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Ten Ways Dams Damage Rivers

Federal Energy Regulatory Commision Offers Downstream Fish Passage Options...

1. Dams reduce river levels

By diverting water for power, dams remove water needed for healthy in-stream ecosystems. Stretches below dams are often completely de-watered.

2. Dams block rivers

Dams prevent the flow of plants and nutrients, impede the migration of fish and other wildlife, and block recreational use. Fish passage structures can enable a percentage of fish to pass around a dam, but multiple dams along a river make safe travel unlikely.

3. Dams slow rivers

Many fish species, such as salmon, depend on steady flows to flush them downriver early in their life and guide them upstream years later to spawn. Stagnant reservoir pools disorient migrating fish and significantly increase the duration of their migration.

4. Dams alter water temperatures

By slowing water flow, most dams increase water temperatures. Other dams decrease temperatures by releasing cooled water from the reservoir bottom. Fish and other species are sensitive to these temperature irregularities, which often destroy native populations.

5. Dams alter timing of flows

By withholding and then releasing water to generate power for peak demand periods, dams cause downstream stretches to alternate between no water and powerful surges that erode soil and vegetation, and flood or strand wildlife. These irregular releases destroy natural seasonal flow variations that trigger natural growth and reproduction cycles in many species.

6. Dams fluctuate reservoir levels

Peaking power operations can cause dramatic changes in reservoir water levels — often up to 40 feet — which degrade shorelines and disturb fisheries, waterfowl, and bottom-dwelling organisms.

7. Dams decrease oxygen levels in reservoir waters

When oxygen-deprived water is released from behind the dam, it kills fish downstream.

8. Dams hold back silt, debris, and nutrients

By slowing flows, dams allow silt to collect on river bottoms and bury fish spawning habitat. Silt trapped above dams accumulates heavy metals and other pollutants. Gravel, logs and other debris are also trapped by dams, eliminating their use downstream as food and habitat.

9. Dam turbines hurt fish

Following currents downstream, fish can be injured or killed by turbines. When fish are trucked or barged around the dams, they experience increased stress and disease and decreased homing instincts.

10. Dams increase predator risk

Warm, murky reservoirs often favor predators of naturally occurring species. In addition, passage through fish ladders or turbines injure or stun fish, making them easy prey for flying predators like gulls and herons.

***

“When I visit a dam, I often find a plaque honoring by name the engineer, government leader, contracting firm and the height, size, date, volume of water held or diverted, power generated, flood capacity measurements. And that’s fine.

But I don’t find a plaque with the names of any species hurt, the names of any people displaced, the cost to taxpayers, the price of maintenance or decommissioning, or why this option was chosen over, say, windmills, solar panels, natural gas, groundwater pumping, demand management or some decentralized tools.”

— From a World Commission on Dams member

CA Water Board Slams Klamath Dam owner’s Application for Clean Water Permit

by Dan Bacher September 30th, 2008

State Regulators today announced a plan to evaluate the impacts of dam removal on the Klamath River, but not PacifiCorp’s own proposal for operation, according to a joint news release from the Karuk Tribe, Klamath Riverkeeper and the Pacific Coast Federation of Fisherman’s Associations.

Dam removal is urgently needed as West Coast salmon populations are in their worst-crisis ever. Salmon fishing in ocean waters off Oregon and California and the Central Valley rivers is closed for the first time in history this year, due to the collapse of the Sacramento River fall chinook salmon run. However, commercial fishermen suffered from severe restrictions off the California and southern Oregon coast two years ago, due to the dramatic decline of Klamath River chinooks. We must restore the salmon runs of both the Klamath and Sacramento rivers so we don’t suffer from more fishery failures in the future.

