WEEKLY WATER NEWS DIGEST for August 6-11: Can California salmon survive Trump water plan?; Appeals court rules against Westlands; Water Board under investigation for discrimination; and more …

A wrap-up of posts published on Maven’s Notebook this week …

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This week’s featured articles …

Delta Increasingly Bogged Down with Weeds

Aquatic plants tend to hide in plain sight, overlooked other than the occasional striking flower, or unnerving tendril brushing the leg of a summer swimmer. With a few exceptions—certain anglers, perhaps, or birders—people rarely notice details beyond a mass of green floating on the water. And of course, many species of aquatic plant don’t emerge from the surface at all, spending their lives out of human view.

And yet, the quiet existence of aquatic plants plays an outsized role on the life, and even the physical structure, of the water bodies they occupy—influencing currents, shorelines, and even which other life-forms will thrive in their company. And over the last several decades, a silent but staggering shift has taken place within this plant community, as native water plants have been nearly entirely lost from the Sacramento-San Joaquin Delta. At the same time, total aquatic plant cover of the same area has doubled—with a handful of invasive species covering far more area than a complex suite of native species ever occupied.

Continue reading this article.


SCIENCE FEATURE: Navigating the unknown: Exploring the use of decision making under deep uncertainty approaches

“The Sacramento-San Joaquin Delta is undergoing continual and often rapid change.  This poses challenges in predicting and preparing for the future, as past data and models are no longer sufficient to anticipate future conditions.  This uncertainty cannot be addressed by collecting more data, and decision-making becomes complex when stakeholders have differing views on the consequences of actions.  To effectively manage the Delta, managers need new methods for anticipating the future.

The Delta Independent Science Board is conducting a review of the Decision Making Under Deep Uncertainty, an interdisciplinary approach that provides decision-makers with new tools and processes to make better-informed decisions despite the challenges they face.  The Board is focusing on scenarios as a useful tool within the toolbox.

Click here to continue reading this article.

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In California water news this week …

Can California salmon survive Trump water plan backed by House Republicans in spending bill?

“A Trump administration plan for delivering more water to Central Valley farmers — bottled up in court by opponents for almost four years — could be returned from legal limbo this summer by House Republicans. Environmentalists say the measure could push closer to extinction the salmon, trout and Delta smelt who live in waterways that sustain the state’s agricultural heart. They also contend that the underlying science has advanced since regulators published their plan in 2019. Congressional approval would lock it in for the next seven years. … ” Continue reading at the Sacramento Bee. | Read via Yahoo News.

A lifeline for winter-run chinook salmon

“Near McCloud Bridge, about 15 miles east of Interstate 5 in Northern California, lies one of the former village sites of the Winnemem Wintu. The Tribe still holds coming-of-age ceremonies on the river, which they also call Winnemem.  Backed up by Shasta Dam and reservoir, the river is wide and sluggish, flowing under McCloud Bridge and past the Forest Service campground, which is popular with anglers casting after the river’s famed trout. In late June temperatures rise by mid-morning and warblers sing from the generous canopies of the oaks shading the campsites.  From the bank below one of the campsites, Matt Johnson, senior environmental scientist at the California Department of Fish and Wildlife, points to a spot where he installed two rotary screw traps in the river last summer. The traps — each a large metal cone-and-trap box moored on twin floats — are typically to sample fish populations, but Johnson used them to catch young winter-run Chinook salmon fry who’d been released upstream.  “It was a duct tape and bailing wire emergency operation,” jokes Johnson, who had been brought onto the project just weeks before. “I had to use whatever I had on hand.” … ”  Read more from The Revelator via Maven’s Notebook.

California appeals court rules against Westlands Water District in dispute over its contract with feds

“A California appeals court Monday ruled against a major U.S. agricultural water supplier seeking to secure permanent access to federally controlled water in California.  The order handed down from Associate Justice Rosendo Peña Jr. affirms a 2021 judgment from the Superior Court of Fresno, which dismissed Westlands Water District’s attempt to validate a contract with the U.S. Bureau of Reclamation, primarily due to missing information regarding Westlands’ financial obligations.  The ruling, however, doesn’t necessarily end the contract the district already entered into with the federal government in June 2020.  The contract, facilitated by former Westlands lobbyist and former Interior Secretary David Bernhardt, sought to provide the district with permanent access to over one million acre-feet of water for agricultural purposes under the Water Infrastructure Improvement for the Nation Act — an Obama-era law that provided a chance for water contractors to convert existing water service contracts with the bureau to repayment contracts. … ”  Read more from the Courthouse News Service.

