CSPA
CSPA Update December 1997
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
ACTIVITIES - DECEMBER 1997
The California Sportfishing Protection Alliance is the administrative and legal arm of the Northern California Council Federation of Fly Fishers and fly fishers throughout California. The following are some of the CSPA activities:
HYDRO ACTIVITIES
The CSPA is significantly involved with the relicensing of hydropower projects in California. Many rivers and streams in California were given away by the Federal Energy Regulatory Commission (FERC) when the hydro projects were licensed by the FERC many years ago. The opportunity to restore the wild trout and anadromous fisheries and ecosystems of many waterways in California affected by hydro projects is now! The CSPA has been working the FERC process for many years with some success. The CSPA is working jointly with member groups of the California Hydropower Reform Coalition, and also is a member of the coalition.
The Big CSPA Success Story
The biggest CSPA success in dealing with the FERC hydro process is that the CSPA filed complaints with that federal agency because hydro dam owners were not complying with their mandatory minimum daily flow requirements for fish. As a result of the CSPA complaints, the Federal Power Act was amended which increased penalties from $500 up to $10,000 per day for violations of mandatory conditions in FERC licenses, which included compliance monitoring by FERC throughout the United States. A review of some of the recent USGS flow records in California shows compliance. So the fish are getting their water, but the mandatory daily flow requirements are inadequate. And the timing is ripe for the public to obtain adequate flows for fish and the environment during the FERC relicensing process.
North Fork Feather River - The Most Endangered River in the America
o North Fork Feather River - PG&E's Rock Creek-Cresta Project on the NFFR is going through the relicensing process. The CSPA's objective is to restore the world famous wild trout fishery of the NFFR. The CSPA and many other parties filed motions to intervene with FERC concerning the relicensing of the project. Recently, a Partial Offer of Settlement was submitted to FERC by local, state, federal, and non-governmental intervenors such as the CSPA attempting to restore the wild trout fishery and the river environment. The parties that are working together to fix the river are: CSPA (Bob Baiocchi); Cal Trout (Jim Edmondson); Friends of the River (Maureen Rose); American Whitewater Affiliation (John Gangemi); Chico Paddleheads (Dave Steindorf); Shasta Paddlers (Kevin Lewis); Lake Oroville Fish Enhancement Committee (Tom Van Gelder); California Outdoors and Tributary Whitewater Tours (Dan Buckley); U.S. Fish and Wildlife Service; California Department of Fish and Game; and Plumas County (Mike Jackson - Board of Supervisors). The SWRCB supports the Partial Offer of Settlement.
In a move to spotlight the North Fork Feather River, a nomination paper was filed by about 30 statewide organizations with American Rivers in Washington D.C. to have the NFFR listed as one of the most endangered rivers in America. Cal Trout, Friends of the River, and CSPA worked collectively together to prepare the nomination. We want to thank all of the organizations and people who sponsored the nomination! American River will announce the ten most endangered rivers in America in early 1998.
Twenty Year Old Agreement Falls Short of Protecting the Upper Mokelumne River Watershed
o Upper Mokelumne River - PG&E's Upper Mokelumne River Hydro Project is also going through the FERC relicensing process. PG&E and the state and federal agencies are attempting to bless a 1978 fish and wildlife agreement based on studies conducted about 25 years ago. A collection of organizations have intervened with FERC and have objected to the 25 year old studies and the 20 year old agreement. The wild trout waterways affected by the agreement are: North Fork Mokelumne River (From Rock Creek downstream to above Pardee Reservoir); Blue Creek; Rock Creek; Meadow Creek; Bear River; Beaver Creek; Panther Creek; Tiger Creek; and Cole Creek. The lakes and reservoirs operated by PG&E which affect the wild trout waterways because of meager minimum daily flows are: Upper Blue Lake; Lower Blue Lake; Twin Lake; Meadow Lake; Bear River Reservoir; Lower Bear River Reservoir; Salt Springs Reservoir; Tiger Creek Afterbay; Electra Diversion; and Lake Tabeaud. And a significant amount of the natural flows of the river and its tributaries are diverted through PG&E's giant conduits.
The groups working together to restore the river using the FERC process are: Friends of the River; American Whitewater Coalition; Foothill Conservancy; California Outdoors; Sierra Club Mother Lode Chapter; California Trout; and CSPA. The California Hydropower Reform Coalition is working with the groups. The attorney for the group is Richard Roos-Collins of NHI.
