San Joaquin River Settlement Agreement press coverage

Submitted: Sep 28, 2006

Below, you will find a series of abstracts of newsclips about the San Joaquin River Settlement. On Sept. 13, fourteen environmental and recreational organizations and 29 irrigation and water districts and four federal agencies, submitted a settlement agreement to United States District Court, Eastern District of California. The agreement proposes a plan for one of the greatest river restoration projects in American history.

One of the most important laws considered in the federal court's decision, which forced the parties into settlement negotiations, was California Fish and Game Code, Section 5937.

The owner of any dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam. During the minimum flow of water in any river or stream, permission may be granted by the department to the owner of any dam to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may
be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway.

However, much -- though not all -- of the press coverage of the settlement reflects the frontier attitude of a former manager of the Merced Irrigation District:

"The price of a water right is eternal vigilance."

---------------------------

Sept. 28,2006

Lawmakers settle river dispute...Michael Doyle, Sun-Star Washington Bureau
http://www.mercedsunstar.com/local/story/12785879p-13478049c.html
WASHINGTON -- Exhausted Capitol Hill negotiators agreed Wednesday on legislation to revive the San Joaquin River below Friant Dam. Establishing a new "experimental population" of salmon, while still protecting operations on local dams and water projects, were the keys to the compromise. The next big problem is time... In part, the new deal reassures water agencies that they can renew their Federal Energy Regulatory Commission licenses on the Merced and Tuolumne rivers without additional environmental requirements solely because of the new salmon population...guarantees that federal officials in protecting the salmon "will not impose more than de minimus water supply reductions, additional storage releases or bypass flows" on the water districts...agreed to devote the capital repayment from Friant water customers to the river restoration project for the next 20 years. Even so, some Valley lawmakers voiced dissatisfaction with the haggling that included environmentalists making a last-minute push for an additional concession... Merced Democrat Dennis Cardoza, while supporting the final compromise, added that "this process should never be repeated (because) legislating by lawsuit is not the way to do public policy." "I'm pleased with the progress that's been made," said Rep. Devin Nunes, R-Visalia, but "we have to look at this seriously. The Congress has to take its time; we have to hold hearings."

Valley well-represented in river-restoration talks...Editorial
http://www.modbee.com/opinion/story/12786191p-13478313c.html
In poker, you can't win if you're not at the table. The same thing is true in water negotiations. Fortunately, we had a seat - several, in fact - at the table where a deal to restore the San Joaquin River between Fresno and Merced has been worked out. Wednesday, Sen. Dianne Feinstein announced a deal... Included were some key third-party representatives. Among them was Modesto Irrigation District General Manager Allen Short, who represented the five irrigation districts - Modesto, Turlock, Oakdale, Merced and South San Joaquin - that depend on and manage the San Joaquin's tributary rivers. Joining him was Ken Robbins, a lawyer for Merced Irrigation District, and all five valley members of the House of Representatives. The negotiations on the bill are complete, but this game is not over. Getting this bill passed will require the help of the entire valley congressional delegation...it is doable.

Sept. 27, 2006

Sacramento Bee
River lawsuit ends; will restoration work?...Editorial
http://www.sacbee.com/110/story/29845.html
It took a lawsuit by environmental groups and a sympathetic federal judge in Sacramento named Lawrence Karlton to force a compromise. The question now is how will the salmon regard the settlement? They are the true judges here. And is this legal settlement the last word? Not really. Many affected parties along the river weren't at the negotiating table. Neither was Congress, which is now wrestling with coming up with the money and deciding how a reintroduced salmon population should be regulated under the federal Endangered Species Act. The end of this contentious lawsuit means the beginning of a long and delicate process -- more negotiating, more political arm-twisting and more scrutiny of river ecolology -- with the goal of accomplishing something on a scale that has never been tried before in California. Beware of anyone declaring this mission accomplished. But celebrate an important milestone for a very troubled river.

