Environmental groups plan to sue over river diversions

Three environmental watchdog groups said they expect to go to
court next year to make state regulators get tougher with North
Coast wine industry stream diversions that endanger native fish
habitat.
The Center for Biological Diversity, Northern California River
Watch, and Coast Action Group last week sent a formal “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, said Center for Biological Diversity spokesman Jeff
Miller.
“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,” said Miller
in a press release announcing the action.
Wine industry critics say pumping from streams for irrigation
and frost protection dewater rivers and creeks where listed fish
species spawn, harming imperiled coho salmon, chinook salmon, and
steelhead trout.
Dewatering of streams occurs not only during spring and summer
vineyard irrigation but also due to winter frost protection pumping
to protect budding grapes from frost.
When freezing temperatures hit the North Coast, multiple
vineyards pumping water for frost protection can reduce flow or
even dry up the Russian River and its tributaries, stranding and
killing young salmon, said Miller.
“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
Miller.
“Further fish kills are unacceptable — coho salmon are near
extinction in the Russian River, and chinook salmon and steelhead
are not far behind.”
State water officials agree that during cold dry spring
conditions 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 Dry Creek and 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, said Miller.
“The Wheatfield Fork of the Gualala River is also experiencing
dramatic changes from overpumping, and fish habitat and survival
are being significantly harmed,” said Miller.
The State Water Resources Control Board permits and authorizes
water pumping, diversions, and water storage and continues to issue
water appropriation permits in the Russian River and Gualala River
watersheds, in conflict with public trust values and beneficial
uses, said Miller.
The environmental groups say the water board in 1997 released a
report identifying vineyard practices, particularly frost
protection activities, that adversely impact federally listed
species of fish trying 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. The water board is violating
the Endangered Species Act by consenting to improper use and by
failing to enforce existing regulations,” said Miller.
“The state water board can change regulations and rules,” said
Miller. “They’re the ones issuing permits. They certainly have the
ability to tighten things up. They’re supposed to oversee these
water permits.”
Miller said wine industry pleas for a self-governing approach
are not the answer.
“Every industry wants to self govern,” said Miller.
“Unfortunately the mission of these wineries is to produce wine,
protect grapes and maximize their profits. Protecting salmon is not
a priority.
“For fish to get a fair shake and to keep salmon and steelhead
in these streams you need to have regulators and regulations that
are outside the influence of the industry.”
The Center for Biological Diversity is a national nonprofit
conservation organization dedicated to the protection of endangered
species and wild places.
Northern California River Watch is a nonprofit environmental
watchdog organization in Sebastopol.
Coast Action Group is a nonprofit organization in Point Arena
focused on the protection of North Coast fishery and water-quality
resources.