9-12-08

 9-12-08Merced Sun-StarFive at Merced housing nonprofit face criminal chargesFirm Build still hasn't paid many subcontractors for work performed years ago...SCOTT JASONhttp://www.mercedsunstar.com/167/story/449952.htmlFive people, including two local public officials, face criminal charges ranging from grand theft to felony embezzlement tied to the demise of a local nonprofit funded mainly by taxpayers.Firm Build was formed by the Housing Authority in 1998 with the high-minded goal of teaching poor residents and troubled teens to become carpenters and builders. It was touted at a contractors' forum four years ago as a great resource for local builders to find skilled workers. The Hispanic Chamber of Commerce named it "Business of the Year" two years ago.Today, far from being hailed as a training school to keep kids out of gangs, Firm Build has become the target of the most far-reaching criminal investigation in the 15 years that District Attorney Larry Morse II has been in that office...The district attorney's 17-page complaint with 27 charges and six reams of reports to back up the allegations finally sheds light on what happened to one of the city's most prominent nonprofits. It had what seemed like a winning business model of free labor at the height of the county's building boom. Only now will people begin to understand how Firm Build went from an innovative program to an allegedly criminal nonprofit enterprise.Fresno district attorney investigators arrested Firm Build' administrative manager Joe Cuellar, a former Fresno city planner and former Housing Authority employee on Thursday. Firm Build construction manager Rudy Buendia III, a Merced County planning commissioner and former Housing Authority commissioner, learned of his arrest warrant through his attorney. He refused to turn himself in and is now considered a fugitive...Buendia and Cuellar allegedly left dozens of subcontractors unpaid, misused school funding, defrauded Merced residents and renovated homes below industry standards, according to the criminal complaint filed Wednesday.Investigators also arrested Firm Build's former bookkeeper, Christina Ledezma, and Merced County Office of Education coordinator Patrick Bowman, who served as the nonprofit's board president.Buendia's father, Rudy Buendia II, also faces misdemeanor charges for contracting without a license...The criminal case exposes the incestuous relationship that formed between the Merced County Office of Education, the Housing Authority and Firm Build. Left unchecked, it allegedly led to abuses of power, squandered taxpayer money and fraud.The investigation also highlights a rotating group of residents who wield power on interconnected public and private Merced County boards.Buendia serves as a planning commissioner and also was a Housing Authority commissioner (both are Board of Supervisors appointments), while leading Firm Build.Bowman, meanwhile, served as the nonprofit's president while also working at the county education office. In May, the Board of Supervisors unanimously appointed him to the Housing Authority's board, despite a publicized probe by the District Attorney's Office into Firm Build...Loose Lips: Will cycling legend Lance Armstrong bump along G Street?http://www.mercedsunstar.com/167/story/449980.htmlAre better bike lanes on the way? Probably not, though it may be time for Merced to roll out the red carpet ... or a fresh coat of slurry seal. Lips learned that none other than Lance "I don't dope, and now I'll prove it" Armstrong may be pedaling his way through Merced's rocky roads on the Amgen Tour of California next year. Merced was named one of the host cities, which means it will draw fans and cyclists from across the nation.When the news was announced, city leaders began ringing their bells. It's attention! It's sales tax! It's hotel tax! It's a bunch of bikes?!?!This past week, word began spreading that Armstrong was going to stop listening to Bruce Springsteen's "Glory Days," slip into his spandex and hop back on his 10-speed, racing in a slew of contests, including the Amgen.No deals have been signed so Lips isn't sure whether his rubber will hit our roads. (Too bad he can't fly into Merced Airport so there can be another celeb added to the list.)Nonetheless, the city's getting ready for the checkered flag to be waved and the the money to roll in on two wheels.The route from Merced to Clovis hasn't been revealed yet, but the city's willing to make sure the road is as clean as possible, Deputy Director of Public Works Mike Wegley said. That means the street sweeper will brush off the particulate matter and fill any potholes that could turn a cyclist into a gymnast.Wegley is still stuck trying to figure out how the cyclist will get from Merced to Clovis without using a highway. Lips thinks the Merced County Association of Governments -- the road gurus -- should build the Amgen Expressway.If not, the cyclists will probably be zig-zagging southward across the county. Armstrong's former flame Sheryl Crow sang, "Every day is a winding road." For the cyclists in Merced, it'll be a bumpy one.Letter: Taxpayers' money...RUSSELL MORRISON, Atwater http://www.mercedsunstar.com/180/story/449947.htmlEditor: How did a candidate for a doctorate walk away from the UC Merced laboratory with ten thousand dollars worth of equipment? Were the security personnel watching him load this equipment into his car?And how many more doctoral candidates are out there who also need university equipment to start up their own little business, thanks to the taxpayer?The Sun-Star story about the theft should have included the names of the responsible persons at the university and what they are doing to protect the taxpayer's investment.Those responsible would probably answer, "We thought he was doing his homework."Fresno BeeSmelt again at center of water conflictEnvironmentalists want 3 dozen contracts canceled or reworked...John Ellishttp://www.fresnobee.com/263/v-printerfriendly/story/862098.htmlEnvironmentalists want the federal government to cancel or renegotiate more than three dozen long-term water contracts in the Central Valley because they say they were drawn up using flawed data. If the request is approved by U.S. District Judge Oliver Wanger, agricultural users both north and south of the Sacramento-San Joaquin Delta say it would likely mean less water for them. Some say the environmentalists' request has the potential to turn the state's intricately woven water world upside down. That's because some Sacramento River users say that if there's no federal contract, they should be able to reassert their longtime state water rights -- a claim that could devastate the Westlands Water District and even hurt the Friant Water Users Authority and other San Joaquin River water users.Wanger today will hear arguments in his Fresno courtroom on the request to cancel water contracts in a case involving the tiny delta smelt, which environmentalists say is facing extinction...Data from that opinion -- which is being rewritten by the U.S. Fish and Wildlife Service -- were used to help craft the new 25- to 40-year contracts with the 42 different users. Environmentalists say the contracts should instead be based on the new smelt opinion, which is scheduled to be finished next year. Trent Orr, an attorney with Earthjustice, a nonprofit legal watchdog group in Oakland, said the environmentalists aren't seeking to stop water deliveries. Instead, they want the contracts to be deemed legally invalid, but then keep the order from taking effect for one year while interim contracts are negotiated.More potentially explosive, some say, is language in a legal brief on the contract issue filed by 22 Sacramento River settlement contractors -- water users who had used Sacramento River water before the federal Central Valley Project was constructed beginning in the late 1930s. These users say in court filings that if there are no valid federal contracts -- as environmentalists want -- then they would revert to using water under those pre-existing rights, and the U.S. Bureau of Reclamation's "ability to operate the CVP would be severely compromised."That in turn could affect users south of the delta whose supply originates in the state's far north. Among them are the San Joaquin River Exchange Contractors Authority, which represents owners of 240,000 farmland acres in Fresno, Madera, Merced and Stanislaus counties on the San Joaquin Valley's west side. Unlike other west-side water users such as Westlands, the exchange contractors authority has historic water rights on the San Joaquin River -- much like the settlement contractors on the Sacramento River -- dating back to the 1870s. The exchange contractors subsequently agreed to instead take delta water via the Delta-Mendota Canal, but also reserved the right to reclaim their share of San Joaquin River water.If the authority turned to its historic San Joaquin rights, that could affect water on the Valley's east side, including the Friant Water Users Authority and those who get water from the Friant-Kern Canal.Ron Jacobsma, general manager of the Friant Water Users Authority, said that for the first 50 years of the CVP, there was "little or no concern" that the exchange contractors authority would assert its San Joaquin River claim. They held a priority position in receiving delta water. But last year when the delta pumps were shut down for 10 days to protect the delta smelt and the statewide drought continued, there was "some sense there could be a problem," Jacobsma said. The challenge is when, if ever, such a claim might be asserted, he added. "It is a possibility, but assessing the likelihood is very difficult at this time." Steve Chedester, the exchange authority's executive director, acknowledged that Wanger's ruling could produce big ripples. "This ruling will have far-reaching implications, not just for the south-of-the-delta economy, but for the whole state," he said. "We are concerned it could bring unanticipated consequences to the state that's already reeling from an economic downturn."