Courts keep ruling against action tied to Westlands’ federal contract but it doesn’t mean much. Why not?

“The Center for Biological Diversity trumpeted a court ruling Monday that denied an appeal by Westlands Water District of a previous ruling that kiboshed the district’s “validation” action to have its contract for federal water converted from a term contract to a permanent one.  “Once again the courts have ruled that these schemes to lock in permanent deliveries of California’s most precious resource are dubious and illegal,” said John Buse, senior counsel at the Center for Biological Diversity, wrote in an email blast to multiple media outlets. “Massive water diversions only benefit corporate agriculture and they put our drinking water and Bay-Delta wildlife at grave risk. The courts are right to stand up to corporate interests.” … ”  Read more from SJV Water.

California water agency under investigation for discriminating against tribes, people of color

“The Biden administration’s environmental justice office is investigating whether California’s water agency has discriminated against Native Americans and other people of color by failing to protect the water quality of San Francisco Bay and the Sacramento-San Joaquin Delta.  The U.S. Environmental Protection Agency’s investigation was triggered by a complaint filed by tribes and environmental justice organizations that says the the water board for over a decade “has failed to uphold its statutory duty” to review and update water quality standards in the Bay-Delta.  “It’s pretty bad when California Indians have to file a complaint with the Federal Government so that the State doesn’t violate our civil rights,” Gary Mulcahy, government liaison for the Winnemem Wintu Tribe, said in a statement. … ”  Read more from Cal Matters via Maven’s Notebook.

Odds of a ‘strong’ El Niño grow again: Will California feel it?

“As the months go on, El Niño grows stronger over the Pacific. On Thursday, national forecasters gave it a larger than 95% chance of lasting through early next year.  “Given recent developments, forecasters are more confident in a ‘strong’ El Niño event,” National Weather Service forecasters said. The odds of a historically strong El Niño are now a 2 in 3 chance.  This El Niño is expected to continue strengthening until it reaches its peak sometime in winter. That’s when the climate pattern can have the biggest effects on weather around the country. … ”  Read more from Fox 5.

Brief update on the progress of the inadequate SGMA subbasins

In making the rounds of public meetings of Inadequate Subbasin Groundwater Sustainability Agencies (GSAs) over the past couple of weeks, I have heard reports about the meetings these Subbasins have had with the State Water Resources Control Board staff recently. The reports indicate that in those meetings State Board staff has been much clearer and more specific about their concerns and expectations. … ”  Continue reading at the Milk Producers Council.

Federal judge denies request for temporary block of water toxicity testing rules in California

“Two associations that represent the interests of wastewater treatment and water reclamation plant operators are unlikely to succeed on their claims challenging the federal government’s approval of California’s new water quality standards, a federal judge in the state ruled Monday.  On May 22, Clean Water SoCal and the Central Valley Clean Water Association — groups with member agencies that own and operate wastewater treatment and water reclamation plants — sued the U.S. Environmental Protection Agency and Tomas Torres, director of EPA’s Region IX, over the approval of California’s new water toxicity provisions. The defendants had granted final approval of the provisions — which are aimed at improving protections for aquatic life and apply to inland surface waters, enclosed bays and estuaries and coastal lagoons — earlier that month. … ”  Read more at the Courthouse News Service.

C-WIN: Even with full reservoirs, San Francisco Bay sturgeon are dying again. Why?

“Sturgeon are dying again in San Francisco Bay, a result of oxygen depletion and toxic “red tide” algae. A similar event occurred last summer, and state officials claim that climate change is the prime mover of both events. But Tom Cannon, one of California’s most experienced fisheries biologists, maintains the real answers are super moon lunar cycles and a water management policy that prioritizes deliveries over environmental health. San Francisco Bay sturgeon need releases from Shasta Reservoir on the Sacramento River to create the cool, clean, brackish conditions in the Bay/Delta estuary essential for their survival.  “It’s ridiculous,” said Cannon, who has consulted extensively for state and federal regulatory agencies. “Unlike 2022, Shasta is now full. The water contractors are getting everything they want and more. Every almond and pomegranate tree in the Central Valley is just sopping with water. There’s enough water for the salmon. Enough for the sturgeon. They’re just not getting it.” … ”  Continue reading this press release from C-WIN.