KARUK TRIBE · KLAMATH RIVERKEEPER · PACIFIC COAST FEDERATION OF FISHERMAN’S ASSOCIATIONS

P R E S S   R E L E A S E

CA Water Board Slams Klamath Dam owner’s Application for Clean Water Permit State Regulators announce plan to evaluate impacts of dam removal but not PacifiCorp’s own proposal for operation

Sacramento, CA - Today the California Water Resources Control Board released the Notice of Preparation of an Environmental Impact Report on Oregon based PacifiCorp’s proposed relicencing of Klamath River dams. The Water Board will not evaluate PacifiCorp’s own proposal for a status quo dam license which they describe as “not legally feasible” due to federal agencies’ mandatory prescriptions for fish ladders and other mitigation measures.

“PacifiCorp is playing the delay game by repeatedly withdrawing and then re-filing to same illegal plan,” commented Glen Spain of the Pacific Coast Federation of Fishermen’s Associations (PCFFA), a major fishing industry group. “But every day they delay kills more fish, and this has got to stop. Dam removal is the only viable option, and until PacifiCorp gets serious about a dam removal plan we can support, this process must move forward toward dam removal with or without them.”

Instead of analyzing PacifiCorp’s proposal the Water Board plans to consider the following four alternatives: · FERC staff recommendations plus incorporation of the federal agencies mitigation measures including construction of fish ladders

  • Removal of Iron Gate and Copco 1 dams
  • Removal of Iron Gate, Copco 1, and Copco 2 dams
  • Long Term Modifications stemming for a potential settlement agreement among Klamath Basin stakeholders including PacifiCorp

Currently, Federal, California, and Oregon officials are negotiating an agreement to remove the dams with PacifiCorp, however, Tribes, fishermen, farmers, and environmental groups have been excluded from the talks.

“Without the participation of the people that live, work, and raise families here on the River, we have doubts that a meaningful agreement will emerge from these talks,” said Craig Tucker, spokesman for the Karuk Tribe. Tucker adds, “the Clean Water Permitting process is critically important. If the Water Board finds that PacifiCorp can’t meet California’s clean water standards with the dams in place, they can’t get the dams relicensed.”

The Federal Clean Water Act gives states the authority to regulate dam owners according to their own clean water standards. PacifiCorp’s Klamath dams create massive blooms of toxic blue-green algae that lead state and tribal agencies to post warnings against contacting the river and reservoirs each summer. Earlier this year, the Environmental Protection Agency listed the Klamath River as “impaired” by the toxic algae.

Economic reports from the California Energy Commission as well as FERC conclude that dam removal is actually cheaper for ratepayers than the construction of fish ladders and mandated increases in river flows. Even if the California Water Board issues a Clean Water Permit to PacifiCorp, it will most likely come with another set of mandatory mitigation measures which will drive the cost of relicensing up even more.

According to Klamath Riverkeeper’s Malena Marvin, “these dams are a money pit for rate payers and a death sentence for fish. It’s time for Warren Buffett to tell PacifiCorp to solve this problem by negotiating a dam removal agreement with the Tribes, fishermen, and farmers that live in the Klamath Basin. If he doesn’t he will go down in history as the man who brought poverty, disease, and toxic pollution to one of America’s greatest watersheds.”

For more information: Craig Tucker, Spokesman Karuk Tribe 916-207-8294 Glenn Spain, PCFFA, 541-689-2000 Malena Marvin, Klamath Riverkeeper 541-821-7260

Russian River Flow Changes Ordered

National Marine Fisheries Service says amount of water must be cut in winter to help juvenile salmon

Dry Creek/Russian River Confluence

By BOB NORBERG
THE PRESS DEMOCRAT
Published: 9/30/08

Federal regulators have ordered Sonoma County to reduce the amount of water flowing down the Russian River and Dry Creek and to rebuild Dry Creek habitat to spur the recovery of steelhead and salmon.

The National Marine Fisheries Service also is ordering the Sonoma County Water Agency to find an alternative to breaching the sandbar at the mouth of the Russian River, a procedure that destroys a fresh-water lagoon that forms naturally there.

