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Powerful California State Senators Ask Schwarzenegger to Hold Off on Canal Plans

Dan-Bacher.jpg
By Dan Bacher

The three State Senators who have led Democratic negotiations with Republicans over a potential new water bond sent Governor Arnold Schwarzenegger, "The Fish Terminator," a strongly worded letter today urging him to hold off on planning for a peripheral canal. Since the Governor proclaimed his support for a peripheral canal last June, he's been doing everything he can to push through this environmentally destructive pork barrel fiasco to benefit subsidized corporate agribusiness and developers at the expense of fish, the environment and the northern California economy.

"It was reported to us that last Friday, a resources agency official stated in a public meeting on the Bay Delta Conservation Plan that the administration is preparing an executive order directing to begin environmental and engineering documents for a canal facility despite the fact that the budget request has not been acted upon and the request contends that no staff currently are available for that purpose," said the letter, signed by Senators Don Perata, Mike Machado and Darrell Steinberg.

The administrations pursuit of the controversial project makes it difficult to negotiate seriously on a comprehensive new plan to meet California’s future water needs, according to the letter.

The letter also referred to the irony of the Schwarzenegger inviting Senator Dianne Feinstein to meet with Legislators last week when the Governor was taking action on his own to build a canal. "We are vexed that only last week, you invited Senator Dianne Feinstein to meet with us to help forge a comprehensive agreement on a water bond for the November 2008 ballot," the Senators said.

The Schwarzenegger administration won't confirm or deny the accusation that it is planning to issue an executive order to begin preparing the environmental and engineering documents for a canal facility. Bill Maile, the Governor's spokesman, would only say that "there is no executive order" and would not comment on whether any executive order regarding the canal is planned for the future.

Schwarzenegger, who has received accolades from the mainstream media for being a "green governor" for his grandstanding at the U.N. about global warming, is undoubtedly the worst governor for fish and the environment in California history. When is the media going to acknowledge that there is really nothing "green" about Schwarzenegger other than the color of the money behind his corporate buddies who are backing the construction of the canal and Temperance Flat and Sites Dams?

In recent correspondence with the Chair of the Assembly Water, Parks, and Wildlife Committee, the California Department of Water Resources opined that, without any further legislative action, it had broad authority and discretion to construct facilities like the Peripheral Canal under current law [Letter to Assembly Member Wolk-November 21, 2007-page 1, Paragraph 2].

The Governor, by trying to undermine the Delta Vision process and negotiations with the Legislature over a water bond by taking independent and dictatorial actions to build the canal, has reached a new low in an administration already known for its repeated sabotage of efforts to restore imperiled delta smelt, longfin smelt, spring run chinook salmon, winter run chinook salmon and other fish populations.

Since 2005, a team of state and federal scientists has documented an unprecedented decline of four species of Delta pelagic (open water) fish - delta smelt, longfin smelt, juvenile striped bass and threadfin shad. The scientists have pinpointed massive increases in Delta water exports in recent years, followed by invasive species and toxics, as the major factor behind the Pelagic Organism Decline (POD). But rather than reducing exports, the Department of Water Resources has actually exported record amounts of water from the California Delta to subsidized agribusiness and southern California.

It is very clear from the latest moves by the Governor that he sees the California Delta, the largest and most significant estuary on the West Coast, as only a water supply that happens to have an ecosystem, rather than as ecosystem that happens to serve as a water supply. To pursue the canal at a time when Delta fish populations, as well as Central Valley salmon populations, are in collapse shows Schwarzenegger's absolute contempt for California's fisheries, the Delta ecosystem, Delta residents, recreational fishermen, commercial fishermen and California Indian Tribes. I urge everybody concerned about the Delta to actively oppose the Governor's efforts to build a peripheral canal - and I am very glad that Perata, Machado and Steinberg sent this letter to Schwarzenegger blasting his latest machinations.

The letter is signed by Senate President pro Tem Don Perata (D-Oakland); Senator Michael Machado (D- Linden), Chair of the Natural Resources and Water Subcommittee on Delta Resources; and Senator Darrell Steinberg (D-Sacramento), Chair of the Natural Resources and Water Committee.

The full text of the letter follows:

February 27, 2008

Governor Arnold Schwarzenegger
State Capitol First Floor
Sacramento, CA 95814

Dear Governor:

We are shocked to learn that your administration has acted unilaterally to begin work on an alternative delta conveyance system, i.e. The Peripheral Canal.

