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From: Center for Biological Diversity
Published November 18, 2009 10:25 AM

Lawsuit Imminent Over Water Diversions Killing Salmon and Steelhead

San Francisco— The Center for Biological Diversity, Northern California River Watch, and Coast Action Group today sent notice of intent to sue California's State Water Resources Control Board for authorizing water diversions that harm federally protected salmon and steelhead trout in the Russian River and Gualala River watersheds. The water board is violating the Endangered Species Act by permitting water diversions in Mendocino and Sonoma counties, primarily for vineyards, that adversely affect salmon.


Water diversions and pumping from streams for grape growing are dewatering rivers and creeks where listed species of fish spawn, harming imperiled coho salmon, chinook salmon, and steelhead trout. Dewatering of streams occurs not only in the spring and summer when vineyards use water, but also during winter "frost protection" pumping used to protect budding grapes from frost. When freezing temperatures hit the North Coast, vineyards pumping water for frost protection can dry up the Russian River and its tributaries, stranding and killing young salmon.


"Twelve years after the state water board determined that pumping for frost protection is harmful to salmon and concluded it to be a waste and unreasonable use of water, the board has still failed to take appropriate action on frost irrigation," said Jeff Miller, a conservation advocate with the Center for Biological Diversity. "Further fish kills are unacceptable — coho salmon are near extinction in the Russian River, and chinook salmon and steelhead are not far behind."


In the spring of both 2008 and 2009, there were fish kills due to excessive water diversions in the main stem of the Russian River at Hopland and in Felta Creek, a tributary of the Russian River. There are at least 60,000 acres of vineyards in the Russian River watershed, 70 percent of which are within 300 feet of salmon streams. The Wheatfield Fork of the Gualala River is experiencing dramatic changes from overpumping, and fish habitat and survival are being significantly harmed.


"River Watch is hopeful that this notice will protect the last of the species and ultimately allow the restoration of fish runs," said River Watch member Larry Hanson.


The State Water Resources Control Board permits and authorizes harmful water pumping, diversions, and water storage and continues to issue water appropriation permits in the over-allocated Russian River and Gualala River watersheds, in conflict with public trust values and beneficial uses. In 1997, the water board released a report identifying vineyard practices, particularly frost protection activities, that adversely impact federally listed species of fish struggling to survive in the Russian River basin and its tributaries. The National Marine Fisheries Service requested in the spring of 2009 that the water board pass regulations to protect listed fish species, but the board has continued to allow frost-protection withdrawals and unreasonable and excessive water use to continue in these watersheds, in violation of the Endangered Species Act.


The region's significant fisheries are near extinction: coho salmon on the central California coast are listed as endangered by both the state and federal governments; chinook salmon along the California coast are federally listed as threatened; and steelhead trout on the central California coast and northern California are federally listed as threatened. Coho have been eliminated from more than half of their historical streams in California, and in recent years, only 500 to 1,000 wild coho have returned to the entire central coast region to spawn. California coast chinook salmon have declined 97 to 99 percent from historical runs. Northern California coast steelhead have declined by 90 percent and central California coast steelhead have declined by 80 to 90 percent in the past 50 years.



Contact Info: Jeff Miller, Center for Biological Diversity, (510) 499-9185


Website : Center for Biological Diversity


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