Water District lawsuit jeopardizes future projects

The Santa Clara Valley Water District made a grave miscalculation in suing the State Water Board over the Bay Delta Water Quality Control Plan. By alienating the remnants of the environmental community who have supported them in recent years, they are jeopardizing future projects and funding measures that will require voter approval.

Santa Clara County residents care deeply about the environment. A public opinion poll conducted by San Jose State University found that environmental protection was the top motivator for people to conserve water.

Similarly, a poll commissioned by the Water District found that 84% of those surveyed believed the following argument was convincing: “Using recycled water is good for our environment. The more recycled water we use, the less we have to take out of rivers and streams and our scarce groundwater supplies. That’s good for rivers, streams, and the fish, plants and wildlife that rely on them.”

In the same poll, statements about the importance of protecting water supply and being prepared for droughts each received 73% – 11 points lower than the environmental argument. The survey also found that environmentalists and medical professionals are the best messengers for delivering the benefits of potable reuse (purifying wastewater to augment drinking water supply).

The Water District had little to gain and a lot to lose by suing the State Water Board. To recap the lawsuit, on December 12 the Water Board adopted new instream flow standards for the lower San Joaquin River and its three main tributaries, including the Tuolumne River. This was the first of several revisions to the Bay Delta Water Quality Control Plan, which hasn’t been updated since 1995. Meanwhile the San Francisco Bay-Delta ecosystem – starved of freshwater inflow – has spiraled into collapse.

The San Francisco Public Utilities Commission (SFPUC) relies on the Tuolumne (which fills the Hetch Hetchy Reservoir) for most of its water. The Water District’s supply, on the other hand, was not directly affected by the Water Board’s decision. However, with the SFPUC providing 15% of the water used in Santa Clara County, the District apparently felt the need to intervene.

Rather than conduct its own analysis, the District simply accepted the SFPUC’s narrative, which is based on false and misleading information. In reality, the SFPUC has little to worry about. At current water demand, the SFPUC could manage any drought on record, even with the new flow standards in place. Yet the SFPUC claims the Bay Delta Plan could lead to 40 to 50% rationing. How could this be possible?

The answer is that the SFPUC has manufactured a “design drought,” which arbitrarily couples two of the worst droughts from the last century. They also assume water demand will increase by 26% to support all of the development projected for the region. Under their policy, every year is either the beginning or middle of the “design drought,” so severe rationing would have to begin immediately. Even if all of their reservoirs were full – enough water to last six years – people would be forced to ration.

The Water District, on the other hand, currently plans for a three-year drought, yet they appear to accept the SFPUC’s 8.5-year “design drought” scenario as prudent. It would be virtually impossible for the Water District to manage such a drought, so they better hope their customers don’t demand similar planning.

When people learn that the water they conserve, or the recycled water they’re asked to drink, does not benefit the environment, but instead just enables more development, they will think twice about who and what they vote for. The Water District must do more than feign concern for the environment. If they want support from the environmental community, they would be wise to drop their lawsuit immediately.

Peter Drekmeier is the Policy Director for the Tuolumne River Trust. He formerly served on the Palo Alto City Council and Santa Clara Valley Water Commission.

 

Original article: Mercury News (January 23, 2019) https://www.mercurynews.com/2019/01/23/opinion-water-district-lawsuit-jeopardizes-future-projects/

Photo Courtesy of Dino Vournas

State Water Board Approves Bay Delta Plan, 40% Flows

The vote is in!

On Wednesday, the State of California Water Resources Control Board approved mandatory flow requirements on the Tuolumne starting at 40% (between February and June). The 4-1 vote came after 10 hours of testimony and deliberation.

Other state agencies used typical bait-and-switch tactics at a glorified attempt of demonstrating good faith “collaboration over conflict” with their proposed “compromise” agreement. Don’t be fooled by this cloying.

As our Policy Director, Peter Drekmeier, shares, “The proposed Tuolumne River settlement is essentially what the water agencies have been offering for the past few years, and we know it won’t work. Similar proposals in the past have always failed due to the lack of adequate instream flows.”

As the “powerful bloc” (and uncanny bedfellows) of SF Water, Power, Sewer (SFPUC) and Central Valley irrigation districts prepare to counter attack with the help of the Trump administration, we must remain vigilant.

Many thanks to our allies and friends Trout UnlimitedNRDCThe Bay Institute, California Sportfishing Protection Alliance, Friends of the San Francisco EstuaryGolden Gate Salmon AssociationFriends of the RiverSan Francisco BaykeeperDefenders of WildlifePacific Coast Federation of Fishermen’s AssociationsAmerican RiversRestore the DeltaSierra Club

2018 Bike Theft

Since we learned of the theft of over 20 bicycles, helmets, tools, life jackets, and other gear yesterday morning, we have been touched by the generosity of the community, businesses, and individuals who have jumped in to help.

The loss of the bicycles affects the whole community. Children and families ride them to get to school safely through the Safe Routes to School program. Youth learn to ride, repair, and gain leadership skills by teaching their peers what they’ve learned. Community members of all ages use the bikes to explore the local river parks at events like Modesto Rec Fest and Family Days in the Park.

Despite this loss, many have offered their support, including:

  • Orville Wright Elementary, and Healthy Start, and the Modesto City School District.
  • Modesto Police Department.
  • Deputy Nate Crain, Stanislaus County Sheriff’s K9 Association, and Brian Zahra, owner of Fun Sports Modesto, who are supplying 10 new bikes, helmets, and other supplies.
  • Tracy Police Department and Tracy WalMart are donating 9 bikes.
  • Modesto Bee and Fox 40 for covering the story and helping spread the word.