Specifically:

1. In recent correspondence with the Chair of the Assembly Water, Parks, and Wildlife Committee, your water department opined that, without any further legislative action, it had broad authority and discretion to construct facilities like the Peripheral Canal under current law [Letter to Assembly Member Wolk-November 21, 2007-page 1, Paragraph 2]

2. Your proposed 2008 budget seeks eight permanent positions to produce engineering and environmental documents for the construction of an Alternative Delta Conveyance System (i.e. peripheral canal) funded through revenues in the State Water Project. Among other things, the budget request states that the state needs to act quickly to construct new water conveyance and that Department of Water Resources should be the sole agency overseeing the construction of the canal. [Budget Change Proposal #10, Element 20--Department of Water ResourcesJuly 31, 2007]

3. It was reported to us that last Friday, a resources agency official stated in a public meeting on the Bay Delta Conservation Plan that the administration is preparing an executive order directing to begin environmental and engineering documents for a canal facility despite the fact that the budget request has not been acted upon and the request contends that no staff currently are available for that purpose.

We are vexed that only last week, you invited Senator Diane Feinstein to meet with us to help forge a comprehensive agreement on a water bond for the November 2008 ballot.

At that time, you repeatedly stressed the singular importance of reaching a balanced, statewide consensus on water policy that meets the needs of the entire state, and not acting in a manner that addresses some concerns while ignoring others.

You appointed a Blue Ribbon Task Force to review the state of the Sacramento San Joaquin Delta and make recommendations to fix the fragile delta. The task force emphasized the need to integrate actions to save the delta into a single, comprehensive plan.

Launching a peripheral canal without addressing ecosystem, water quality, structure and governance simply enflames old sectional passions and suspicions. And, it moves us in the exact opposite direction from a comprehensive water policy.

Frankly, we find it difficult to negotiate seriously with D.W.R. and other interests in view of this.

We urge you to withdraw the executive actions cited above and to direct your agency to work with all parties of interest to ensure Californias water policy truly reflects the needs of the entire state.

Sincerely,

DON PERATA MIKE MACHADO DARRELL STEINBERG

Dan Bacher is an editor of The Fish Sniffer , described as "The #1 Newspaper in the World Dedicated Entirely to Fishermen"

Posted on February 27, 2008

Comments

California residents should also send their own messages to our Governor expressing their opposition to his Peripheral Canal plans.
http://gov.ca.gov/interact
My message to the Governor is also posted on my blog at:
http://brt-insights.blogspot.com

Posted by: brthomas6 at February 28, 2008 06:15 PM

Here is the Governor's response to the letter Senators Perata, Steinberg and Machado sent on Wednesday:

GAAS:112:08
For Immediate Release:
Contact: Aaron McLear, Bill Maile
Friday, February 29, 2008 916-445-4571

Gov. Schwarzenegger Outlines Comprehensive Actions Needed to Fix Ailing Delta
Governor Schwarzenegger sent the following letter to Senators Perata, Steinberg, and Machado in response to their unfounded concerns that his administration is “unilaterally” beginning work on a so-called "peripheral canal." Consistent with the extensive work done by his administration over the last two years to gain consensus on a bipartisan legislative solution for a comprehensive plan to upgrade California’s water infrastructure, Governor Schwarzenegger detailed his agenda in the following letter:


February 28, 2008



The Honorable Don Perata The Honorable Darrell Steinberg
President pro Tempore California State Senate
California State Senate State Capitol
State Capitol Room 4035
Room 205 Sacramento, California 95814
Sacramento, California 95814

The Honorable Mike Machado
California State Senate
State Capitol
Room 5066
Sacramento, California 95814

Dear Don, Mike and Darrell,

My administration has been working on solutions for addressing California’s water supply and the environmental crisis in the Sacramento-San Joaquin Delta for more than two years. As you all have acknowledged during our negotiations on a comprehensive water infrastructure package over the last year, the heart of California’s vital water supply system is in jeopardy of collapse without both immediate action and long term solutions to restore the ecosystem and protect water supplies.

I created the bipartisan Delta Vision Blue Ribbon Task Force by administrative action in 2006. The Task Force has issued its Vision and will develop a Strategic Plan to implement the Vision by the end of this year. In its recommendations, the Task Force identified a series of near-term actions that should be taken to protect the estuary, including studying the options for improving water transfer in the Delta. Far from acting unilaterally, my administration has been transparent in working with stakeholders and legislators on identifying both administrative and legislative actions that will be necessary to address the recommendations of the Task Force. As part of that effort, I will continue to negotiate in good faith with legislators on a comprehensive water infrastructure package.