The CSPA is involved in the upper Mokelumne River as well as the lower Mokelumne River, and the restoration of the river is before the FERC.
Sierra Lakes and the South Fork American River Moves to Federal Level
o Sierra Lakes - South Fork American River - The battle for the survival of public recreation at Caples Lake, Silver Lake, and the Lake Aloha, and also the protection of the environment of the South Fork American River has elevated from the state to federal level. PG&E filed a motion with FERC to surrender the license for its El Dorado Project. That's good news! However, PG&E has also filed an amendment to its license to construct the Riverton Pumping Project for water hungry El Dorado County. That project will divert and use more water from the river and the lakes. The CSPA and 19 other organizations filed a motion to intervene to protect the Sierra Lakes and South Fork American River. Attorney Steve Volker of the Earthjustice Legal Defense Fund is representing the 20 organizations, which includes the CSPA.
Our joint motion to intervene claims the following: (1) PG&E's Application must be denied because the comprehensive watershed plan required under the Federal Power Act has not been prepared; (2) The water program of the proposed consumer of water from the Riverton Pumping Project, El Dorado Irrigation District, has been declared unlawful by the El Dorado County Superior Court; (3) Required inter-agency consultation has not been accomplished; and (4) FERC must itself conduct an extensive environmental review before considering the Riverton Pumping Project.
To date the group have won three major lawsuits against El Dorado concerning El Dorado attempt to grab more water from the Sierra Lakes and the South Fork American River.
The Upper San Joaquin River - A Forgotten River
o Upper San Joaquin Watershed - A lot of attention has been focused on the San Joaquin River below the infamous USBR's Friant Dam to restore the spring-run chinook salmon fishery which was extinguished when the State of California failed to carry out the law of the land and order the USBR to comply to state law, and release flows to keep the fish in good condition at all times below the dam. The battle over the water is still on-going.
Very little has been mentioned about the Upper San Joaquin River Basin above Friant Dam. Chinook salmon and steelhead can no longer migrate into the upper river because of Friant Dam. However, the Upper San Joaquin River sustains wild trout and a degraded ecosystem because of hydro development.
Southern California Edison (SCE) operates a significant number of FERC licensed power projects in the Upper San Joaquin River. SCE's hydro projects are integrated into a massive unbelievable plumbing system which diverts water from reservoir to powerhouse to reservoir to powerhouse. There are about 8 SCE powerhouses in the upper river. The waterways that are affected by SCE's hydro operations are: San Joaquin River; South San Joaquin River; Big Creek; Stevenson Creek; Mono Creek; Bear Creek; Hopper Creek; North Slide Creek; South Slide Creek; Tombstone Creek; and Pitman Creek.
There are numerous SCE reservoirs, dams, and diversions throughout the upper river. Those facilities are: Lake Thomas A. Edison; Mono Creek Reservoir and Diversion; Bear Creek Reservoir and Diversion; Florence Lake; Ward Tunnel; Huntington Lake; Shaver Lake; Mammoth Pool Reservoir; Dam Diversion No.6, and Redinger Lake.
Many years ago the CSPA tagged SCE for failing to meet their meager daily fish flow requirements below their dams and diversions. Thousands of day of non-compliance were recorded by FERC.
SCE's Powerhouse No. 4 (FERC Project No. 2017) is up for relicensing now. That project affects flows in the San Joaquin River below Redinger Lake. The CSPA is working jointly with the California Hydro Reform Coalition on the relicensing of this project, and the CSPA will be filing a petition of intervention with FERC against SCE.
The CSPA advised the Sierra National Forest about the cumulative impacts to the public trust resources (wild trout - ecosystem) of the Upper San Joaquin River Basin caused by the operations of SCE's hydro projects. And that the USFS and other state and federal agencies should petition FERC to reopen all of SCE's federal power licenses to collectively mitigate all of the cumulative damages caused by the projects to the ecosystem of the river.
Many organizations will be involved with the relicensing of this project, which includes: CSPA; California Trout; American Whitewater Affiliation; Friends of the River; California Save Our Streams Council; San Joaquin Paddlers; Tehipite Chapter of the Sierra Club; and Yosemite Chapter of the Audubon Society, including the California Hydro Reform Coalition. It will take a massive effort by all of the groups to acquire adequate flows and protection measures for the wild trout and the environment of the Upper San Joaquin River.
The salmon are no longer there, but the wild trout are, and they need water and habitat to survive.
