California Sportfishing Protection Alliance

1360 Street / Berkeley / CA 94702 / 510-526-4049
"Restoring California's Fishery Resources"

Media Release: 3-26-2001
Contact: Jerry Mensch: 916-363-4021 / John Beuttler: 510-526-4049

Energy Crisis Shrouds Horrendous Yuba River Decision
CSPA Petitions For Reconsideration

In what is likely the worst water rights decision in the state's history, the
State Water Resources Control Board (SWRCB) has adopted a final Yuba River
decision on March 1st that significantly reduced previously proposed flows
for fish by their staff. To justify their last moment revisions, the SWRCB
cited public comments and their desire not to aggravate the state's energy
crisis as the reason for downgrading their decision.

After a decade, two major evidentiary hearings accompanied by much stalling
and duplicity, the Board's Water Rights Decision 1644 falls seriously short
of the flows recommended by the Department of Fish & Game, the Fish &
Wildlife Service and the National Marine Fishery Service to protect
Spring-run salmon and steelhead that are listed as endangered species, as
well as Fall-run salmon and American shad.

Perhaps most egregious, the decision revised a vastly superior draft
allegedly to comply with to the Davis administration's position that energy
supplies should not be diminished by the Board's decision. This became a
smoke screen to delay implementing increased fishery flows until April of
2006, as the power generation from Englebright Dam would not have been
affected in any meaningful way according to analysis by Friends of the River!
In addition, the Board's decision:

* did not adopt a water temperature standard that required Yuba County Water
Agency (YCWA) to keep high water temperatures from becoming detrimental to
fishery survival.

* did not expressly prohibit any reductions or flow fluctuations during
spawning and rearing periods, thereby encouraging conditions that will
decrease fishery production.

* permitted critically dry year flow reductions to enable YCWA to not have
delivery deficiencies of more than 20 percent. This is the exact time when
fisheries need flows the most to assure reproduction and survival under
hostile environmental conditions.

These shortcomings in the decision have no basis in the evidentiary record.
Since the SWRCB decision is to be based only on the evidentiary hearing
record, CSPA has filed a request to have the SWRCB reconsider the decision.
We anticipate fishery agencies and other interested groups will make similar
requests. Unfortunately, we seriously doubt that this water board will change
their mind should they decide to reviewed their decision.

According to Jerry Mensch, a CSPA's Board Member who is leading the Yuba
effort, "The legal requirement that the SWRCB base its decisions on
substantial evidence in the record appears to have been replaced by a new
popularity standard. Had we known they were going to make their decision
based on how many people speak for or against the draft proposals, we could
have solicited some advice on public voting from Florida."

CSPA has also filed a request with Attorney General Bill Lockyer seeking his
legal assistance to protect critical naturally produced salmon and steelhead
under his independent enforcement authority to protect environmental and
public trust resources.

Regarding CSPA's request, Mensch noted: "If this Board does not have the
fortitude to make the decisions required by law, they should be quickly
replaced. If they are going to ignore the law they should be replaced even
quicker. We've urge the Attorney General to get involved because the SWRCB's
actions are not supported by the science and related evidence presented
during the hearing."

CSPA is working closely with other groups including the Northern California
Council Federation of Fly Fishers, Trout Unlimited of California, CalTrout,
South Yuba River Citizens League, Friends of the River, Natural Resources
Defense Council and The Bay Institute to oppose the decision and to prepare
to take legal action that now appears eminent. For additional information,
CSPA can be reached at 1360 Neilson Street, Berkeley, CA 94702.