In a landmark decision, a Federal Judge on August 31 ordered State and Federal water project managers to reduce the amount of water pumped from the Sacramento-San Joaquin River Delta. Currently, the Delta serves as a crossroads for the movement of water supplies to Southern California, providing water to 23 million Californians and about 5 million acres of farmland and. The Judge’s order could cut water exports to Southern California by up to 37%.
The ruling by U.S. District Judge Oliver Wanger came in a case brought by the Natural Resources Defense Council and Earthjustice against the Department of Interior and State and Federal water officials. Judge Wanger found that current Delta operations kill thousands of fragile Delta smelt, a finger-length fish listed as “threatened” under the Endangered Species Act. 58 Fed.Reg. 12863. Biologists report that smelt are facing extinction because the fish are weak swimmers and tend to be sucked into the water system’s massive pumps and killed. Based on the requirements of the Endangered Species Act, the judge called for pumping reductions from December, when the fish are ready to spawn, through June, when the fish can move out of harm’s way from the pumps. National Resources Defense Council, et al. v. Kempthorne, et al. (Aug. 31, 2007) Case No. 1:05-cv-01207.
While environmentalists generally praised the ruling, water officials said the decision could result in mandatory water rationing. The Metropolitian Water District of Southern California (“MWD”), which provides drinking water to nearly 17 million people, obtains 60% of its water from the Delta. “We’re going to have to call for unprecedented levels of conservation from our … customers,” said Roger Patterson of the MWD.
The decision also is expected to impact California’s farming industry. MWD has already warned local farmers to expect a 30% cutback in January, and San Joaquin Valley farmers said that decision could cause up to 236,000 acres of farmland taken out of production, a decrease of as much as $294 million in production revenue, and a loss of up to 4,000 jobs.
In response to the decision, there have been renewed calls for a State-financed solution to California’s water needs. Currently, the legislature is considering two competing proposals by Governor Arnold Schwarzenegger and Senate President Pro Tem Don Perata (D-Oakland). Gov. Schwarzenegger’s $5.95 billion plan includes $4 billion for two State-built dams, while Perata’s $5 billion plan would direct money to local water agencies. Both plans would put a bond on the State ballot in 2008. Legislators are hopeful a plan will be approved by the end of the legislative session on September 14.
Sources: The Los Angeles Times, The Sacramento Bee, The Fresno Bee, www.californiaprogressreport.com.
Delta smelt. Source: www.earthjustice.com