Lost Creek Gets Water
o South Fork Feather River - It takes time to make a good wine! And it takes time to restore a wild trout fishery!
On September 24, 1997 the Federal Energy Regulation Commission (FERC) issued a decision concerning mandatory daily streamflow requirements on Lost Creek. Lost Creek sustains wild rainbow and brown trout, and it is a tributary to the South Fork Feather River.
In the 1980's the CSPA filed a complaint with FERC. FERC is the federal agency that issues federal licenses to operate hydro projects. The CSPA claimed a water district who operated a large hydro project in Butte County had violated its mandatory daily streamflow requirements for fish. FERC investigated the complaint and found the CSPA was right. The FERC required a fishery study to determine the condition of the wild trout fishery and the water needed to sustain the wild trout fishery of Lost Creek.
According to the DFG files (local game warden), Lost Creek had a wonderful wild trout fishery, but the construction of Lost Creek Dam had a significant adverse impact on the wild trout fishery and their habitat. The water district was only releasing one (1) cfs of water. As a result of the CSPA complaint, including the involvement of the state and federal fish and wildlife agencies, a fishery study ordered by the FERC was conducted on Lost Creek in conjunction with interim daily flow requirements of 5 cfs and 3 cfs which was ordered by FERC.
The FERC recently ruled that the water district must release a minimum streamflow of 8 cfs from the dam into Lost Creek for the period from April 1 through October 31; and a minimum flow of 5 cfs from the dam into Lost Creek from the period November 1 through March 31. The FERC also ordered flushing flows of at least 390 cfs; and that the water district must report any reduction to the mandatory flow requirements. According to FERC, the loss of power production for providing flows into Lost Creek will cost the water district about $199,500 annually compared to the no minimum flow alternative or about $75,000 compared to the interim flow requirement. Providing water for fish is part of doing business!
Department of Water Resources Wants the Water Back in Flow Modification Project That Could Adversely Effect Juvenile Spring-Run, and Fall-Run Chinook Salmon, and Steelhead
o Oroville Project - Feather River - The CSPA, Lake Oroville Fish Enhancement Committee, and the Butte County Citizens for Fair Government filed a joint petition of intervention with FERC regarding a flow modification application filed by the Department of Water Resources concerning the operation of the Oroville Facility of the State Water Project at Oroville, California.
DWR proposes to change riverflows in the Feather River in the low flow channel, and also below the Thermalito Afterbay Outlet below Oroville Dam to help them recover water they claimed they lost when they helped the fish in the spring of 1997.
The proposed flow modification has the potential to adversely effect young of the year spring-run and fall-run chinook salmon, including any steelhead that are reared in the low flow channel of the river due to potential stranding of fish. The joint intervenors have requested DWR to monitor the river and the juvenile fish with a team of biologists, and in the event young of the year spring-run, fall-run chinook salmon, and steelhead are stranded, that DWR increase the flows immediately.
Spring-run chinook salmon are a candidate species for listing under the protection of the California Endangered Species Act because State Senator Tom Hayden et al. (and CSPA) took the California Fish and Game Commission to court over that. Spring-run migrate through the Bay Delta during periods when the State Water Project is making major diversions from the Delta, and the fish can get sucked into the State Pumps. The listing of spring-run would cause major problems for diversions exporting water out of the Delta. The San Joaquin River spring-run salmon have been extinguished because of major dams on the river and its tributaries.
Lower Mokelumne River Water Battle Still Ongoing With More to Come
o Lower Mokelumne River - The modification (riverflows and other environmental protection measures) of terms and condition of the FERC license for the Lower Mokelumne River Project No. 2916 is before the FERC at this time. The CSPA and the Committee to Save the Mokelumne are intervenors in this process. The U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) are also intervenors. The FERC process has been on-going for several years. Also a water rights hearing was held by the California State Water Resources Control Board in 1992 regarding a complaint filed by the CSPA and the Committee against East Bay Municipal Utility District (EBMUD).
This project is located on the lower Mokelumne River. The licensee and owner of the project is the EBMUD. EBMUD operates Pardee and Camanche dams and reservoirs. The reservoirs are located on the river.
The lower Mokelumne River sustains fall-run chinook salmon, steelhead trout, striped bass, American shad, and other public trust resources. It can be reasonably concluded that the project destroyed the spring-run chinook salmon fishery because Pardee Dam prevents the upstream migration of anadromous fish. A small hatchery was constructed to mitigate for anadromous fish. However, because of the riverflow conditions, the wild anadromous fisheries were adversely impacted.
