2006 Award Winners — California Water Policy 16Horacio AmezquitaHoracio Amezquita has been a tireless advocate for drinking water concerns in his community of San Jerardo, California. San Jerardo is a small, rural community of about 70 families located outside of Salinas, CA that was once a dilapidated farm labor camp but is now a community co-operative where all families are able to participate in decisions that affect the residents. It is the kind of community where a family that can’t pay their rent on time can pay a few days later. Unbelievably, this small community’s ground water is so contaminated that for the past six years, they have been limited to drinking bottled water. A long-time resident of San Jerardo, Horacio became involved in the struggle for clean drinking water in 2005. San Jerardo’s groundwater wells are highly contaminated with nitrates far exceeding the state health limits. Further water report investigations revealed very high levels of trichloropropane. For years, residents received inadequate, sporadic, bottled water deliveries and complained of chronic health problems such as hair loss and rashes after showers. Unfortunately, residents saw their drinking water concerns repeatedly fall through the cracks of the state and county’s regulatory systems. To make matters even more complicated, San Jerardo’s system was placed in state receivership after the private company was found to be fraudulent. Due to the high levels of contamination, the process of finding a new water operator dragged on for years. This also meant that pursuing state and federal dollars for a new well were significantly stalled because there was no entity to receive funds. Already familiar with water and farming issues from his own experiences as a local farmer, Horacio quickly became familiar with the complex situation facing San Jerardo residents. Working with other concerned residents, Horacio attended meetings with local agencies and elected officials. Through community meetings and advocacy, he garnered significant media attention for the plight of residents. He continued to push for the concerns of community members, from better agency-community communication to increased bottled water deliveries.In 2006, Horacio and the community of San Jerardo had a great victory: the County of Monterey authorized the construction of an emergency filtration plant in the community. In late October, the plant was opened and tests reveal very low rates of nitrates and trichloropropane. This exciting success is a testament to Horacio’s dedication, tenacity and ability to build a coalition. His persistent advocacy forced agencies and local decision-makers to address an unacceptable situation. He has shown communities throughout the State that it is possible to find solutions to their dire drinking water needs. Proposed Lower Yuba River AccordWorking with a broad coalition of 17 agricultural, environmental, and fisheries interests, including state and federal agencies, the Yuba County Water Agency (YCWA) has developed an innovative set of agreements that together form a framework – the proposed Lower Yuba River Accord – that will resolve nearly 15 years of controversy and litigation over instream flow requirements for the lower Yuba River. The Yuba Accord will be based on three separate but related proposed agreements: A Fisheries Agreement, a Water Purchase Agreement, and Conjunctive Use Agreements. Once implemented they will collectively provide significant environmental and economic benefits, including the following:
The goal of the participants is to implement the Yuba Accord by late 2006. The first step in this process was completion of a Statement of Support (for the Fisheries Agreement), a MOU (for the Water Purchase Agreement) and Principles of Agreement (for Conjunctive Use Agreements with YCWA’s local irrigation districts.) Certain parties to the Yuba Accord that are also involved in pending litigation will now request a stay in the Court’s proceedings so that they may initiate a 2006 pilot program and environmental compliance process. As California Department of Fish and Game Director Ryan Broddrick said, “The proposed Lower Yuba River Accord is a landmark achievement not only because it will improve salmon and steelhead habitat and provide certainty for water rights and irrigation, but also because it is the product of unparalleled cooperation and compromise.” The Mokelumne River Programmatic Safe Harbor AgreementThe Mokelumne River Programmatic Safe Harbor Agreement is a complicated formal name for a relatively straightforward environmental program that is long overdue. For years, many farmers and landowners have had a strong aversion to the Endangered Species Act (ESA) and any related governmental program. For farmers, the discovery of endangered or threatened species on their property can be disastrous. Producing a profitable crop can conflict directly with protecting the life of a struggling species – a difficult task even for large teams of well-funded biologists, not to mention small farmers attempting to earn a living from the land. Farmers control large tracts of fertile land and potentially productive ecosystems, but because of the serious consequences of the presence of a threatened or endangered species, farmers have no incentive to manage the land in a way that would attract or promote the growth of listed species. During the late 1990’s, a group of concerned individuals, including Kent Reeves, a wildlife biologist with East Bay Municipal Utility District (EBMUD), the San Joaquin County Resource Conservation District, various farmers and ranchers, and other organizations began discussing the condition of the Mokelumne River from the base of the Camanche Dam downstream to Interstate 5. This 20-mile stretch of river had once been a rich and diverse riparian habitat, but most of the native plans and wildlife had been disturbed, if not outright destroyed. The area is home to the valley elderberry longhorn beetle, a federally threatened species that is dependent on native elderberry bushes that traditionally grew along the river. Unfortunately, the mechanisms of the ESA provided few tools for protecting and enhancing the critical habitat, and farmers and landowners were highly skeptical, if not outright oppositional to any new programs. It took 8 years of hard work and discussions facilitated through the Lower Mokelumne River Watershed Stewardship Plan to overcome the opposition and resistance by some local farmers and landowners. The US Fish and Wildlife Service, EMBUD, local landowners and Environmental Defense all worked collaboratively to overcome the resistance and created the first of its kind safe harbor agreement (SHA) in California. Unlike previous agreements in California, this one is regional, covering an entire segment of the watershed and not just a few specific properties. The agreement was finalized on June 6, 2006 when LangeTwins Wine Estates became the first cooperator in the program. The Safe Harbor Agreement is intended to:
