CSPA's Jackson calls ruling "Mother Nature's Victory"

State Board denies DWR/Bureau's emergency drought petition

February 25, 2009 -- Stating that an urgent need no longer exists, the State Water Board denied a petition submitted by the State Department of Water Resources and the U.S. Bureau of Reclamation asking that the required winter flows benefitting the delta outflow be modified by reducing current releases with the additional water to be released later in the season to provide cold water for spawning salmon.

The board ruled, "Based on then-existing hydrologic conditions, including ongoing drought conditions, extremely dry conditions in January and predicted future conditions, Petitioners believed it was necessary to seek changes in the Delta outflow requirements for the month of February. Circumstances have, however, changed since Petitioners filed their request for a temporary urgency change on February 10, 2009; an urgent need to make the changes they request therefore no longer exists."

The ruling resulted from a hearing held on February 17th where CSPA's Mike Jackson and Bill Jennings testified before the board asking that the petition be denied. No evidence exists that withholding water now would provide for greater volumes of cold water later in the year and the current releases benefit the delta, a fishery already under severe strain from the drought and the the excessive pumping which took place in the last six years. CSPA was joined by South and Central Delta Water Agencies, Butte Environmental Council, the Bay Institute and Environmental Defense. Each of these organizations provided pertinent testimony at the hearings.

The Board did not address the substantive factual issues that were the subject of the evidentiary hearing including X2 location, starting gate requirement and San Joaquin spring flows.  These issues will inevitably have to be dealt with sometime in the future. 

The State Board also declined to hold DWR/Bureau accountable for knowingly violating the standards in early February, just as they continue to ignore the ongoing violation of interior Delta salinity standards.  However, Mssrs. Jackson and Jennings of CSPA, Bobker and Rosenfield of the Bay Institute, Vlamis and Wagner of the Butte Environmental Council , Rosekrans of the Environmental Defense, and  Herrick and Nomellini of the South and Central Delta Water Agencies acquitted themselves well. The intense two-day hearing served as good preparation for the coming evidentiary battles that will ultimately define the future of the Delta and Central Valley fisheries.

A huge disappointment was that the Department of Fish and Game, The U.S. Fish and Wildlife Service and the National Marine Fisheries Service all submitted policy statements in support of the pumping, while at the same time refusing to put any of their biologists on the stand to justify their positions. This tactic will not be acceptable in the future. Should the agencies attempt to avoid testimony, CSPA will seek the issuance of subpoenas so the people representing those agencies can be cross examined.

The Board's Order Denying Petition