[env-trinity] Trinity Journal: Trinity River flow issue settled for this year, but long-term solution still elusive

[Tom Stokely]

http://www.trinityjournal.com/news/environment/article_315f37be-2b0f-11e3-8a94-001a4bcf6878.html 

Trinity River flow issue settled for this year, but long-term solution still elusive
Posted: Wednesday, October 2, 2013 6:15 am
Amy Gittelsohn The Trinity Journal | 0 comments
The high releases of water from Trinity Lake allowed by a federal judge to augment flows for fish in the lower Klamath River have ended, but the issue is far from settled for future dry years.The Trinity River is a tributary to the Klamath, and in several dry years flows have been increased to prevent a fish die-off in the lower Klamath from disease like the one that occurred in 2002.
U.S. District Court Judge Lawrence O’Neill’s decision in late August to lift a restraining order preventing the release of approximately 20,000 acre-feet beyond that regularly scheduled this dry year left several open issues on the table.
The restraining order O’Neill lifted resulted from a lawsuit brought against the U.S. Bureau of Reclamation by Westlands Water District and San Luis & Delta-Mendota Water Authority attempting to prevent the higher release.
Among the issues still unresolved are Humboldt County’s claim to 50,000 acre-feet of water the county says was promised when the 1955 Act to dam Trinity River water and divert it to the Central Valley was approved. The question has still not been resolved by Reclamation.
Also questioned in the lawsuit was the adequacy of the documents prepared by Reclamation for the higher flows under the National Environmental Policy Act.
Work on those documents should be under way now if Reclamation wants to be prepared for a similar situation next year, said Tom Stokely, director of the California Water Impact Network.
Other issues the judge did not decide include whether the Central Valley Project Improvement Act allowed a minimum or maximum flow for the fishery, and the plaintiffs’ claim that Reclamation doesn’t have the right permits to use the water for the lower Klamath.
The plaintiffs also filed an Endangered Species Act claim saying the higher flows would hurt endangered species, but have not followed that up with a lawsuit.
So controversy over increased flows to protect the fall run could erupt again.
“Maybe because they (the water agencies) lost this round maybe it won’t be back but it’s highly unlikely,” Stokely said. “I don’t get the feeling that this is completely laid to rest.”
A call to the Westlands Water District public affairs office seeking comment was not returned.
Actually, both sides declared victory after the judge’s decision – the plaintiffs noting that the amount released was considerably lower than originally proposed.
Reclamation had originally planned release up to 101,000 acre-feet of water beyond that regularly scheduled to protect the fall chinook salmon run. However, given that the higher flow was delayed by the lawsuit and considering hydrologic conditions, the projection was downsized to about 20,000 acre-feet.
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