...Westlands is concerned -- especially with the state's continued drought -- about cutbacks in deliveries to protect the smelt and the possibility of more losses if the long-term water contracts need to be renegotiated...Whatever the Indian tribes want, they seem to get...Editorial...9-11-08http://www.fresnobee.com/opinion/v-printerfriendly/story/859230.htmlIn recent years, charity bingo has been unable to compete with the richer prizes and slot machine-type bingo games allowed at Indian casinos in California.Alarmed by dwindling bingo revenues, the Catholic Church, one of the state's biggest charity bingo operators, pushed a bill by state Sen. Gill Cedillo, D-Los Angeles, to double the $250 prize limit in charity bingo games.Meanwhile, at the behest of a handful of local charities, Sen. Darrell Steinberg, D-Sacramento, introduced a bill to legalize bingo machines. Unwilling to tolerate any serious competition with their gambling operations, the tribes initially fought both bills -- and prevailed at almost every legislative hearing. Not coincidentally, the tribes have contributed $656,700 to 70 of the Legislature's 120 members in the first six months of 2008. After the tribes announced their opposition, Steinberg quickly dropped his bill to allow electronic bingo at charity bingo parlors. The Cedillo bill was amended to give big charities the power to consolidate and simulcast their operations. Anything that might have constituted a real threat to the tribes' slot machine monopoly was deleted.None of the special interests embroiled in the legislative battle over bingo acted from pure motives. Charity bingo is big business. While the charities were the face of the bingo bill, the real muscle behind the bills were the bingo machine manufacturers. Their machines operate like slots, and their legality is questionable at best. That said, this session's bingo bill once again highlights the clout of gambling tribes. When it comes to the Legislature, the tribes almost always get what they demand. What will they demand next? Sacramento BeeEditorial: Keep an eye on Brown and tribeshttp://www.sacbee.com/110/v-print/story/1230028.htmlAttorney General Jerry Brown says that "no one is more committed to tight security" at Indian casinos than he.Maybe so, but he has an odd way of showing it.Brown, the state's chief law enforcement officer, joined with Indian gambling tribes last week to vote against the most basic security measures necessary to protect the public. At a closed-door meeting of Indian and state gambling regulators, Brown voted with the tribes against the California Gambling Control Commission's efforts to establish minimum internal control standards at Indian casinos.Even Brown admits that the commission standards that he and the tribes rejected are crucial. They are the basic security rules designed to ensure that the public, the state and the tribes themselves aren't being cheated.The National Indian Gaming Commission used to enforce minimum standards for gambling tribes across the country. But in 2006, a federal court ruled that the NIGC had exceeded its authority and could no longer enforce its rules. That left state gambling regulators scrambling to impose security rules of their own.To that end, the commission has been talking to gambling tribes for months about the urgent need to get new rules in place. The tribes have stubbornly resisted. They contend that the state doesn't have the authority to impose its will unilaterally, that California must renegotiate its compacts with tribes before new security rules can be adopted.Attorneys for the state Gambling Control Commission disagree. They think that the 1999 gaming compacts that all the state's gambling tribes signed initially gave the state all the authority it needs to impose minimum security standards without the need to renegotiate the agreement.The dispute is probably headed for the courts. While it's being litigated, a process that could take months or even years, the public remains unprotected, and that's worrisome.Indian gambling is an $8 billion enterprise in California, with much of that $8 billion wagered in cash. Cash transactions on such a scale present a huge risk of theft, money laundering, tax evasion, embezzlement and other crimes.The security standards rejected last week are the minimum basic rules designed to protect the integrity of the games – to ensure, among other things, that Indian casino patrons aren't cheated and that the state gets its fair share of Indian gambling revenues.Why would Jerry Brown, the state's chief law enforcement officer, stand with the tribes against his fellow state gambling regulators? Why would he vote against standards he says are needed?...Brown is expected to run for governor in 2010, and gambling tribes are among the state's biggest campaign donors.It's always a good idea to pay close attention to where the casino tribes put their money.Stockton RecordWhatever it takes to get growth right...Michael Fitzgeraldhttp://www.recordnet.com/apps/pbcs.dll/article?AID=/20080912/A_NEWS0803/809120329/-1/A_NEWSThe city's future has changed.State Attorney General Jerry Brown, threatening a lawsuit, cudgeled Stockton this week into scaling back its population-doubling General Plan 2035. It's going to be a different city now.How different is hard to say, exactly. The city's agreement with Brown does not specify X fewer people living in X fewer homes on X fewer acres of land.Rather, Brown (and the Sierra Club, also part of the agreement) induced the city to balance sprawl with more home building within city limits - infill - and to reduce greenhouse gasesOpinions vary on what this means. Pro-growth Mayor Ed Chavez thinks the agreement "protects" the old General Plan.Presumably, he means by eliminating radical changes courts might have ordered had the city lost the Sierra Club's lawsuit.The agreement also protects the plan's infill provisions by putting teeth into them. Before, the General Plan preached smart growth. Now it must practice it.Developer advocate John Beckman disagrees. Beckman thinks former Governor Moonbeam just threw a monkey wrench into a well-oiled growth machine.The new plan's requirements, if not met, oblige the city to slow or halt growth until they are met, Beckman pointed out."The General Plan is a plan for how to accommodate growth," he said. "This plan is a plan to restrict growth in the future."Mike Niblock, the city's head planner, may come closest to correctly gauging the agreement's effect."My belief is that there is no restriction on the city's General Plan build-out and/or the sphere of influence that is associated with that," Niblock said. "Development can still occur."However," Niblock continued, "that development on the fringes may take longer than expected. It's not a matter of whether," he opined, "it's a matter of when."...Was the old plan really bad? LegalNewsLine reported Brown's remarks from a January conference:" ... He did promise to target communities that 'are flagrant, egregious and vulnerable.' "So, in Brown's view, Stockton's 2035 General Plan was a "flagrant" example of "egregious" (remarkably bad) sprawl, which made the city "vulnerable" to successful legal intervention.And his view must have carried weight, judging by the way Stockton's leaders submitted. They seem to have tacitly admitted they approved too much growth.Or that they badly designed growth.Brown's intervention is a clear sign Stockton needs new thinking about growth. Not about the rate of growth so much perhaps as the quality of growth.Since the 1950s, Stockton's leaders all too often approved development that sprawled unnecessarily, failed to pay for itself and lacked mechanisms for staving off blight.Decaying neighborhoods attracted lasting trouble...Some of Stockton's leaders, planners and citizens seem to have a growing understanding of the urban planning aspect of Stockton's social ills.Others do not. Pro-business council members with more good will than planning knowledge have left a legacy of scourges.The solution is for all citizens to become more informed about growth, to read up, to ask questions, to vote in leaders who require new development to be green, respectful of farmland and no drain on other neighborhoods in a healthy, vibrant city, including the neighborhood downtown.Brown, The Sierra Club and the council members who get it have taken the city a big step in that direction. Brown's method was heavy-handed, perhaps. But, hey, whatever it takes.Stockton again leads nation...The Associated Presshttp://www.recordnet.com/apps/pbcs.dll/article?AID=/20080912/A_BIZ/809120306Foreclosure filings in August increased 27 percent compared with the same month a year ago, a significantly slower pace than in previous months, according to data released Thursday. Stockton again led the nation.Together, California, Florida and Arizona accounted for more than half of the nation's volume of foreclosure activity.The cities of Stockton, Merced and Modesto were 1-2-3 in top metro foreclosure rates. July's leader, the Cape Coral-Fort Myers, Fla., metro area, dropped to sixth. Las Vegas came in seventh.Last month, California's foreclosure activity increased more than 40 percent from July and more than 75 percent from August 2007.August's increase, however, was smaller than the two prior months. June and July had year-over-year increases in foreclosure filings of 50 percent or more. Still, the total number of foreclosure filings is the highest since RealtyTrac began issuing its report in January 2005...On Thursday, four Democratic senators urged the mortgage companies Fannie Mae and Freddie Mac to freeze foreclosures for 90 days on loans they hold. The troubled companies, seized by the government Sunday, should help struggling borrowers swap their mortgages for more affordable loans and stay in their homes, the lawmakers said.An estimated 2.8 million U.S. households will face foreclosure, turn over their homes to their lender or sell the properties for less than their mortgage's value by the end of next year, Moody's Economy.com predicted...Tracy PressDelta College rejects a Lodi campus...San Joaquin News Service  http://tracypress.com/content/view/15748/2242/San Joaquin Delta College has abandoned plans for a campus on Victor Road — but there may still be hope for classrooms in Lodi if trustees reduce the funding for the Mountain House project near Tracy.That may not be enough, however, to satisfy the people who supported the school's original plans for a large campus east of Lodi on Victor Road...At the Delta board meeting Tuesday night, trustees voted 5-0 to abandon the school's plans for a campus in Lodi off Victor Road.After spending $4 million on the project, the school had not even purchased property and it had become apparent that earlier plans would just be too expensive. The school spent the money on consultants, lawyers, planning work and property options.Hansen said Delta's failure to live up to its promises to Lodi can be blamed on the school's administration and its board, which suffered from lack of direction and "paralysis by analysis."