February 17, 2009

The Honorable Dianne Feinstein
331 Hart Senate Office Building
Washington, DC 20510

Dear Senator Feinstein:

We write in opposition to your proposed legislation to mandate lower pumping
restrictions in the Sacramento Delta, rather than allowing the process to be guided by
scientists at the US Fish & Wildlife Service and the National Marine Fisheries Service.
As you are aware, the increase in pumping from the Delta has caused a precipitous
decline in Central Valley Chinook salmon runs. The fall run, once the most abundant
salmon run on the West Coast, has declined from 768,000 in 2002, to 66,000 in 2008, to
39,500 in 2009, the lowest ever recorded. The minimum escapement for long term
sustainability of these fish is 122,000. The critically endangered Winter Chinook run has
declined to 4,483, and the Spring run has declined to 4,506.

According to the National Marine Fisheries Service Biological Opinion, “Entrainment of
fish at the CVP pumps results in loss of approximately 66 % of the exposed fish.
Entrainment of fish at the SWP pumps results in the loss of approximately 85 % of the
exposed fish.” [See http://swr.nmfs.noaa.gov/ocap.htm , p. 481.]

So overriding the decisions of Judge Oliver Wanger in the US District Court in Fresno by
loosening pumping restrictions is very serious and could well result in extinction of these
critically endangered species. This would be a permanent stain on both your legacy as a
US Senator, and upon the legacy of the Obama Administration.

Even if this legislation does not result in extinction, it will set a dangerous precedent for
legislatively breaching the implementation of protections under the Endangered Species
Act. There was a similar intervention last year in a lawsuit under the California
Environmental Quality Act by the California legislature. The Governor is now seeking
100 exceptions to CEQA in the current budget.

We seriously question whether this drastic intervention is even necessary. Rains have
returned to normal, and as of February 14, the Bureau of Reclamation’s Daily Water
Supply Report shows that the San Luis Reservoir is at 83% of normal and is expected to
come close to filling. The total CVP storage is at 79% of normal, and the snowpack was
at 115% of normal in the most recent survey by DWR.

In the San Joaquin Valley, it is expected that the Friant Class I contractors will get 100%
of their allocation of 800,000 acre feet, and the San Joaquin River Exchange contractors
also will get 100% of their allocation of 881,000 acre feet of water. CVP deliveries for
all contractors last year were at 80% of the 5 year average, and this year could be over
90% of average.

Agricultural employment in the seven county area South of the Delta is up slightly
compared with the same period three years ago. There also was a record shipment of
California almonds last year, 1.39 billion pounds, up 10% over the previous year. There
is a major problem with unemployment in the Central Valley, but it is related much more
to the 47,000 jobs lost in the construction industry due to the implosion of the housing
boom, than to cutbacks in water deliveries.

Cutbacks in water deliveries from the Delta have affected Westside agricultural
contractors. These cutbacks have been exacerbated by the agreement in the San Joaquin
River Settlement to guarantee the San Joaquin River Exchange Contractors their
contracted water. These senior water right holders get 100% of their water allocations in
almost every year, regardless of drought and pumping cutbacks. Therefore the cutbacks
in Delta water deliveries fall entirely on Westside contractors, since they are the most
junior of all water contractors in the state. In spite of this, the Bureau of Reclamation
has forecast deliveries of 10-30% to the West side if this is an average year, and 20-40%
if this is a wet year. The Bureau also is making available an additional 350,000 to
400,000 acre feet of water. So they are likely to receive at least 40-50% of their contract
allocation this year.

We respectfully suggest that the issue is not the availability of CVP water, but the
availability of subsidized CVP water. Currently water is for sale on the spot market for
prices of several hundred dollars per acre foot. If the Westside farmers need cheaper
water, we would suggest that instead of giving them water that is critical for the survival
of the Central Valley salmon runs, it would be better to provide temporary funding for
Westside farmers to buy water from the Exchange Contractors and other willing sellers.
The Bureau could recoup the funds through a surcharge on CVP water contracts that are
being renewed, if such a provision is included in the new contracts. This could, in fact,
be a revolving fund to help West side farmers cope with the drought conditions that have
occurred in 30% of the past 20 years.

Finally, we would like to respectfully suggest that it is never a good idea to try to create
jobs in one region by destroying them in another. California has lost an estimated 23,000
jobs and $1.4 billion in economic activity due to the salmon fishery closure, and North
Coast communities desperately need the salmon runs to recover. Unless all of the NMFS
“Reasonable and Prudent Alternative” recommendations are followed, that may never
happen.

Sincerely,
Alliance of Communities for Sustainable Fishing    California Fisheries Coalition
s/ Steve Scheiblauer                                                s/ Vern Goehring

California Sportfishing Protection Alliance            California Water Impact Network
Bill Jennings, Executive Director                             Carolee Krieger, President & E. D.
                                                                                                                                  
Clipper Yacht Harbor                                               Emeryville Sportfishing Center
s/ Jordan Rogers                                                      s/ Craig Stone

Friends of the Eel River,                                          Friends of the River & Steven L. Evans,
Nadananda, Executive Director                              Steven L. Evans, Conservation Director

Friends of Trinity River                                           Golden Gate Fishermen’s Association
Byron W. Leydecker, Chairman                             Roger Thomas, President