We are so grateful for this outpouring of support. If you are interested in joining the rebuilding efforts, we are still in need of several items like pedal wrenches, bike stands, socket sets, ratchet sets, etc.

These are valued at approximately $1,500. While we accept donations of items, we do not have a place to store them until the school district reopens on January 14th. Until then, we gratefully accept donations to help us purchase these items and cover costs associated with rebuilding the gear closet.

We appreciate the generosity of everyone who has stepped up to ensure we have the gear necessary to continue these important programs in 2019. Please help us restore this gear closet for our community.

To make a donation, please click here or click the orange “Donate” button at the top of this page. If you are interested in donating an item, please get in touch with Edgar Garibay, edgar@tuolumne.org.

We appreciate you!

So Long, Dennett Dam!

After nearly a decade of hard work by TRT staff and partners and immeasurable help from supporters, Dennett Dam was finally removed from the lower Tuolumne River in September of 2018. This defunct structure threatened the lives of swimmers, obstructed fish and wildlife passage, and rendered the area useless for recreation for any kind for over 60 years. Check out the video below for more information about the removal of the dam and how TRT is continuing to improve access to the river for local communities.

California Adopts Landmark River Plan to Bring Back Salmon

As published by KQED Science on December 13, 2018

In a landmark vote, California water officials adopted a revolutionary water plan on Wednesday, aimed at restoring the state’s ailing rivers. But they left the door open for a future compromise with the water districts that would bear the brunt of the plan.

The vote means that some water districts, such as San Francisco’s, would likely get less water in order to keep more in the rivers where salmon populations have crashed.

The state water board’s plan, almost 10 years in the making and delayed several times, was thrown another curveball by last-minute negotiations between water districts and the Brown Administration.

In the face of tightening supplies, the board asked water users several years ago to put together their own agreement to share water and boost habitat for salmon.

In the hours before the water board’s vote, a tentative agreement had been reached on one river, but not others, so the board voted 4-1 to move ahead.

“Commercial salmon fisherman have experienced decades of disastrous decline,” said Noah Oppenheim, executive director of the Pacific Coast Federation of Fisherman’s Association. “Today’s vote could be the turning of the tide.”

The vote means that some water districts, such as San Francisco’s, would likely get less water in order to keep more in the rivers where salmon populations have crashed.

The voluntary agreements are still on the table and could be adopted later on. State officials say they could include an even broader array of water districts with millions of dollars in restoration, potentially becoming a “great compromise” of California’s water wars.

What’s at Stake

The plan affects rivers flowing down from the Sierra Nevada, which are heavily used by both farms and cities. In some years, 90 percent of the water is siphoned off.

That’s contributed to a crash in salmon populations, down from around 70,000 in the mid-1980s to about 10,000 in 2017.

So, the state water board has drafted a plan to boost the flows on three rivers, the Tuolumne, Stanislaus and Merced, as part of a water quality analysis for the Sacramento-San Joaquin Delta that hasn’t been updated for more than 20 years.

“Science shows the delta has been out of balance far too long and is in ecological crisis,” said water board chair Felicia Marcus.

Water districts cried foul, saying the plan would mean losing water that feeds their local economies. That included the San Francisco Public Utilities Commission, which supplies millions of Bay Area residents with water from the Tuolumne River.Wildlife groups said the flows wouldn’t be nearly enough to bring salmon back.

“This is not easy,” said Marcus. “This is one of the hardest decisions the board has had to make.”

The divisive debate fit a familiar script in California water of “fish vs. farms,” so the water board put out a challenge: Water districts could come up with their own plan to share water.

The negotiations began, stalled and picked up again. The water board delayed its vote, twice, to give the parties more time.

On Wednesday, state officials presented the water board with the outline of a settlement on the Tuolumne River. Water users on the Stanislaus and Merced couldn’t come to an agreement.

Still, the agreement went beyond the Tuolumne River, including the Sacramento River and other tributaries. The water board is scheduled to consider the flows on those rivers in the next phase of its water quality plan.

Depending on your view, the agreements are either a rare moment of groundbreaking cooperation or a last-ditch effort to delay something long overdue.

“I view this as a way to come up with a comprehensive solution for the Bay-Delta,” said Michael Carlin of the San Francisco Public Utilities Commission. “If you look at the whole system, that’s how you recover the fishery.”

The plans include habitat restoration, seasonal water flows for salmon and fallowing thousands of acres of land to free up water.

Still, environmental groups were quick to point out, the plans likely won’t provide the river flows currently in the water board’s plan.

“On the Tuolumne River, it really doesn’t represent that significant an improvement over existing conditions in many ways,” said Gary Bobker of the Bay Institute.

“While there was a lot of lipstick that was presented today, underlying that seems to be a pig in the poke,” said Doug Obegi of the Natural Resources Defense Council.

The water board plans to do an environmental analysis on the voluntary agreements, which are expected to be more fleshed out by March.

Some water districts cautioned that the agreements may fall apart if the board voted to adopt the flow plan.

“There’s a risk, in my opinion, that we’re all going to be diverted into other processes and that very elusive thing called momentum might be lost,” said Kevin O’Brien, an attorney representing water districts on the Sacramento River.

To actually return water to the rivers, the water board will undertake a water rights review, which could limit some of the oldest water rights holders in the state. Litigation will almost certainly follow.

Article by Lauren Sommer

Original article can be found at https://www.kqed.org/science/1935707/california-water-officials-say-find-way-to-share-water-or-well-do-it-for-you?fbclid=IwAR1MhI9Gim8VWdzCMZhReY1qpSZ-aYr4VMs_axjuj1kGcehqxOK3hkeBuVQ