FRESNO, Calif. (CN) — Fishing groups and water suppliers fighting the Biden administration’s proposed drought rules for California’s water system told a federal judge Friday the emergency plans won’t stop the demise of endangered salmon.
With California trudging through another disappointingly dry winter, the federal government and state officials have agreed upon a set of temporary rules they claim are necessary to preserve enough cold water on the Sacramento River for Chinook salmon this spring and summer. The rules call for new water temperature targets and improved collaboration between federal and state officials on the management of California’s two main water conveyance systems.
But the Pacific Coast Federation of Fishermen’s Associations and other conservation groups cast the “interim operations plan” as a half-baked measure that will lead to a third consecutive year of salmon die-offs. They want the feds to hold off on upcoming water deliveries and subsequently store more cold water behind Shasta Dam in the event hydrological conditions remain dreadful.
In addition, a group of water agencies claim the interim plan was untested and, if implemented, would likely violate their contracts with the U.S. Bureau of Reclamation.
The overarching issue are endangered species permits or biological opinions adopted by the Trump administration in 2019 that critics said severely weakened protections for salmon and water quality in the Sacramento-San Joaquin River Delta.
The drainage point of California’s largest rivers, the delta is the largest remaining estuary on the West Coast. Stretching across 1,100 square miles and five counties, the delta is the hub of massive federal and state water projects that prop up the state’s $50 billion agricultural industry and provide drinking water for over 25 million people.
The area is ecologically rich; a diverse array of species thrive in the massive estuary. However, those species have been steadily eroding, particularly in dry years when salt water from the San Francisco Bay pushes further up the delta.
Environmental groups and state officials claimed rules were poisoned by political influence and meant to help former President Donald Trump back up his campaign promise to “open up the water” to California farms. Once the Trump administration signed off the rules, a stream of lawsuits ensued in the Eastern District of California.
The complex cases, which have been consolidated under U.S. District Judge Dale Drozd’s watch for over two years, appeared to gain a bit of clarity last year when the Biden administration announced it was scrapping the Trump-era rules and going back to the drawing board.
However due to required rounds of environmental review, new biological opinions aren’t expected until at least 2024. Until the update goes into effect, the feds’ Central Valley Water Project will remain under the challenged 2019 framework.
U.S. District Judge Dale Drozd, an Obama appointee, is responsible for working out the kinks in the meantime. Last fall, Drozd directed the dozens of parties to the cases to try and craft a temporary solution, but the request has thus far gone unfulfilled.
After another disastrous year for salmon on California’s largest river and with the feds preparing to announce how much water will be available for farmers later this month, Drozd is being asked to act quickly.
Expecting similar warm water conditions to the ones that fried an estimated 75% of winter-run Chinook eggs last year, the feds filed a stopgap plan with Drozd in hopes of saving the beloved species. The plan won’t settle the myriad court battles, but would act as a sort of truce between the state and feds until new biological opinions are completed.
But, as is often the case in California water disputes, nothing is coming easy.
Instead of applauding the temporary plan, environmentalists, fishing groups and water suppliers decried the agreement and said they were left out of negotiations. Both have asked U.S. Dale Drozd to nix the governments’ deal, however they are far from bedfellows and are seeking vastly different outcomes.
During a marathon hearing Friday, the fishermen’s associations argued the interim operations plan should be scrapped along with the entire 2019 framework, saying both will continue to allow the feds to mismanage the Sacramento River with impunity.
“The federal defendants do not come here saying, ‘We have designed the [interim plan] in order to avoid jeopardy,’ they do not come here saying, ‘We think these things are the most we can do,’” said Barbara Chisholm, the associations’ attorney. “That should give the court pause.”
Drozd didn’t issue a ruling Friday night, but he indicated the associations’ request was a tall order.
“When I read it, it sends shivers through my body,” Drozd said. “It’s a map to essentially making this court the operator of the entire California water distribution system.”
Water districts similarly said the fishermen’s associations’ proposed relief would force Drozd and the federal courts to play “water manager.” Led by the State Water Contractors, the intervening defendants argued the 2019 regulations should remain in place because they’ve already gone through heightened environmental scrutiny.
“The interim operations plan hasn’t been subjected to analysis under the Endangered Species Act or the National Environmental Policy Act,” said Jenna Mandell-Rice, the water contractors’ attorney.
The state’s attorneys reiterated the interim operations plan, which would govern operations for both water projects through Sept. 30, was carefully negotiated to protect fish and water rights holders as the Golden State heads into another drought year.
“Some additional protection should be provided to these fish,” said Daniel Fuchs with the California Attorney General’s Office. “We want to keep the parties out of court and work together.”
At the conclusion of the eight-hour hearing, Drozd gave the fishermen’s associations until Monday to amend their motion for injunctive relief. He added the court would rule on the plaintiffs’ motion along with the government’s interim operations plan as soon as possible.
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