Sept. 26, 2006

Salmon may be replenished in San Joaquin River...Michael Doyle, Sun-Star Washington Bureau
http://www.mercedsunstar.com/local/story/12777978p-13470708c.html
WASHINGTON -- The negotiators returning to Capitol Hill today hope to finish crafting the legislation needed for the river's restoration. The end result of the haggling in Democratic Sen. Dianne Feinstein's third-floor office eventually could be an estimated 500 or more spring-run chinook salmon back in the now-depleted river...the San Joaquin River salmon would swim in the shadow of the California condor, the Yellowstone area gray wolf and Florida's whooping crane. Like them, the San Joaquin River salmon would be dubbed an experimental population -- a move that can ease regulatory burdens and soften political resistance...it's become apparent that the San Joaquin River fix likely will include declaring the newly reintroduced salmon as a "non-essential experimental population." Under an Endangered Species Act provision known as 10(j), this will set the salmon apart from other protected plants and animals. Property owners wouldn't have to worry about regulators designating their land as "critical habitat," because experimental populations don't get critical habitat. It doesn't impose new regulations on private land, though critics like Rep. Dennis Cardoza, D-Merced, say it can still depress land values. For that reason, the Bush administration sparked anxiety when it designated 450,288 acres as critical habitat for the California red-legged frog and 199,109 acres as critical habitat for the California tiger salamander.

Sept. 25, 2006

Fresno Bee
River worries flood west side...Mark Grossi
http://www.fresnobee.com/local/story/12774415p-13467443c.html
LOS BANOS - A farm road runs through the shriveled San Joaquin River where chinook salmon are supposed to swim in seven years. This peaceful farming belt may be the stage for the next legal fight over restoring the dammed and dried San Joaquin. Farmers here are afraid a restoration agreement announced this month might wind up ruining some of their land. Their lucrative crop fields butt against the old stream bed. They fear a restored river will waterlog their land and prevent crops from growing. Now their representatives are in Washington, D.C., trying to protect their interests in legislation to restore the river. Among other concerns, west-side farmers want to make sure there is enough money to properly study the effects of a restored water flow in their area. They also would like to see money set aside to pay for property damage in their area. Otherwise, they say they will have to file suit if damages occur. Aside from funding, there is another sensitive question: Will the nearby flood-control channel known as the Eastside Bypass also be used in the restoration?

Sept. 24, 2006

Stockton Record
Flow will be slow...Allen Short, Modesto Irrigation District, San Joaquin Tributary Agencies and Daniel Nelson, San Luis & Delta-Mendota Water Authority
http://recordnet.com/apps/pbcs.dll/article?AID=/20060924/OPED02/609240307&SearchID=73257838248384
After 18 years in the courts, a settlement on restoring the San Joaquin River from Friant Dam to the Merced River has arrived - but only partly...still must gain the blessing of a federal judge...needs legislation authorizing the expenditure of funds for projects to finalize the settlement. The driving force behind the settlement is restoration of river flows on the San Joaquin River to allow a return of the spring-run Chinook salmon. Specifically, the final settlement resolution must include a reasonable approach to:
» Solve fishery concerns.
» Fully fund infrastructure and mitigation for restoring 142 miles of river habitat.
» Protect water rights, including groundwater, of parties not involved as well as farms, rural communities and cities that rely on the San Joaquin River and its tributaries for water.
» Guarantee that ongoing successful river and chinook salmon restoration on San Joaquin River tributaries aren't adversely impacted.
» Protect all third parties from endangered species penalties regarding reintroduced spring- run salmon.
» Provide an inclusive process for the impacted third parties to have meaningful input into the program.
Legislators and others involved must implement a balanced, long-term solution that is fair to all parties affected by San Joaquin River restoration.