At the water rights hearing in 1992, the CDFG presented their Lower Mokelumne River Fishery Management Plan. In their plan, the expert witnesses for CDFG testified that the flow recommendations for the river in their plan were in compliance with California Fish and Game Code 5937, and that any flows less than that would violate that statue. The USFWS flow recommendations were very close to the CDFG flow recommendations. The CSPA and the Committee supported the CDFG management plan with expert witness testimony. EBMUD also presented their management plan with flow recommendations far less than CDFG and USFWS. To date the SWRCB has failed to make a decision as a result of the hearing.
The FERC prepared an EIS for the modification of the project. The riverflow recommendations by FERC in the final EIS were less than the CDFG management plan but greater than EBMUD riverflow recommendations.
Settlement meetings were held by FERC with EBMUD and all intervenors (CSPA and the Committee). EBMUD walked away from the settlement process. And then EBMUD commenced putting significant political pressure on the USFWS and CDFG. And meetings were held by EBMUD, USFWS, and CDFG. CSPA and the Committee were divorced from the settlement process violating their due process rights.
On June 26, 1997, FERC was advised by EBMUD, that EDMUD, USFWS, and CDFG had reached a joint settlement. The riverflows agreed to in the joint settlement are significantly less than in the CDFG management plan, EBMUD management plan, USFWS flow recommendation, and also in the FERC final EIS. The joint settlement agreement riverflows will have adverse impacts to environmental conditions in the lower Mokelumne River below the Woodbridge diversion dam. Should FERC ruled against the fish and the state management plan, this issue will go to federal court.
Oroville Reservoir (aka Lake Oroville) - State Water Project - Now They Want the Fish Water
o DWR's Oroville Project - Fishery studies and a sportfishing management plan was ordered by FERC as a result of motion to intervene by CSPA and Lake Oroville Fish Enhancement Committee - FERC ordered the development of a committee called ORAC - CSPA AND LOFEC are members of ORAC - ORAC meets monthly in Oroville - About 15 million dollars (estimate) spend to develop and/or improve recreational facilities to date - The big issue is the expansion of the Feather River Salmon and Steelhead Hatchery - DWR is very difficult to deal with in this process. FERC will make a ruling regarding the size of the expanded hatchery.
In a recent development caused by the CSPA, LOFEC, and BCCFFG, the 1997 recreation use study for the Oroville Project showed numerous complaints by the public who use the facility for recreation. ORAC is in the process of setting up sub-committees to deal with and fix the problems.
Feather River - Therm II Project Stopped
o Feather River - The proposed Therm II Project was stopped by FERC and DWR. The developers for the project proposed major changes at DWR's Thermalito Afterbay Outlet which had the potential to affect chinook salmon and steelhead trout in the Feather River. The CSPA and LOFEC, and local citizens, worked very hard to stop the project. Submittal after submittal were made to FERC by CSPA and LOFEC. But the DWR, owners of the Oroville Project, finally put their foot down and stopped the project.
PG&E Butt Valley Reservoir - Public Pressure Saves the Trout
o The CSPA, Plumas County (Board of Supervisors -Mike Jackson), Cal Trout (Hal Jennsen), and local concerned citizens, worked overtime in putting loads of pressure on PG&E and FERC to protect the trout fishery of Butt Valley Reservoir. And we mean heat! Butt Valley Dam was about to fall apart, and dam repair work had to be done. And the threat of dewatering the reservoir and killing the trout fishery was ever so present. The reservoir was not totally dewatered and FERC ordered PG&E to monitor the trout fishery until the dam work was completed. The dam work is over and we'll see how the trout fishing will be next spring.
Railroad Regulations - Upper Sacramento River - Cantara Loop and Other Waterways
o The CSPA, Friends of the River, United Anglers, Sacramento River Preservation Trust, and the Sierra Club (Intervenors) filed a lawsuit against SP regarding the Cantara Loop toxic spill on the Upper Sacramento River. As such, Intervenors were a party to the $38 million dollar settlement received by the State from SP for damages to the wild trout and ecosystem of the river.
Intervenors recently won a major victory in dealing with the railroads and the CPUC. The California Public Utility Commission (CPUC) unanimously voted to adopt rail safety regulations for local safety hazard sites in California, four years after the State Legislature mandated the agency to do so. However, it appears this matter will be settled by the courts.
