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June 28, 2010
"And ere a man hath power to
say, "Behold!"
The jaws of darkness do
devour it up:
So quick bright things come
to confusion."
--Shakespeare, A
Midsummer-Night's Dream
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It sounded like a good idea to
us
The Delta Stewardship Council couldn't wait to get started
on the part of the Interim Plan that involves "review and approval of
Proposition 1E expenditures for selected projects."
When voters approved 1E in 2006, that approval included $35
million "to reinforce those sections of the levees that have the highest
potential to suffer breaches or failure and cause harm to municipal and
industrial water supply aqueducts that cross the Delta and which are vulnerable
to flood damage."
EBMUD partnered with Delta reclamation districts to propose
a Delta Levees Special Flood Control Project that would protect the District's
Mokelumne Aqueducts, Kinder Morgan petroleum pipeline, Burlington Northern
Santa Fe raid line, and other Delta infrastructure, including State Highway 4.
The FloodSAFE Environmental Stewardship and Statewide
Resources Office (FESSRO), Delta Levees Special Projects Branch, recommended
moving ahead with the project.
FESSRO noted that if the DSC didn't approve the project, the
legislative mandate would not be met; the funds (which had to be reserved by
June 30) would revert; the opportunity to provide jobs in an economically
depressed region would be lost; and water supply and reliability for the East
Bay would remain at its current level of risk.
There were so many good reasons to move ahead with this,
including the fact that "Recent court decisions have made it clear that the
state and other public entities may be held liable for the consequences of
failing to maintain a flood management system or for failing to mitigate a
known danger."
But DSC staff told the Council that indemnifications for the
project weren't adequate and that more CEQA work was needed. And Patrick Johnston wondered why EDMUD and
the counties weren't paying for this themselves.
Well, you see, there was this legislation. . . . . But never mind that. The DSC apparently has other plans for this
money.
Correction: DSC Director Joe Grindstaff did NOT say the
BDCP had "gone rogue," as Restore the
Delta reported last month. He did say
that some believed they had "gone rogue," but he said that he thought that was
wrong and explained why.
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We're dancing as fast as we
can
As Delta farmers struggle to file water use reports by July
2 to comply with last year's legislation changing reporting requirements, the
Senate will be voting this week on SB 565 (Pavley). This bill would establish several new penalty and investigative powers
at the State Water Resources Control Board dealing with water rights, while
reducing or eliminating existing due process and property rights protections
for California water rights holders.
SB 565
Allows the State Water Board to review and
revise any water right without cause, giving this agency new invasive
power to inspect private property for vaguely defined purposes to
ascertain whether the beneficial purposes of water use are being met.
Shifts the burden of proving forfeiture of
a water right to the water right holder - dramatically increasing the
likelihood of a frivolous lawsuit being filed by a third party.
Forces property owners to pay for the extremely
costly engineering reports that will ultimately be used against them by
third party litigants.
Increases exponentially the penalty to
reflect the "market value" of water (regardless of the actual value
of the water to the user)
These provisions were considered for inclusion in last year's SBx7 5 on
water rights enforcement, but were ultimately abandoned for lack of support.
Many Delta farmers believe, and we concur, that these new authorities
will be used to litigate Delta farmers out of existence. By keeping Delta farmers in a position of
defense, those who want to usurp their water rights will keep the financial
pressure on, forcing Delta farmers to "sell" the farm. This is a blatant attempt to rewrite the
California water code to justify taking away the historical water rights held
by Delta families.
What is even more shameful about this proposed
legislation is that it does not help to meet the long term environmental needs
of the Delta, but actually sets the stage for even more water diversions.
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Donate Now
Restore the Delta is working everyday through public education and
citizen activism to ensure the restoration and future sustainability of
the California Delta. Your general contribution can help us sponsor
outreach events, enable us to educate Californians on what makes the
Delta so special, and assist us in building a coalition that will be
recognized by government water agencies as they make water management
decisions.
Restore the Delta is a charitable 501(c)3 organization. Donations are tax deductible.
Click on the button below to go to our secure PayPal account.
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Restore the Delta is a grassroots campaign committed to making the Sacramento-San Joaquin Delta fishable, swimmable, drinkable, and farmable to benefit all of California. Restore the Delta - a coalition of Delta residents, business leaders, civic organizations, community groups, faith-based communities, union locals, farmers, fishermen, and environmentalists - seeks to strengthen the health of the estuary and the well-being of Delta communities. Restore the Delta works to improve water quality so that fisheries and farming can thrive together again in the Sacramento-San Joaquin Delta.
Sincerely,
Barbara Barrigan-Parrilla
Restore the Delta
Email: barbara@restorethedelta.org
Web: http://www.restorethedelta.org
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