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Delta Restoration Bill - stripped of mitigation clauses - up for second Senate vote

by Dan Bacher
The California Senate may vote as early as today on an amended version of Assemblywoman Lois Wolk's AB 1806, with the provisions providing for mitigation for damages caused to fisheries by the state and federal projects stripped from it.

The original "Fish Rescue Plans" bill, voted down by the Senate on an 21-18 vote, included provisions providing for the mitigation of the enormous damages caused to fisheries and the ecosystem by the operation of the state and federal export pumps on the California Delta. The Westlands Water District, Metropolitan Water District and other water contractors strongly opposed the mitigation provisions.

Assemblywoman Lois Wolk (D-Davis) introduced the bill at a time when Central Valley salmon populations are in a state of collapse and delta smelt, longfin smelt, threadfin shad and juvenile striped have declined to record low population levels, due to massive increases in water exports from the Sacramento-San Joaquin River Delta in recent years.

We'll update you as to the vote on the amended bill as soon as it takes place. Here's a commentary by Jerry Neuburger, webmaster of the California Sportfishing Protection Alliance, followed by the text of the amended bill.
fishkill-1.jpg
AB 1806, stripped of its mitigation clauses, goes to Senate for second vote.
AB 2175, the water conservation bill to be voted on as well

by Jerry Neuburger

August 20, 2008. -- Two bills of interest to California anglers will come to the floor of the Senate for a vote as early as today. The first, AB 1806, the Delta restoration and mitigation bill, has already been voted on once, and refused by a vote of 18-21. The bill, authored by Lois Wolk, chair of the Assembly Water, Parks and Wildlife Committee and developed and supported by John Beuttler, Conservation Director, CSPA, has been a focus for the fishing community since its initial proposal in late spring.

AB 1806, in its original form would have provided provisions for fish rescue and relocation plans in the case of an emergency and further, would have required full mitigation for the damages done to the delta fisheries by the pumping process.

When the bill was defeated on its first attempt on August 17, Senator Torlakson, Chair of the Senate Appropriations Committee asked the Senate to consider the bill for a re-vote. That motion was approved 39-0. The bill was amended on August 18 and stripped of its mitigation requirements, the sections that were opposed by many of the large and powerful southern California water districts.

While the amended bill could be seen as a compromise by the legislators involved, the principal intent of the bill, that of providing millions of dollars to mitigate for the impacts caused by the state and federal water projects, is a tremendous blow to the bill's advocates.

With the "objectionable" sections removed, AB 1806 is almost assured of passage but it will be a pale horse compared to what it could have meant to the delta's fisheries.

Another bill coming to the floor is AB 2175, the water conservation bill, authored by Assembly Members Laird and Feuer. This bill would require the state to achieve a 20% reduction in urban per capita water use in California by December 31, 2020. The bill would require the state to reduce per capita use by at least 10% on or before December 31, 2015.

Surprisingly, the objections to this bill may come from north state Senators since many of the southern California cities are already adopting water conservation policies of their own. In fact, the largest city in the state deemed to a water waster is Sacramento, the state capital.



BILL NUMBER: AB 1806 AMENDED
BILL TEXT

AMENDED IN SENATE AUGUST 18, 2008
AMENDED IN SENATE JULY 1, 2008
AMENDED IN SENATE JUNE 16, 2008
AMENDED IN ASSEMBLY MAY 23, 2008
AMENDED IN ASSEMBLY APRIL 21, 2008
AMENDED IN ASSEMBLY APRIL 8, 2008

INTRODUCED BY Assembly Member Wolk

JANUARY 16, 2008

LEGISLATIVE COUNSEL'S DIGEST


AB 1806, as amended, Wolk. Fishery
resources: Sacramento-San Joaquin Delta.
(1) Existing law authorizes the Department of Fish and Game to
enter into various agreements with public and private entities for
the protection, conservation, and management of fish and wildlife
resources. The Natural Community Conservation Planning Act authorizes
the department to enter into agreements with any person or public
entity for the purpose of preparing a natural community conservation
plan, to provide comprehensive management and conservation of
multiple wildlife species. The act requires a plan to identify and
provide for those measures necessary to conserve and manage natural
biological diversity within the plan area while allowing compatible
and appropriate economic development, growth, and other human uses.
Other existing law prohibits an entity from substantially diverting
or obstructing the natural flow of, or substantially changing or
using any material from the bed, channel, or bank of, any river,
stream, or lake, or from depositing certain material where it may
pass into any river, stream, or lake designated by the department,
without first notifying the department of that activity, and entering
into a lake or streambed alteration agreement, if required by the
department to protect fish and wildlife resources.
This bill would require the department to prepare and implement a
set of protocols to be used to evaluate the need for fish rescue and
relocation plans and actions on behalf of the Sacramento-San Joaquin
Delta fishery resources, and to guide the implementation of those
actions. The bill would require the department to expedite the
approval of any permit required from the department for
implementation of fish rescue efforts on public lands.
(2) Under existing law, various state agencies administer programs
relating to water supply, water quality, flood management, natural
resource preservation, and recreation in the Sacramento-San Joaquin
Delta.
This bill would deem to be capitalized all statutory references or
references in state government documents to the Sacramento-San
Joaquin Delta, without regard to whether "Sacramento-San Joaquin" is
included in that reference.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Chapter 4.5 (commencing with Section 1450) is added to
Division 2 of the Fish and Game Code, to read:
CHAPTER 4.5
1450. (a) The Legislature finds and declares that, in situations
where the Sacramento-San Joaquin Delta fishery resources are at risk
due to manmade or natural events, it is consistent with the mission
and public trust responsibilities of the department to coordinate
fishery rescue and relocation efforts, including engaging volunteers
in those efforts.
(b) The department shall prepare and implement a set of protocols
to be used to evaluate the need for fish rescue and relocation plans
and actions on behalf of the Sacramento-San Joaquin Delta fishery
resources, and to guide the implementation of those actions.
(c) During the development of the protocols, the department shall
consult with interested local, state, and federal stakeholders,
including landowners and recreational fishing groups. During this
collaboration, the department shall solicit the establishment of
networks of volunteers with suitable training and background willing
to assist during an incident for which the department determines that
fish rescue or relocation is appropriate.
(d) The protocols shall be adopted by the department no later than
June 30, 2009. The protocols shall be posted on the department's
Internet Web site, along with information relating to becoming a
volunteer, as described in subdivision (c).
1451. If there is an urgent situation that threatens fishery
resources on public lands, the department shall expedite approval of
any permit required from the department for implementation of fish
rescue efforts.
SEC. 2. Section 12221 is
added to the Water Code, to read:
12221. All statutory references or references in state government
documents to the Sacramento-San Joaquin Delta, without regard to
whether "Sacramento-San Joaquin" is included in that reference, shall
be deemed capitalized.
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