Media Release 6-26-01 - Date For Publication: Immediate
CONSERVATION GROUPS SUE TO SAVE YUBA
RIVER SALMON AND STEELHEAD
State Water Board Leaves No Option But The Courts
Sacramento - Fishery conservation organizations have
joined with
environmental groups filing suit in California State Superior
Court in a
last-ditch effort to save of one California's most valuable fisheries.
The
California Sportfishing Protection Alliance (CSPA) and Trout Unlimited
have
joined with the South Yuba River Citizens League, Friends of the
River, and
The Bay Institute in litigation against the California State Water
Resources
Control Board (SWRCB) charging that the Board's recently water
rights
decision on water allocations in the Yuba River would irreversibly
damage the
river's endangered salmon and steelhead populations.
The Yuba River is a major tributary to the Feather River that
drains the
western slope of the Sierra Nevada Range. The lower river supports
one of the
Central Valley's only remaining self-sustaining steelhead trout
populations,
as well as one of its last natural producing Spring-run salmon
populations.
Both stocks are listed as threatened under the federal Endangered
Species
Act. The lower Yuba is also an extremely popular fishing destination
for
these species as well as its vibrant rainbow trout population
and American
shad fisheries, hosting thousands of anglers every year.
The litigation focuses on the SWRCB's decision to dramatically
reduced river
flows in the Yuba far below the flow levels recommended by the
California
Dept. of Fish and Game, the National Marine Fishery Service, the
US Fish and
Wildlife Service and CSPA. The SWRCB governs water diversions
for
out-of-stream use and makes allocation decisions regarding rights
to use the
public's waters. In the Yuba's case, its waters are used for agricultural
irrigation, fishery resources, out-of-basin water transfers and
extremely
limited hydroelectric production.
"In more than twenty years of working with Water Board,
this is the worst
decision for the public's fishery resources that I have witnessed,"
said
Jerry Mensch, a member of CSPA's Board of Directors. "By
deferring any
increase in flows required to meet the needs of the Lower Yuba
fisheries,
Water Board has reneged on it's responsibilities to the public's
fishery
resources," Mensch stated. "All of the state and federal
fishery agencies and
our organizations appealed to the Board to reconsider their decision
since it
is essential to protect these fisheries, but they turned a deaf
ear even
though there is plenty of Yuba water to meet the needs of all
uses!"
The SWRCB's decision ,Äì which dictates instream
water levels that were
actually adjusted downward from a previous draft decision ,Äì
allows for Yuba
flows as low as 100 cubic feet per second (cfs) over the next
five years.
Flows that low would likely result in major fish kills, dry spawning
grounds,
fatally high water temperatures and countless other harmful conditions
for
trout and salmon. The fishery agencies recommended "minimum"
flows more than
FOUR TIMES GREATER than that level for the same time period, according
to
Mensch.
"We understand the critical need for every drop of water
in the state -
especially in the face of a dry year - and the need for balance
among the
interests competing for it," said Chuck Bonham, California
hydropower
coordinator for Trout Unlimited. "We're accustomed to seeing
the state's
fisheries shoulder more than their share of the load, and we're
accustomed to
working with that. But a decision to effectively dry up the Yuba
,Äì along with
its wild fish - goes well beyond the pale in terms of acceptable
sacrifice.
We can't allow these fish to disappear on a whim."
According to Mensch "It has been more than twelve years
since we filed our
complaint for the Board to reach a final decision, and when it
did it failed
to sufficiently consider the scientific data provided during their
evidentiary hearings that documented the need for higher flows
for fishery
protection." Mensch noted. "Sadly, the Yuba's fishery
and the state's anglers
have no option left but the courts."
California Sportfishing Protection Alliance
1248 East Oak Street / Woodland / CA / 95695 / 530 - 661 - 0997
Contacts:
Jerry Mensch, California Sportfishing Protection Alliance:
916-363-4021
John Beuttler, CSPA, 510-526-4049
Chuck Bonham, TU California: 510-528-4164