Department of Water Resources Sued for Flagrant Violation of the California Endangered Species Act

(Stockton, CA) Watershed Enforcers, a project of the California Sportfishing Protection Alliance (CSPA) today filed a lawsuit accusing the California Department of Water Resources (DWR) and its Director, Lester Snow, and key employees of violating the California Endangered Species Act (CESA). The action alleges that DWR has violated CESA by capturing and killing threatened spring-run Chinook salmon, endangered winter-run Chinook salmon and threatened Delta smelt at its South Delta pumping facilities without securing the legally required authorization from the California Department of Fish and Game (DFG). The Petition for a Writ of Mandate asks the court to order the defendants to either, 1) immediately cease operation of its South Delta pumping plant in a manner that kills fish, or 2) procure authorization from the DFG pursuant to CESA or 3) show cause why such cessation or authorization is not mandated by CESA.

“One only has to look at DWR’s refusal to comply with the most basic requirements of California law protecting endangered species to understand why the Delta’s ecosystem is experiencing catastrophic collapse,” said CSPA’s Executive Director Bill Jennings. “At a time when state and federal agencies are spending millions of dollars on emergency studies to identify the cause of the crash of Delta fisheries, DFG and DWR have conspired, with a wink and a nod, to exempt the State Water Project pumps – the largest killer of endangered species in the estuary - from having to comply with the fundamental requirements of CESA.”

Under CESA, the killing or harming (“taking”) of listed species my occur only if DFG finds that the “taking” is consistent with an incidental take statement issued pursuant to the federal Endangered Species Act (ESA) or an incident “take” permit issued by the Director. Unlike the federal ESA, the state’s CESA requires that any “take” authorization must ensure that impacts are 1) minimized and fully mitigated, 2) required mitigation measures are capable of successful implementation and 3) adequate funding exists to implement mitigation measures. No permit may be issued if the action will jeopardize the continued existence of a species.

“Our intent is to put this case on the fast track, “ said Michael Lozeau, counsel for Watershed Enforcers. All three of these species face the risk of extinction and the Delta smelt, in particular, is hanging on by a thread. DWR, as well as the DFG, must immediately begin to implement the state’s endangered species law to protect these fish.”

CSPA is a public benefit conservation and research organization established in 1983 for the purpose of conserving, restoring, and enhancing the state’s water quality and fishery resources and their aquatic ecosystems and associated riparian habitats. CSPA has actively promoted the protection of water quality and fisheries throughout California before state and federal agencies, the State Legislature and Congress and regularly participates in administrative and judicial proceedings on behalf of its members to protect, enhance, and restore California’s water quality and fisheries.