...Trustee Ted Simas said it will probably comes down to either a fully funded Mountain House campus at the sacrifice of Lodi and Manteca, or scaled down versions of all the projects...Simas, who represents Manteca, said based on past decisions, he wouldn't be surprised if the board opts to fund Mountain House with the remainder of the bond."For years, the board majority's 'yes' votes for Mountain House pretty much rammed Mountain House down our throats," he said. "I would probably imagine the board majority would go with the higher cost scenario for Mountain House."...Lodi City Manager Blair King said he doesn't understand how Delta's clearly defined vision for the city has fallen to the wayside...If the college is too far along on its Mountain House plans, King said he would have expected that the same reasoning would have applied to Lodi, especially after several million dollars.San Francisco ChronicleJudge asked to invalidate Valley water contracts...Fresno, CA (AP) --http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/09/12/state/n104731D87.DTL&type=printableEnvironmentalists are asking a federal judge to invalidate 41 water contracts associated with the Central Valley Water Project.U.S. District Court Judge Oliver Wanger is set to hear arguments Friday that the contracts should be rewritten because they were based on flawed data regarding the effects of water pumping on a threatened fish that lives in the Sacramento-San Joaquin Delta.The judge dismissed that biological opinion last year, and environmentalists want the new water contracts to be based on the new opinion, which is scheduled for completion next year.Southern California farmers already suffering from drought say they will get less water from the delta if those contracts are invalidated.Congress sends Bush bill restoring highway funds...JIM ABRAMS, Associated Press Writerhttp://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/09/10/national/w150355D59.DTL&type=printableTwo months after the White House called a highway trust fund rescue plan a "gimmick" and threatened a presidential veto, President Bush is expected to sign legislation infusing $8 billion into the financially teetering fund that supports road and bridge projects around the country.That change of heart came after the administration acknowledged last week that the trust fund, which derives its revenues from the federal gas tax, was going broke much faster than anticipated and that Washington would have to begin delaying payments to states for construction work as early as this month.That could have meant the loss of thousands of high-paying construction jobs just weeks before the election...The House on Thursday voted 376-29 on the measure to transfer $8 billion from the Treasury's general fund to shore up the 52-year-old highway trust fund. The Senate approved the measure by a voice vote on Wednesday after several Republicans who had held up the legislation for months agreed to let it go forward...Peters on Wednesday commended the Senate for its swift action to address the immediate crisis but added in a statement that "Congress must eliminate the billions in wasted spending, thousands of unneeded earmarks and hundreds of conflicting and contradictory special interest programs in order to make sure states don't face this situation again."The few opponents of the bill blamed the current crisis on the 6,300 earmarks — lawmakers' pet projects — worth some $24 billion, included in the $286 billion highway bill Congress passed in 2005. That bill expires next year."Part of the reason we are having to steal money from the general fund," said Rep. Jeff Flake, R-Ariz., is "we just went hog wild in 2005. We've got to stop this earmarking process."The bill is H.R. 6532.On the Net:  Congress: thomas.loc.govNovato firm fined for wastewater discharges...Marisa Lagoshttp://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/09/12/BAPP12SH94.DTL&type=printableA federal agency has fined a Bay Area pharmaceutical company nearly $120,000 for discharging improperly treated industrial wastewater that could corrode sewer pipes and harm Novato Creek, officials said Thursday. Officials at the Environmental Protection Agency say the operators of BioMarin Pharmaceutical Inc.'s Novato facility discharged low pH industrial wastewater into the local sewer system and the Ignacio Wastewater Treatment Plant on 62 days between 2004 and 2007. Both the sewer system and plant discharge into the flats of San Pablo Bay.In addition to paying the EPA a $119,717 fine, the company will be required to spend about $50,000 to restore Novato Creek and one of its tributaries by removing invasive vegetation and replanting native plants along creek banks and wetlands, EPA officials said in a statement. The water quality in Novato Creek is poor, according to the EPA, partially because of the industrial water that is discharged into the watershed, and because of non-native plants. The restoration work that BioMarin will participate in and maintain for three years is part of a larger project by Marin County. EPA officials inspected BioMarin's facility in May 2007, and reviewed three years of the company's monitoring data at the time. The inspection revealed that the company had repeatedly discharged the low pH industrial water, in violation of federal and local standards, according to the EPA. The type of water released by the company has the tendency to corrode sewer lines, and can lead to raw sewage overflowing. It's not the first time in recent weeks that the EPA has accused a Bay Area company of not complying with clean water standards. Last week, the agency charged a recycling company with violating the Clean Water Act by allowing trash, metals and oils to flow into Bay Area waterways... Ethics complaint filed in pay raise flap...BRENDAN RILEY, Associated Press Writerhttp://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/09/09/state/n173908D78.DTL&type=printableThe head of Nevada's anti-nuclear dump agency was hit Thursday with an ethics complaint filed by a legislative leader irate that the official gave himself and other staffers pay increases far above authorized amounts.Assembly Minority Leader Heidi Gansert, R-Reno, filed the complaint against Bob Loux, head of the state Nuclear Projects Agency, with the state Ethics Commission, saying his actions were "both egregious and indefensible, and the citizens of Nevada deserve better."Gansert also said she asked the state attorney general's office to determine whether charges should be filed against Loux "for malfeasance in office and possible criminal activity."Republican activist Chuck Muth said he filed a separate complaint in Carson City District Court, alleging that Loux was guilty of malfeasance in office.Loux, under pressure from Gov. Jim Gibbons to resign, said Thursday he wants to meet with members of the state Commission on Nuclear Projects, headed by Richard Bryan, a former governor and U.S. senator, before making a decision on stepping down...Bryan said he considered Loux "an invaluable asset" in the state's efforts to block the federal government from opening a high-level nuclear waste dump at Yucca Mountain, about 100 miles northwest of Las Vegas. He also said Loux told him he'd repay the state for the unauthorized pay he got...Under questioning from legislators, Loux said pay raises last fiscal year for himself and six agency employees were covered by money left over when another employee left. He said the money spread among the staffers in the form of raises amounted to about $72,000.Gibbons said Wednesday in a letter to Loux that a review by his budget office of Loux' agency showed "a history of salaries in your office paid well over the amounts budgeted, going back into at least the prior administration" of former two-term Gov. Kenny Guinn.Loux has been drawing a $151,542 yearly salary, nearly a third more than his authorized amount, according to documents released by the governor's office.Also, the documents show that Nuclear Project Office staffers Joe Strolin and Susan Lynch were drawing salaries of $125,253 a year, also nearly a third more than authorized; and staffer Trudy Sanford was paid $113,627, or 52 percent more than her authorized pay."An office that cannot manage its own budget surely cannot be expected to responsibly oversee Nevada's fight against a nuclear waste repository at Yucca Mountain," Gibbons said. "I therefore request your immediate resignation from state service."Los Angeles TimesPalin asks Schwarzenegger to veto fees aimed at cutting pollution at California portsShe says the new fees for Long Beach, L.A. and Oakland ports would harm the economies of Alaska and California...Patrick McGreevy, Los Angeles Times Staffhttp://www.latimes.com/news/local/la-me-ports12-2008sep12,0,5307414,print.storySACRAMENTO — Alaska Gov. Sarah Palin, the Republican candidate for vice president, has urged Gov. Arnold Schwarzenegger to veto a fee on cargo containers going through the ports of Los Angeles and Long Beach, setting off a wave of criticism from California environmentalists. Palin's letter to Schwarzenegger is dated Aug. 28 -- one day before presidential candidate and Sen. John McCain (R-Ariz.) announced that he had picked her as his running mate. The letter argues that both consumers and the economy in California and Alaska would suffer as a result of the fee.Though the issue might otherwise be viewed as a relatively parochial port matter, Palin's newfound status as a national political figure has raised the stakes in what state environmentalists consider to be their most important pollution reduction effort this year. They say Palin has no business getting involved in the California issue."Why should Gov. Schwarzenegger take into account what out-of-state interests are saying?" said Lisa Warshaw, a spokeswoman for the Coalition for Clean Air. "It's unfortunate