Posted on 07/29/2005 5:33:15 PM PDT by NormsRevenge
SACRAMENTO (AP) - Water contracts that often turn 60 miles of California's second-longest river into a sandy desert fail to adequately take into account the damage to endangered species, a federal judge has ruled. But he did not immediately alter the agreements that send San Joaquin River water flowing to 15,000 central California farmers and cities.
The 25-year water contracts signed four years ago divert water at the Friant Dam near Fresno that otherwise would flow down the San Joaquin River and help sustain species there and in the Sacramento-San Joaquin River Delta east of San Francisco. The water instead goes to a million acres of farmland and to cities in Fresno, Kern, Madera, Merced and Tulare counties on the east side of the San Joaquin Valley.
U.S. District Court Judge Lawrence K. Karlton ruled Thursday in Sacramento that the U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service and National Marine Fisheries Service violated the Endangered Species Act by deciding the contracts would not harm fragile species including salmon.
That decision was "arbitrary and capricious," Karlton ruled. He cited "numerous examples" in his 78-page decision, "perhaps the clearest instance" being the agencies' assumption that only half the amount of water pledged by the contracts would actually be diverted. That led to a flawed analysis by the Fish and Wildlife Service that was accepted by the reclamation bureau without question.
Spokesmen for the bureau and the Friant Water Users Authority, which represents many of the contractors and is a defendant in the case, said they could not comment because their lawyers were reviewing the ruling. Greg Wilkinson, an attorney for the water users, said the decision includes "some peculiar rulings," but he declined to elaborate. He said the users are likely to postpone an appeal until Karlton decides next spring how much water must be released down the dry river to sustain the species.
The ruling follows Karlton's decision last year that the Friant Dam itself was being operated in violation of the Endangered Species Act. However, the bureau has been able to continue sending water to farmers under short-term contracts while it reconsiders the environmental damage from the diversions.
A third legal challenge also is pending before Karlton in a 17-year court battle over the San Joaquin's flow.
The latest ruling affects contracts with 28 water agencies, but also spells problems for more than 200 pending water contracts the length of the Sacramento River to the north, some that would set water rights for as long as 40 years, said Hal Candee, a senior attorney with the Natural Resources Defense Council. The council's attorneys argued the case on behalf of 14 fishing and environmental groups that filed the legal challenge.
Those pending contracts "suffer from a similar defect" in failing to account for the damage to endangered species, Candee said.
In his latest decision, Karlton ruled the federal agencies ignored a provision of the act that requires them to try to increase endangered populations - not merely keep them from sliding closer to extinction.
His decision cites emails and discussions at the time by federal wildlife managers questioning the agencies' decisions and alluding to high-level pressure within the agencies to hurriedly conclude that no harm would be done to endangered species.
In addition to the NRDC, the suit was brought by Trout Unlimited, California Striped Bass Association, National Audubon Society, Stanislaus Audubon Society, California Sportfishing Protection Alliance, United Anglers, CalTrout, Pacific Coast Federation of Fishermen's Associations, Sierra Club, Bay Institute, San Joaquin Raptor Rescue Center, Friends of the River, and Nor-Cal Fishing Guides and Sportsmen's Association.
If it's dry, how can there be species? Maybe he plans to hydrate them back to life.
Save the fish. Kill the humans.
I'd say once the river is sand, the endangered specie issues are moot.
Instant fish. - Just add water.
Is that L. Hutton?
As usual with these scumbag Democrat liberal activist judges, the human species is the species that doesn't count.
Only if she had a middle tooth added.
I've been bass and trout fishing that river since I was a kid and it's not dry, but it doesn't have a continuous flow especially for the migratory fish that we have heard used to come through back in the day. The rivers north of us that do still sustain those runs are "dry" some of the year to sustain the farms but then water is released during the migration time for the fish. Maybe a timed flow pattern combined with a fish ladder at Milleton dam and we'd get salmon run and water for the farms, etc. As long as the farms get enough water, it sure would be fun to catch a 20 lb steelhead in the San Joaquin!
close! Jessica Lange... lol
Who is that female Ferengi?
That's it! Damn, I ccan never get those two straight.
She looks, well, like a hag in that photo.
Is she an activist for this? I know, Hollywood. Why did I even ask...
In your brand new car.
I know there is a group I hold in lower regard than the Bugs and Bunny crowd, but I can't think of it off hand. Suffice to say that living in the area puts my assessments to the test, particularly when seeing this as part of the "problem" :
The water instead goes to a million acres of farmland and to cities in Fresno, Kern, Madera, Merced and Tulare counties on the east side of the San Joaquin Valley.
This is clearly a diversion and the additional exportation of the precious commodity from Northern California to Southern California (ignore the "San Joaquin Valley" part. That appears to be totally a red herring.
I was not here in 1995, so I need to do a little digging...
Isn't that the whack-job who was found in some bushes a few years back all bedraggled, dirty and babbling incoherently?
Is she a political commentator too?
LOL.. That was Lois Lane ,, uhh, Margot Kidder,, No wait,, Courtney Love,, No wait..
Tell California not to worry to much about a lack of water ~ help may be close than they think!
Yikes
For Bitt ~ this one of California being swallowed by a huge wave from the left is one of mine. Thought you might enjoy seeing it.
You can still access the river in a couple of places but it gets harder every year. San Joaquin River Trust has bought up a lot of riverland through Fresno and there is a lot of just plain urban sprawl that has crept literally to the river banks. This year the water's been unusually high, but usually we just bass fish and it's warm water pond fishing in barely moving water.
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