Sept. 23, 2006

How is this a successful river restoration?...Cannon Michael, Los Banos...Guest commentary
http://www.mercedsunstar.com/opinion/story/12767877p-13460874c.html
Last week, when the settlement to restore the San Joaquin River was announced...I was surprised to see such positive coverage from local media...it is important for Valley residents to remember: the restoration of the San Joaquin River was not born out of a collaborative desire to bring salmon back to the river, it was brought about by litigation. The environmentalists won their lawsuit and Friant was forced into a settlement that they felt would be better than what Judge Karlton would impose upon them. NRDC has never estimated the number of spring-run Chinook salmon the restoration program would restore... My family farms along a stretch of the San Joaquin River that will be the most difficult and costly to restore, a stretch that has been termed Reach 4-b. The settlement calls for the East Side Bypass to handle some of the initial "pulse flows" required for the restoration while the capacity is increased in Reach 4-b...the bypass would be a far less costly option than creating a new channel in Reach 4-b. I am not against trying to make the restoration work, but I hope that it can be done in a balanced and fiscally responsible way.

Sept. 22, 2006

Merced Sun-Star
Politicians get a look at river restoration plan...Michael Doyle, Sun-Star Washington Bureau
http://www.mercedsunstar.com/local/story/12762086p-13456203c.html
WASHINGTON -- Negotiators are still refining an ambitious San Joaquin River restoration plan, with a tentative agreement this week to classify as "experimental" the salmon that will reclaim the river as its home. "experimental" label would mean the Merced and Modesto irrigation districts have less to fear from federal regulators. It is also a sign that river negotiators...may soon resolve completely how Congress will make the San Joaquin live again. One key solution...involves designating the newly reintroduced San Joaquin River salmon as a "nonessential experimental population." Under a rarely used portion of the Endangered Species Act, this softens the accompanying regulatory burden; for instance, critical habitat would not be designated for the salmon. Separately, negotiators seemingly outflanked a controversy over restoring a 22-mile stretch of the San Joaquin River that ends in Merced County..."upper 4-B" stretch is now depleted, causing doubts about its potential revival. Consequently, negotiators say they have agreed to call for a feasibility study... Remaining sticking points...what to do about federal hydroelectric licenses. The Merced Irrigation District's license for the Merced River Project expires in 2014, and the Modesto and Turlock districts' license for Don Pedro Reservoir expires in 2016. Negotiators must also resolve how to handle salmon in the Sacramento-San Joaquin Delta...

San Francisco Chronicle
San Joaquin River plan stall in House...Kimberly Geiger
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/09/22/BAGHNLAO5E1.DTL&type=printable
Conservationists and federal water authorities have reached a compromise to end an 18-year dispute over the damming of the San Joaquin River, but House lawmakers who reviewed the agreement Thursday said they will pursue changes to the plan before passing legislation required to complete the deal. The deal laid out a scheduled release of water from the dam to restore the river over the next 20 years -- and required lawmakers by year's end to pass a bill authorizing federal funding and oversight of the project...lawmakers at a House hearing Thursday said the settlement overlooks the effects on farmers and other water agencies that were not included in the negotiations. Lawmakers concluded the hearing with a request that the parties to the settlement negotiate a compromise with third-party interests before legislation goes forward.

Sept. 21, 2006

The cost of victory...Alex Breitler
http://recordnet.com/apps/pbcs.dll/article?Date=20060921&Category=NEWS01&ArtNo=609210342&SectionCat=&Template=printart
MODESTO - A resurrected San Joaquin River could prove even more expensive than originally thought - costing perhaps $1 billion - while causing unintended consequences for fish, some downstream water users claim. Flows from Friant Dam near Fresno could be too warm for migrating fall-run chinook salmon, they say. Meanwhile, repairing levees and widening a channel that hasn't seen flows in half a century could require huge investments and the retirement of thousands of acres of farmland. The settlement is not the final chapter...as officials from several water districts are expected to testify before a House of Representatives subcommittee today and ask for federal funds. This week...water districts that also rely heavily on the San Joaquin drainage - but were not a part of the lawsuit - are tempering that enthusiasm. Some have spent millions over the past few decades supporting fall-run chinook populations in tributaries such as the Stanislaus, Tuolumne and Merced rivers. Also, they fear the sudden reintroduction of spring-run chinook, a threatened species, could mean new water and property-use restrictions under the Endangered Species Act. A summary of the settlement says that the document was tweaked to include the perspectives of others and that no "material adverse impacts" were expected to third parties.

