Drought Watch

Sen. Feinstein calls for scientific review of biological opinions and additional storage in state water bond

Sen. Dianne Feinstein was greeted by John harris, at right, before meeting in late-August with a diverse group of water and agricultural leaders to discuss solutions to the water crisis. Photo by Lisa Torres Antonsen

More than 90 agricultural and water leaders and local elected officials met with Sen. Dianne Feinstein in late-August to focus on solutions to the west side water crisis. The meeting at Harris Ranch brought in water industry representatives from as far away as southern California and Sacramento Valley, as well as local farmers, food processors, agricultural organizations and high-level state and federal water agency officials.

The discussion focused on short-, mid- and long-term solutions to fixing what Rep. Jim Costa described as a “broken Delta.”  Lester Snow, director of the California Department of Water Resources, provided an overview of statewide water conditions, recapping the need for additional storage to capture wet years’ runoff and the need for increased flexibility in operations of the water projects. “Today we are harvesting the fruits of our lack of attention to water [problems],” said Snow. “There always someone at the last minute who de-rails solutions. We can’t continue in the way we have in the past,” he added.

Snow said in 2006, statewide runoff was 173 percent of average, with carryover at 123 percent. Conversely, in 2009, statewide runoff is 67 percent of average and carryover is estimated to be around 66 percent, he said. “It would have been nice to have put this water [2006 runoff] somewhere,” Snow said, calling for additional storage facilities.

Snow, Deputy Interior Secretary David Hayes and other local water industry representatives discussed the need to implement two physical improvements including the proposed 2-Gates Project and an Intertie between the California Aqueduct and Delta-Mendota Canal. Snow said the state has already committed $17 million for construction of the 2-Gates Project, which will provide barriers to help steer the ESA-listed Delta Smelt away from the state and federal water pumping stations. Hayes said, “We will try to get 2-Gates in place by the end of the year,” citing the efforts underway to combine all the permitting processes. “Funding will not be a problem if we can get all the planes to land in sequence,” he added.  

Hayes expressed optimism to have construction begin next spring on an Intertie canal facility, which would link the California Aqueduct and the Delta-Mendota Canal. he Intertie would allow for increase flexibility in conveying water pumped from the Delta. Other short-term fixes discussed included streamlined water transfer approvals and creation of Smelt and fishery hatcheries.

The water industry officials also called for a review of the biological opinions (BO) on the Delta Smelt and salmon, both of which call for reduced export pumping and tie the hands of the state and federal governments in operation of the projects.  Several water district and agencies, as well as the State DWR and local governments have introduced legal challenges calling for a “reconsultation” of the science used to form the BOs.

Gov. Arnold Schwarzenegger wrote a letter to U.S. Secretary of the Interior Ken Salazar and U.S. Secretary of Commerce Gary Locke, expressing concern with biological opinions on ESA-listed species. “The recent biological opinions issued by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to protect threatened fish species in the Delta include overlapping and conflicting actions and restrictions that provide little or no fisheries benefit but do come at a high cost to the economy. The opinions cover both the state and federal water projects but were developed separately, by separate agencies. Ironically, these opinions work against each other, especially in wet years, which may lead to species conflict and devastating water shortages in following dry years,” wrote the Governor.

Senator calls for solution to avoid legal action

Wanting to avoid long drawn-out legal action, Sen. Feinstein took charge at the meeting and suggested “to get out of the courts and at the table” to find a workable solution to the BO debate.  After much discussion, Sen. Feinstein charged Hayes with the task of developing a plan for resolving the inadequacies and conflicts within the two BOs within the next 30 days. If a plan is not developed by the late-September deadline, Sen. Feinstein will call for a review of the BOs by the National Academy of Sciences. “We need to move ahead. The courts don’t get us ahead. We need to solve this and move forward,” she said.

For a long-term fix, Sen. Feinstein expressed support for a water bond that must include additional water storage. “I want to see a large, comprehensive, balanced bill,” the Senator said at a news conference following the meeting.  DWR’s Snow agreed. “We cannot get out of this without investment in infrastructure,” he added.

As of Agriculture Today’s deadline (Sep 9, 2009), last-ditch efforts by the California Legislature to craft a comprehensive water bond to fund infrastructure projects and conservation programs was underway – albeit slowly.