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California Sportfishing Protection Alliance
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CSPA files formal protest over petition to increase water exports from the delta, change pumping regime

 

April 14, 2009 -- The California Sportfishing Protection Alliance (CSPA) has filed a formal protest with the State Water Resources Control Board (State Board) over the petition by the California Department of Water Resources (DWR) and the U.S. Bureau of Reclamation (Bureau) to change the “Place of Use” of their water rights. 

The petition seeks to expand the authorized place of use contained in the State Water Project (SWP) and Central Valley Project (CVP) water rights permits in order to facilitate increased water transfers to southern California.  It essentially allows DWR and the Bureau to interchangeably use their respective export facilities to transfer water to their water contractors and is a fundamental change in the water rights issued to the agencies.  Pursuant to the Governor's Emergency Drought Proclamation, compliance with environmental review requirements and Delta flow and water quality standards have been waived.

No details of the “numerous potential water transfers” are available (i.e., source, quantity, timing, etc.).  However, DWR and the Bureau claim that, even though no details are available, there will be no adverse impacts to fisheries (sic).  CSPA has identified numerous discrepancies, misstatements and errors in the petition and believes the proposal has enormous potential to further damage the already degraded fishery resources of the Bay-Delta Estuary and tributaries.

An evidentiary hearing has been scheduled by the State Board to consider the petition (testimony under oath, cross examination, rebuttal, etc.).  Protests were required to have been filed Monday (13th).  A pre-hearing status conference is scheduled for the 16th, the deadline for testimony, exhibits and qualifications is the 22nd, and the formal hearing will be held on April 28 and 29. 

Mike Jackson will represent CSPA and Executive Director Bill Jennings will provide expert testimony.  CSPA expects to issue subpoenas for additional needed testimony.

CSPA will work closely with C-WIN, South and Central Delta Water Agencies and the County of San Joaquin in opposing the petition.

 

CSPA's formal protest

 

DWR/Bureau Petition