Sept. 20, 2006

Fresno Bee
Reshaping Nature...Mark Grossi
http://www.fresnobee.com/special/150/story/12749797p-13444961c.html
The damming of the San Joaquin helped change the Valley floor, for better and for worse. San Joaquin River was plugged as part of the Central Valley Project, a massive plan to control flooding and provide irrigation water. The sky no longer darkens with millions of ducks and geese, feasting on the river's smorgasbord of insects...the water that no longer feeds the river has helped feed the county's growth through farming and land development. To accommodate farming, swamps and wetlands were drained. The land was leveled. On the west side, large channels were built to funnel the occasional big flows of the river around areas that flooded regularly...agriculture blossomed on 170,000-plus acres in the county as well as on an additional 800,000 acres along the Valley's east side...farming further expanded when the federal Central Valley Project began delivering water from Northern California to the west side. Tinkering with the San Joaquin began long before Friant Dam. In 1911, Southern California Edison began putting together an extensive hydroelectric system in the Sierra... Harold Tokmakian was the Fresno County planning director in the 1960s before becoming a professor at California State University, Fresno...the Valley is being eroded by "lateral expansion" -- also known as sprawl. There are other reasons, too, to value river habitat, said Bob Winter, 81, a Fresno City College biology instructor for more than a half century. For instance, the kangaroo rat might someday help medical science understand kidneys better, he said.

Planting our roots in rich Valley soil...David Mas Masumoto
http://www.fresnobee.com/special/150/story/12749818p-13444972c.html
Generation of farmers of all nationalities have transformed a desert into a garden. Then came the liquid gold from the Sierra: water. They could grow most anything here...So long as they had irrigation water. This liquid treasure, combined with an entrepreneurial spirit, gave birth to generations of farmers and their families. Fresno became a magnet for farmers...the land provided a refuge to a variety of crops and farming methods. Cattle ranches and dairies, wheat, cotton, grapes, peaches, plums, nectarines, vegetables, melons, row crops. Each decade brought new seeds of change. For some, the reality did not match their dreams. Nature played no favorites when destroying a harvest. Others found the greed of humans was no different in this Valley than any other place. Years passed and the pressures did not stop. Valley agriculture became part machine, part something else, what was grown in the fields now merely raw products for others to profit from. The old family farm with farmers and their families working to grow, harvest and sell a crop has almost vanished. Or are family farmers being vanquished -- caught between the forces of business and the explosion of growth? Could land be better suited to growing houses than peaches or grapes? They came as pioneers and today still cling to the land. They are desperate to use any means to maintain a way of life. Some call them fools, stubborn individuals refusing to let go of the bounty of this Valley. Most are still dreamers; that's why they still farm.

Sept. 15, 2006

Two parties at odds over San Joquin restoration costs...Michael Doyle, Sun-Star Washington Bureau
http://www.mercedsunstar.com/local/story/12717970p-13413996c.html
WASHINGTON -- Many farmers and environmentalists now agree on restoring the San Joaquin River. They do not, however, agree on how much it will cost. Environmentalists believe $250 million will suffice. Farmers served by Friant Dam think $800 million is more like it. On Thursday, Department official Jason Peltier joined with four members of Congress, myriad staff members and top negotiators for a closed-door, Capitol Hill briefing on the ambitious San Joaquin River restoration plan... Radanovich is expressing optimism, Rep. Devin Nunes, R-Visalia, exited the briefing Thursday as angry as ever...insists there's a lot more concern bubbling beneath the public surface. Representatives of the Merced Irrigation District and the so-called "exchange contractors" from the San Joaquin Valley's West Side are crafting alternative proposals in Washington this week. They hope to modify the proposed legislation that's needed to implement the river restoration plan; for instance, to protect them from further Endangered Species Act obligations when the salmon is reintroduced. The big gap in cost estimates, for instance, stems largely from uncertainty over what standards new levees will have to meet. State regulators could get the final say, as they will eventually set the levee standards.

