Let's hope there are lots of precedents with this case....
Judge rules Fresno dam illegal
SAN FRANCISCO (AP) - Water may flow freely again in the San Joaquin River after a federal judge ruled that the U.S. government violated California law when it built the Friant Dam near Fresno six decades ago, a decision that could settle a 16-year-old water dispute.
On Friday, the U.S. District Court judge in Sacramento decided in favor of environmentalists who sued the U.S. Bureau of Reclamation and the Friant Water Users Authority in 1988 over the Friant Dam on the San Joaquin River, one of the state's longest. In the lawsuit, the Natural Resources Defense Council and other environmental groups charged that the defendants violated state law by failing to release enough water to sustain the surrounding environment and wildlife.
Agreeing with the environmentalists Friday, Judge Lawrence K. Karlton wrote, ''There can be no genuine dispute that many miles of the San Joaquin River are now entirely dry, except during extremely wet periods, and that the historic fish populations have been destroyed.''
The San Joaquin River supported thousands of spawning Chinook salmon and other fish before the Bureau of Reclamation built the Friant Dam, about 20 miles northeast of Fresno, in the 1940s. The water now collects in Millerton Lake and provides irrigation to about 15,000 farmers and one million acres of farmland east of the river. But the dam diverts so much water that long stretches of the river run completely dry most of the year.
Environmentalists argued that the river could be restored without hurting the region's farm economy, while opponents claimed restoring the river for salmon would take water away from farmers and residents.
In 1999, the water authority and environmental groups agreed to negotiate a plan to restore 267 miles of the San Joaquin River, but talks broke down last year, sending the dispute back to court.
NRDC officials said they were thrilled with Judge Karlton's decision, which could send water through the Friant Dam for the first time in more than 50 years. Restoring the river will provide cleaner drinking water, more reliable irrigation water and salmon habitat, they said.
''The federal court has finally acknowledged that this dam is subject to the same rules as all the other dams,'' said Barry Nelson, a NRDC senior policy analyst. ''We can look forward to bringing a dead river back to life . An enormous number of people will benefit from a healthy river .''
The U.S. Bureau of Reclamation, which owns and operates the dam, wouldn't comment until its attorneys had a chance to review the judge's decision, said spokesman Jeff McCracken.
The Friant Water Users Authority, which provides Friant Dam water to Fresno, Kern, Madera, Merced and Tulare counties, was ''very disappointed'' in the ruling, said general manager Ron Jacobsma, adding that its attorneys were considering various legal options. He warned that water releases could hurt San Joaquin Valley farmers.
''Any loss of water to our service area would have a devastating effect,'' Jacobsma said. ''This could have significant impact on the agricultural economy in the region and have economic consequences in the state.''
But California fishermen were excited about the prospect of restoring the San Joaquin River's salmon fisheries.
''This has been a long time coming, but after 60 years, Judge Karlton has righted this wrong,'' said Zeke Grader, executive director of the Pacific Coast Federation of Fishermen's Associations. ''We have now started down the road to restore one of the West Coast's premier salmon runs, and along with it, fishing jobs in California's coastal communities.''
