[env-trinity] Op-Ed, Michael Palmer- Lack of accountability, inclusiveness in restoration

Fri Sep 15 16:17:28 PDT 2023

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Lack of accountability, inclusiveness in restoration

   - By Michael Palmer, PE, PMP Redding
   - Sep 13, 2023
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In this year’s April 12 and April 26 editions of the Trinity Journal, I
authored guest columns that presented my opinion and supporting data
showing the Trinity River Restoration Program has failed to achieve its
goal to return anadromous fish populations in the Trinity River to pre-dam
levels. At that time, I wrote that I would share my thoughts on what an
effective restoration program may look like in a future column.

As a first step in that effort, I sent the letter below to the Secretary,
United States Department of the Interior and Commissioner, United States
Bureau of Reclamation highlighting some of the glaring issues with the
current management of the program. I believe addressing the issues raised
in my letter are a starting point that would go a long way to addressing
the overall program deficiencies.

If you agree with the message in the letter below, I encourage you to reach
out to your United States Congressman and share your support.  He can be
reached at:

Hon. Jared Huffman,

2nd Congressional District

317 Third St., Suite 1

Eureka, CA 95501

(707) 407-3585

https://huffman.house.gov/contact/email-me

Hon. Deb Haaland

Secretary

Department of the Interior

1849 C Street NW

Washington DC, 20240

Hon. Camille Calimlim Touton

Commissioner

United States Bureau of Reclamation

1849 C Street NW

Washington DC, 20240

Re:  Lack of Inclusiveness, Accountability and Oversight - Trinity River
Restoration

The United States Bureau of Reclamation has failed in its obligation to
restore the fishery in the Trinity River. They have violated the conditions
of State (California) Water Resources Control Board orders. And lastly,
they have inappropriately used the National Environmental Protection Act
process to implement programs and policies that have had a detrimental
impact on the vulnerable people and fragile economy of Trinity County.

*Background*

The history of the Trinity River and more specifically the Trinity River
Restoration efforts have been a litany of bad decisions and broken
promises. I’m not sure how aware you are of the current state of the
Trinity River, but recent returns are dismal with salmon and steelhead
returns running between 7.7 and 14.9% of pre-project levels. That’s after
23 years of restoration.

2021-22 Natural-Origin Escapement v. Draft EIS Goals (Best Estimate of
Pre-Dam Populations), see above chart.

*Lack of Accountability and Oversight*

There is inadequate accountability and oversight on the work being
completed and how operations of the CVP impact Trinity River restoration.
As an example, the State (California) Water Resources Control Board Order
WR 90-05 and North Coast Regional Water Quality Control Board Basin Plan
for the North Coast Region set temperature targets at Douglas City for the
period July 1-Sept. 30. For the years 2010-2022, there are 11 years of
temperature data I’ve been able to access (2019 - TRRP Annual Report states
data is not available, but that the equipment failed during the hottest
part of the season and targets may have been exceeded; 2022 - data not yet
available).  Overall, for the period 2010-2021, the temperature targets
were met in only four of the 11 years that data is available (36%).

While an average of 50% of natural flow has been diverted to the Central
Valley over the first 22 years TRRP has been in place, in the Critically
Dry years of 2014, 2018, 2021 and 2022 when river temperatures are
especially critical for the fishery, diversions from the Trinity River to
the CVP were 162%, 68%, 172% and 176%, respectively, of the total river
flow for that year.  To be clearer, in those four Critically Dry years,
578% of the annual flow of the Trinity River was diverted to the CVP. This
led to extremely low storage in Trinity Lake and exceedances of mandated
temperatures in the Trinity River during the critical spawning and holding
seasons for those years, in one case 25% of the time (there is a clear
correlation between Trinity Lake storage, Lewiston Dam releases and
subsequent downstream river temperatures as recognized in several TRRP
Annual Reports).

In addition, during the Trinity River Virtual Town Hall held on May 1,
2023, by U.S. Congressman Jared Huffman, Don Bader, USBR Northern
California Area Manager said that the Trinity River had been used to manage
temperatures in the Sacramento River. This is expressly forbidden in the
SWQCB Order when such diversions are detrimental to the Trinity River
fishery. I think that based on the record of temperature compliance in the
Trinity River, there is a good chance it was detrimental. The link to the
recording of this meeting with Mr. Bader’s comments can be found here:
www.youtube.com/watch?v=

ezXiiG-5_7Q.

Per Water Resources Order 90-05, if temperature compliance is exceeded in
the Trinity River USBR is required to immediately file with the Chief of
the Division of Water Rights a report “containing project operational data
sufficient to demonstrate that the exceedance was not due to modifications
of Trinity River operations for water temperature control on the Sacramento
River.”

