http://www.californiaprogressreport.com/site/node/8739
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By Patrick Porgans
Planetary Solutionaries
Last Thursday a federal judge approved a settlement agreement to protect the tiny Delta smelt, one of a number of species listed under the Endangered Species Act (ESA) that dwell in the Sacramento-San Joaquin Delta. The smelt may be on the verge of extinction. Its 15-minute claim to fame was immortalized during a 60 Minute segment that mistakenly credited it for the demise of California’s agricultural industry. Incidentally, last year, when CBS aired the program, California’s agricultural industry posted record-breaking profits, as it did during the entire four-year of California’s so-called “drought”.
The agreement is the result of protracted legal battles concerning the decline of and protection for Delta smelt and salmon. Federal Central Valley Project (CVP) and State Water Project (SWP) pumps that export water to contractors south of the Sacramento-San Joaquin Delta are the focus of the dispute. The Court-approved settlement is being celebrated by water contractors, farmers, government officials and environmental groups as a positive development. It also provides time for the U.S. Fish&Wildlife Service (USFWS) to improve the methodologies it uses to evaluate the impacts of the pumping on the smelt in response to a December ruling by U.S. District Judge Oliver W. Wanger, which invalidated key parts of a much-debated plan to protect the smelt.
Wanger also made a ruling back in May 2009, when he issued an injunction, agreeing with the plaintiffs that the reduction of exports to their agricultural operations would result in "irreparable" economic and environmental harm in violation of NEPA. On May 31, 2009, the government Delta pumping plants reportedly went silent as the Delta smelt “take” was just 27 fish away from exceeding the “take” limit, which would have meant that both the Department of Water Resources (DWR), operator of the SWP, and the Bureau of Reclamation, operator of the CVP, would have been in “violation” of the ESA. It is interesting to note, that the fish count “take” and salvage numbers are not made by either USFWS or California Department of Fish and Game biologist. The counts are performed by DWR and Bureau maintenance personnel. Even when the “take” is exceeded, it just reinitiates consultation among the parties, and usually what happens is they agree to increase the number of fish they can “take” kill.
read more ...//www.californiaprogressreport.com/site/node/8739
Delta Agreement to “Protect Listed Species” or Another Ploy to Export More Water
Printer-friendly versionSend to friend By Patrick Porgans
Planetary Solutionaries
Last Thursday a federal judge approved a settlement agreement to protect the tiny Delta smelt, one of a number of species listed under the Endangered Species Act (ESA) that dwell in the Sacramento-San Joaquin Delta. The smelt may be on the verge of extinction. Its 15-minute claim to fame was immortalized during a 60 Minute segment that mistakenly credited it for the demise of California’s agricultural industry. Incidentally, last year, when CBS aired the program, California’s agricultural industry posted record-breaking profits, as it did during the entire four-year of California’s so-called “drought”.
The agreement is the result of protracted legal battles concerning the decline of and protection for Delta smelt and salmon. Federal Central Valley Project (CVP) and State Water Project (SWP) pumps that export water to contractors south of the Sacramento-San Joaquin Delta are the focus of the dispute. The Court-approved settlement is being celebrated by water contractors, farmers, government officials and environmental groups as a positive development. It also provides time for the U.S. Fish&Wildlife Service (USFWS) to improve the methodologies it uses to evaluate the impacts of the pumping on the smelt in response to a December ruling by U.S. District Judge Oliver W. Wanger, which invalidated key parts of a much-debated plan to protect the smelt.
Wanger also made a ruling back in May 2009, when he issued an injunction, agreeing with the plaintiffs that the reduction of exports to their agricultural operations would result in "irreparable" economic and environmental harm in violation of NEPA. On May 31, 2009, the government Delta pumping plants reportedly went silent as the Delta smelt “take” was just 27 fish away from exceeding the “take” limit, which would have meant that both the Department of Water Resources (DWR), operator of the SWP, and the Bureau of Reclamation, operator of the CVP, would have been in “violation” of the ESA. It is interesting to note, that the fish count “take” and salvage numbers are not made by either USFWS or California Department of Fish and Game biologist. The counts are performed by DWR and Bureau maintenance personnel. Even when the “take” is exceeded, it just reinitiates consultation among the parties, and usually what happens is they agree to increase the number of fish they can “take” kill.
read more ...//www.californiaprogressreport.com/site/node/8739