To clarify the administrative actions we are considering as part of a comprehensive solution in the Delta, let me outline some of the key elements under development:


1. A plan to achieve a 20 percent reduction in per capita water use statewide by 2020. Conservation is one of the key ways to provide water for Californians and protect and improve the Delta ecosystem. A number of efforts are already underway to expand conservation programs, but I plan to direct state agencies to develop this more aggressive plan and implement it to the extent permitted by current law. I would welcome legislation to incorporate this goal into statute.

2. Protection of floodplain in the Delta. The Department of Water Resources (DWR) and other appropriate state agencies will expedite the evaluation and protection of critical floodplains. This action protects people and property, the existing water export system and the Delta ecosystem.

· Policy guidance on Delta land use. The Blue Ribbon Task Force made it clear that changing land use patterns may limit our ability to address critical issues with the existing water export system and the Delta ecosystem. Accordingly, I will ask the Delta Protection Commission to update their Land Use and Resource Management Plan and direct the Governor’s Office of Planning & Research and the State Architect to develop model Delta land use guidelines for distribution to local governments.

· Levee protection and standards. DWR is actively involved in efforts to improve our flood protection and levee systems and, as part of this effort, should establish recommended standards for Delta levees.

3. Multi-agency Delta disaster planning. DWR, in coordination with the Office of Emergency Services, and other appropriate state agencies will develop and implement an emergency response plan and conduct a multi-agency disaster planning exercise in the Delta.

· Contract for emergency response equipment and services. I will authorize DWR to continue its efforts to obtain equipment and services including barge services, sheet piling and other flood fighting materials to respond to disasters in the Delta. In addition to my previous orders, we must expedite the placement of materials and supplies in and near the Delta, to improve our emergency response capabilities.


4. Expedite interim Delta actions. The Resources Agency, DWR, Department of Fish and Game and the State Water Resources Control Board have already begun efforts to help protect and restore Delta habitat and help water users cope with supply interruptions.

I will direct the Resources Agency to expedite the completion of the Bay Delta Conservation Plan (BDCP), including the environmental review and permitting activities. Ongoing Delta actions, in conjunction with these efforts, will provide a foundation to help conserve at-risk species and improve water supply reliability.

5. Water quality. While additional storage and improved conveyance can allow greater control of water flows that improve drinking water quality, more must be done. I will direct the State Water Resources Control Board to develop and implement a comprehensive program in the Delta to protect water quality.

6. Improvements to Delta water conveyance. DWR and other appropriate state agencies will soon begin the public process to study the alternatives available for improving the Delta water conveyance system. As part of this study, DWR must coordinate with BDCP efforts to recover at-risk species. DWR must also incorporate the issues of water supply reliability; seismic and flood durability; ecosystem health and resilience; water quality; and projected schedule, cost and funding in their options review, as suggested by the Task Force.

The Task Force recommended that we study a “dual conveyance facility” as a starting point. However I believe we must look at a full range of options for improving conveyance in the Delta.

Accordingly, I intend to direct DWR to proceed with the NEPA/CEQA analysis on at least four alternatives for Delta conveyance. They shall consider the following:

· The possibility of no new Delta conveyance facility;
· The possibility of a dual conveyance facility, as suggested by the Task Force;
· The possibility of an isolated facility;
· The possibility of substantial improvements and protections of the existing water export system, most often referred to as ‘armoring the Delta’ or a “through-Delta” solution.


7. Water storage. DWR will complete the feasibility studies for the CALFED storage projects including Temperance Flat, Sites Reservoir, and the Los Vaqueros expansion. Each of these projects, depending on how they are built and operated, can provide substantial public benefits. Unlike in the past, when local entities built storage facilities for their own benefit and with little state investment, the current deteriorating
condition of the Delta and the statewide water system demand public investment in exchange for the public benefit the entire state will realize.

In addition, I will direct DWR to expedite funding for groundwater storage projects throughout the state that will improve water supply reliability.

Please know that I will continue to work with the Legislature and all stakeholders to develop a comprehensive solution to the crisis in the Delta, and I will act on administrative measures in a transparent manner at the appropriate time.

California's history is filled with innovators and problem solvers. In 2006, with Democrats and Republicans working together for a common cause, we added to that legacy by building up our infrastructure. We showed leadership, not for the benefit of our own ambitions, but for the future of the state. That's something that Californians weren't used to, and they responded forcefully, approving all of the bonds. It's time for us to put the state first and add another chapter to the history books. It's time to secure a safe, clean and reliable water supply for the next generation of Californians. We have a great opportunity, and the people are counting on us. Let's not let it pass.

Sincerely,



Arnold Schwarzenegger

###

Posted by: Dan Bacher at February 29, 2008 05:06 PM

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