According to North Coast Regional Water Quality Control Board, this never
happened. No report was submitted by USBR in any of the years where
exceedances occurred, a clear violation of the Order 90-05.  And just as
worrisome, no follow-up was initiated by the State (California) Water
Resources Control Board over this period to request the required
documentation.

Undeniably USBR failed to report temperature exceedances in the Trinity
River for seven of the past 11 years. It is possible those exceedances were
due to diversion to the Sacramento River for temperature control, both
clear violations of WRO 90-05.  At this time SWRCB is considering
enforcement action against the TRRP for this violation.

*Lack of Inclusion in the Process*

The Trinity River Mainstem Fishery Restoration Record of Decision and Final
EIS/EIR (ROD), approved in 2000, was intended as a roadmap to restore the
anadromous fishery in the Trinity River. The ROD represented the
culmination of over two decades of efforts aimed at understanding the
necessary instream flow and physical habitat restoration requirements in
order to restore the Trinity River anadromous fishery.  As of now, this
document is nearly a quarter of a century old.

Yet this document is still being used to make dramatic changes today. The
continued use of the ROD assumes that issues such as environmental justice
and economic impact are unchanged from the late 20th century.

A dramatic change to the spring/summer flow regime in the Trinity River was
enacted in 2023. The modified flow regime essentially wiped out the Trinity
River spring fishing season that had been a staple of the local economy for
almost two decades. Industries that rely on the economic benefit from this
activity were severely impacted. Trinity County is an economically
distressed area with 23% of the population living below the Federal Poverty
level, twice that of the state overall. (The Trinity Journal, “Trinity
Takes Top Spots in Poor Health Metrics,” Aug. 2, 2023)

Trent Tuthill, Trinity County Administrative Officer, estimates that the
impact from the 2023 Trinity River modified flow regime negatively impacted
local economic activity by over $2 million.

I understand that as part of the ROD the Trinity Management Council was
established to provide oversight and input to the restoration efforts,
including flow regimes. Trinity County has a seat on the TMC and did vote
in support of the 2023 modified flow regime, but the impact of that
decision was not fully understood in advance. Regardless, the TMC vote is
symbolic. Michael Dixon, director of the Trinity River Restoration Program,
stated at the May 16, 2023, Trinity County Board of Supervisors meeting
that the Department of the Interior views the TMC as an advisory board only
and has the choice to accept or reject their recommendations. Even if
Trinity County and one or more other members of the TMC were to vote
against continuing with the modified flow regime in 2024, the Department of
the Interior can override that vote, significantly diluting Trinity
County’s ability to influence the process.

*Summary*

The Citizens Guide to NEPA published by the Council on Environmental
Quality and the Office of the President states that “NEPA requires Federal
agencies to consider environmental effects that include, among others,
impact to social, cultural and economic resource…”.  The
quarter-century-old ROD provides, at best, cursory analysis of the economic
impact of restoration.

In addition, Executive Order 14096 (Revitalizing Our Nation’s Commitment to
Environmental Justice for All) executed on April 21, 2023, was established
to “ensure that the Nation’s policies and investments respond to the needs
of every community…”. Clearly, the needs of the disadvantaged people of
Trinity County were not considered when making the significant changes
implemented in 2023.

The potential economic impact from the modified flow regime of 2023 should
have triggered an update to NEPA and provided Trinity County the ability to
fully understand how the change would affect its citizens.

Lastly, USBR water management of the Trinity River Watershed has led to
routine exceedances of temperature requirements (a significant contributor
to increased fish mortality and poor fish returns).  The USBR and TRRP are
in violation of California State Water Resources Order 90-05 (WRO 90-05) by
failing to report those exceedances to the appropriate agencies.

It is clear from these examples there is a lack of inclusiveness,
accountability and oversight in the management of the Trinity River
Restoration effort. After 23 years and $300,000,000, the Trinity River
Restoration Program should have yielded greater results. I am asking you to
take a proactive role to ensure compliance with the letter and intent of
NEPA, Executive Order 14096, applicable permits/orders and management of
the most critical resource, water.

I would appreciate your response to this letter and what actions are to be
taken on the issue.

Sincerely,

Michael Palmer, PE, PMP

cc:  Jared Huffman, Congressman, 2nd Congressional District

Trent Tuthill, Trinity County Administrative Officer

Tom Stokely, C-WIN

Ric Leutwyler, Trinity County District 1 Supervisor

Liam Gogan, Trinity County District 3 Supervisor

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