California: New bill introduced to protect the Delta from the Peripheral Canal

Watch out for sneak attacks

Dante Nomellini, a Stockton attorney and veteran of the battle against the peripheral canal in the previous Brown administration, hasn’t reviewed the specific language of the current legislation, although he is familiar with the language of the original SB 200. He did emphasize that any protections can be overridden once the peripheral canal/tunnel is in place.

“All of these protections can be circumvented through the use of emergency powers both at the state and federal level,” said Nomellini. “An isolated conveyance system, once in place, will take the water and destroy the Bay Delta ecosystem.”

He also noted that the House of Representatives has passed a Continuing Resolution Bill that has stripped funding to protect Central Valley salmon under the Endangered Species Act (ESA). This legislation would prevent the National Marine Fisheries Service from enforcing the biological opinions that protect the Central Valley salmon and steelhead from extinction, letting Delta export pumping go back to maximum levels.

“We think the intentions of the Senator and Assemblyman in sponsoring the legislation are good,” commented Barbara Barrigan-Parrilla, campaign director of Restore the Delta. “We look forward to Delta leaders working with them to strengthen the bill.”

Barrigan-Parrilla added that Delta advocates need to work for the passage of an amendment to the State Constitution that protects flows in rivers and recognizes that water is a public trust resource.

Senate Bill 200 has been introduced at a time when the Delta ecosystem is in its biggest crisis ever. Central Valley salmon and Delta pelagic fish populations have collapsed to record low levels, due to increased water exports and declining water quality in recent years. Fishermen, members of Indian Tribes, environmentalists, family farmers and Delta residents fear that the construction of a peripheral canal/tunnel would lead to the extinction of Central Valley steelhead, Sacramento River chinook salmon, Delta smelt, longfin smelt, Sacramento splittail, southern green sturgeon, southern resident killer whales and other species.

The Brown administration, like the Schwarzegger administration that preceded it, supports the construction of a peripheral canal/tunnel. The Obama administration has also officially endorsed the peripheral canal, being the first federal administration to do so. Even the G.W. Bush administration didn’t endorse the canal’s construction.

Wolk said she will also be introducing legislation this session intended to reduce reliance on water from the Delta, as well as another bill to reform water financing in California to make it “more efficient, transparent, and effective.”

For more information about SB 200, call Craig Reynolds, Senator Wolk’s Office, 916-651-4005