The rules adopted by the CPUC were considerably simplified from those originally released to the public six months ago. Of the 33 original local safety sites identified by the CPUC, 14 were eliminated from the rulemaking primarily because new federal rules requiring end of train (EOT) telemetry and braking devices made moot the original state rules for these sites.
For the remaining 19 local safety sites, which include the top three Intervenors have been primarily concerned about - the Cantara Loop (Upper Sacramento River), Feather River Canyon (North Fork Father River), and Sacramento-Reno rail corridor, the regulations require CPUC approval of the railroads' current train configuration rules (aka: track dynamics or TTD rules) for each hazard site, as well as CPUC approval of any proposed changes in TTD rules. This is an important victory since weakening of the TTC rules for the Cantara Loop by Southern Pacific was the primary cause of the 1991 Dunsmuir accident!
Although the adoption of the regs is a major victory for Intervenors, there are many remaining loose ends and potential loopholes.
A collateral victory that the CSPA believes Intervenors should take credit for is the Central Valley Water Quality Control Board's abatement order against Union Pacific requiring the railroad to replace the Cantara Loop Bridge with a structure intended to keep derailed trains cars out of the Upper Sacramento River, protect the wild trout, and to contain spills.
WATER RIGHTS
As you know, in early August 1997, steelhead trout were listed as either endangered or threatened under the protection of the federal Endangered Species Act by the U.S. National Marine Fisheries Service (USNMFS), excluding the Central Valley ESU which was given a six month extension. The USNMFS urged state participation as it uses the Endangered Species Act to protect steelhead in four western states. "Endangered" means the steelhead are at risk of becoming extinct in the foreseeable future. "Threatened" means steelhead are likely to become endangered in the foreseeable future.
Knowing that the steelhead would be listed the CSPA commenced filing water right protests and complaints with the SWRCB in order to have standing in protecting and restoring steelhead in water right matters on a watershed by watershed basis.
Carmel River Steelhead
o Over 40 applications pending to divert water - mandatory riverflow requirements for steelhead ignored by SWRCB - Hearing held in 1992.
The CSPA has filed numerous formal protests against applications - the riverflow-steelhead issue is ripe for a lawsuit because the feds listed the steelhead as threatened under the protection of the federal ESA. The CSPA recently recommended to the SWRCB and the USNMFS a Carmel River Steelhead Conservation Habitat Plan.
o The U.S. Fish and Wildlife Service has discovered California Red-legged Frog in the Carmel River Watershed (SWRCB). The USFWS has advised the State Water Resources Control Board that the pumping of water from the ground water basin (underflow) of the Carmel River will likely result in the complete drying of the river between San Carlos Bridge and Green Valley Bridge.
o The SWRCB and its staff are working overtime attempting to figure out how the Board can issue water right permits, circumventing the federal ESA, with a "take" condition (no water). There are a host of water right permits pending on the Carmel River. Clint Eastwood recently received his permit without any condition to protect California Red-legged Frog species and their habitat, including mandatory daily minimum riverflow requirements for steelhead.
o The SWRCB has not order any mandatory daily surface flows in the Carmel River to protect and restore the Carmel River steelhead. Recently the CSPA filed a formal public trust complaint with the SWRCB against all water users on the Carmel River. The compliant requested that the SWRCB order mandatory riverflows for steelhead and other public trust resources (Red-legged frog). The complaint was rejected by the Chief Edward Anton of the Division of Water Rights.
o The CSPA recently advised the U.S. National Marine Fisheries (USNMFS) to get tough in dealing with steelhead trout kills on the Carmel River caused by the operation of California American Water Company's diversions on the Carmel River.
o The CSPA's claimed steelhead kill on the Carmel River has been documented by the Monterey Peninsula Water Management District and the USNMFS. 289 juvenile steelhead were killed when the water company dried the Carmel River on September 1, 1997. The Carmel River steelhead were listed as threatened for protection under the federal Endangered Species Act by the USNMFS. That listing became effective on October 17, 1997.
The CSPA formally requested the USNMFS to:
o Take administrative and legal actions against Cal-Am for the recent killing of steelhead on the Carmel River;
o Take timely and vigorous administrative and legal actions against Cal-Am for any and all future steelhead kills on the Carmel River;
o Requested fulltime field monitoring by local, state, and federal agencies to prevent future steelhead kills, with Cal-Am funding the field monitoring;
o Deny all requests by Cal-Am for the "taking" of steelhead;
o Requested a Carmel River Steelhead Conservation Habitat Plan to be prepared immediately by USNMFS, California Department of Fish and Game, U.S. Fish and Wildlife Service, and the State Water Resources Control Board, with the essential factor being mandatory daily flows of water to protect and restore the steelhead and their habitat;
o Advised the USNMFS that the steelhead belong to the people of the State of California, and are a public trust asset; and further advised them that the CSPA believes the public's interest will be served in protecting the Carmel River Steelhead because all of the people of California own the fish and the water.
