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Modesto Bee

Valley Well-Represented in River-Restoration Talks
September 28, 2006

In poker, you can't win if you're not at the table. The same thing is true in water negotiations. Fortunately, we had a seat — several, in fact — at the table where a deal to restore the San Joaquin River between Fresno and Merced has been worked out.

In early September, farmers who live far from the river and environmentalists who live even farther from it agreed on a plan to turn 60 miles of dry riverbed back into a real river. They had little choice. Sixty years after the river was diverted by Friant Dam, and 18 years after environmentalists sued to bring it back to life, a U.S. District Court judge told them to work out a plan — or he would.

The goal is to restore a once-thriving spring-run salmon population to the river south of Merced. It will require estimated expenditures of as much as $1.2billion — a number so large it will take an act of Congress to get it.

Wednesday, Sen. Dianne Feinstein announced a deal to provide about $250 million in new money and to redirect $430 million in other federal funds. With $100 million from California's Proposition 84, if it passes, there would be just about enough.

The crucial negotiations took place in Feinstein's office over two weeks. Included were some key third-party representatives. Among them was Modesto Irrigation District General Manager Allen Short, who represented the five irrigation districts — Modesto, Turlock, Oakdale, Merced and South San Joaquin — that depend on and manage the San Joaquin's tributary rivers. Joining him was Ken Robbins, a lawyer for Merced Irrigation District, and all five valley members of the House of Representatives.

Foremost on their minds was the classification of reintroduced salmon as "experimental" — not "endangered." That's a critical distinction under the Endangered Species Act — endangered animals are protected; experimental animals are not.

"If one (salmon) happens to swim up the Tuolumne River, we will not have to mitigate because it is an experiment," said Short. "We were not trying to change the ESA; we're utilizing the ESA."

Why is this important? Because that wayward salmon could affect your electric bill.

The Turlock Irrigation District and the MID are licensed by the Federal Energy Regulatory Commission to operate New Don Pedro Dam and its electricity powerhouse. Merced Irrigation District makes electricity at Lake McClure. In the early '90s, the districts agreed to conditions on their FERC licenses to restore salmon habitat and populations. On the Tuolumne, that has been difficult; only about 750 fish were counted last year.

If the San Joaquin salmon were classified as endangered, FERC might put additional conditions on the permits for operating the dams. Such conditions are invariably costly, meaning higher rates for water and power. With this agreement, Short said, FERC won't add conditions just to protect spring-run salmon.

The negotiations on the bill are complete, but this game is not over. Congress adjourns Friday so members can go home to campaign. There's no time to pass such an important and costly bill, so it likely will be pushed into a "lame-duck" session after the election. If the character of Congress changes, the bill could be delayed into 2007.

Getting this bill passed will require the help of the entire valley congressional delegation — Dennis Cardoza, Devin Nunes, Jim Costa, George Radanovich and House Resources Committee Chairman Richard Pombo.

Even Feinstein's office admits that passage poses "a significant challenge," requiring patience and persistence. But compared with the challenges this restoration already has overcome, it is doable. And it must be done.

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