that she is using her popularity to push her agenda on this state."The bill's author, state Sen. Alan Lowenthal (D-Long Beach), said Palin appears not to appreciate how important the proposal is for the health of Californians...Palin's missive attacks Senate Bill 974, which has been approved by the state Legislature but needs Schwarzenegger's signature to become law.The bill would create a $60 fee for each 40-foot cargo container moving through the ports of Los Angeles, Long Beach and Oakland, which together handle more than 40% of the nation's goods.The fees would raise $400 million annually for such pollution-reduction projects as installing cleaner-burning truck and train engines and building roadways under or over railroad tracks to avoid long lines of idling vehicles."Enactment of Senate Bill 974 will have negative impacts on both Alaska and California," Palin wrote. "For Alaskans, a very large percentage of goods [90% or more] shipped to Alaska arrive as marine cargo in a container."Palin said many Alaskan communities lack road access and depend entirely on goods shipped by container, something that has significantly increased in cost in recent years. Many of those containers pass through the Los Angeles and Long Beach ports before arriving in Alaska, and Palin argues that the fee will add even more to the cost of goods shipped to her state."This tax makes the situation worse," Palin wrote. "Similarly, the tax may harm California by driving port business away from its ports."The letter concludes by requesting that "due consideration be given to our state and that you not sign Senate Bill 974."..On Thursday, with the Palin letter hitting the Internet, Lowenthal invited the Alaskan governor to travel to the Southern California ports to see first-hand why the fee is needed..."We are losing about 3,400 Californians each year because of pollution," Lowenthal said. "No matter what Gov. Palin would like to see happen, the impact is killing Californians. I don't think Gov. Palin truly understands the impacts going on here." 9-12-08 Department of Water ResourcesCalifornia Water NewsA daily compilation for DWR personnel of significant news articles and comment…September 12, 2008 1.  Top Item Rain, mudslides are a worry in scorched Big Sur: Monterey County officials must await a federal repair plan before they can move ahead with efforts to protect the area from debris flows before winter rains arrive. –The Los Angeles Times- 9/12/08Smelt again at center of water conflict: Environmentalists want 3 dozen contracts canceled or reworked. - The Fresno Bee- 9/11/08 Rain, mudslides are a worry in scorched Big Sur: Monterey County officials must await a federal repair plan before they can move ahead with efforts to protect the area from debris flows before winter rains arrive.The Los Angeles Times- 9/12/08…By Catherine Saillant,  Staff WriterTwo months after major wildfires blackened nearly a quarter of a million acres of its forest land, Big Sur has returned to a normal tourist hum, and a mild Indian summer has set in.But longtime residents worry about the badly scorched land and the flooding and mudslides that could come with winter rains.Although government agencies say help is on the way, disaster-weary residents worry that it won't be enough and may come too late to stave off the potentially catastrophic effects -- not just on tourist spots but on the crucial artery of Highway 1.Other fire-ravaged communities across California are faring better.Near Goleta, more than 9,000 acres of rugged terrain stripped of vegetation in the Gap fire soon will be coated aerially with a glue-like substance that is embedded with fertilizer.The mixture of wood and paper fibers, water and a plant-based binder will absorb rainwater and coax faster regrowth of native chaparral, said Tom Fayram, Santa Barbara County's deputy director of public works.In Butte County, state Office of Emergency Services crews are fanning out to review the burn damage and suggest needed repair, said agency spokeswoman Tina Walker. The Telegraph fire that briefly threatened Yosemite National Park is not expected to pose any significant flooding risk, federal officials say.As for Big Sur, a federal fix-it plan promised at the end of August has yet to be produced, said Lisa Kleissner, spokeswoman for the Coast Property Owners Assn., representing 1,500 homes in the area. Residents are dependent on the federal report because 83% of the burned area is in national forests."All the main businesses and many homes are threatened, but in particular between Big Sur campground and Big Sur River Inn," Kleissner said. "We can't do work on lands that aren't ours, even though it would impact our properties."Rainfall in the Big Sur area typically begins in October and averages 43 inches a year.Phil Yenovkian of Monterey County's Office of Emergency Services said his office's effort can't start before the federal plan. "Our action list," he said, "will be based on a document that we are still waiting for."Kathy Good, a spokeswoman for the Los Padres division of the U.S. Forest Service, said the federal report, produced by the Burned Area Emergency Response team, is still being reviewed but should be ready by mid-September. "I'm sure people are getting anxious about the winter season," Good said. "They will turn it around as quickly as they can."Brent Roath, of the Burned Area Emergency Response team, said that proposed projects include repairing service roads and controlling erosion on an extensive trail system within the Los Padres National Forest. A weather-alert system to let downstream residents know when flooding is likely is also being suggested, Roath said.But the burned area is simply too large and too steep to apply protective mulch, he said. The first rains would wash them away. It's also impractical, he said, to do any large-scale logging of dead trees before winter.The California Department of Transportation and emergency response team members have identified places on Highway 1 where debris flows may occur. They are planning to set up catch basins for the rocks and material that slide across the highway during severe storms."If the winter is a reasonable one, we get good vegetative recovery," Roath said. "That's what we are really counting on in this case."In Santa Barbara County, officials are most concerned about mud and flood waters near Goleta's old town and above the Santa Barbara Airport, said Fayram, the public works manager. The county has a $4.7-million fix-it list that includes installation of debris racks to catch boulders and shrubs and large sediment basins near the airport, he said.It is also holding community meetings to inform the public about plans and to hear their concerns, said Supervisor Janet Wolf, whose district includes much of the burned area. "The Gap fire covered seven watersheds immediately above the cities of Goleta and Santa Barbara," Wolf said. "The issue of flooding is paramount."Big Sur is at higher risk than other areas because of its steep topography. A 2005 report by the U.S. Geological Survey found that the rugged area is one of the most landslide-prone stretches of the California coast. Slides frequently close down Highway 1, depriving Big Sur of tourism dollars.A 1983 landslide near Julia Pfeiffer Burns State Park closed the highway for more than a year and necessitated $7 million in repairs. In 2005, heavy rains again shut down the southern approach to Big Sur.Janet Lesniak, owner of the Big Sur River Inn, said she wasn't waiting for officials to save her business. Before the first rains hit, she plans to install concrete K-rail south of her inn to divert flood waters from the nearby Big Sur River.This being Big Sur, Lesniak, an artist who does oil paintings, said she would paint the homemade concrete channel in bright colors. What she hopes to avoid is a repeat of the winter of 1972, when heavy rains caused muddy floods across the inn's property, destroying one building. Big Sur residents hope for a gentle winter but fear a deluge, she said."We live in this spectacular place, and it comes with so many gifts," Lesniak said. "But it also comes with challenges. Every morning, the first prayer is for half an inch of rain every other day."#http://www.latimes.com/news/local/la-me-bigsur12-2008sep12,0,3087023.story Smelt again at center of water conflict: Environmentalists want 3 dozen contracts canceled or reworked.The Fresno Bee- 9/11/08…By John Ellis  Environmentalists want the federal government to cancel or renegotiate more than three dozen long-term water contracts in the Central Valley because they say they were drawn up using flawed data.  If the request is approved by U.S. District Judge Oliver Wanger, agricultural users both north and south of the Sacramento-San Joaquin Delta say it would likely mean less water for them.  Some say the environmentalists' request has the potential to turn the state's intricately woven water world upside down.  That's because some Sacramento River users say that if there's no federal contract, they should be able to reassert their longtime state water rights -- a claim that could devastate the Westlands Water District and even hurt the Friant Water Users Authority and other San Joaquin River water users.  Wanger today will hear arguments in his Fresno courtroom on the request to cancel water contracts in a case involving the tiny delta smelt, which environmentalists say is facing extinction.  They say the population decline is driven largely by reduced water coming into the delta, and also because increased pumping for users south of the delta has helped wreck critical spawning areas and is damaging the smelt's overall habitat.  Last year, Wanger threw out a key opinion on the effects of delta water pumping on the smelt.  Data from that opinion -- which is being rewritten by the U.S. Fish and Wildlife Service -- were used to help craft the new 25- to 40-year contracts with the 42 different users.  Environmentalists say the contracts should instead be based on the new smelt opinion, which is scheduled to be finished next year.  Trent Orr, an attorney with Earthjustice, a nonprofit legal watchdog group in Oakland, said the environmentalists aren't seeking to stop water deliveries. Instead, they want the contracts to be deemed legally invalid, but then keep the order from taking effect for one year while interim contracts are negotiated.  