San Joaquin River restoration moves closer

WASHINGTON, D.C.
May 7, 2008 11:04am

The U.S. Senate Energy and Natural Resources Committee on Wednesday approved legislation sponsored by California’s U.S. Senators, Dianne Feinstein and Barbara Boxer, that would implement a settlement to restore the San Joaquin River and reintroduce the Central Valley spring run Chinook salmon to the river.

Companion legislation was approved by the House Natural Resources Committee last fall.

“This brings us one step closer to passing this landmark legislation,” says Ms. Feinstein. “The legislation would bring an end to 19 years of litigation between the National Resources Defense Council, Friant Water Users Authority, and the federal government. It would transform the San Joaquin into a living river and maintain a stable water supply for the farmers of the region.”

If the legislation fails, the fate of the San Joaquin River would be determined by a federal district judge who, the parties agree, would likely rule in favor of releasing much larger amounts of water at higher cost, and without any effort to mitigate farmers’ potential water losses, Ms. Feinstein says.

She says it is this threat that compelled the parties to the table, and brought them to agreement.

The legislation would resolve one of the oldest water disputes in the West.

“This legislation will help bring the great San Joaquin River back to life and end years of litigation and stalemate,” says Ms. Boxer.

The legislation approved by committee Wednesday was the product of lengthy negotiations led by Ms. Feinstein to resolve differences in the draft legislation in September 2006.

In the end, the Natural Resources Defense Council, Friant Water Users Authority, the federal government, the state of California, and various third parties such as irrigation districts agreed to support the settlement and the legislation and pledged to do what’s necessary to see that it is approved by Congress, Ms. Feinstein’s office says.

The legislation involves the Department of the Interior, the Department of Commerce, and the Bureau of Reclamation and essentially gives the Secretary of the Interior the additional authority to:

• Take the actions to restore the San Joaquin River;

• Reintroduce Central Valley spring run Chinook salmon;

• Minimize water supply impacts on Friant water users; and

• Avoid reductions in water supply for third-party water contractors.

The San Joaquin River historically supported large salmon populations, but since the late 1940’s, approximately 60 miles of the river have been dried up in most years. The settlement will reverse that.

The majority of the costs of the settlement would be shouldered by the parties themselves and the state of California. Friant is expected to pay $200 million over 20 years and the state has pledged over $200 million. The Congressional Budget Office puts the House companion legislation at $190 million over 10 years; the Senate bill reported today is expected to cost less.

The amended legislation contains significant changes that will help limit water losses to farmers, says Ms. Feinstein.

It provides approximately $100 million for conveyance and groundwater storage that would help farmers better manage their water and limit any potential water supply impacts of the settlement. These changes came at the request of the farmers.

The legislation gives all sides certainty on how the river will be restored and water will be used, Ms. Feinstein says, specifically noting:

• The Natural Resources Defense Council will be able to see that the San Joaquin River is restored, without further litigation.

• The Friant Water Users Authority will know that its water supply will remain at manageable levels.

• Third party water contractors will be able to avoid all but the smallest water impacts as a result of the settlement, except on a voluntary basis.

• And the Department of the Interior and the State of California will have partners in efforts to restore the river, improve water supply, and protect the threatened species.