California regulators seek replacement of tire chemical linked to fish kills

“State regulators are requiring tire manufacturers to seek alternatives to a chemical preservative linked to fish kills in the Pacific Northwest and detected in California waters.  Under the new rule by the California Department of Toxic Substances that takes effect in October, manufacturers will need to evaluate replacements for the preservative known as 6PPD. The preservative is used to prevent tires from cracking and crumbling.  “6PPD plays a crucial role in the safety of tires on California’s roads and, currently, there are no widely available safer alternatives,” department deputy director Karl Palmer said. “For this reason, our framework is ideally suited for identifying alternatives to 6PPD that ensure the continued safety of the tires on California’s roads while protecting California’s fish populations and the communities that rely on them.” … ”  Read more from the Marin Independent Journal.

Newsom signs order to expedite California levee repair ahead of the next wet winter

“In anticipation of potentially record-setting rainfall and snow for the second consecutive winter, California Gov. Gavin Newsom (D) on Friday signed an executive order to prepare for the next wet season.  The order serves to expedite levee repairs and debris removal to help communities that were inundated with precipitation this winter to get ready for what could come, according to the governor’s office.  “The State has experienced over 30 atmospheric rivers since December 2022, resulting in compounding and cumulative impacts across California, including record or near record amounts of snow in the Sierra Nevada,” the order states.  Damaged levees provide weaker protection from high water levels, while debris and vegetation in river channels decrease capacity to move these flows, the governor’s office noted. … ”  Read more from The Hill.

SEE ALSO: Governor Newsom Signs Executive Order to Prepare for the Next Wet Season, press release from the Office of the Governor

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In commentary this week …

This is the water question that California politicians keep refusing to answer

Thomas Birmingham, former general manager of Westlands Water District, writes, “In 1980, Congress enacted Public Law 96-375, authorizing the Secretary of the Interior to study the feasibility of enlarging Shasta Dam. Every study the Bureau of Reclamation has conducted under that authority has concluded that enlarging Shasta Dam would have multiple benefits. Most recently, in 2020, the Bureau of Reclamation concluded that enlarging Shasta Dam 18.5 feet would create an additional 634,000 acre-feet of storage for environmental and consumptive water uses; improve water supply reliability for environmental and consumptive uses; improve water temperatures and quality below the dam for Chinook salmon survival; improve hydro-electric generation; and improve flood control. … ”  Read more from the Sacramento Bee. | Read via Yahoo News.

Editorial: How can EPA care more about minor sewage woes in San Francisco than disaster in San Diego?

The San Diego Union-Tribune writes, “It was awesome to see so many local elected officials finally have their “aha!” moment on the South Bay sewage nightmare in June and complain so loudly and uniformly that the federal government’s response has been woefully inadequate. But any inclination to start handing out kudos should be tempered by a reality that in retrospect seems unfathomable: For years, many of these same leaders essentially accepted broken Tijuana sewage infrastructure constantly fouling our coast from the Mexican border to Coronado. … Future generations will look extremely unkindly on this passivity.  They should also frown on federal regulators’ long indifference.  A legal fight over coastal sewage pollution pitting the U.S. Environmental Protection Agency against the city-county of San Francisco shows why. The EPA has for years been treating a far smaller problem on San Francisco’s Pacific coast with a sense of urgency that’s absent in San Diego. … ”  Read the full editorial at the San Diego Union-Tribune.

Advancing healthy rivers and landscapes in the Sacramento Valley from ridgetop to river mouth: Our priorities for a legislative bond

David Guy and Ivy Brittain write, “As the Legislature reconvenes next week after its summer recess, legislators will be looking to the Governor to signal whether a potential climate/water bond is a priority for 2024—either the March Primary or the November General Election. The Northern California Water Association supports a legislative bond that prepares California for weather whiplash and will improve the ecosystem function in the Sacramento Valley in a way that will provide landscape-scale habitat benefits for fish, bird, and wildlife populations while we preserve, sustain, and promote working agricultural landscapes and our vibrant communities. A functional Sacramento Valley depends on healthy rivers and landscapes from ridgetop to river mouth. Our collective goal is to bring our natural and working landscapes in this region to life through the careful interaction of water, sun, and land. A legislative bond is a very attractive way to fund this broad portfolio of actions and bonds generally serve an important unifying function throughout the water community. … ”  Read more from the Northern California Water Association.

