Fish Sniffer On Demand Digital Edition 3813 June 7-21 2019 | Page 28
26
June 7 - 21, 2019
VOL.38 • ISS. 13
A.G. Xavier Becerra, Fishing
Groups Sue Westlands over
Shasta Dam Raise Plan
C
alifornia Attorney General Xavier
Becerra and a coalition of fishing
and environmental groups have each filed a
lawsuit to block the Westlands Water District,
the largest agricultural water district in the
U.S., from taking what they described as
“unlawful” action to assist in the planning and
construction of a project to raise the height of
Shasta Dam.
“The project poses significant adverse effects
on the free-flowing condition of the McCloud
River and on its wild trout fishery, both of
which have special statutory protections
under the California Wild and Scenic Rivers
Act,” according to a statement from Becerra’s
Office. “The Act prohibits any agency of the
State of California, such as Westlands, from
assisting or cooperating with actions to raise
the Shasta Dam.”
The dam raise would also destroy many of
the remaining sacred sites of the Winnemem
Wintu Tribe that already lost 90% of its
ancestral lands when the dam was completed
and Shasta Reservoir filled in 1945.
“This project is unlawful. It would create
significant environmental and
cultural impacts for the communi-
ties and habitats surrounding the
Shasta Dam,” said Attorney General
Becerra. “Today we ask the court
to block this illegal attempt by the
Westlands Water District to circum-
vent state law.”
The lawsuit alleges that under
the Wild and Scenic Rivers Act,
“Westlands is prohibited from
planning, funding, or assisting with
any project that could adversely
affect the McCloud River’s flow or
its fishery.”
Federal studies of the proposal
concluded that raising the dam
would increase the already inundated
portion of the lower McCloud River
by 39 percent, according to the
A.G.’s Office.
“This further inundation would
have a significant negative impact
on the river’s fisheries and habitats,
and submerge sacred sites of the
Winnemem
Wintu Native
American Tribe,”
Becerra said.
Despite these
impacts, Becerra
said Westlands
has “unlawfully
assumed” the
lead agency
status for the
$1.3 billion
project and
has allocated
funding of over
$1 million for
the preparation
of an Environ-
mental Impact
Report under
the California
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Anthony Grassroots Prize, an annual
Friends of the River, Golden Gate Salmon
$1,000 Earth Day award recognizing an
Association, Pacific Coast Federation of
outstanding example of grassroots envi-
Fishermen’s Associations, the Institute for
ronmental activism.
Fisheries Resources, Sierra Club, Defenders
“Since assuming leadership of the
of Wildlife, and the Natural Resources
Winnemem Wintu Tribe in 2000, Chief
Defense Council (NRDC), represented by
Sisk has focused on uplifting the cultural
Earthjustice, are also urging the court to find
Westlands in violation of the California Wild and religious traditions of the tribe, such as
the revitalization of the Winnemem’s H’up
& Scenic Rivers Act in their lawsuit.
Chonas (War Dance) and BaLas Chonas
“The dam raise would harm—not help—
(Puberty Ceremony),” the Rose Founda-
salmon downstream of the dam,” said John
tion said. “She also advocates tirelessly
McManus, President of the Golden Gate
for salmon restoration, the undamming
Salmon Association (GGSA). “The science,
of rivers and lakes, and the basic human
including the findings of the U.S. Fish and
right to clean water. Chief Sisk is currently
Wildlife Service, clearly shows this harm,
leading the Tribe’s resistance against
which is why we’re taking action to protect
the proposal to raise the Shasta Dam,
all of the salmon in the Sacramento River.”
and is an integral voice in the efforts to
“Californians decided to protect the
McCloud River in 1989 because it’s valuable bring salmon home to the tribe’s sacred
to all of us,” said Ron Stork of Friends of the watershed above the dam.”
The Westlands Water District responded
River. “The ill-conceived dam raise would
to the lawsuit filed by Attorney General
flood a free-flowing reach of the river, harm
Becerra with the following statement:
a prized fishery, and destroy sacred tribal
“In the complaint, Attorney General
sites. It’s time to end Westlands’ disrespect
Becerra asserts that the District is violating
of the California Wild and Scenic Rivers
Public Resources Code section 5093.542.
Act.”
A 1989 amendment to that law protects the Contrary to the allegations by the Attorney
General, the District is not violating the
McCloud River by prohibiting any agency
law. The District explained its actions in
of the State of California from assisting or
two letters in February to the State Water
cooperating with the planning or construc-
Resources Control Board and the Cali-
tion of any dam that could adversely affect
fornia Department of Fish and Wildlife.
the McCloud River’s free-flowing condition
As explained in those letters, if Recla-
or its wild trout fishery, according to Stork.
mation decided to proceed to construc-
“Westlands is violating the law by coop-
tion, federal law (Water Infrastructure
erating with the Trump Administration’s
Improvement for the Nation Act) requires
aggressive plan to raise Shasta Dam,” added
Stork. “The largest agricultural water district Reclamation to have a local cost share
partner(s). The District has not yet made
in the country is trying to use taxpayer
dollars to gain more water to sell to corporate any determination regarding the Shasta
Dam Raise Project. Rather, the District
agriculture in the San Joaquin Valley.”
is conducting the environmental review
Stork said efforts to raise Shasta Dam
that Attorney General Becerra complains
have “rumbled for years,” but the Obama
of to adequately evaluate the question
Administration tabled the project. Now the
before it: whether Public Resources Code
Trump Administration, with Westlands’
section 5093.543 precludes the District
former lobbyist David Bernhardt serving as
from becoming a local cost share partner.
Secretary of the Interior, has brought it back
The District’s approach to the environ-
despite protests from California leaders. The
mental review will allow it to consider that
project timeline has been fast-tracked with
question with the full breath of informa-
construction to begin by the end of this year.
tion required by the California Environ-
“Westlands is playing a key role in
mental Quality Act.
advancing the project by leading and
Westlands Water District supports state
funding an environmental impact review
and federal efforts to improve the water
and negotiating to cover part of the more
system and provide additional storage for
than $1.4 billion project cost. The irrigation
communities throughout the state.”
district even purchased 3,000 acres along
the McCloud River to
clear the way for the
project,” said Stork.
The Winnemem
Wintu Tribe, who
have led the fight
against the Shasta
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