Steelhead and chinook salmon are listed as threatened and coho as endangered on the Endangered Species List.

“It’s an important document for the recovery of the coho salmon and steelhead,” said Bill Hearn, a National Marine Fisheries biologist. “It looks like the project doesn’t have a significant impact on chinook, but it has huge ramifications to the recovery of coho and steelhead.”

The program could cost up to $100 million over 15 years and would be paid for with local domestic-use water rates and federal funds, said Grant Davis, the Water Agency assistant general manager.

The reduced Russian River flows, however, are being studied by residents of the lower river, whose concern for the fishery is matched by a concern for the impact on recreation.

“We could be looking at a whole lot less water if they are going to reduce the flows,” said Don McEnhill of Russian Riverkeepers. “They are not the people who have to pay refunds to customers who don’t have a good time.”

It is also reviving a citizens group that opposed a low-flow proposal four years ago.

“We will be looking at it and develop a plan to stop the implementation of it, if that is what we want to do,” said Royce Brooks of Guerneville.

The federal Biological Opinion, released under the federal Endangered Species Act, will be discussed Wednesday at a 4 p.m. meeting of the Public Policy Facilitating Committee, made up of representatives of local, state and federal agencies. The session is at the Wells Fargo Center in Santa Rosa.

Water Agency officials said they are required by the federal Endangered Species Act to implement the order, although the actions to implement it are subject to environmental review.

The opinion comes after 11 years of study by biologists and finds that the current way the Water Agency and Army Corps of Engineers run the water system is harmful to the fishery, Hearn said.

The central problem is the velocity of water in the Russian River and Dry Creek. Because of releases from Warm Springs Dam on Dry Creek and Coyote Valley Dam on the Russian River, the flows are too fast for the steelhead and coho juveniles.

The agencies are ordered to reduce the upper Russian River flows by 60 cubic feet per second, to 125 cfs, from July through October. That in turn requires reducing the amount of water released from Coyote Valley Dam and Lake Mendocino.

It would enhance fish habitat, conserve water in Lake Mendocino for the fall salmon run and reduce the amount of water flowing downstream to Jenner, where federal regulators want a natural fresh-water lagoon.

Flows from Warm Springs Dam/Lake Sonoma would be kept at the low end of current releases, about 100 cfs, and restoration work along Dry Creek would be required, primarily with placement of boulders and logs to create pools for fish.

Dry Creek, with the cold water coming from Lake Sonoma, now is a habitat for an estimated 75,000 juvenile steelhead, with a potential for 300,000 with the flows and stream work, Hearn said.

Water Agency biologists, however, conducted a fish survey a week ago and did not find any coho salmon in the creek.

“That is a concern,” said David Manning, the Water Agency’s principal environmental specialist. “Coho are not faring well. That cold water is a tremendous resource. That is a unique condition in this part of California, certainly in the Russian River watershed.”

The reduced flows from both dams would not affect agriculture and would provide enough water for the Water Agency to supply the 600,000 residents it serves from Windsor to San Rafael, said Pam Jeane, the Water Agency’s deputy director of operations.

Still, federal regulators are ordering the Water Agency to study the feasibility of putting a pipeline down Dry Creek Road or West Dry Creek Road to its percolation ponds and pumps at Forestville.

The Water Agency also is ordered to allow creation of a fresh-water lagoon at Jenner by refraining from using heavy equipment to breach the sandbar that forms across the mouth of the Russian River. The agency trenches through the sandbar as many as 10 times a year to keep the water from rising into some riverside homes.

The breach lets salinity into the lagoon, while fresh water would be more beneficial to juvenile steelhead.

Federal regulators want the Water Agency to either let the sandbar breach naturally or build a gradually sloping berm between the river and ocean.

