We incorporate these letters by reference.
We urge you to work with the appropriate stakeholders and federal agencies to develop a more comprehensive drainage solution which also improves, rather than undermines, water supply reliability, water quality, and habitat conditions in the Bay-Delta ecosystem.
FATAL FLAWS OF THE PROPOSAL
Increased Threat to the Bay-Delta Estuary and Endangered Species
Just as scientists are confirming that high export levels from the California Bay-Delta are contributing to the crash of key species in that ecosystem, this proposal could potentially perpetuate those unsustainable diversion levels by exchanging Westlands’ existing water contract for a firm water right. Given the imperiled state of the Delta, it would be irresponsible to solidify these dangerously high levels of Bay-Delta exports by such provisions included in the draft MOU. Granting a firm water right to Westlands Water District would eliminate all opportunity for Congressional and public oversight of the most federally subsidized water and power in the country.[1] Without periodic review of these water allocations, increased degradation of Bay-Delta water quality and its watershed, resulting from such use, could develop and remain undisclosed to the public.
No Assurance of Drainage Cleanup
The MOU fails to provide adequate assurances that the drainage problem will actually be resolved. The proposal does not provide a timeline for completion, or commit contractors to a particular method of treatment. In fact, the technology identified in the proposal has not been tested at the scale of this project, and may not be effective for such large-scale toxic clean up. In addition, the proposal fails to identify regional facilities with the capacity to discard toxic contaminants. Without a firm commitment to implement a safe and proven drainage solution, the proposal provides no benefit to the public.
Reduction in Water Supply Reliability for California
The legal priority inherent in a direct water right and the operational control of San Luis Reservoir would give Westlands more secure access to Delta water, thereby potentially jeopardizing the water supply of millions of other Californians and the health of the Bay-Delta estuary. We recognize that proponents of this draft MOU have offered to minimize such risks. However, such suggestions have been conditioned with a mandatory provision for "replacement water. This condition implies that critical protections for fish and wildlife could not be imposed on the transferred water right, thereby severely burdening other water users, the Environmental Water Account or other indemnification devices. The net effect would be to further threaten already endangered Delta species and the water supply reliability for other users.
Gift of Public’s Property to Organization of Special Interests
The proposed settlement would be an unjustified gift of public property to an entity made up of a small group of influential special interests. The settlement would not only transfer a 1 Million acre foot annual water right to that entity, it would also inappropriately grant them title to the San Luis Reservoir and forgive the massive debt they have previously incurred. At a time when the state is facing critical declines in the health of the Bay-Delta estuary and water supply reliability, this proposal would give away significant public resources necessary to address this crisis.
Moreover, contrary to statements made in the MOU, the settlement does not represent significant cost-savings for the taxpayer. It is now clear that the federal estimate of the cost for the Bureau to remedy the drainage problem on its own is greatly inflated. If the federal cost estimates were revised to accurately reflect the true costs of solving the drainage problem, it would become clear that the public assets being transferred are worth far more than the claimed savings to the government.
Scientists Excluded from Process
We are deeply concerned that, to this point, this process has excluded scientists and technical experts from the wildlife agencies, water quality agencies and other relevant regulatory authorities. This is particularly troubling given the recent history of federal political appointees overriding scientific findings and recommendations. Federal agencies charged with protecting public resources must be engaged in the development of a drainage solution.
A COMPREHENSIVE solution
The Westlands proposal fails to remedy the environmental problems of agricultural drainage that have plagued the San Joaquin Valley for over two decades and also threatens to aggravate environmental problems in the Delta. Given the proposal’s fatal flaws and the strong concerns expressed by private and public entities in California, we strongly urge you to call on the Interior Department to pursue an alternative approach that would eliminate the drainage problem in a more responsible and comprehensive manner.
Such a comprehensive alternative should include more extensive retirement of drainage impaired lands, enhanced water supply reliability for California, and dedicated water resources for Bay-Delta needs. We look forward to the opportunity to present your office with alternatives that include such components and maximize benefits for California.
We urge your office and the relevant federal agencies to provide equal consideration to alternative proposals these critical components.
Sincerely,
Cc:
Congressman George Miller
Congresswoman Grace Napolitano
Congressman Jerry McNerney
Assemblywoman Nancy Pelosi
Assemblyman John Laird
Assemblywoman Lois Wolk
Assemblyman Mike Machado
Senator Darrel Steinberg
Senator Joe Simitian
Senator Sheila Kuhl
Kirk Rogers, United States Bureau of Reclamation
Barbara Geigle, Solicitor's Office, US Department of the Interior
Steve Thompson, Regional Director, USFWS
Karen Schwinn, US EPA
Russ Strach, NOAA Fisheries
Theresa Presser, USGS
Lester Snow, Director, DWR
Tam Doduc, Chair, State Water Resources Control Board
Frances Spivy-Weber, State Water Resources Control Board
Gary Wolff, State Water Resources Control Board
Arthur Baggett, State Water Resources Control Board
Charles Hoppin, State Water Resources Control Board
Dan Nelson, San Luis Delta Mendota Water Authority
Tom Birmingham, Westlands Water District
Dennis Falaschi, Panoche Water and Drainage District
Jeff Bryant, Firebaugh Canal Water District
Steve Chedester, SJ River Exchange Contractors
Glenn Farrel, Friant Water Authority
Jeff Kightlinger, Metropolitan Water District
Greg Gartrell, Contra Costa Water District
Joan Maher, Santa Clara Valley Water District
John Kopchik, Contra Costa County
John Herrick, South Delta Water Agency
Dante Nomellini, Central Delta Water Agency
Zeke Grader, PCFFA
Antonio Rossmann, Roger Moore, Rossmann and Moore, LLC