Russian River Watershed - Steelhead - Existing Diversions Overlooked by SWRCB
o In 1994 the CSPA filed complaints with the State Water Resources Control Board (SWRCB) concerning the Russian River Watershed. The CSPA requested the following in the complaints:
"Complaint: By letters dated July 12, 1994 and October 13, 1994, the California Sportfishing Protection Alliance (CSPA) submitted formal complaints to the SWRCB. CSPA requests that; (1) the SWRCB evaluate the impact to public trust resources of the approximate 1,400 permitted and licensed applications within the Russian River watershed, (2) scientific studies be prepared to determine the amount of water necessary to sustain the public trust fishery resources of the river and its tributaries, and (3) the SWRCB hold a public hearing." (SWRCB public notice of December 1, 1994)
The SWRCB is attempting to ignore the CSPA Complaint. The staff report recommends fishery protection measures concerning 81 pending water right applications. That is fine, and it has taken the CSPA a lot of work in finally getting the staff to do the right thing regarding fishery protection in the state. However, the Staff Report recommends the SWRCB do nothing to remedy and modify 1,400 plus water right permits and licenses that store and divert water from the river and its tributaries affecting threatened coho salmon and steelhead trout species and their habitat. These species are listed for protection under the federal Endangered Species Act.
Fish need water to survive. The key spawning and rearing habitat areas are the tributaries. However, existing conditions in the tributaries, such as water diversions, has caused major unmitigated problems for the fish.
The Staff Report established the environmental standards for about 81 pending water right applications on the Russian River and its tributaries. That environmental standard is a bypass requirement equal to 60% of the average annual unimpaired flow; fish passage facilities; fish screens; bypass flow facilities for on-stream reservoirs; and compliance conditions such as terms and conditions in new permits, including a limited diversion season from December 15 through March 31. That is a giant step forward, but it does nothing regarding the existing 1,400 plus water rights (dams and diversions)!
Noyo River - Steelhead - Northern Coastal River
o Issues - mandatory flow requirements - steelhead trout
Ongoing Activities - CSPA protestant against two applications - management of riverflows developed by staff of SWRCB - five year monitoring plan associated with riverflow plan - the streamflow plan appears to be acceptable.
Santa Clara River - Steelhead - Southern Coastal River
o Issues - major water right application - cumulative impacts to steelhead (riverflows and water quality).
Ongoing Activities - CSPA filed protest.
Gato Creek Watershed - Steelhead - Southern Coastal Stream
o Issues - Major development project - inadequate flow requirements - potential steelhead habitat - riparian habitat and other public trust issues.
OnGoing Activities - CSPA filed protest against change petition. The petition is very controversial - The CSPA is working jointly with the Santa Barbara Urban Creek Council on this stream.
Sacramento River - Chinook Salmon and Steelhead - Central Valley Rivers and Streams
o The CSPA pushed a boulder over the side of the mountain and it took a long time to reach the bottom. In the 1980's the CSPA filed a formal complaint with the SWRCB against the Glenn Colusa Irrigation District for the entrainment of chinook salmon, steelhead trout, and other fish species at GCID's major diversion on the Sacramento River. GCID diverts about one million acre-feet of water for irrigation purposes. The CSPA requested a new fish screen at the diversion. The CSPA Complaint was a hot potato with the SWRCB because the CSPA went after GCID's water rights to get their attention and fix the problem. The SWRCB referred the issue to the U.S. Army Corps of Engineers (COE). Meetings were held between the District, COE, DFG, USFWS, USNMFS, and other agencies. The CSPA attended a few meetings and it appeared the problem would be fixed. It did not. It took the listing of the winter-run chinook salmon and a court action by the USNMFS to finally get the District's attention to work towards constructing a new fish screen at the diversion.