You can reach Staff Writer Bob Norberg at 521-5206 or bob.norberg@

pressdemocrat.com

Article at the Press Democrat

CSPA Files Water Rights Protest to Protect Eel and Russian Rivers

The Russian River Flood Control and Water Conservation Improvement District (“Mendocino District”) has petitioned the State Water Resource Control Board for water from Lake Mendocino under two County of Origin water rights applications. Mendocino claims, based on a reading of old water rights applications and decisions, that water from Lake Mendocino is available for appropriation.

In 1949, the State of California made “State Filings” on behalf of both Mendocino County and Sonoma County water interests in the Russian River drainage. The state filings were made in accordance with County of Origin statutes in the State Water Code, which seek to assure that counties where water originates have water needed for development. Crudely, the idea is to prevent a situation where more developed counties get the water first, leaving none behind for rural and upstream watersheds. In general, California water law requires water users to use a water right, and does not allow water users to save the right to use water for an indefinite period. State filings, recognizing that counties of origin were at a disadvantage both in terms of money and rate of development, are an exception to this general principle.

The problem is that there is no “surplus” water left in the Russian River. Water taken by the Mendocino District will have to be taken away from someone else. Since this is likely to be contentious and involve large amounts of money, CSPA believes that there is a strong chance that some of the water that is being requested will come at the expense of the Russian River, where salmon and steelhead are already doing very poorly.

Complicating the situation is the fact that a large portion of the water that finds its way to Lake Mendocino every year is water from the mainstem Eel River that has been exported through PG&E’s Potter Valley hydroelectric project to the Russian River watershed. This exported water has helped to fuel the rampant growth of viticulture in Mendocino and Sonoma counties, and urban growth in those same counties and also in Marin. While this has continued, the salmon and steelhead fisheries in the mainstem Eel have declined dramatically, and are in danger of extirpation. If more water from Lake Mendocino is promised to Mendocino District customers, it will become harder than ever to restore water to the Eel River watershed.

While CSPA believes that state filings can serve an important function, we filed this protest to protect fisheries and other instream values in both the Eel and the Russian. We also believe that there will soon be many similar requests statewide to appropriate water under state filings. Many, if not most of these future requests will also take place in watersheds that are fully appropriated or over-appropriated. We want to be sure that the State Water Resources Control Board addresses this and future applications for water under state filings in a thorough and protective way, and that the Board employs and establishes a comprehensive process for doing this.

Thus, CSPA has asked for a number of measures and process requirements in considering Mendocino’s petitions. We want the Board to make an up-to-date accounting of water in both the Russian and Eel watersheds, with modern tools. We also want the Board to take a fresh look at all of the impacts of all the diversions in these watersheds, and not accept up front an already unacceptable situation.

Chris Shutes
California Sportfishing Protection Alliance

Rivers of Doubt

Minute quantities of everyday contaminants in our drinking supply could add up to big trouble.

Anne Underwood, Newsweek Web Exclusive

The common white sucker is nobody’s favorite fish. It’s a bottom feeder that trout fishermen in Colorado happily toss back into the water. But it’s also what scientists call a sentinel—a species whose health (or lack thereof) can warn us about problems in the environment. So imagine the reaction of environmental endocrinologist David O. Norris of the University of Colorado when he discovered some alarming changes in the sucker population of Boulder Creek. Upstream, where the water flows pure and clear out of the Rocky Mountains, the ratio of males to females is 50-50, just as nature intended. Downstream, below the wastewater-treatment plant in Boulder, the females outnumber the males by 5 to 1. Even more worrisome, Norris found that about 10 percent of the fish were neither clearly male nor female, but had sexual characteristics of both. “On the one hand, we were excited [to make such a dramatic finding],” says Norris. “At the same time, we were appalled.”

