Tracy Press

A watchdog group is asking state water regulators to reconsider what it says is an unwise and secret decision to increase water exports from the Delta.

An environmental watchdog group asked state water regulators to retract a recent decision to pump more San Joaquin Delta water for the rest of the year to thirsty Central Valley farmland.

The California Sportfishing Protection Alliance said the order is illegal because it flouts water quality standards. The group filed a petition this week asking the State Water Resources Control Board to reconsider.

The San Joaquin River flows near Mossdale. A group that tries to protect the health of the river and greater Delta says a recent emergency decision by a lone water regulator is hurting the waterway and was made inappropriately. Press file photo

"It’s not the way we prefer to do things," he said. "But this is an emergency."

The alliance argues that even in times of emergency, pumping more water without bringing it up to par with state standards is illegal.

It argued, too, that the order was secret and the public wrongfully excluded from the process.

The Department of Water Resources asked the board to use both state and federal pumps to speed up water delivery to a half-million-acre irrigation district between Los Banos and Kettleman City.

Board member Art Baggett granted the request under a provision enacted nearly a decade ago that allows state water policymakers to act quickly and without public comment if they deem the need urgent enough.

"It’s perfectly legal and there was nothing secret about it," Clegern said of board member Baggett’s judgment call.

Alliance spokesman Bill Jennings and others who challenged Baggett’s decision said they understand why he made it — south San Joaquin Valley farmers have less than their promised share from the Federal Water Project.

But Jennings said he worries that giving away local water will hurt farmers in the valley’s northern reaches.

Since early last month, the water has been going to Westside Irrigation District — a stretch of the state’s breadbasket where some farmers have opted to let their land go fallow for lack of water.

"We have a lot of sympathy for people who aren’t getting their water," said John Herrick of the South Delta Water Agency, which also asked the board to take back its recent decision.

But Herrick said there’s no reason an agency should waive water quality regulations and no reason it fails to meet them given the time they’ve been in place.

In 1995, California set water quality standards that must be met before it allows any increase in the amount of Delta water exported.

The guidelines were meant to give regulators an incentive to clean up the ailing estuary, said Herrick, a Stockton lawyer.

Instead, the board waits until the last minute and makes underhanded decisions, he charged, hinting at a lawsuit if the board decides to dismiss the petition. He said regulators could very well bring saltwater levels down to a healthy balance, but they don’t.

"They don’t plan on meeting water quality requirements and pump anyway," he added. "They wait until the last minute and have to make ‘urgent’ decisions."

An earlier request from the Department of Water Resources would have allowed for some healthy debate and a more tempered decision, Herrick said.

The board may deny the alliance’s petition on grounds that it fails to bring up a problem that merits review, said Clegern, who dismissed Jennings as overzealous.

"He’s very determined, very aggressive, as he should be," he said. "But sometimes, there’s an occasional misunderstanding or miscommunication."

The petition will go with others for the board to consider, Clegern said. And board members can decide either to extend or cut short the emergency pumping, which is set to go on for six months.

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written by amy , August 02, 2008

The Governor of CA gave a talk on CNN saying that California's infrastructure is decaying and does need to be repaired, upgraded, and replaced immediately with the "government's" help....

Hope they have the funds to replace our leevees, since the majority of them are in weakened state?
Hope Ornellas will take care of that too, in his addressings of concerns.

Thank you.
-amy

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written by Dave Hardesty , August 04, 2008

amy

"Hope they have the funds to replace..."

Who is the "they" are you talking about? Where does this money come from?

Now if you have a money tree growing in your back yard please give me some seeds or a cutting. I'd like to have one also.

Dave Hardesty



Dave Hardesty

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written by amy , August 06, 2008

Oops, The Federal Government! Should have been more specific!
Thanks Dave!
I am still hoping the sapling I spotted might be the money tree... will let you know!

-amy