More potentially explosive, some say, is language in a legal brief on the contract issue filed by 22 Sacramento River settlement contractors -- water users who had used Sacramento River water before the federal Central Valley Project was constructed beginning in the late 1930s.  These users say in court filings that if there are no valid federal contracts -- as environmentalists want -- then they would revert to using water under those pre-existing rights, and the U.S. Bureau of Reclamation's "ability to operate the CVP would be severely compromised."  That in turn could affect users south of the delta whose supply originates in the state's far north.  Among them are the San Joaquin River Exchange Contractors Authority, which represents owners of 240,000 farmland acres in Fresno, Madera, Merced and Stanislaus counties on the San Joaquin Valley's west side.  Unlike other west-side water users such as Westlands, the exchange contractors authority has historic water rights on the San Joaquin River -- much like the settlement contractors on the Sacramento River -- dating back to the 1870s. The exchange contractors subsequently agreed to instead take delta water via the Delta-Mendota Canal, but also reserved the right to reclaim their share of San Joaquin River water.  If the authority turned to its historic San Joaquin rights, that could affect water on the Valley's east side, including the Friant Water Users Authority and those who get water from the Friant-Kern Canal.  Ron Jacobsma, general manager of the Friant Water Users Authority, said that for the first 50 years of the CVP, there was "little or no concern" that the exchange contractors authority would assert its San Joaquin River claim. They held a priority position in receiving delta water.#http://www.fresnobee.com/263/story/862098.html 2. Supply –Editorial: Denial will not solve water woes - Chico Enterprise-Record- 9/12/08Officials warn about low water supply: Restrictions may become necessary if requests for conservation ignored - Ventura County Star- 9/12/08Continued drought foreshadows rationing - The Brentwood Press- 9/11/08 Opinion Water conservation is no longer an option - The Coast News- 9/12/08 Editorial: Denial will not solve water woesChico Enterprise-Record- 9/12/08In many ways, the way the Legislature is dealing with the current drought is much the same way it's dealing with the budget. And that's pretty scary, even up here in the wetter part of the state.  As with the budget, there's a deadlock. Some see the need for more surface storage, and some don't. Those who favor dams vow to block solutions for the Sacramento-San Joaquin Delta without a commitment to new dams. So nothing gets done.  Well, the state has reactivated its drought water bank, which allows "willing sellers" to provide water that desperate buyers will be able to purchase — if there's a way to get that water through the delta, a process being severely limited due to the environmental devastation there.  The water bank sounds an awful lot like the accounting tricks the state has used to "balance" its budget for years, the smoke-and-mirrors gimmicks that hid the fact Sacramento was spending way more than it was taking in.  Which is similar to what's happening with the state's water supply. We're spending more than we're taking in, as a look at Lake Oroville will attest.  The reason this is scary is that inaction on water pushes the state toward a crisis. If something isn't done — and it's probably too late by now anyway — there won't be enough water for most of the residents in the state. There will need to drastic changes in urban residents' lifestyles. There will need to be damaging changes to the economies of the farming counties south of the delta.  Up here north of the delta, we'd probably be fine. In places like the Paradise ridge with its dicey water supplies, there'll be some hardships. Farmers with weaker water rights will have to cut back. But for most of the Sacramento Valley, life would go on just fine, except for one thing.  Crises often spawn "solutions" with drastic consequences for those with the least political power. And doesn't that sound like us?  South of the delta, people will be squawking. A few will recognize their hardships are a result of living in places where there isn't enough water, and buckle down and live with it. But most won't want to do without their backyard swimming pools and their lush landscaping.  They'll be compelled to do so, but they won't be happy, and they'll let their legislators know.  Most of the people in the Capitol live at the end of the pipe where the water comes out, rather than where it goes in. If enough of those legislators decide they need to do something dramatic ... well, we could feel the rest of the state's pain, and then some.  The only consolation is that they'll have to fix the delta before the north can be drained, and that's not happening anytime soon. The rains are likely to return before that bit of plumbing is completed, or before they even reach a decision on what to do. And then maybe they'll leave us alone again, at least until the next drought.  Pray for rain.#http://www.chicoer.com/opinion/ci_10444755 Officials warn about low water supply: Restrictions may become necessary if requests for conservation ignoredVentura County Star- 9/12/08…By Rachel McGrath, Correspondent Warning that "the water supply outlook is not good," Thousand Oaks officials are once again urging those who live or do business in the Conejo Valley to do more to conserve water. It's the second time this year the city is appealing to the public to cut back on water usage. Officials say the reaction to their appeals so far has been mixed. "Generally speaking, we're not using less water than last year," said Jay Spurgin, the city's deputy director of public works. Spurgin said about three-quarters of the water used by residents is used outdoors, and there's a lot people can do to cut back. "Make sure your water irrigation system is as efficient as can be and re-program your sprinkler systems to twice a week instead of every day," he said. "Just cutting back on the number of days people irrigate can have a dramatic effect." He also recommends using a drip irrigation system and attaching automatic shut-off valves to garden hoses. The city has been reaching out to the public through billing inserts and other means, trying to get across the message that saving water now could help prevent enforced restrictions next year. "September and October can be hotter than June, and so we're not past our peak usage by any means," Spurgin said. In June, Gov. Arnold Schwarzenegger declared a statewide drought because of two years of below-average rainfall, low snowmelt runoff, shrinking reservoir levels and court-ordered water restrictions. The Metropolitan Water District of Southern California, the main water supplier to Southern California, has been urging all residents to decrease water use indefinitely by 10 percent to 20 percent. The general manager of the district, John Kightlinger, said the region is running out of water, and conservation must become the norm for people living here. Last month, Eric Bergh, manager of resources for Calleguas Municipal Water District, which supplies part or all of the water to 600,000 residents in Ventura County east of the Santa Clara River, described the situation as a "crisis." The Las Virgenes Municipal Water District, which serves 65,000 customers east of the Conejo Valley, introduced voluntary reduction measures on July 1, some of which include no washing down driveways, no water service at restaurants unless requested and no watering during the hottest parts of the day. With two dry winters, shrinking reserves and less water coming from the Sacramento-San Joaquin River Delta, if people don't start voluntarily conserving, mandatory conservation appears almost inevitable, officials say. "It's up to the weather," said Spurgin. "Another dry winter and we're looking at mandatory restrictions."#http://www.venturacountystar.com/news/2008/sep/12/officials-warn-about-low-water-supply-may-become/ Continued drought foreshadows rationingThe Brentwood Press- 9/11/08…By Dave Roberts With California in the midst of its second extremely dry year and a statewide drought having been declared in June by the governor, East County residents could be facing water rationing and reduced water quality next year if rainfalls are short again this winter. The Contra Costa Water District (CCWD) recently provided a heads-up about that possibility to its large water users, including the cities of Antioch and Brentwood and the Diablo Water District (DWD), which serves the Oakley area. Oakley City Manager Bryan Montgomery, in a memo to city officials about CCWD’s “serious concerns regarding drought,” wrote that water “storage is so far behind that even a wet winter will not likely provide the needed recharge. Mandatory rationing to CCWD’s partners, including DWD, is very possible.” The CCWD presentation pointed out that 2007 and 2008 has been the state’s ninth driest two-year period on record and that March through June of 2008 was the driest on record for the Northern Sierra. Many of the state’s largest reservoirs are at one-third or less of capacity, so they will not provide enough water to sustain California if the coming winter is as dry as the last two have been. As a result, water agencies are facing cutbacks in the amount of water they are allowed to take from the Delta. In response, several have implemented mandatory water rationing measures. So far, however, CCWD has asked only for voluntary conservation from its customers in the county – but that could change. “Early indications of next year’s (CCWD water) allocation are bleak. Mandatory rationing for CCWD is a serious possibility and retailers should be preparing for it now,” states one of the slides in the CCWD presentation. “Dry conditions mean fall (Delta) water quality will be poor, and blending (with Los Vaqueros Reservoir water) will be required to meet water quality objectives.” The good news is that Los Vaqueros is nearly full, so there’s currently a lot of high-quality water to blend with the poorer-quality water from the Delta. A year from now, however, the reservoir is expected to be much lower due to water intake restrictions, resulting in less water to blend, and poorer quality water flowing to the tap. To help minimize the potential negative impacts, CCWD is exploring potential water rationing with its water distributors to deal with potential 25-percent cutbacks. This could result in “heavy financial penalties” for those using large amounts of water. Water conservation measures could include asking restaurants to serve water only upon request, asking people to not let the water run while brushing teeth or shaving, watering lawns before 8 a.m. and no more than twice a week, and using water-efficient appliances, shower heads and toilets. If rationing goes into effect, the following might become prohibited:• Filling decorative fountains, lakes or ponds.