Subject: Chinook Salmon - Steelhead - Sacramento River
Date: Sat, 14 Mar 1998 10:25:34 +0000
From: BOB BAIOCCHI <cspa@psln.com>
Organization: CSPA
To: CSPA Board by email
March 11, 1998
Mr. James Lecky, Chief
Protected Species
U.S. National Marine Fisheries Service
501 West Ocean Blvd. Suite 4200
Long Beach, CA 90802-4213
Re: Sacramento River Watershed; Endangered Winter-Run Chinook Salmon;
and other species proposed for listing; Comments and Recommendations by
the California Sportfishing Protection Alliance
Dear Mr. Lecky:
The California Sportfishing Protection Alliance is requesting the U.S.
National Marine Fisheries Service to investigate the following "take" to
endangered winter-run chinook salmon species of the Sacramento River
Watershed at the City of Sacramento's Richards Boulevard Intake on the
Sacramento River.
On March 5, 1998 the California Division of Water Rights approved an
order for temporary changes of points of rediversion, places of use, and
purposes of use, involving a temporary transfer of water. Please see
enclosure.
The water transfer involves Lower Yuba River Watershed water being
transferred and rediverted at the unscreened City of Sacramento's
Richards Boulevard Intake on the Sacramento River. The transfer of water
is between the Browns Valley Irrigation District (BVID) and Sacramento
County Water Agency (SCWA) using the City of Sacramento's Richards
Boulevard Intake.
This is the fourth transfer between BVID and SCWA using the unscreened
Richards Boulevard Intake. The previous transfers were approved by the
Chief of the Division of Water Rights on September 27, 1994, September
28, 1995, and September 9, 1996. The transfer proposed for 1997-1998 is
an extension of the 1996-1997 transfer to allow transfer of 2,700
acre-feet of water that was not delivered under the 1996-97 transfer
because of the lack of completed diversion works. California Water Code
1728 does not authorize the SWRCB to approve a temporary change for more
than one year nor does Section 1728 require CEQA documents, nor does
that section allow for formal water right protests. (My Emphasis)
During the course of the past four water transfers between the parties,
the CSPA objected to the transfers on grounds the Richards Boulevard
Intake should be screened to prevent harm and injury to winter-run
chinook, Delta smelt, steelhead trout, and spring-run, fall-run and late
fall-run chinook salmon species. The Division of Water Rights denied the
CSPA request to have the diversion works screened. For that reason, the
CSPA did not submit an objection with the SWRCB on this water transfer
because it would have been meritless to object and request the SWRCB to
require the parties to screen the diversion works.
However, the Division's Order of March 5, 1998 did require the
permittee to comply with all applicable requirements under the state and
federal Endangered Species Act. See Item No. 9 on page 10 of the Order
of March 5, 1998.
The CSPA believes the Browns Valley Irrigation District, the Sacramento
County Water Agency, and the City of Sacramento, are in violation of the
federal Endangered Species Act because the parties do not have a "take
permit" from the U.S. National Marine Fisheries Service for all of the
water transfers.
The CSPA believes, pursuant to the federal Endangered Species Act, the
Browns Valley Irrigation District, the Sacramento County Water Agency,
and the City of Sacramento, should be required by the U.S. National
Marine Fisheries Service to obtain a "take permit" from the U.S.
National Marine Fisheries Service because the diversion of water,
whether transferred or not, from the Richards Boulevard Intake, will
damage and jeopardize endangered winter-run chinook salmon, and also has
the potential to harm and jeopardize Delta smelt, steelhead trout, and
spring-run, fall-run, and late-fall run chinook salmon species.
Central Valley steelhead trout species are being proposed for listing
by the U.S. National Marine Fisheries Service under the protection of
the federal Endangered Species Act. Central Valley spring-run, fall-run,
and late fall-run chinook salmon species are also being considered for
listing by the U.S. National Marine Fisheries Service under the
protection of the federal Endangered Species Act. And winter-run chinook
salmon and Delta smelt are listed for protection under the provisions
and requirements of the federal Endangered Species Act.
The people of the State of California own the winter-run chinook salmon
species, own the Delta smelt species, own the steelhead trout species,
own the spring-run chinook salmon species, and own the fall-run and late
fall-run chinook salmon species. These fish species are public trust
resources and assets, which the CSPA believes should be protected from
harm and injury by the state and federal agencies as required by law.
Recommendations by the California Sportfishing Protection Alliance
Pursuant to the requirements of the federal Endangered Species Act, the
U.S. National Marine Fisheries Service should take the following actions
to prevent jeopardy and harm to endangered winter-run chinook salmon
species, and other species being proposed for listing under the
protection of the federal Endangered Species Act:
1. Bring the Browns Valley Irrigation District, the Sacramento County
Water Agency, and the City of Sacramento into full compliance with the
federal Endangered Species Act by enforcement action, and require the
parties to obtain a conditioned "take permit" to protect endangered
winter-run chinook salmon species (all life stages) and other fish
species proposed for listing at the Richards Boulevard Intake on the
Sacramento River.
2. Require the Browns Valley Irrigation District, the Sacramento County
Water Agency, and the City of Sacramento to collectively fund,
construct, and maintain a state of the art fish screen at the Richard
Boulevard Intake.
3. Have the enforcement division of the U.S. National Marine Fisheries
Service fully investigate the California Division of Water Rights and
determine the reasons why the California Division of Water Rights did
not require the parties to consult with the U.S. National Marine
Fisheries Service prior to approving said four water transfers, and also
the reasons why the California Division of Water Rights did not require
the parties to construct and maintain a state of the art fish screen at
the Richards Boulevard Intake.
4. Require the California Division of Water Rights, by enforcement
action or other means by the U.S. National Marine Fisheries Service to
deny all future water transfers, and also deny diversions of water using
the Richards Boulevard Intake until the diversion works is screened to
prevent harm and jeopardy to endangered winter-run chinook salmon
species, and other fish species proposed for listing.
A written response is requested concerning what actions the U.S.
National Marine Fisheries Service propose to do regarding the above
recommendations.
If there are any questions, I can be reached at my office at
530-836-1115. My fax is 530-836-2062.
Respectfully Submitted
_____________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
cc: Mr. Jim Bybee, Supervisor
U.S. National Marine Fisheries Service
777 Sonoma Avenue
Santa Rosa, CA 95404
Mr. Chris Mobley, Fisheries Biologist
U.S. National Marine Fisheries Service
777 Sonoma Avenue
Santa Rosa, CA 95404
Mr. Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak Avenue, Suite D
Woodland, CA 95695
Mr. Michael R. Sherwood, Esquire
Earthjustice Legal Defense Fund
180 Montgomery Street, Suite 1725
San Francisco, CA 94104-4209
Interested Parties
Enclosures