Sept. 14, 2006

9-14-06
NRDC Press Release...9-13-06
Attachment:
Peter Moyle, Professor of Fisheries Biology, University of California Davis..."Bringing the San Joaquin River back to life will be one of the greatest restoration projects ever undertaken in the United States. Over 150 miles of river will once again provide vital habitat for not only salmon but for a wide array of other native fish, plants and wildlife. Restoring one of California's long lost salmon runs will be a strong symbol of our willingness to make California a better place for both wildlife and people. I also anticipate that restoring flows to the river will have a positive effect on the Delta, an ecosystem in crisis. This monumental restoration effort could not come at a better time."
Zeke Grader, Executive Director, Pacific Coast Federation of Fishermen's Association..."Over the past century, West Coast salmon rivers have been devastated by water development and other activities. This agreement provides salmon fishermen with a ray of hope...
Dante Nomellini, Manager and Co-Counsel, Central Delta Water Agency..."Drying up the San Joaquin River harmed more than fish...
Philip Atkins-Pattenson, Outside Counsel for the NRDC Coalition, Sheppard, Mullin, Richter and Hampton LLP..."This settlement represents the triumph of optimism and collaboration among the parties...
Gary Bobker, Program Director, The Bay Institute...The San Joaquin River is the missing limb of San Francisco Bay...
Bill Jennings, Executive Director, California Sportfishing Protection Alliance..."This is a truly historic settlement that not only breathes life into a dead river but will measurably improve water quality and lessen human health impacts in the Sacramento-San Joaquin Delta...
Lydia Miller, President, San Joaquin Raptor Wildlife Rescue Center..."Restoring the San Joaquin River will benefit salmon and numerous other native wildlife species, and it will improve the natural habitat along much of the river. It will also improve the quality of life for Valley residents and provide recreational opportunities."
Walt Shubin, Fresno County Raisin Farmer..."As a farmer who grew up on the San Joaquin River, I know that salmon and farming can coexist - I've seen it...
Chuck Bonham, Senior Attorney, California Director, Trout Unlimited..."This settlement shows the remarkable things that people can accomplish when they work together to restore damaged ecosystems...

Merced Sun-Star
River plan needs support in D.C...Michael Doyle, Sun-Star Washington Bureau
http://www.mercedsunstar.com/local/story/12713171p-13409800c.html
WASHINGTON -- The political headwaters for the San Joaquin River now shift to Capitol Hill, where Congress is supposed to turn a river restoration plan into reality...ambitious river plan formally rolled out Wednesday relies on quick congressional action... Theoretically, the new San Joaquin River settlement could collapse if Congress doesn't act by Dec. 31. Ken Robbins, an attorney for the Merced Irrigation District, and other California water professionals will be listening closely on Capitol Hill today as negotiators brief lawmakers about the deal that until Wednesday remained under tight wraps. The Merced Irrigation District, for instance, is a "third party," because it was not part of the lawsuit. Robbins said the district worries about sufficient funding for river channel improvements, and new Endangered Species Act burdens resulting from the reintroduction of the threatened spring-run salmon by 2013. "It poses some enormous problems," Robbins said, adding that "we're going to propose some changes to (the bill.) ...This raises other problems, though, because the settlement agreement requires that the legislation be approved "substantially in the form" that it's been proposed by the original negotiators. On Capitol Hill, congressional staffers expect some changes, and suggest neither farmers nor environmentalists will be too quick to back out. Democratic Rep. Dennis Cardoza of Merced, while applauding the work done on the settlement, cautioned that he could not support a deal if it comes "at the expense of those not party to the legislation." Rep. Devin Nunes of Visalia, characterized the proposed legislation as a "gun to the head" of Congress.

