Page 3 - Streamkeeper's Log Summer 2014
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Groundwater Bills
California remains the only state in the union without statewide regulation of groundwater. Lack of regulation creates an unsustainable ‘tragedy of the commons’ use of groundwater, especially during dry years. California’s severe drought and full consequences of increased groundwater pumping – including dry wells, rivers drying up, and land subsidence – have prompted the legislature into action.
AB 1739 (Dickinson) and SB 1168 (Pavely) are two groundwater bills in which CalTrout has been actively involved. The Assembly and Senate bills are similar and are in the process of being reconciled. Groundwater is a wonky topic, but important to fish because it often sustains river flows during drought, not to mention the heavy reliance of agriculture and municipalities on groundwater during dry times. Both bills require local agencies to develop sustainable groundwater management plans and require monitoring and reporting of groundwater levels. Sustainable management includes maintaining groundwater levels at 2015 levels by replenishing groundwater aquifers during wet years for use during dry years.
Other Bills We Actively Support
SB 1319 (Paveley) – Crude Oil Transportation by Rail
Updating Spill Preparation and Response. The Upper Sacramento metam sodium spill in 1991 is still fresh in CalTrout’s mind as derailments continue to happen on the winding canyon of the Upper Sac. Fortunately, derailments have, to date, only resulted in lumber, cement, beer and other relative non-toxics from entering the river. However, the mode of transportation for crude oil into California is expected to shift dramatically, from marine boats to rail, as domestic oil drilling increases. By 2016, 25% of all the crude oil refined by CA is expected to be transported by rail. This bill will provide added protection against spills for railway corridors and improved response training in the event of a spill.
Bills We Supported That Didn’t Make It
Through Legislature
AB 1914 (Chesbro) – Trinity River Water Rights
CalTrout was supportive of AB 1914 which would have required the State Water Resource Control Board to update the Bureau of Reclamation’s Trinity River water right to reflect the federal Record of Decision for flows in the Trinity. To us this only makes sense – state water rights should match federal requirements for temperature objectives, stream flows and minimum cold-water carryover storage. This bill died due to cost concerns by the State Water Board. We will work to address this concern next year and pass this priority legislation.
AB 504 (Chesbro) – Transgenic Salmon
CalTrout was supportive of AB 504 to prohibit transgenic (genetically modified) fish production and stocking in California. Transgenic salmon would directly threaten California wild salmon stocks. This bill died because of intense lobbying pressure from the biomedical industry. We will try again next year.
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ROUGHT LEGISLATION, FISH & FISHING
Implementation of Past Legislation
AB 1961 (Huffman) passed in 2012 and developed the Coho HELP Act through the Department of Fish and Wildlife to expedite restoration projects in the range of coho salmon. In short, the Act makes it easier to implement streambank restoration, fish passage culvert removal and to place large woody debris in coho salmon streams. Passing legislation is one thing, implementing is another. One of the challenges of this Act is getting a new program up and running within DFW. DFW has done a good job in establishing website and permitting processes for Coho HELP projects. However, early wrinkles in pushing projects through the process have caused delays and caused some potential applicants to balk at submitting projects through the Act. Our concern is the Act fades before it has a chance to get going. CalTrout and partners joined a salmon hearing hosted by now Congressman Huffman (who sponsored the original bill while in the CA Assembly) to vet issues with the bill. We are hopeful that continued work with DFW and project proponents will result in more coho projects being implemented more efficiently.
How the Drought is Impacting Fish
It’s a tough year for fish. Many rivers are running at historic lows. In response, fish rescue and cooperative programs have been established. Here are just a couple of examples of how the drought has necessitated creative solutions.
Juveniles trucked in without homing ability
In the Central Valley over 30 million juvenile fall-run Chinook salmon were trucked from hatcheries to the Delta to avoid unfavorable river conditions in an effort to salvage a 2016 commercial fishing season. CalTrout understands the need for this from a commercial fishing perspective, but there is a risk that these returning adults will not have imprinted on the hatcheries and, therefore, will not have the homing ability to return to their hatchery of origin. Instead, these hatchery fish will stray throughout the Central Valley spreading hatchery genes to the small remaining pockets of wild, fall-run Chinook, further compromising their offspring’s genetic fitness.
Drought Response Initiative
In the Scott River, tributary to the Klamath, an exceptional run of over 2,000 adult coho salmon returned in November and December of 2013 and could not reach traditional headwater rearing areas due to lack of water. Instead, they spawned in the valley mainstem where the river goes dry each summer due to historical dredge mining, channel straightening and current water diversions. In response, the Department of Fish and Wildlife and NOAA-Fisheries developed a drought response initiative, in cooperation with Scott River landowners, that exchanges fish rescue and protection cooperation in exchange for best management practices. CalTrout is supportive of such cooperative efforts during these extreme conditions.
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