Negotiators work on river plan
Sides moving closer on restoration of San Joaquin water flows
By: Michael Doyle | Publication: Fresno Bee,
Sep 22, 2006 -
Negotiators are still refining an ambitious San Joaquin River restoration plan, with a tentative agreement this week to classify as "experimental" the salmon that will reclaim the river as its home.
The "experimental" label would mean the Merced and Modesto irrigation districts have less to fear from federal regulators. It is also a sign that river negotiators, with key lawmakers cracking the whip, may soon resolve how Congress will make the San Joaquin live again.
"I'm very encouraged," Rep. Dennis Cardoza, D-Merced, said Thursday. "We're very close."
The Capitol Hill negotiations are fine-tuning the river restoration plan formally unveiled last week. With an estimated price tag ranging between $250 million and $800 million, the plan is supposed to restore water flows to the San Joaquin River in 2009. By the end of 2012, salmon will be introduced.
Before then, though, Congress must pass legislation that provides money and authorizes projects. During negotiations that spanned about six hours Wednesday and still more hours Thursday night -- all overseen by Democrat Sen. Dianne Feinstein -- environmentalists and San Joaquin Valley water users narrowed key differences.
One key solution, described by several negotiators, involves designating the newly reintroduced San Joaquin River salmon as a "non-essential experimental population." Under a rarely used portion of the Endangered Species Act, this softens the accompanying regulations. Thus, irrigation districts would be less likely to face federal sanctions if they killed some of the fish in the course of their operations.
Similar "experimental population" status has previously been given to the whooping crane and the California condor, among other species. Gray wolves near Yellowstone Park were deemed an experimental population, thereby giving ranchers more leeway to shoot the wolves to protect their flocks.
Separately, negotiators seemingly outflanked a controversy over restoring a 22-mile stretch of the San Joaquin River that ends in Merced County. This so-called "upper 4-B" stretch is now depleted, causing doubts about its potential revival.
"While you certainly can restore certain sections of the river," Los Banos farmer Lynn Skinner told a House subcommittee Thursday, "attempting to restore this particular segment ... is unrealistic, illogical and threatens the site of a huge food-producing area."
Consequently, negotiators say they have agreed to call for a feasibility study. This will determine whether it makes the most sense to restore the 4-B section, at an estimated cost approaching $371 million, or whether river water should instead be shunted through a bypass.
"We're probably in a very good position to bring closure," said Allen Short, general manager of the Modesto Irrigation District.
"There was far more progress than I thought there would be."
The Modesto and Merced irrigation districts are among the "third parties" to the original San Joaquin River agreement. They weren't part of the original negotiations, which pit the Natural Resources Defense Council and the Bay Institute against the Friant Water Users Authority representing farmers on the San Joaquin Valley's east side.
Mariposa Republican George Radanovich convened the House water and power subcommittee hearing Thursday; in part, to let the third parties vent their concerns. Other sentiments were aired, as well, with Rep. Devin Nunes, R-Visalia, sounding dubious about the deal and hostile toward NRDC representatives.
"You're asking us to spend $800 million," Nunes said. "It probably means $2 billion."
Other lawmakers sounded more optimistic, with Feinstein declaring herself pleased with the progress. She summoned the negotiators to her Senate offices for a follow-up session Thursday night.
One sticking point is what to do about federal hydroelectric licenses. The Merced Irrigation District's license for the Merced River Project expires in 2014, and the Modesto and Turlock districts' license for Don Pedro Reservoir expires in 2016. The irrigation districts don't want their new licenses jeopardized by the arrival of a threatened salmon species.
Negotiators must also resolve how to handle salmon in the Sacramento-San Joaquin Delta, where an "experimental population" could end up mingling with a "conventional" population.
The reporter can be reached at mdoyle@mcclatchydc.com or (202) 383-0006.
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