• Washing sidewalks, walkways, driveways, patios, parking lots or other hard-surfaced areas.• Outdoor watering that results in excess runoff or flooding.• Flushing sewers and hydrants, or washing streets, except in cases of emergency or essential operations.• Landscaping any new housing areas or new connections.• Using hoses without a shut-off nozzle.• Using potable water for construction activities, unless other sources are unavailable. “We are in the second year of a really dry period. This spring was the driest on record,” said Jennifer Allen, CCWD senior public information specialist. “We are asking our customers to use every drop as efficiently as possible. “Any decision on percentage of use reduction or mandatory rationing would not come until early in the first quarter of next year. (It) would be dependent on the level of rainfall that comes in and what the federal government is able to provide as our water allotment. At this point it’s hard to say without being able to look in the crystal ball. “The main message we want to get across to our customers is the importance of conserving water now as we head into dry conditions next year and we are looking for their support and their renewing their efforts.”Local water officials are concerned but are taking more of a wait-and-see attitude at this point. “No one can predict the future with regard to rainfall totals this winter, but we are preparing in the event that we have a dry winter period,” said Mike Yeraka, general manager of Diablo Water District. “It’s really hard for us to say what level of rationing or water conservation would be required next year.” Oakley area water customers might be less affected than some other areas, however, because DWD built a well in 2006 that can supply up to two million gallons per day (mgd) of water to help offset a shortfall in water coming from CCWD. “Next year may be the first year the citizens of Oakley will realize the benefits of that long-term planning if they do have mandatory water rationing,” said Yeraka. “For example, if we are asked to cut back by, say, 20 to 25 percent, then we may be able to make up 10 percent in additional water from the well and only ask our customers to cut back 15 percent, rather than the entire 25 percent.” The downside is that the well water is harder than Delta water, which means there could be white calcium deposits on dishes if they are not towel-dried. On the upside, the well water has a lower chloride level, which means it will help reduce the salinity level when it’s blended with the higher-chloride Delta water. DWD is also planning to build a second well, which could provide anywhere from ½ to 2 mgd when it comes on line in two years.Brentwood residents are in good shape in the event of a drought, because the city gets most of its water from the East Contra Costa Irrigation District, which does not foresee its supply being cut back, according to Paul Eldredge, Brentwood assistant director of public works. “But we are concerned, obviously, with the drought situation for the impact on the state overall,” he said. “Water is a precious resource and we believe it should be conserved, whether due to drought or it’s a good thing to do. We are continuing to encourage and promote water conservation measures for our customers.” The city is providing smart irrigation controllers for free to Brentwood residents, which automatically adjust watering based on plant needs. There are about 10 controllers left. Call the Public Works Department at 925-516-6000 to get one. The City of Antioch supplements and blends its CCWD water with San Joaquin River water. Phil Harrington, Antioch director of Capital Improvements/Water Rights, is taking a wait-and-see approach to the water supply situation. “If we have another dry year, we are going to get a large majority of our water for treated purposes out of the Contra Costa Canal,” he said. “Any type of reduction in terms of deliveries to the federal project would have a direct relation in terms of our impacts and rationing here. “Most definitely if there is another below-rainfall year and we are rationed, from our perspective it would have an impact on our rate users. We have to see what comes out of it and hope we have a good, normal to above-normal year in terms of water content.” Discovery Bay relies solely on well water, so it won’t be affected by CCWD water cutbacks if there’s a continuation of the drought. But a reduced Sierra snowpack could eventually affect water levels, according Virgil Koehne, general manager of the town’s community service district.“It will probably have an effect on us,” he said. “To what degree, I don’t know at this moment. If a majority of the water districts in California are going to do a drought program, we will probably ask our residents to please consider conservation.” The district is also rolling out water meters in the community, which have been shown to reduce water usage. The current majority of Discovery Bay residents pay a flat rate for water, regardless of usage, which provides little incentive to conservation. For more information on water conservation, go to www.ccwater.com/conserve.#http://www.brentwoodpress.com/article.cfm?articleID=20364 Opinion Water conservation is no longer an optionThe Coast News- 9/12/08…By Bob Nanninga California has always been a study in never having enough water. Southern California even more so. With a population of more than 38 million Californians living on the edge of disaster, now is the time for residents to reconsider their water usage and their commitment to environmental sustainability. To delay any longer is reckless.On June 4, 2008, Gov. Arnold Schwarzenegger declared a state of drought after the driest spring in California’s recorded history. Few noticed. Since that uneventful day, water districts have issued warnings calling for Southern California residents and businesses to do as little as possible in response to dwindling water availability.When it comes to conserving water, doing a little is never enough.Voluntary water conversation measures do help. Asking people to use less water is smart advice considering that there are more and more Californians every year, trying to get by with less and less water. Reducing individual water consumption can and should happen on numerous levels. Learning respect and restraint is the first step. Respecting finite resources while practicing restraint in all aspects of our lives is the only path to abundance.Ecological ethics suggests lawns are a luxury Southern California can no longer afford. Lush landscapes, fountains and swimming pools also need to be reconsidered, as the drought deepens and human populations continue to increase.Washing down patios, sidewalks and driveways wastes water and should be discouraged. Outdoor showers and greywater conversions should be encouraged as sensible ways to conserve water while irrigating residential landscaping and home gardens. Drought-resistant native landscaping utilizing indigenous species should also be encouraged and promoted by municipalities wishing to conserve water and save money in the process.Environmental restoration is another way to promote water conservation.I’m of the David Brower school of thought. Brower, one of the 20th century’s leading environmentalists, was known as the Arch Druid. Brower was the first executive director of the Sierra Club, and founder of the Sierra Club Foundation, the John Muir Institute for Environmental Studies, Friends of the Earth, the League of Conservation Voters and the Earth Island Institute. Browers’ ecological CPR theory links conservation, preservation and restoration to environmental sustainability.As a native Californian, I understand water conservation to be key to maintaining any semblance of the quality of life Californians have come to expect — and take for granted. We the people of Southern California live in a semi-arid desert, and it’s time we started behaving like it.The best way to avoid the regulations and restrictions of a stage 3 drought is to make small sacrifices by practicing restraint when it comes to water use, while there is still water to conserve. California, long the vanguard in regard to environmental stewardship, is up for the challenge of reducing frivolous water usage for the common good.Having overwatered the California dream with imported resources, California’s future now depends on learning to live with less.To do otherwise will spell disaster.#http://www.thecoastnews.com/articles/4574/ 3. Watersheds –Nothing Significant 4. Water Quality - States Battle Pesticides in Groundwater: EPA Registers Pesticides, but Environmentalists Say Leadership Lacking at Federal LevelABC News- 9/9/08…By KATE BARRETT and KI MAE HEUSSNER Should we be worried about pesticides in groundwater contaminating the water we drink and the food we eat?  According to many public health and environment officials nationwide, the answer is yes.  In the last year and a half, public interest law firm Earthjustice has filed four federal lawsuits against the Environmental Protection Agency concerning the use of pesticides.  Many of the pesticides at the center of those legal battles are the same pesticides that recently surfaced as cause for concern in the state of Oregon. Of seven pesticides highlighted as contaminating groundwater in Oregon -- three of which are listed as possibly or likely to cause cancer by the EPA -- only two are are not subjects of Earthjustice's pending lawsuits.  "There are several pesticides on the market that pose extreme risks to human health -- through the water, air and food," said Joshua Osborne-Klein, an attorney for the Earthjustice. "Our lawsuits say that the EPA has not fully assessed these risks."  