Recently a joint EIS/EIR hit the streets called the "Hamilton City Pumping Plant Fish Screen Improvement Project". A number of alternative fish screens are being evaluated in the draft EIS/EIR. The alternatives are: (1) No-Project Alternative; (2) Screen Extension Alternative; (3) Screen Extension with Gradient Facility; (4) Screen Extension with Gradient Facility and Internal Fish Bypass (Return to Oxbow); and (5) Screen Extension with Gradient Facility and Internal Fish Bypass (Return to River). The highest rated alternative is the Screen Extension with Gradient Facility and Internal Fish Bypass (Return to Oxbow). The lowest rated alternative is the No Project Alternative. The construction costs will be shared by the tax payers and GCID.
It should be noted that the CSPA complaint is not even mentioned in history included in the draft EIS/EIR.
Whatever fish screen alternative the state and federal agencies decide to construct better work. And there should be monitoring to see whether it's working because the last fish screen (1972) constructed did not work. The construction date for the new screen is the year 2000. And lets hope we still have Sacramento winter-run chinook salmon and Sacramento steelhead hanging around.
Lower Santa Ynez River - No Flows For Steelhead
Issues - inadequate flows of water from Bradbury Dam - steelhead (12,000 to 25,000 pre-project extinguished) - CSPA filed complaint in about 1988 and hearing held in about 1989 - no flows ordered by the SWRCB - numerous threatened and endangered species affected in watershed.
Ongoing Activities - Studies being conducted and meetings being held at Santa Barbara - The river is still not flowing - This issue is over ripe for a lawsuit.
Lower Yuba River - Steelhead and Chinook Salmon - Central Valley
o Issues - CSPA complaint against YCWA et al. - Hearing in 1992 (17 days) - DFG Fisheries Management Plan - chinook salmon and steelhead trout - American shad - riverflows.
Ongoing Activities - SWRCB has failed to make a decision regarding the CSPA complaint, DFG fish plan, and riverflow (5 year delay) - over ripe for a lawsuit.
Lower Mokelumne River - Steelhead and Chinook Salmon - Central Valley
o Issues - CSPA complaint against EBMUD - Hearing in 1992 (12 days) - DFG Fisheries Management Plan - chinook salmon and steelhead trout - riverflows - water quality.
Ongoing Activities - SWRCB has failed to make a decision regarding the complaint, DFG fish plan, and riverflow (5 year delay) - over ripe for lawsuit.
Pajaro River Watershed - Steelhead - Coastal River
o Issues - major water right application - steelhead - flows - water quality - USBR proposes to divert CVP water to watershed.
Ongoing Activities - CSPA filed formal protests against application and petition.
Pescadero Creek Watershed - Steelhead - Coastal Stream
o Issues - numerous applications pending - steelhead - flows - cumulative impacts.
Ongoing Activities - CSPA filed numerous protests against applications.
Mammoth Creek - Hot Creek - Wild Trout
Issues: fish flow requirements and water quality - water uses.
Ongoing Activities - Draft EIR/EIS by MCWD and USFS - Fish flow petition pending before the SWRCB since 1992 - CSPA is protestant and has been involved for about 6 years.
McCoy Creek - Glenn Anne Creek - Steelhead - Southern Coastal Stream
o Issues - water diversions - no environmental protection measures - potential unauthorized divert and use of the state's water - potential steelhead habitat.
Ongoing Activities - CSPA protest against petition still pending - The CSPA is working jointly with the Santa Barbara Urban Creek Council on these streams.
THE CSPA BECOMES CO-PETITIONER AND JOINS OREGON NATURAL RESOURCES COUNCIL TO PROTECT SEA-RUN CUTTHROAT TROUT IN CALIFORNIA, OREGON, AND WASHINGTON UNDER THE FEDERAL ENDANGERED SPECIES ACT
o The CSPA joined the Oregon Natural Resources Council as a co-petitioner to protect sea-run cutthroat trout throughout its range in California, Oregon and Washington.
Cutthroat trout in the Oregon's Umpqua River Basin are already listed as endangered. However, cutthroat trout elsewhere are also in trouble and have no ESA protection yet.
Historically, healthy populations of sea-run cutthroat thrived in all coastal river systems north of the Eel River in northern California. California's sea-run cutthroat trout populations are at dangerously low levels in most drainages. In the Eel River drainage sea-run cutthroat are most likely extinct.
The cutthroat populations in the most danger of extinction are located in Oregon's Willamette River and on both the Oregon and Washington side of the Lower Columbia River. On the other end of the spectrum, northern Puget Sound in Washington state seems to house the healthiest remaining sea-run cutthroat stocks.
