San Joaquin River Restoration Program
Contact: Jeff McCracken, 916-978-5100
Introduction
On September 13, 2006, after more than 18 years of litigation, a Stipulation of Settlement (Settlement) was reached on a lawsuit known as NRDC, et al., v. Kirk Rodgers, et al. The Settling Parties reached agreement on the terms and conditions of the Settlement, which was subsequently approved by Federal Court on October 23, 2006. The "Settling Parties" include the Natural Resources Defense Council, Friant Water Users Authority (FWUA), and the U.S. Departments of the Interior and Commerce. The Settlement's two primary goals are:
- Restoration Goal To restore and maintain fish populations in "good condition" in the main stem of the San Joaquin River below Friant Dam to the confluence of the Merced River, including naturally reproducing and self-sustaining populations of salmon and other fish.
- Water Management Goal To reduce or avoid adverse water supply impacts to all of the Friant Division long-term contractors that may result from the Interim Flows and Restoration Flows provided for in the Settlement.
Planning and environmental studies are currently being completed under the authority and funding of the Central Valley Project Improvement Act (CVPIA). Signed in 1992, this act included provisions for developing a restoration plan for the San Joaquin River.
In January 2007, Federal legislation was re-introduced by California members of Congress that would authorize Federal agencies to implement the Settlement beyond the authority contained in the CVPIA. The San Joaquin River Restoration Act (H.R. 4074) passed out of the House Committee on Natural Resources in November 2007. H.R. 4074 includes a provision to establish the San Joaquin River Restoration Fund (Fund). The legislation would direct approximately $17 million per year of payments from the Central Valley Project Friant Division be deposited into the Fund to be available without further appropriations to implement the provisions of the Settlement.
Funding in FY 2009 will be used to continue planning, engineering, environmental compliance, fisheries management, water operations, and public involvement activities related to the Restoration and Water Management goals in the Settlement.
Implementation
The Settlement states that the Secretary of the Interior will implement the terms and conditions of the Settlement. Additionally, the Settling Parties acknowledged that successful implementation of the Settlement will also require participation of the State of California (State). Therefore, concurrent with the execution of the Settlement, the Settling Parties entered into a Memorandum of Understanding (MOU) with the State regarding its role in the implementation of the Settlement.
The Program established to implement the Settlement is the San Joaquin River Restoration Program (SJRRP), and the "Implementing Agencies" responsible for the management of the Program include the Bureau of Reclamation, United States Fish and Wildlife Service, National Marine Fisheries Service, and the California Department of Water Resources and Department of Fish and Game.