Well, Sacramento is at it again.

Farmer, writer and educator, Paul Betancourt writes, “This time they are going after pre-1914 water rights. Now, some of you are asking, “what are pre-1914 water rights? Sounds kind of geeky.” Fair enough.  But, if you know about water in California, a threat to pre-1914 water rights mean fightin’ words.  Pre-1914 water rights are just what they sound like. These are rights that are over 100 years old. They deal with appropriative water rights on non-riparian land. The old rule in water is “first in time, first in right.” These pre-1914 water rights are some of the oldest and most protected water rights in California. They have priority over rights developed after.  There is a long and complicated web of water law and rules in California. … ” Read more from The Business Journal.

Despite big rains this winter, Southern California must remain sensible on water use

James Murtland, board president of Rincon del Diablo Municipal Water District, writes, “A reflection on the very rainy past seasons may leave San Diego County residents optimistic about the water outlook for this summer. After all, we had record rainfall levels in the southern half of California and snow falling as low as 1,500 feet, generating a snowpack of 172 percent of normal. It’s very easy to think a 2023 drought has been averted.  Unfortunately, headlines don’t always convey the full story. Despite the significant rain and snow that fell locally and in the northern Sierra Mountains, Southern California must continue to be judicious about continued water conservation and permanent water use efficiency. … ” Read more from the San Diego Union-Tribune.

“Forever chemicals” are in our bodies and drinking water. We must stop using them

Assemblyman Phil Ting and Andria Ventur, legislative and policy director for Clean Water Action California, write, “Have you gotten food in a to-go container? Worn waterproof outdoor gear? Sat on a sofa made with stain-resistant fabric? Then you’ve likely been exposed to per- and polyfluoroalkyl substances, harmful substances commonly referred to as PFAS. Another popular name for PFAS is “forever chemicals” because, according to Harvard, “they don’t break down in the environment or in our bodies.” With so many of these chemicals in our everyday lives, PFAS have been leaching into our drinking water. Finally, though, there’s something being done about this. For the first time in more than a quarter century, the federal government is proposing strong, enforceable drinking water standards for previously unregulated chemicals. … ”  Read more from the Sacramento Bee.

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In regional water news this week …

Sonoma, Mendocino county water managers propose pathway for continued Eel River diversions

Van Arsdale Dam Credit: John Heil/USFWS

“Water managers in Sonoma and Mendocino counties have submitted a conceptual proposal to PG&E to buy and maintain portions of the utility’s defunct Potter Valley power plant to enable future water transfers.  The move would be a critical step toward preserving seasonal diversions of Eel River water to supplement supplies in Lake Mendocino and the Russian River.  Working with the Mendocino County Inland Water and Power Commission and the Round Valley Indian Tribes, the Sonoma County Water Agency is seeking to preserve elements of the power plant through which water is channeled from the Eel River to the East Fork Russian River. No electricity would be generated as a part of the plan. … ”  Read more from the Santa Rosa Press Democrat (gift article).

Multiple groups wary of new Potter Valley Project plan

“A plan was submitted to Pacific Gas and Electric Co. that would maintain diversions from the Eel River to the Russian River amid a dam removal process in the Potter Valley. The plan was submitted by three of the five groups who previously formed a partnership to balance water diversions with fish interests.  Some groups that advocate for fish conservation say the plan could create further delays in the dam removal process which they say could jeopardize steelhead and salmon populations in the Eel River, permanently. Friends of the Eel River, the Pacific Coast Federation of Fishermen’s Associations and the Institute for Fisheries Resources said in a press release the plan risks the extinction of Humboldt County fisheries, which have been hit hard in past years. … ”  Read more from the Eureka Times-Standard.

Reviving a famously polluted California lake

A blue-green algae (cyanobacteria) bloom at Clear Lake, Lake County, California, resulted in oxygen depletion in the water and the subsequent mortality of multiple aquatic species, including carp, catfish, bluegill and crappie. Photo by CA Department of Fish & Wildlife

“Jesus Campanero Jr. was a teenager when he noticed there was something in the water. He once found a rash all over his body after a swim in nearby Clear Lake, the largest freshwater lake in California. During summertime, an unbearable smell would waft through the air.  Then, in 2017, came the headlines, after hundreds of fish washed up dead on the shore. “That’s when it really started to click in my head that there’s a real issue here,” says Campanero, now a tribal council member for the Robinson Rancheria Band of Pomo Indians of California, whose ancestors have called the lake home for thousands of years.  The culprit? Harmful algal blooms (HABs). Often marked by unsightly layers of blue-green scum, these blooms happen when certain algae or microbes called cyanobacteria grow out of control, fueled by warm temperatures and phosphorus- and nitrogen-rich pollution. … ”  Read more from Knowable Magazine @Maven’s Notebook.