A few years ago the CSPA became a co-petitioner with ONRC in petitioning USNMFS for the protection of steelhead trout and southern steelhead trout in California under the federal ESA. That petition was successful and steelhead trout were recently listed for protection under the ESA. And the USNMFS will soon make a decision concerning whether or not to list steelhead trout in the Central Valley of California.
Stony Creek Fish, Wildlife, and Water Use Management Plan
o The U.S. Bureau of Reclamation (USBR) has finally commenced the process again to complete the Stony Creek Fish, Wildlife, and Water Use Management Plan. The development of the plan was unreasonably delayed by the USBR for the past year or so.
How did the management plan evolve? The CSPA filed a formal protest against the USBR using the water rights process. As a condition to dismissing the CSPA protest, the CSPA requested, and the USBR agreed to form the Stony Creek Task Force, and also the USBR agreed to prepare the Stony Creek Fish, Wildlife, and Water Use Management Plan.
The Stony Creek Task Force has been meeting for the past three years. In conjunction with the meetings, the Task Force and the USBR are working on a management plan to manage Stony Creek, which includes the fishery resources.
The Task Force is assisted by the Stony Creek Technical Team, which is made up of biologists.
The Stony Creek Task Force is a diverse group and the meetings are held in the heartland of rice farming interests in Glenn County. The Task Force is made up of the following parties:
California Sportfishing Protection Alliance
Sacramento River Preservation Trust
Tehama Colusa Canal Authority
Glenn Colusa Irrigation District
Orland-Artois Water District
Land Owners
Gravel Operators
US Bureau Of Reclamation
US Fish and Wildlife Service
California Department of Fish and Game
Army Corps of Engineers
Cal Trans
City of Santa Clara
The CSPA objective is to restore chinook salmon and steelhead runs in Stony Creek from Black Butte Dam to the Sacramento River, and also have the stream flow again. It is the opinion of the CSPA that Stony Creek has been abused. i.e. The CSPA documented over 200 days of zero flows at the gauge below Black Butte Dam.
There are numerous issues associated with the management of the stream. One of the major issues on Stony Creek is a seasonal unscreened gravel dam operated by GCID which diverts all of the water from the stream into GCID's canal. There are no mandatory daily minimum flow requirements from the gravel dam to the Sacramento River when the gravel dam is diverting water. However, the light can be seen at the end of the tunnel because GCID proposes to construct a siphon which will open the stream up for the upstream migration of chinook salmon and steelhead, provided the CSPA obtains adequate flows of water for the fish. Also, winter-run chinook salmon use the confluence of Stony Creek and the Sacramento River as rearing and resting habitat.
Once the management plan is completed, the plan will be submitted to the State Water Resources Control Board for further actions. The USBR was required to submit the plan to the SWRCB by December, 1998.
From time to time, the CSPA will update the progress of the management plan.
Should you want to attend the Task Force meetings, contact Bob Baiocchi and bring your football helmet.
WATER QUALITY
Penn Mine - Lower Mokelumne River
Status - $10 million settlement reached between CSPA, CSM, EBMUD and SWRCB.
Deer Creek - Waste Treatment Plan
Status - $300,000 settlement reached between CSPA and El Dorado.
Coastal Rivers - Northern California - Old, But Good News
The Sierra Club Legal Defense Fund, California Sportfishing Protection Alliance, and other groups, filed a lawsuit in federal court sometime ago to set standards for water quality in eighteen (18) Northern California rivers and streams. In a settlement with the U.S. Environmental Protection Agency, the USEPA will set limits on the total amount of sediment and heat pollution for 18 rivers and streams. The standards must ultimately be enforced by federal or state agencies. The settlement will likely set a precedent in other rivers and streams in California. Those standards will protect anadromous and resident fisheries and their habitat.
Those rivers and streams are:
Gualala River
Redwood Creek
Shasta River
Scott River
Klamath River
Tomki Creek
Big River
Albion River
Van Duzen River
South Fork Trinity River
Eel River
Mad River
Mattole River
Navarro River
Noyo River
Ten Mile River
Garcia River
Trinity River
New CSPA Website
The CSPA now has a Website. It is http://www.dnai.com/~ccate/CSPAPagerev0.html
Check it out.
Should you are any questions or need additional information, or want to become a member of the alliance contact Bob Baiocchi, CSPA, at: Fax: 916-283-5017 or E-Mail - cspa@spln.com or 916-836-1115 - The mailing address of the CSPA is P.O. Box 357, Quincy, CA 95971.