Agriculture Today - June 2008
Special Section: Water

San Joaquin River restoration effort, legislation advance

By J. Randall McFarland
Friant Water Users Authority

Much-awaited federal legislation for the San Joaquin River Restoration Program’s implementation has been something like production of a fine wine – taking lots of time to mature.

The wait may have been worth it.

Needed to federally authorize the ambitious river restoration program envisioned 20 months ago when 18-year litigation over the river was settled, a much revised and strengthened version of the legislation was approved by the U.S. Senate Energy and Natural Resources Committee on May 7. The settlement is to restore water flows to make possible a salmon fishery below Friant Dam.

“It turned out that there were many bumps along the road with the legislation and, in one sense, it’s just as well,” said Friant Water Users Authority Consulting General Manager Ronald D. Jacobsma. “It has taken a tremendous amount of work by all concerned, but we have been able to address the concerns we heard voiced by third parties along the river and some of Friant’s own constituents, and we have a stronger legislative package because of it.

“We have full consensus among our member water districts in supporting the bill and appreciate the backing from the federal legislators such as California Senator Diane Feinstein and Representatives Jim Costa, George Radanovich, and Dennis Cardoza. It’s up to Congress to determine where the bill goes from here but the committee’s passage news was a major step forward.”

Jacobsma said the FWUA continues to be pleased that the Settlement will resolve such a long-standing dispute and terminate major, costly and divisive litigation. He pointed out that the consensus basis which has framed the Settlement, the original legislative changes and the new amendments has earned the support of federal and state agencies, water districts, and conservation groups. 

“It is to everyone’s benefit to put an end to this dispute and implement this historic Settlement so Californians can give greater attention to other problems in the Delta and elsewhere,” Jacobsma said.

He acknowledged the settlement has generated concern and debate but pointed out that it “was drafted by many of the state and federal agencies, local water districts and environmental organizations that are also working on California’s other pressing water issues.”

In addition, Jacobsma noted, a negative vote has never been cast on the Settlement or the proposed legislation within the FWUA board, which is composed nearly exclusively of farmers or farm managers whose businesses and livelihoods will be affected and shaped by these decisions far into the future.

The legislation was originally introduced by valley Rep. George Radanovich of Mariposa and Senator Dianne Feinstein of California.

Only a few weeks earlier, the 18-year-old river litigation settlement was signed by the Natural Resources Defense Council (NRDC) and its environmental and commercial fishing coalition, the Friant Water Users Authority and its member districts; and the United States Government.

Congress did not act on the measure during its short session following the November 2006 election and identical bills were re-introduced in the Senate and House in January 2007. Contrary to expectations among the settling parties, and by a team of Bureau of Reclamation staff members gearing up for the project, the bill’s progress stalled.

The main obstacle was the “Pay-Go” issue, a pay-as-you-go approach to new programs adopted in 2007 by Congress.  In addition, another valley Congressman, Rep. Devin Nunes of Tulare, raised a number of concerns about the Settlement itself.

Divisions also developed when the House bill – which had been re-authored by Rep. Jim Costa of Fresno – reached the Resources Committee.

It was approved 25-15 but over objections from some minority Republicans raised on a procedural Pay-Go solution and the arguments that the settlement would cost the Friant Division too much water.

At the urging of Congressmen Costa, Radanovich and Cardoza, the settling parties entered new negotiations to resolve various issues and help develop stronger legislation.

Senate Bill 27, as sent to the Senate Energy and Natural Resources Committee, maintains the original elements needed to authorize the U.S. Bureau of Reclamation to implement San Joaquin River restoration projects.  However, it also includes important revised financial responsibility details.

Friant districts that hold contracts for use of federal Central Valley Project water from the Friant Division and San Joaquin River will accelerate payment of their construction obligation to the federal government. They will do so by converting their existing water service contracts to repayment contracts with specified conditions. The new contracts will be permanent and remove Friant contractors from certain provisions of Reclamation law.

“With many good ideas and significant help from the settlement’s backers in Congress as well as many others, we have legislation that is stronger and we believe more likely to move through Congress and be signed by the President,” said Jacobsma.

The legislation’s most significant change was inclusion of a great deal more specificity and detail around the settlement’s Water Management Goal.

“Friant from the start has had water supply and cost certainty for our users first and foremost in mind,” Jacobsma said. “We continue to believe that the settlement’s assurances of set and certain amounts of water to be released for river restoration, along with ways of eventually getting it back, are a far better path to take than putting the salmon restoration issue back in the hands of a federal judge in Sacramento.”

With Friant’s historic San Joaquin River supply from the U.S. Bureau of Reclamation’s Central Valley Project expected to be reduced an average of 15-20 percent, a Water Management Goal (co-equal to the Restoration Goal) of getting water back to Friant users was made a part of the original settlement. Additional details emerged as new and amended provisions in the bill.

Improvements to the Friant-Kern and Madera canals to restore their design flow capacities (decreased over the years by ground subsidence and other factors) would be a significant contributor. So would new and expanded local groundwater storage programs around the Friant Division. Additional water recovery from an expanded recirculation program (as provided in the Settlement) is currently under evaluation and may be dependent upon environmental issues in the Delta.