Judge sides with farmers in [California] delta pumping lawsuit

Bloomberg Business Week ^ | May 18, 2010 | Terence Chea

[La Enchiladita]

A federal judge ruled Tuesday in favor of Central Valley farmers and urban water agencies seeking to loosen restrictions on pumping from the Sacramento-San Joaquin Delta, a major source of irrigation and drinking water for much of California.

U.S. District Judge Oliver Wanger in Fresno said the federal government did not properly develop a management plan that restricted water exports to protect endangered salmon, steelhead and other fish.

The judge scheduled a hearing Wednesday to determine how much water can be exported without harming threatened fish that migrate through the delta to the Pacific Ocean.

Groups representing San Joaquin Valley farmers and Southern California water users filed suit to block the pumping restrictions imposed by the 2009 management plan written by the National Marine Fisheries Service.

The restrictions were aimed at protecting winter- and spring-run chinook salmon, Central Valley steelhead, green sturgeon and a group of orca whales.

Judge Wanger said pumping restrictions were necessary to protect those species, but the agency did not adequately explain how they determined specific pumping levels.

[La Enchiladita]

The restrictions -- along with three years of drought -- have forced farmers to leave large tracts of land fallow, leading to significant economic loses and soaring unemployment in many agricultural communities, said Sarah Woolf, a spokeswoman for Westlands Water District, which serves about 600 farms in western Fresno and Kings counties.

Environmentalists, fishermen and tribal communities that defended the water management plan in court were disappointed by Tuesday's ruling, said Doug Obegi, a staff attorney for the Natural Resources Defense Council.

[Past Your Eyes]

Now they’ll need to hire more Mexicans to pick the stuff.

[csmusaret]

There is a lot of land that is fallow now because the farmers had to uproot all their dead almond trees.

[caseinpoint]

I thought Obama promised more Central Valley water in return for some of their congresscritters voting for his healthcare reform. Dennis Cardoza, where are you?

[Enterprise]

The last figure I heard was that 40 thousand people are out of work on the West Side of Fresno County. If sufficient water is allowed for growing crops, it should mean that these people will get back to work, not that more will be hired.

[UCFRoadWarrior]

Environmentalists, fishermen and tribal communities that defended the water management plan in court were disappointed by Tuesday’s ruling, said Doug Obegi, a staff attorney for the Natural Resources Defense Council.

---

Enviromental groups should be sued until put out of business. They do nothing but wreck economies, in the interest of non-descript polllution issues or useless animals.

You wonder why business have not gone after Enivros and Animal Rights Fascists? Some of the major corporations fund those groups

[calex59]

Not to mention the thousands of Walnut trees in Central CA.

[La Enchiladita]

Do you have a ping list for your area and could ping them, thanks? I can’t remember names of folks in Central Valley CA.

[marsh2]

http://plf.typepad.com/plf/2010/05/federal-court-california-water-cutbacks-for-endangered-species-not-scientifically-justified-.html

Pacific Legal summary with link to decision.

This could have implications for the Klamath River as well - adequacy of NEPA impact analysis on 4 dam removal and the current water cut off to the Klamath Project

[Enterprise]

I don’t have a ping list, but I will ping a few people.

[Enterprise]

Some progress made here. Can you ping others in the area who might be interested?

[HereInTheHeartland]

“and a group of orca whales”

Lunacy.
Last time I checked, Orca whales don't swim up the Sacramento River

[JustAmy]

Ping-a-ling.

I wonder on a year when we get less rain if people will still be as important as fish.

Thanks for the ping, Enterprise.

[csmusaret]

Rain or no rain they can’t grow crops without irrigation water. The normal rainfall is about 10 inches per year. Even if you doubled that no crops would survive the 105 degree summer days.

[JustAmy]

I think the only reason farmers are getting water is because of the extra rain we got this year. It is easy to play politics when you can still keep the enviro-nuts happy. Costa is suddenly on the farmer’s side. Bull!!!

Food grows where water flows!!

[freekitty]

Thanks Amy for the ping.

[Syncro]

How has the rain supply been there?

It's way over normal out here by the coast.

[JustAmy]

WE had above average rain here but what is needed is dams!! We need water storage.

These guys crying about the poor farmworkers are now responsible for putting farmers out of business and eliminating jobs on the west side.

Don’t know if it is a joke or not, but I heard that farmers are moving to Mexico and taking the farmworkers with them. California regulations are ruining agriculture. California has driven businesses out of the state and are now driving farmers out of the state. Soon there will be no taxpayers left ... only takers.

[flat]

JUDGE OLIVER WANGER....

SENT TO US BY W. AND A MARINE SGT TO BOOT

.....I GUESS THAT SPELLS COMMON SENSE....THIS DECISION IS WHAT YOU’D EXPECT FROM A GUY LIKE THIS...

MY ONLY QUESTION IS ...HOW IN HELL DID COME OUT OF BERKLEY LAW SCHOOL WITH HIS HEAD ON STRAIGHT...? MUST HAVE BEEN THE MARINE CORP TRAINING...ANY WAY HE’S A GOOD ONE!!!

REGARDE VU:

District Judge Oliver W. Wanger

Federal Judicial Service:

U. S. District Court, Eastern District of California
Nominated by George Bush on January 8, 1991, to a seat vacated by Milton Lewis Schwartz
Confirmed by the Senate on March 21, 1991, and received commission on March 25, 1991

Education:

University of Southern California, B.S., 1963

University of California, Berkeley, Boalt Hall School of Law, LL.B., 1966

Professional Career:

1960-1967
U.S. Marine Corps Reserve Sergeant

1967-1969
Deputy district attorney, Fresno County

[SierraWasp]

"This could have implications for the Klamath River as well -"

Well, I sure hope so!!!

BTW, since I won't be voting for Aanestad per your fine suggestion, who do you recommend on the (R) ballot for Lt. Gov, other than Abel Muldonodor??? Anyone???