Broken promises -- comments on water decision by Felix Smith

                               Area of Origin Protection:
                            A Promise that has been Broken  
by Felix Smith, May 25, 2010
 
A promise was made to Northern Californians in the 1920’s and1930’s when the federal and state water projects were being proposed to protect area of origin rights and interests.  That promise was that only water which was surplus or excess to the needs of Northern California watersheds, communities and water users would be exported.  This essentially means if you export water "do no harm" to Central and Northern California communities and the fisheries.  This promise was embodied in California law as a condition on the State Water Project and the Federal Central Valley Project.
 
This promise has been broken again and again by the operators of the State Water Project and the Federal Central Valley Project. The needs of Central and Northern California watersheds, the fisheries of the Delta, tributary rivers and streams sheds are frequently not being met.  Those needs include protecting our water and fisheries, associated public trust uses and ecological values.   The harm has been so great that the numbers of Chinook salmon and Steelhead and other fish species and their habitats have been greatly reduced to where the people have sought protection for these species under the Federal and California Endangered Species Acts.  Pushing Northern and Central California Chinook salmon and Steelhead numbers so low to require protection under the Endangered Species Acts, doesn’t equate to "do no harm".  Water quality of the Delta and some tributaries is poor and not healthy for fish and wildlife.
 
Westside San Joaquin Valley corporate farms and Southern California water interests are now trying to gut the limited protection of Central and Northern California fisheries and associated public trust interests, so that water exports pumped from the Delta can be increased to a guaranteed amount per year in any given year.  The Westside farmers have contracts, not water rights. The Bureau of Reclamation is supposed to determine the amount of water each contractor receives based on the water available and the terms of the contracts.  These same interests want the Bureau to ignore its obligations and to ignore the past promises to take only water that is surplus or excess to the needs of the areas where the water originates. 
 
This is not a” fish versus people” thing.  It is a people and people thing.  The harvesting and consumption of salmon serves as many, if not more human and small business needs than does the harvesting and consumption of land grown crops, and it does so without poisoning the land or polluting the aquatic environment.                            
 
          The promise that only water surplus or excess to the needs of Central and Northern California would be taken has been broken.  That promise must be kept.  The people must be ready to go to court, if the State Board fails or is non-responsive to the issues surrounding Watershed and Area of Origin protection and the limitation imposed by Water Code 11460 and 11463. 
 
           If we do not protect our “Area of Origin” and “Watershed Protection” resources, uses, and values for people, we fail to protect and safe guard our salmonid fishes and we then fail in our public trust responsibilities for everyone’s children.  Our Grandchildren’s resources and opportunities are at stake.