There’s something fishy in the nation’s water supply. True, its quality has improved dramatically since passage of the Clean Water Act in the 1970s. Toxic substances and pollutants are now routinely filtered out. But across the nation, something’s causing disturbing effects on aquatic wildlife. In a search for culprits, scientists are zeroing in on a group of compounds they call “emerging contaminants,” including pharmaceuticals, cosmetics and antibacterial soaps. Although we like to think that these compounds disappear when we wash them down the drain or flush them down the toilet, a lot of them are clearly ending up in water. Could they possibly affect human health? At this point, no one knows for sure. “We have lots of questions, but very few answers,” says environmental chemist Christian Daughton at the Environmental Protection Agency.

Scientists aren’t worried about any one of these chemicals in isolation. Most are found in minute doses, if they’re found at all. Toxicologist Amy Perbeck at the Michigan Department of Environmental Quality calculated that the levels of ibuprofen in Michigan drinking water were so low that a person would have to consume 17,000 gallons to get the amount in one pill. But new technology is allowing scientists to screen for mere traces of compounds, down to levels that were previously undetectable—and they find just about everything they look for. A 2002 study by the U.S. Geological Survey detected such compounds in 80 percent of the 139 streams it examined, many of which were downstream from urban areas. None of the chemicals on its own appears to be toxic at minuscule doses. “But what happens when a person is exposed to a whole cocktail of them?” asks Perbeck.

The emerging compounds of greatest concern to most scientists are the “endocrine disrupters.” These are chemicals in the environment that mimic hormones when they get into the body. An astonishing array of chemicals fall into this category—not only natural and synthetic hormones, but also chemicals in certain cosmetics, shampoos, shaving lotions, skin creams, dishwashing liquids, pesticides, flame retardants, plastics and antibacterial soaps. Like actual hormones, “they have effects at exceedingly low levels,” says Herb Buxton, coordinator of the Toxic Substances Hydrology Program at the USGS. Because so many of them bind to a certain type of receptor in the body—whether for estrogens, androgens or thyroid hormones—the effects add up.

Judging by fish populations, the result isn’t good. Scientists have found “feminized” male fish in the Mississippi, Ohio, Allegheny, Monongahela, Shenandoah and Potomac rivers. Unlike the abnormal Boulder Creek fish, which had both ovaries and testes, most of these fish are clearly males. But their testes contain some ovarian tissue that produces immature eggs, and their livers are producing egg-yolk proteins. In lab studies, scientists have also shown that male fish exposed to estrogenic compounds during early development have lower sperm counts and worrisome behavioral changes. In one experiment, Heiko Schoenfuss, head of the aquatic-toxicology lab at St. Cloud State University in Minnesota, exposed male fathead minnows early in life to estrogenic chemicals called alkylphenols (which come from some common industrial and household cleaners)—and discovered that as adults, they failed to defend their territory. The result? They were unable to reproduce successfully because they allowed other males to invade their nesting areas and eat their offspring.

Put it all together, and scientists worry that endocrine disrupters could cause declines in fish populations. In a paper last week in the Proceedings of the National Academy of Sciences, a team of Canadian and American scientists reported the collapse of the fathead-minnow population in a Canadian test lake after low levels of a potent synthetic estrogen were intentionally introduced. In the first year, researchers saw the same kind of feminization of male fish observed in the United States. The next year, says lead author Karen Kidd of the University of New Brunswick, they documented the “near extinction of this species from the lake. People, thankfully, are less vulnerable than fish, because we don’t live and breathe in water. To date, there is no conclusive evidence linking emerging contaminants to human health problems. But scientists wonder if endocrine disrupters in the water are partially responsible for some well-documented trends, including earlier puberty in girls and reduced sperm counts in men. In fish, sperm problems have been linked to waterborne contaminants, including phthalates, which are used in many plastics, cosmetics, skin-care products and pesticides. Reproductive epidemiologist Russ Hauser at Harvard has found an association in men between certain phthalates in their urine and low sperm counts—although he notes that there are multiple routes of exposure in people, including direct absorption through the skin from after-shaves and colognes. Water is only one of many sources. As Devra Lee Davis, director of the University of Pittsburgh’s Center for Environmental Oncology, sees it, humans are exposed to so many things over a lifetime that it’s hard to prove connections—but problems in wildlife should be a warning. “We have to stop treating people like lab rats in an uncontrolled experiment and start figuring out ways to reduce our exposures,” she says.