Fresno Bee
Accord pumps new life into river...Mark Grossi and E.J. Schultz
http://www.fresnobee.com/local/story/12713238p-13409904c.html
The historic deal is finally done, and the San Joaquin River - barring unforeseen snags - will flow freely again...a settlement that will launch what could be the largest river restoration in the history of the American West. The deal, announced in front of a federal courthouse in Sacramento, ends an 18-year-old federal lawsuit... Environmentalists heralded the agreement as the beginning of a new era, not only for the state's second-longest river but also for the state's vast waterways. "This agreement provides that once again the San Joaquin will flow from its headwaters in the High Sierra all the way to San Francisco Bay," said Hal Candee, senior attorney with the Natural Resources Defense Council, the lead plaintiff in the case. The San Joaquin Valley River Exchange Contractors Water Authority, representing west-side farmers, wants to make sure there is enough money to buy land and rebuild the river where it has not existed for decades. A hydrologist for the Bay Institute, one of the plaintiffs in the lawsuit, said the water used for restoration could be pumped back to farmers for use in the fields after it travels through the river. Once river water reaches the Sacramento-San Joaquin River Delta pumps, it can be sent back through canals to farmers. "We've done it already in tests, and it works," said hydrologist Peter Vorster...

A river shall run through it...Editorial
http://www.fresnobee.com/opinion/story/12713227p-13409910c.html
A marathon legal battle over the fate of the San Joaquin River inched closer to a settlement Wednesday... If the deal is finally done, over time it will change the face of the Valley — and for the better, we believe. Federal funds and state bond money would be tapped to pay for the costs of the restoration, as part of a "San Joaquin River Restoration Fund" created under the deal. There are obstacles...a particular concern downstream...settlement language apparently includes a guarantee that land will be purchased only from "willing sellers... Another touchy subject is language in the settlement that appears to place a year-end deadline on Congress to pass the necessary enabling legislation. Here's hoping this deal turns out to be a model for future compromises, rather than an ephemeral aberration.

Stockton Record
Parties agree to go with the flow...Alex Breitler
http://recordnet.com/apps/pbcs.dll/article?AID=/20060914/NEWS01/609140344/1001
SACRAMENTO - Described by conservationists as the "missing limb" of San Francisco Bay, the San Joaquin River will again flow... The resurrected river will flush out pollutants and improve water quality in Stockton and San Joaquin County, conservationists say. Fish will return, followed by recreation and tourism dollars. And the algae blooms that often turn the river's waters a sickly pea green may be diminished. Wednesday's agreement among farmers, environmentalists and the federal government ends nearly two decades of courtroom clashes over water diversions at Friant Dam... The San Joaquin will become "a living ecosystem instead of a contaminated drainage ditch," said Hal Candee, a lawyer for the Natural Resources Defense Council, which first filed suit against the federal government and agricultural water users in 1988. "The federal government for years took a callous attitude toward the river," said Dante Nomellini, a Stockton water attorney who represents water users through the Central Delta Water Agency. While some farmers were praising the restoration plan, concerns remain over how much water they will lose...plan includes several strategies to make up for that loss, including bolstering groundwater supplies during wet years, transferring water from other groups and, when possible, recirculating any excess water from the Delta. "In many respects, the litigation has been the cork in the bottle for restoration efforts on the river," said Lester Snow, director of the California Department of Water Resources. "While that litigation was pending, it's been very difficult to pursue restoration. "We can now move forward."

Sept. 13, 2006

Restoring the San Joaquin...Michael Doyle, Bee Staff Writer and Mark Grossi, The Fresno Bee
http://www.modbee.com/local/story/12708691p-13405707c.html
WASHINGTON - More water should start flowing down the San Joaquin River by 2009 under a long-awaited settlement... Farmers and environmentalists have worked out the details during months of negotiations. The agreement will be presented to a federal judge in Sacramento this morning, in hopes of settling an 18-year-old lawsuit...agreement includes an apparent deadline for Congress to approve by Dec. 31. Feinstein will introduce the legislation to authorize the river fixes. Outside parties not allowed to sue...draft of the legislation authorizes the federal government to buy land from "willing sellers." All environmental laws must be complied with - a blow to some water agencies hoping for exemptions. Outside parties - such as the Merced Irrigation District - can't sue if they're unhappy with how the settlement works. The proposed legislation establishes a "San Joaquin River Restoration Fund... The agreement will not automatically dissolve if the legislation strays beyond the deadline, said Friant Water Users Authority lawyer Dan Dooley.