Landowners sign up for the program and commit to a 10-year term. At the end of 10 years, the landowners can renew their participation. Landowners who voluntarily participate in the program will not be liable under the ESA if they accidentally kill or injure the listed beetles during habitat restoration or while performing normal, routine agricultural practices. To date approximately 10 acres of riparian forest have already been restored or enhanced along 2 miles of riparian corridor. In addition, five additional landowners have expressed a strong interest to participate in the program. These additional landowners would add 100 acres of riparian habitat along seven miles of the Mokelumne River. It is hoped that through this program, sufficient habitat will be restored and the beetles can eventually be removed from the threatened species list. The San Joaquin River Restoration SettlementBill Stall wrote in the Los Angeles Times, “Few rivers have as glorious a beginning as the San Joaquin.” Snow melts from the Ritter Range in the Sierra Nevada fill a variety of lakes which in turn feed the San Joaquin River. It flows past Devils Postpile National Monument, plunges over Rainbow Falls and flows through canyons to the western foothills…and then it dries up…but it didn’t always. In 1944, the Bureau of Reclamation began filling Millerton Lake behind Friant Dam with water from the San Joaquin River. Damming the San Joaquin River provided water to almost a million acres of farmland in the San Joaquin Valley, contributing to California’s status as the number one agricultural state in the US. Unfortunately, also as a result of the dam, about 60 miles of the San Joaquin, once the State’s second-longest river, turned to dust. Thanks to a settlement nearly two decades in the making, the San Joaquin is about to flow again. Earlier this year, a general settlement was reached that will provide interim flows to the San Joaquin River within 3 years and the reintroduction of both spring and fall run salmon in less than a decade. This settlement came after years of working through the differences, crafting an agreement on complex restoration and water supply issues that was acceptable to 14 environmental and fishing organizations, 18 irrigation districts who contract for water from Friant Dam, and 3 difference federal agencies. In addition, a separate MOU had to be negotiated with 3 state agencies regarding their collaborative role in implementing the settlement; several members of Congress and their staff had to be briefed and kept in the loop; and outreach to numerous stakeholders was required to ensure broad public and institutional support for the restoration compromise. The two primary negotiating parties to this agreement were NRDC and Friant Water Users Authority. The scope and significance of this achievement is truly impressive and hopefully inspirational as well. Beyond the tremendous environmental and recreational benefits, millions of Californians will see water quality improvements and other benefits from a restored San Joaquin River. As Ron Jacobsma, the General Manager for the Friant Water Users Authority said, “We view this as historically precedent-setting…You have parties that have been at each other’s throats for 18 years. For them to come together and find common ground that hopefully will meet everyone’s goals is something you don’t see every day.” Carla Bard Advocacy AwardHal CandeeThe Carla Bard award is given each year at the POWER conference to honor the spirit and passion of the late Carla Bard. For those of you who don't remember Carla, she was Chair of the State Water Resources Control Board after serving on her local Regional Water Quality Board. Living in Ventura County, she raised four children and then dove into environmental issues, especially water. Brilliant and flamboyant, Carla forced the State to take on the tough issues of Kesterson and water waste. She was on our conference planning committee for many years and was driving to an environmental board meeting when she died in a car crash. This year the Carla Bard Advocacy Award is given to Hal Candee for his unrelenting pursuit of restoring flows and salmon to the San Joaquin River. Hal began his effort to restore flows and salmon to the San Joaquin River more than 18 years ago, when, as a young NRDC attorney, he forged a coalition of 14 conservation and fishing groups and launched a legal challenge to the renewal of 40-year federal contracts that allowed so much water to be diverted from the River that 60 miles of it had dried up. While many people played important roles in the 18-year saga, most would agree that Hal Candee stands apart. He conceived of the original lawsuit in 1988, crafted the winning legal theories, assembled the coalition, spearheaded the litigations, led the opposition to numerous legislative end-runs that would have exempted Friant Dam from compliance with environmental laws and kept the river dry in perpetuity, and stuck to it when many in the water world, even some in his own environmental community, said it would never happen. And, when the opportunity presented itself to restore the river collaboratively through a multi-party settlement, Hal stepped forward to make it happen. Carla would have been thrilled and proud to know that Hal Candee is this year’s award recipient. She also dreamed of restoring the San Joaquin River and worked closely with Hal for several years in her capacity as a board member for the Bay Institute, which is a key member of the NRDC coalition. In addition, Carla personally filed a petition with the State Water Resources Control Board in an attempt to restore flows and salmon to the river. There could be no more fitting tribute to Hal’s achievement than honoring him with the award that bears Carla’s name. |
