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Can the State Water Board Comply with the Law? Evidentiary hearing begins Thursday, 25 June 2009
by Bill Jennings, Executive Director, CSPA
June 24, 2009 -- The State Water Resources Control Board is again attempting to provide the Department of Water Resources (DWR) and U.S. Bureau of Reclamation (USBR) a shield to protect the agencies from the law: in this case, DWR/USBR's 31-year failure to comply with salinity standards in the Delta. Compliance with the salinity standards would also benefit fish.
In a sense, the hearing is not about DWR and USBR: it is about Governor Schwarzenegger's and the State Water Board's ability and willingness to enforce the law. It is about whether anyone can rely on the assurances, guarantees and promises to implement, comply with and enforce statutory and regulatory requirements. The answers are crucial considering the looming battles over the Bay Delta Conservation Plan, Delta Vision and peripheral canal. If state agencies and boards cannot be trusted to comply with the law in this situation, what assurance can be relied upon that they will operate a peripheral canal in compliance with the law.
Delta salinity standards were first adopted in 1978. They have been ignored and violated since adoption. When it became obvious that DWR/USBR would be exposed to citizen enforcement lawsuits when they failed to meet the latest 1 July 2009 deadline to “obviate the threat of noncompliance with interior southern Delta salinity standards,” they immediately appealed to the State Board to extend their compliance deadline. That deadline was included in the 2006 Cease and Desist Order issued by the State Water Board following a contentious hearing after years of delay and noncompliance. CSPA was a party to that hearing. Obligingly, State Board rushed to schedule an expedited hearing.
Thursday, the State Board begins the evidentiary proceeding to determine whether to extend the timeline. CSPA, C-WIN, South and Central Delta Water Agencies and the County of San Joaquin are urging the Board to enforce the law. All submitted extensive testimony and exhibits.
DWR and USBR are pleading for the compliance schedule to be extended and submitted testimony and exhibits.
Westlands Water District, San Luis Delta-Mendota Water Authority, San Joaquin River Group Authority, San Joaquin River Exchange Contractors, Stockton East Water District and Contra Costa Water District did not submit testimony and exhibits but will offer policy statements and participate through cross-examination and rebuttal.
Attorney Michael Jackson is representing CSPA in this matter.
For a more complete explanation of the issue, see the attached testimony of Bill Jennings and the 9 June 2009 article on CSPA's website titled State Water Board Launches Another Assault on Delta Fisheries and Water Quality.
Jennings' testimony to be presented before the board