Irrigation districts worried about costs, loss of water...Michael G. Mooney, Bee Staff writer
http://www.modbee.com/local/story/12708700p-13405719c.html
Stanislaus and Merced water agencies are voicing concern about an agreement to restore a 153-mile stretch of the San Joaquin River. The $1 billion plan - assuming it wins congressional approval - will be one of the largest river restoration projects in the nation's history... would send more water through the San Joaquin River by 2009 and reintroduce salmon by 2013. "We believe there should be a settlement," Garith Krause of the Merced Irrigation District said Monday, "but that settlement shouldn't add additional burdens to those of us downstream." The Modesto and Turlock irrigation districts have questioned the settlement pact, as have the Westlands Water District, San Joaquin River Exchange and the San Luis & Delta-Mendota Water Authority. Key concerns include:... Allen Short, general manager of the Modesto Irrigation District, and the others will lobby for legislation that will:... If the legislation substantively differs from what negotiators agreed to, at least one lawmaker said, the deal could fall apart.

Stockton Record
Agreement reached on river restoration (11:05 a.m.)...The Record
http://recordnet.com/apps/pbcs.dll/article?Date=20060913&Category=NEWS01&ArtNo=60913002&SectionCat=&Template=printart
A historic agreement to restore water flows for salmon in the San Joaquin River below Friant Dam near Fresno while undertaking one of the West’s largest river restoration efforts was announced today by the Natural Resources Defense Council, Friant Water Users Authority and U.S. Departments of the Interior and Commerce...settlement, filed this morning in U.S. District Court in Sacramento, ends an 18-year legal dispute over the operation of Friant Dam and resolves longstanding legal claims brought by a coalition of conservation and fishing groups led by NRDC.

San Francisco Chronicle
Settlement will restore San Joaquin River...Glen Martin
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/09/13/BAGG9L4KHQ1.DTL&type=printable
The San Joaquin Rive will be restored under a settlement announced today...be announced at news conferences in Sacramento and near Fresno, is the result of years of negotiations over a lawsuit filed in 1988 by environmental groups and fishing advocates. Sources, speaking on the condition of anonymity because of a federal gag order, told The Chronicle that the settlement between water users and environmental groups requires that Friant Dam release between 364,000 and 462,000 acre-feet of water in normal years to help restore spring and fall salmon runs. One acre-foot is equivalent to 326,000 gallons, or roughly enough to meet the annual needs of five people. Kole Upton, a farmer and chairman of the Friant Water Users Authority, said the judge's decision required everyone involved to compromise. "If you have a judgment inflicted from above, you can end up feeling like the Germans after the Treaty of Versailles." "The important thing here is that we now have a partners in restoration and mitigation, not adversaries. That makes all the difference."

Sept. 12, 2006

Modesto Bee
Be careful about restoring San Joaquin River...Allen Short, general manager of Modesto Irrigation District and represents the San Joaquin Tributary Agencies
http://www.modbee.com/opinion/community/story/12704925p-13402258c.html
After 18 years in the courts...a settlement of the San Joaquin River...but only partly. The driving force behind the settlement is restoration of river flows to allow a return of the spring run Chinook salmon. Millions of dollars have been expended and more than 500,000 acre-feet of water released by irrigation districts and water agencies to provide conditions in the tributaries to improve and sustain the fall run. These efforts might be severely jeopardized if water temperatures exceed safe limits for fall run salmon fry. This could happen if sufficient Friant water does not flow through the existing shallow San Joaquin River channel upstream (south) of the Merced River on its way to the delta. These efforts must be recognized and protected from any negative effects as a result of the court and legislative action needed to complete the settlement. Specifically, the final settlement resolution must include reasonable approaches to:... Now is the time to support our representatives' efforts to obtain authorizing legislation that will complete the settlement process. Legislators and others involved must be careful to implement a balanced, long-term solution that is fair to all parties affected by San Joaquin River restoration activities.

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