So how can we keep these chemicals out of the water supply? No one is suggesting that we give up medicines or mascara. There are, however, a few commonsense measures we could take. Look for phthalate-free deodorants and body lotions. The Environmental Working Group has a list on its Web site. Stop using antibacterial soaps. Numerous studies have found that washing with regular soap is just as effective. And learn how to dispose of drugs properly. Most shouldn’t be flushed. Some municipalities will even dispose of them along with hazardous waste.

If you’re truly worried about drinking water, the answer isn’t bottled water, which in many cases is just bottled tap water—and requires large amounts of energy to transport. Consumer devices for removing contaminants include charcoal filters, tabletop water distillers and purification units that use reverse osmosis. They can all take out a wide variety of chemicals. The fish should be so lucky.

A scene from the documentary “Flow,” directed by Irena Salina.

The War Between Public Health and Private Interests

By JEANNETTE CATSOULIS
Published: September 12, 2008

A documentary and a three-alarm warning, “Flow” dives into our planet’s most essential resource — and third-largest industry — to find pollution, scarcity, human suffering and corporate profit. And that’s just in the United States. More About This Movie

Yet Irena Salina’s astonishingly wide-ranging film is less depressing than galvanizing, an informed and heartfelt examination of the tug of war between public health and private interests. From the dubious quality of our tap water (possibly laced with rocket fuel) to the terrifyingly unpoliced contents of bottled brands (one company pumped from the vicinity of a Superfund site), the movie ruthlessly dismantles our assumptions about water safety and government oversight.

Still reeling, we’re given a distressing glimpse of regions embroiled in bitter battles against privatization. In South Africa, villagers drink from stagnant ponds, unable to pay for the water that once was free, and protesters in Bolivia — where waste from a slaughterhouse is dumped into Lake Titicaca — brave gunfire to demand unrestricted access to potable water.

And lest we begin to comfort ourselves with first-world distance, Ms. Salina cleverly frames this section with the protracted conflict between the residents of Mecosta County, Mich., and the gluttonous demands of a Nestlé bottling plant.

Naming names and identifying culprits (hello, World Bank), “Flow” is designed to awaken the most somnolent consumer. At the very least it should make you think twice before you take that (unfiltered) shower.

Flow 2008 Movie Trailer

Toxic Chemical Testing of California Sport Fish Offers Mixed Results

Sacramento–Results from a major study of toxic chemical concentrations in sport fish in California show that contamination from some toxics has declined, while that of others remains a problem.

The Surface Water Ambient Monitoring Program (SWAMP) has just released its Final Report: Bioaccumulation of Pollutants in California Waters: A Review of Historic Data and Assessment of Impacts on Fishing and Aquatic Life, which was completed for SWAMP by the San Francisco Estuary Institute (SFEI).

The report evaluated trends of toxic chemical concentrations in sport fish in California, comparing three decades of monitoring data on bioaccumulation collected by major state monitoring programs and smaller studies. Bioaccumulation refers to the build-up of chemicals in the tissue of a fish.

The results show major decreases in bioaccumulation for some contaminants, but little change in mercury contamination over time. Although still present in fish, the bioaccumulation of PCBs and DDT (which posed a serious problem in the 1970s) has steadily declined.

Nevertheless, bioaccumulation of toxics remains a problem in many of the states’ water bodies. Of the 390 sites sampled recently, 68 percent have bioaccumulation concentrations above levels of concern. Mercury is the chemical of primary concern; mercury concentrations generally show no decline over the last 30 years. Because of the use of mercury in gold panning and mining and quicksilver mines dating back to the Gold Rush, California is dealing with legacy, historic pollution in multiple bodies of water.