Lake Tahoe Summit: Feinstein’s absence and the looming expiration of a law

“The 27th annual Lake Tahoe Summit was missing one of the area’s biggest cheerleaders on Wednesday: Sen. Dianne Feinstein.  The annual event convenes California and Nevada leaders from both political parties to discuss various efforts to protect Lake Tahoe.  Feinstein, who helped launch the yearly event in 1997, did not attend the summit for the second year in a row. Feinstein, who has been struggling with health-related issues and has faced calls to resign, had been released from the hospital after a fall hours before the start of the event Wednesday. … ”  Continue reading at KCRA.

The City of Monterey is entertaining a plan to import water. It’s not without its critics.

“One thing that’s not in dispute is that the City of Monterey needs water. What is in question is where that water comes from. On Aug. 1, the Monterey City Council discussed the possibility of teaming up with the Marina Coast Water District for an agreement that would potentially deliver whatever water the city needs to make proposed housing developments a reality (like on Garden Road, for example, wherein office buildings near the airport would be converted to apartments).  But like all things water-related, it’s not that straightforward.  The backstory is that the Monterey Peninsula’s water utility – California American Water, which is privately owned – ran afoul of state regulators for over-pumping the Carmel River, leading the State Water Resources Control Board to issue a cease-and-desist order for that over-pumping in 2009. (The Cal Am service area has an annual demand of about 10,000 acre-feet.) … ”  Read more from Monterey Weekly.

Friant repairs on schedule, canal lining begins

“Friant Water Authority chief executive officer Jason Phillips stated the current Friant-Kern Canal repair project “remains on schedule.”  In addition Phillips stated work on the new realigned canal in the area as part of the repairs has begun. Phillips presented his monthly update on the project in the July newsletter from FWA, which oversees the Friant-Kern Canal.  Despite the severe damage to the repair project that was caused by the flooding in March, Phillips said the project is on schedule.  “You’ve heard about historic flooding in the region and how it has impacted the equipment, workload and the schedule of this project,” Phillips stated. “It has been challenging and frustrating sometimes but thanks to our project partners and a strong commitment from the FWA Board of Directors, the project remains on schedule.” … ”  Read more from the Porterville Recorder.

Valley water advocates, residents blast Tulare County drought plan

“At their Tuesday meeting, the Tulare County Supervisors unanimously approved the county’s drought and water shortage risk analysis and response plan amid concerns that the plan falls short in facilitating water system consolidations for rural residents in communities where wells are already running dry.  The plan was developed to satisfy the requirements of Senate Bill 552, which aims to ensure drinking water for all residents during drought periods and water shortages.  To meet state requirements, the plan has to include consolidation of existing water systems and domestic wells, establishment of drinking water mitigation programs and creation of emergency and interim drinking water supplies when wells run out. … ”  Read more from Fresnoland.

Avian botulism detected in waterfowl and shorebirds at Tulare Lake

“The California Department of Fish and Wildlife (CDFW) has launched aerial, ground and water surveys of Tulare Lake as part of a coordinated response to monitor and manage avian botulism occurrences due to stagnant and warming water conditions.  Tulare Lake, once the largest freshwater lake west of the Mississippi River, reemerged from the pastures and agricultural fields in the southern San Joaquin Valley this year as a result of California’s extraordinarily wet winter and spring, attracting water birds of all sorts. The lake is expected to attract millions of waterfowl, shorebirds and other bird species as fall migrations get underway in earnest. … ”  Read more from the Department of Fish and Wildlife.

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Announcements, notices, and funding opportunities …

OPPORTUNITY TO COMMENT on Possible Board Direction Regarding Establishing Minimum Instream Flows for the Scott and Shasta Rivers

NOTICE of Availability of Draft Final Initial Biological Goals for Lower San Joaquin River Flow Objectives and Consideration of Approval by the Board

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