Senator Florez introduces new bill to establish delta smelt hatchery

CSPA opposes this bill. Another wave of letters needed!

By Bill Jennings, CSPA Executive Director

April 17, 2009 -- Senator Florez has introduced SB 207, which is similar if not identical to his delta smelt hatchery bill from last year (SB 994).  In case you don’t recall, the bill proposes to authorize a delta smelt hatchery, and to allow DFG to issue permits to legally allow parties, especially the CVP and SWP, to “take” (kill) delta smelt under CESA, provided that the water users and others pay to fund the hatchery.  The bill would create the hatchery as a type of mitigation bank unlike any other allowed under California law, and it would effectively eliminate the CESA requirement that a project “fully mitigate” its direct and indirect impacts on delta smelt.  Curiously, the bill does not yet include longfin smelt, which is also listed under CESA, and for which similar pumping restrictions apply pursuant to an existing CESA take permit for the SWP.
 
We worked very hard last year to kill this bill, and ultimately were successful, but given all the pressure on water supplies this year, I fear that it will be a lot more difficult to defeat it this year.   It will be very important that we generate significant opposition to the bill, and work with our wider community of friends to generate opposition letters.  The bill will be heard in the Senate Natural Resources Committee on Tuesday, April 28. 
 
Letters have to be received by the Committee by close of business on Tuesday, so we have a very short time window.