Concerns about groundwater come at the same time as several safety concerns -- whether about tainted peppers or the presence of drugs in drinking water -- that have left many people wondering what else is in our food and water that we don't yet know about.  Used largely to irrigate crops, as well as by more than half of the people in the United States as drinking water, groundwater is a critical natural resource for people throughout the country.  But according to information posted on the EPA's Web site, it is also "highly susceptible to contamination from septic tanks, agricultural runoff, highway de-icing, landfills, and pipe leaks." Contamination from pesticides is among those concerns. According to the U.S.  Geological Survey, about 1 billion pounds of pesticides are used in the United States every year.  To prevent contamination, the EPA carries out several programs to ensure both people and the environment stay healthy. The EPA helps ensure hazardous materials are properly stored, transported and disposed of so they don't leak into groundwater. The federal agency also works with regions and states to ensure drinking water is safe, making certain that laboratories that test water samples are certified by the EPA or the state and have periodic audits to ensure they're up to par. Safe WaterThe EPA also maintains a database, called for in the Safe Drinking Water Act, to monitor contaminants in the water. It also also collects data on contaminants that are believed to be in drinking water, but not yet regulated by health-based standards under the law, and reviews that list every five years.  Still, some say efforts under way are not enough.  "We should be doing a lot more to protect our groundwater," Wenonah Hauter, executive director of Food and Water Watch, told ABCNews.com. "There just has not been a willingness to classify some of the pesticides or to look at the human health effects," she said.  Hauter said part of the problem comes down to politics.  "Especially we've seen it during the last eight years, the manufacturers of these chemicals have some influence over the way that the Environmental Protection Agency assesses them," Hauter said.  "Looking at pesticides has become very politicized. EPA hasn't been doing what they need to do," she added.  State Efforts to Study PesticidesOregon is one state that said it has stepped up its effort to study pesticides. Along with scientists and public health experts from Oregon state departments of agriculture, health and human services, forestry and environmental quality, Janet Fults, a supervisor with the Oregon Department of Agriculture's pesticides division, is working to identify the state's pesticide priorities.  By studying water samples taken by the Oregon Department of Environmental Quality and the U.S. Geological Survey, her coalition observed that seven pesticides appeared routinely: Azinphos-methyl, Chlorpyrifos, Diazinon, Endosulfan, Dacthal, Ethoprop and Simazine.  Concern over those particular seven pesticides came out of a report released this summer by the Oregon Department of Agriculture. In that first state effort to examine pesticide use, Oregon learned that more than 40 million pounds of pesticides and herbicides were used in 2007, especially in soil on potato farms.  Pesticides and the EnvironmentA 2006 USGS report on pesticide use likewise found that pesticides were detected in every stream sampled. Of more than 5,000 wells sampled, more than half of shallow wells and a third of deeper wells contained at least one pesticide.  Fults said that EPA support for reducing pesticides in groundwater is minimal. She said it has not given the states a deadline by which to establish their benchmarks and address water quality issues.  "There are so many pesticides that do not have benchmarks," Fults told ABCNews.com. "The EPA expects states to address water quality issues without benchmarks. Oregon is one of them but all of the states are in the same position."  Aimee Code, a water quality coordinator for the nonprofit Northwest Coalition for Alternatives to Pesticides, said that Oregon is one of only three states that has a comprehensive pesticide reporting program. California and New York are the other two states, she said.  "Oregon is rising to the challenge and it's better than holding out and waiting for the federal government to catch up. They are unfortunately years behind," Code said.  But, she emphasized, not all states have the resources, knowledge and capability to tackle pesticide issues in the way that Oregon can. "There really should be a federal overarching review of these pesticides," she said. In the meantime, in July, on behalf of a broad coalition of farmworkers, labor unions and environmental groups, Earthjustice filed a suit against the EPA in a federal court in San Francisco over the use of the pesticide diazinon. The pesticide was one of the seven recently identified in Oregon but has been detected in other states across the country.  Osborne-Klein said the chemical was originally developed to be a nerve gas, but after World War II was used as an insecticide, primarily for agricultural.  In 2004, the EPA banned the residential use of the chemical because of the risks it poses to children. However, it continued to allow farm uses of diazinon.  Earthjustice's suit challenges the decision to allow continued use of the pesticide because it can reach nearby communities through runoff and air. It is the most common insecticide detected in surface waters and has been detected in the air near schools at unsafe levels.  "Children are really at risk," Hauter said. "And a lot of these pesticides aren't just found in groundwater, they're also found in food products."  "Consumers need to be really cognizant of the food that they're eating and, as much as possible, buy organically grown or locally grown where you can actually talk to the farmer and look how the food is being grown," she said. #http://abcnews.go.com/Technology/SmartHome/Story?id=5753073&page=1 5. Agencies, Programs, People -Yucaipa-Calimesa plan would recharge underground water basins - The Press-Enterprise- 9/11/08Sacramento issues dead lawn fine, then backs off - The Sacramento Bee 9/12/08A Strategy for Coping with Climate Change: Amid rising seas, a California modeling effort recommends abandoning land tracts in the Sacramento Delta. - MIT Technology Review- 9/11/08 Yucaipa-Calimesa plan would recharge underground water basinsThe Press-Enterprise- 9/11/08…By MICHAEL PERRAULT Homeowners in Yucaipa and Calimesa will pay about $2.50 more per month beginning Nov. 1 as part of a new water-banking strategy being implemented by the Yucaipa Valley Water District. The long-term conservation strategy aims to protect residents and businesses from continuing drought and uncertainties about water availability from the Sacramento Delta, said Joe Zoba, general manager of the water district, which serves about 50,000 customers in a 50-square-mile area. The district will tack on a 15 percent surcharge to be paid by residents and businesses. The money will be used to purchase more water from the California State Water Project, which can be stored underground as reserves. "It will not only help us protect our customers from future water shortages but give us the ability to replenish our local groundwater basins," Zoba said. In recent years, the district has had to pump more water than can be naturally recharged, drawing down area groundwater basins, Zoba said. The district's water-banking plan also will require developers and others wanting to build new homes or businesses to deposit enough money to purchase 7 acre-feet of water per proposed home or business. One acre-foot of water equals 325,851 gallons. Developers opting to buy 15.7 acre-feet of water for each proposed house can earn Crystal Status, allowing them to build when the district must restrict water use by at least 20 percent. When mandatory water cutbacks reach 35 percent or more, however, Crystal Status property owners could face restrictions, district officials said. Earlier this year, the state Department of Water Resources instituted further pumping restrictions of State Project Water to comply with an order by federal Judge Oliver Wanger to protect an endangered fish, the Delta smelt. State water exports had to be scaled back at a time when the Department of Water Resources would normally have been supplying farmers with irrigation water and replenishing local water supplies, said Lester Snow, the department's director. Water Resources projected its water deliveries would be reduced up to 30 percent this year as a result of the court order. Along with a water-banking strategy that took the district's board, developers and ratepayers about 10 months to develop, a new recycled-water delivery system will help the district recycle and reuse water for outdoor landscaping at new commercial and residential developments. Historically, the Yucaipa Valley Water District has relied on groundwater to supply customers, but area growth prompted the district to tap surface water supplies as local groundwater supplies dwindled. The district recently unveiled a $44 million, 30-acre water filtration complex that uses microfiltration and nanofiltration treatments to match existing groundwater quality with a variable surface water supply. Ensuring water districts can meet rising demand is likely to get costlier in California and across the country in the decades ahead, said the Denver-based non-profit American Water Works Association, which has more than 60,000 members worldwide. An association study found much of the nation's drinking water and wastewater infrastructure was built 80 to 100 years ago. Replacing and repairing aging pipes is expected to top$250 billion over the next 20 years. "North America's infrastructure has reached a turning point, and while the cost of repairing and replacing the aging pipes is immense, the cost of inaction would be immeasurable," said Gary Zimmerman, the association's executive director.