The report recommends additional monitoring and assessment and makes specific recommendations for a cost-effective bioaccumulation monitoring program in California.

SWAMP data is used by CalEPAa??s Office of Environmental Health Hazard Assessment (OEHHA) to develop sportfish consumption advisories for individual water bodies.

One key issue is that consumption advisories exist for only a fraction of the water bodies likely to need them. Many water bodies with elevated contaminant levels in fish are near population centers and are popular for fishing.

To begin to address this need, a program focused on lakes and administered by SWAMP began monitoring last year. The first year included sampling of 50 random lakes and 80 lakes popular for fishing. The remaining 120 popular lakes will be sampled this year. The information collected will help: Create a statewide assessment of bioaccumulation impacts on California lakes. Assess which individual lakes are so contaminated that clean-up actions are needed.

The report, by J.A. Davis, Ph.D., and others, is available at SFEI.org and on the SWAMP website.

Surprise – Pesticides Harm Salmon And Steelhead

National Marine Fisheries Services to review effects of pesticides on salmon and steelhead

The National Marine Fisheries Services will review the effects of 37 pesticides on salmon and steelhead under a lawsuit settlement with environmental and fishing groups.

By Hal Bernton Seattle Times staff reporter

Pacific Northwest Map

The National Marine Fisheries Services will review the effects of 37 pesticides on salmon and steelhead under a lawsuit settlement reached Wednesday with environmental and fishing groups.

The federal fisheries agency will complete the reviews over a four-year period. The first deadlines are in October, when the agency is supposed to finalize three biological opinions on organophosphate pesticides.

Most of the 37 pesticides have been found in California and Pacific Northwest rivers used by salmon and steelhead. Currently, a court order requires farmers — as a temporary measure — to leave buffer strips between fields sprayed with these pesticides and many salmon streams, according to Joshua Osborne-Klein, an attorney for Earthjustice, which represents the plaintiffs.

The plaintiffs include the Northwest Coalition for Alternatives to Pesticides and the Pacific Coast Federation of Fishermen’s Associations. They are hoping the studies will lead to new science-based measures to protect streams from pesticides that pose a risk to salmon and steelhead.

Earlier studies by the National Marine Fisheries Service (NMFS) indicate that trace amounts of one organophosphate insecticide — diazinon — can affect the salmon’s nervous systems in levels as low as one to 10 parts per billion. Others studies have indicated that pesticides can affect swimming ability and growth.

“We are very encouraged by the fact that NMFS has agreed to go through this process but will remain vigilant,” Osborne-Klein said.

EPA Elbows Corps Aside to Protect Western Rivers

L.A. and Santa Cruz Rivers Will Benefit from Clean Water Act Safeguards

Carol Goldberg, Washington, DC

In a move to protect Western rivers, the U.S. Environmental Protection Agency has taken jurisdiction away from the U.S. Army Corps of Engineers to determine whether two rivers are covered by the Clean Water Act, according to documents released today by Public Employees for Environmental Responsibility (PEER). The action by EPA effectively trumps recent steps by the Corps to severely diminish Clean Water Act federal safeguards in the Los Angeles and Santa Cruz river systems. In an unusual letter sent this past Sunday, August 17, EPA Assistant Administrator Benjamin Grumbles informed his counterpart overseeing the Corps, Assistant Army Secretary John Woodley, that -

“I am designating the Los Angeles and Santa Cruz Rivers as Special Cases.and therefore EPA Headquarters will make the final determination of their jurisdictional status under the CWA [Clean Water Act].”

