CSPA Asks State Water Board to Reconsider State and Federal Water Project Consolidation

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CSPA Asks State Water Board to Reconsider State and Federal Water Project Consolidation

by Bill Jennings, Executive Director, CSPA

17 June 2009 - Today, the California Sportfishing Protection Alliance (CSPA) and the California Water Impact Network (C-WIN) jointly filed a Petition for Reconsideration (Petition) with the State Water Resources Control Board (State Board) over their recent decision allowing the State Water Project (SWP) and Central Valley Project (CVP) to consolidate their respective places of use. For the first time CVP water can be delivered to SWP service areas and SWP water can be shipped to CVP places of use; placing addition stress on an already over-promised and broken water delivery system. The decision has grave implications for already degraded water quality and fisheries in the Central Valley.

The CSPA/C-WIN Petition alleges that the State Board decision was an error in law, not supported by substantial evidence and that subsequent new information exists that undermine the need for the consolidation. The Petition asks the State Board to reconsider their decision and reopen the hearing to reconsider the appropriateness of the consolidation of the SWP and CVP places of use.

On 20 March 2009, the California Department of Water Resources and federal Bureau of Reclamation requested that the State Board change their respective water rights to allow them to consolidate their respective places of use and interchange water deliveries. Following an evidentiary hearing on 27 & 28 April, the State Board adopted the order on 19 May.

CSPA/C-WIN testified at length in the hearing and submitted extensive exhibits document that the project was unnecessary, illegal, undermined faith in public process and would cause extensive harm to fisheries and the environment. We pointed out that drought is a common event in California, occurring over a third of the time, and there was no justification for the Governor to declare an emergency declaration waiving all environmental review.

South and Central Delta Water Agencies, Defenders of Wildlife and San Joaquin County joined CSPA and C-WIN in opposing the DWR/Bureau request; Westlands Water District, San Luis & Delta-Mendota Water District and Santa Clara Water District joined in support.

Subsequent to the hearing, DWR revealed in a letter to Senator Feinstein, that the water supply situation is considerably better than they represented at the hearing and that Westlands Water District is expected to receive 86% of its normal water allocation. In other words, DWR completely changed its tune after the hearing.

Michael Jackson is representing CSPA and Julia Jackson is representing C-WIN in this matter.