#http://www.pe.com/localnews/rivcounty/stories/PE_News_Local_E_waterbank12.225559e.html Sacramento issues dead lawn fine, then backs offThe Sacramento Bee 9/12/08…By Sam Stanton You can imagine Shela Barker's frustration when she received a notice from the city this week that her home is a public nuisance because of the dead lawn out front, and that she was being assessed $931 in fees as a result. Standing in the yard of her home directly behind the Arden Fair mall Thursday morning, Barker could point down the street to another home with a dead lawn. Two doors down in the other direction is another. A few doors farther down is yet another. None of those, however, is listed on the city's Web site as being in violation of Sacramento's landscaping policies.  "Isn't that hilarious?" Barker asked. "That just drives me nuts." Barker has been dealing with the issue since May, when someone complained to the city that her lawn was dead and in violation of city codes. The 33-year-old attorney let the lawn die intentionally, planning to replace it with drought-resistant landscaping. She had read a July story in The Bee about an east Sacramento couple who faced a fine for a similar plan, and how the city backed off the fine because of public outcry about such policies during a drought. Barker figured her plan to install new landscaping that requires much less water would pass muster, too. But it took a series of phone calls and e-mails to the city before Barker received assurances that she will not have to pay the fines outlined in a Sept. 5 letter from the city. That letter informed Barker that the city had, in essence, placed a lien on the home she has owned for the past 10 years: a $746 fine for the lawn, another $100 title fee and an $85 "termination fee" to clear the matter from the county recorder's records. The city added helpfully that if she wanted to appeal the matter she would have to pay a $400 fee to get a hearing. All this because she wanted to save water and look out on a yard like the ones in her desert hometown of Tucson, Ariz. Thursday morning, when The Bee called city code enforcement director Max Fernandez about Barker's case, Fernandez said she was in the clear. "I talked to her (Wednesday) and she sent me her plans, so we're just going to let her go ahead and do it," Fernandez said. "There's no money owed now." A few minutes after Fernandez spoke, Barker received an e-mail from him telling her the case was closed. Part of Barker's difficulty may stem from the fact that her landscaping change has taken longer than she expected. After receiving notice of the complaint in May, Barker started her dealings with City Hall, calling and writing and calling again until it was agreed that she would start work on the landscaping by August. But she was placed on disability Aug. 6, she said, "so a lot of the work I can't physically do right now." Barker hopes to be off disability by the end of this month and to start the transformation of her brown yard. Fernandez said his department does not want to stand in the way of people putting in drought-resistant yards, but that his department has to respond to complaints from neighbors about dead lawns. Many of those complaints stem from foreclosures. "You've got to look at the other side," Fernandez said. "The neighbors are probably frustrated that nothing's happening. We're in the squeeze on this. "But we're working with our people to look at ways to get through this drought and have the right mindset. We can train our code enforcement people to look at it differently. "It's the people we have to educate that, hey, rock gardens and cactus gardens are OK."#http://www.sacbee.com/101/story/1230292.html A Strategy for Coping with Climate Change: Amid rising seas, a California modeling effort recommends abandoning land tracts in the Sacramento Delta.MIT Technology Review- 9/11/08…By David Talbot A new multidisciplinary modeling effort concludes that certain tracts of land in California's Sacramento Delta should be abandoned the next time they flood, and that major California water-supply inlets in the area should be rerouted. The study indicates the kind of land-preservation and infrastructure triage that will become increasingly necessary in the face of rising sea levels and climate change. "It's always difficult and controversial to look at these kinds of things," says Jay Lund, a professor of environmental engineering at the University of California, Davis, who co-led the study. "For those delta landowners where the policy has been historically to help them--they would be losers. But I don't see any way they are not going to be losers, so the state policy should be that we all quit losing." This week, Lund spoke about the study at a California Energy Commission conference on climate-change research, held in Sacramento.  The Sacramento Delta is where the Sacramento and San Joaquin rivers converge with each other and meet incoming salt water from the San Francisco Bay. The area is a source of fresh water for agribusiness and more than 20 million Californians. Within the delta, tracts of land have been reclaimed over the past century, mostly for farming. Earthen levees--which, if put end to end, would stretch more than 1,000 miles--keep water-supply inlets fresh and reclaimed areas dry. But a combination of settling land, rising sea levels, and the prospect of levee destruction from earthquakes have long threatened the area.  In 2004, when a delta levee unexpectedly collapsed, the state and federal governments rushed in to repair it, spending more than $75 million. However, the effort protected land worth only $22 million. "Throwing a lot of money at a low-value private asset is not something you want to do with taxpayer money very often," says Richard Howitt, an economist at UC Davis who participated in the study. "We wanted to put a lot of work into what really amounts to a triage list--and say which islands, if they collapse, we say, 'Sorry about that,' but you don't repair them or pump them. You adjust to a new ecology." (By "islands," Howitt means low-lying tracts protected from surrounding water by levees.)  The study--which spanned disciplines including civil engineering, climate science, economics, hydrology, and biology--specifies a precise boundary between areas that should and shouldn't be saved. It also recommends that long-considered plans to build a canal to divert water supplies from points upstream on the two rivers should be carried out now; the present inlet points cannot be protected from salt-water incursion in the long term. The canal proposal was defeated in a 1982 referendum, but ultimately, Lund says, some environmental concerns about the canal's construction will be moot, because unstoppable salt-water incursions will reshape the area's ecology. Indeed, the study notes that its recommendations for the delta are "one example of how climate-change will shake-up long-cherished notions of environmental management and sustainability." "Unless we get some serious modeling," Lund adds, "we're never going to get ahead of these changes. We're just going to be reactive." The study even looked in detail at the effects of various topographical changes on fish and the resulting economic costs. "Fish biology is a very complex business, but we sat down with 37 fish biologists, bought them a nice lunch and quizzed them and got a proper statistical distribution of their beliefs of certain species' surviving under certain scenarios, and came up with economic decision models," Howitt says. "We are not the only ones doing this, but we are probably one of the more comprehensive. What we've done is quantitatively link the different disciplines." The analysis would seem to have sobering implications. In terms of sea-level rise, expensive infrastructure investments will have to be made--or willfully not made--in parts of New Orleans, the Everglades, Bangladesh, and the Netherlands, to name just a few obvious spots. On a more subtle level, climate change will profoundly affect water supplies everywhere, because it will bring deeper droughts, changes in rainfall timing and intensity, and reduced mountain snowpack. "The critical issue is that it will change our planning paradigms, and it will change the information we use to make decisions," says Richard Palmer, a civil engineer and water-resources expert at the University of Massachusetts, Amherst, who praised the California study. Planning appropriately to keep tap water flowing, Palmer says, will require more such studies that cross disciplines, drawing on climate and atmospheric science, hydrology, civil engineering, and economics.#http://www.technologyreview.com/Energy/21363/  ------------------------------------------------------------- DWR's California Water News is distributed to California Department of Water Resources management and staff, for information purposes, by the DWR Public Affairs Office. For reader's services, including new subscriptions, temporary cancellations and address changes, please use the online page: http://listhost2.water.ca.gov/mailman/listinfo/water_news. DWR operates and maintains the State Water Project, provides dam safety and flood control and inspection services, assists local water districts in water management and water conservation planning, and plans for future statewide water needs. Inclusion of materials is not to be construed as an endorsement of any programs, projects, or viewpoints by the Department or the State of California. -------------------------------------------------------------CENTRAL VALLEY SAFE ENVIRONMENT NETWORKMISSION STATEMENTCentral Valley Safe Environment Network is a coalition of organizations and individuals throughout the San Joaquin Valley that is committed to the concept of "Eco-Justice" -- the ecological defense of the natural resources and the people. To that end it is committed to the stewardship, and protection of the resources of the greater San Joaquin Valley, including air and water quality, the preservation of agricultural land, and the protection of wildlife and its habitat. In serving as a community resource and being action-oriented, CVSEN desires to continue to assure there will be a safe food chain, efficient use of natural resources and a healthy environment. CVSEN is also committed to public education regarding these various issues and it is committed to ensuring governmental compliance with federal and state law. CVSEN is composed of farmers, ranchers, city dwellers, environmentalists, ethnic, political,and religious groups, and other stakeholders.