At the urging of the National Association of Homebuilders, the Corps had in recent weeks sent signals that it would radically narrow its standard for whether rivers that flow intermittently should be protected:

  • In June 2008, the Corps declared only a small portion of the L.A. River to be a Traditional Navigable Waterbody (TNW), thus signaling that the bulk of the river and all its tributaries would not be covered by the Clean Water Act; and
  • In July 2008, the Corps suspended its previous decision to designate parts of the Santa Cruz River in Arizona as a TNW. Under the standards proposed to the Corps, fully 96% of all of the surface waters in the state of Arizona would very likely lose Clean Water Act protections that have been in place for the past thirty years.

“It is refreshing to see EPA show some spine on a politically charged pollution issue,” stated PEER Executive Director Jeff Ruch, noting that Clean Water Act prevents the rivers from being eliminated through fill and prohibits dumping of sewage and toxic materials as will as run-off from construction sites and streets. “The reverberations from this action extend beyond these two rivers.”

The EPA action removes the Corps from making the determination as to what waters in these river systems will retain their long standing Clean Water Act protections. EPA now will be the agency that defines which waters keep and loose CWA protections. Until EPA makes their final determination there is no guarantee how much of these two watersheds will retain CWA protections, but it is highly unlikely that EPA would have intervened if it agreed with the Corps.

Navigability is one of the thorny issues created by a 2006 U.S. Supreme Court decision (U.S. v Rapanos) that the Bush administration is using to cut back protections for wetlands and other vital waters. Congress is currently debating legislative remedies to return Clean Water Act protections to what had been historical protected under the Act. In an August 7 letter, two of the leading reform sponsors, Rep. Henry Waxman (D-CA) and James Oberstar (D-MN) demanded the Corps explain their threatened rollbacks, writing that the agency had seemingly acted in an “ad hoc manner, seemingly subject to complete reversal of suspension without any clear and objective standards” that may be “in contravention with the law” and which “undermines federal and state efforts to ‘restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.’”

“Cleaning up the Clean Water Act will be high on the agenda of the next Congress,” Ruch added.

Read article at Peer.org

Read the EPA Letter to the Corps

View The letter from Reps. Waxman and Oberstar

Biological opinion could change the outflows of Lake Mendocino

Ukiah Daily Journal Staff Article
Last Updated: 08/11/2008

Lake Mendocino

Summer flows of water out of Lake Mendocino and into the Russian River could be reduced following the release of a biological opinion that could change the way those releases are managed.

Flow volumes in the Russian River, as well as releases from Lake Mendocino and Lake Sonoma are governed by California State Water Resources Board Decision 1610.

A draft biological opinion from the National Marine Fisheries Service that will be released to interested agencies in September could form a basis for changing those flows which are partially based on the needs of salmonids that live in the Russian River.

According to the draft opinion, reducing those summer releases into the Russian River could be beneficial to fish, as well as maintaining greater water storage in the lakes during the dry summer months.

The report will now be released to interested agencies, including the Sonoma County Water Agency, the Russian River Flood Control District and the Mendocino County Inland Water and Power Commission.

Once the opinion is finalized, an application can be made to the State Water Resources Control Board to modify decision 1610. Any consideration of changes would trigger a report based on the California Environmental Quality Act which would include opportunities for public review and comment

Mendocino County is currently facing its second dry year in a row. As of Friday, storage in the lake was at 56,414 acre feet, less than half of the lakes total storage. Last month, the City of Ukiah asked that residents begin voluntarily conserving water.

Michael Delbar, chairman of the Eel-Russian River Commission and Mendocino County supervisor said the release of the opinion is a critical step in amending the decision and achieving a balance between what is best for salmon and what is best for life and agriculture in Mendocino County.

“I am hopeful that the biological opinion will mean more water in Lake Mendocino later in the summer and fall seasons,” he said.

The release of a draft opinion is another step in the long process of possibly amending a state water decision. The process began in 1997 when Coho and Chinook Salmon and Steelhead Trout were listed as endangered.

In writing the report, NMFS consulted with state and federal agencies such as the California State Department of Fish and Game, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and Mendocino and Sonoma counties.