Feinstein's Water Bomb

California senator takes aim at Delta fish protections

 

Sen. Dianne Feinstein, D-Calif., is preparing to introduce a legislative rider that would dramatically reduce Endangered Species Act protection for salmon and other fish in California. The amendment would lift restrictions on the amount of water that farmers can pump from the Sacramento-San Joaquin river delta for the next two years. But it could also scuttle a delicately negotiated effort to balance protections for endangered fish with the water needs of farms and residents of Southern California.

Feinstein’s effort comes as the state seems bound for the third year of an emergency fishing ban to protect dwindling salmon runs, and as populations of the Delta smelt and other fish continue to crash. And the move is a remarkable turnaround:  Just four months ago, Feinstein denounced Sen. Jim DeMint, R-South Carolina, for trying to introduce a similar amendment at the behest of California water districts.

Feinstein's office declined repeated requests for details and comment yesterday, but insiders familiar with the matter say that the Senator’s reversal is largely due to lobbying by the Westlands Water District. Last year, after three years of drought, the federal government cut water deliveries to many irrigation districts in the San Joaquin Valley. Westlands, which is the largest district of its kind in the nation, was hit the hardest, and saw its supply of water from the Delta dwindle to just 10 percent of the amount it holds contracts for.

Westlands is "a coyote with its leg in a steel-jawed trap," says Jason Peltier, the district’s chief deputy manager. “Short-term, we’re going to pursue every right and legal avenue we have to protect ourselves.”

But pushing aside the federal pumping restrictions intended to protect threatened smelt and endangered salmon would solve only part of the district’s problem. Fish-related restrictions account for just 15 to 20 percent of the cutbacks, according to an independent analysis by the Public Policy Institute of California. The vast majority of the water shortage is due to the drought. (For an in-depth exploration, see Breakdown).
   
Westlands' battle against the pumping restrictions has nonetheless reached a heart attack-inducing pace. Last week, the district led a confederation of farm-water agencies in asking federal district judge Oliver Wanger to order the federal government to run its Delta pumps at maximum capacity. That helped capture the surge of water delivered by a massive winter storm, but the reprieve lasted just six days before the government had to throttle down its pumps. On Wednesday, Westlands and other water users asked Wanger to order that those pumps be started up again, but the judge denied that motion.
   
Then, on Thursday, Sen. Feinstein announced that she is considering an amendment that will essentially do what Judge Wanger would not. Feinstein’s office has not released a final draft of the rider, which the Senator intends to attach to the jobs bill now before Congress. Sources who helped craft the amendment say that it won’t be a flat-out waiver of Endangered Species Act protections — but, for fish, the rider may be even worse than an outright waiver.
   
Under the current endangered-fish restrictions, the federal government  can dial its pumps up or down within a specified range to respond to changing conditions. Yet the government, Peltier says, has tended to be overly conservative. "We have been hoping for the regulators to exercise some discretion," he says. "But they just default to the most restrictive levels possible."
   
Feinstein's rider would force federal officials to keep the pumps floored at the highest levels currently permitted. Westlands spokeswoman Sarah Woolf says that would allow water agencies to pump an extra million acre-feet of water out of the Delta during the winter and spring. If that's true, it would mean that, based on the Public Policy Institute of California’s analysis, Feinstein's rider would allow irrigation districts to pump twice as much water from the Delta as they could were the current fish protections totally eliminated.

High Country News Classifieds
  • STAFF ATTORNEY
    Staff Attorney The role of the Staff Attorney is to bring litigation on behalf of Western Watersheds Project, and at times our allies, in the...
  • TEST
    test
  • ASSISTANT VICE PRESIDENT FOR DIVERSITY AND INCLUSION
    Northern Michigan University seeks an outstanding leader to serve as its next Assistant Vice President for Diversity and Inclusion. With new NMU President Dr. Brock...
  • EXECUTIVE DIRECTOR
    The Clark Fork Coalition seeks an exceptional leader to serve as its Executive Director. This position provides strategic vision and operational management while leading a...
  • GOOD NEIGHBOR AGREEMENT MANAGER
    Help uphold a groundbreaking legal agreement between a powerful mining corporation and the local communities impacted by the platinum and palladium mine in their backyard....
  • EXECUTIVE DIRECTOR
    The Feather River Land Trust (FRLT) is seeking a strategic and dynamic leader to advance our mission to "conserve the lands and waters of the...
  • COLORADO DIRECTOR
    COLORADO DIRECTOR Western Watersheds Project seeks a Colorado Director to continue and expand WWP's campaign to protect and restore public lands and wildlife in Colorado,...
  • DIGITAL MEDIA SPECIALIST, THE NATURE CONSERVANCY: WYOMING, MONTANA AND UTAH
    Digital Media Specialist - WY, MT, UT OFFICE LOCATION Remote and hybrid options available. Preferred locations are MT, WY or UT, but applicants from anywhere...
  • GRANT WRITER (PART-TIME, FREELANCE CONTRACT) HIGH COUNTRY NEWS
    High Country News seeks an energetic, articulate and highly organized grant writer to support a growing foundations program. This position works closely with our Executive...
  • EXPERT COMPUTER & TECH HELP, PROVIDED REMOTELY
    From California, I provide expert tech help remotely to rural and urban clients. I charge only when I succeed. Available 7 days. Call for a...
  • ACCOUNTING AND OPERATIONS GENERALIST
    What We Can Achieve Together: The Accounting and Operations Generalist provides accounting and operations related services, including lease administration and compliance support, to the Arizona...
  • LANDSCAPE ECOLOGIST
    Landscape Ecologist, Arizona What We Can Achieve Together: The Landscape Ecologist provides technical and scientific support and leadership for conservation initiatives and strategies in landscape...
  • MULESHOE RANCH PRESERVE STEWARD
    What We Can Achieve Together: The Muleshoe Ranch Preserve Steward lives on site in housing provided by The Nature Conservancy and performs and coordinates construction...
  • GILA GRASSROOTS ORGANIZER
    Position Summary New Mexico Wild is seeking an experienced and energetic professional who is passionate about public lands and community engagement to fill our Gila...
  • ASSISTANT PROFESSOR OF HISTORY - INDIGENOUS HISTORIES OF THE NORTH AMERICAN WEST
    Whitman College seeks applicants for a tenure-track position in Indigenous Histories of the North American West, beginning August 2024, at the rank of Assistant Professor....
  • DAVE AND ME
    Dave and Me, by international racontuer and children's books author Rusty Austin, is a funny, profane and intense collection of short stories, essays, and poems...
  • CHIEF FINANCIAL OFFICER
    Rural Community Assistance Corporation is looking to hire a CFO. For more more information visit: https://www.rcac.org/careers/
  • EXECUTIVE DIRECTOR
    The Absaroka Beartooth Wilderness Foundation (ABWF) seeks a new Executive Director. Founded in 2008, the ABWF is a respected nonprofit whose mission is to support...
  • CANYONLANDS FIELD INSTITUTE
    Field seminars for adults in natural and human history of the northern Colorado Plateau, with lodge and base camp options. Small groups, guest experts.
  • COMING TO TUCSON?
    Popular vacation house, everything furnished. Two bedroom, one bath, large enclosed yards. Dog-friendly. Contact Lee at [email protected] or 520-791-9246.