U.S. EPA Region 9: Bay-Delta Plan must include numeric flow criteria, adopt tribal beneficial uses
SACRAMENTO – The US EPA Region 9 has filed an administrative comment letter with the State Water Resources Control Board stating that the updated plan must include numeric water flow criteria and adopt Tribal Beneficial Uses.
The comment responds to the Board’s Draft Staff Report for the Phase II Update of the Bay-Delta Water Quality Control Plan (Bay-Delta Plan).
On Jan.19, 2024, the EPA urged the State Water Board to update, adopt, and implement a Bay-Delta Plan that incorporates Tribal Beneficial Uses and numeric flow objective supported by the best available science for the protection of estuarine species, communities, and economies, according to the DTEC. Additionally, EPA recommends the Board to incorporate new scientific studies published after 2017.
The comment letter states: “While EPA’s attached comments focus primarily on potential updates to the Bay Delta Plan related to flow objectives to support fish and wildlife designated uses, EPA acknowledges the importance of improving water quality throughout the Bay-Delta watershed to protect all uses, including Tribal Beneficial Uses (TBUs). EPA continues to urge the State Water Board to expeditiously adopt and implement long-delayed updates to the Bay Delta Plan to ensure that this important ecosystem can continue to support these uses for future generations.”
Here is the link: /content/files/wp-content/uploads/01.19.2024-epa-comments-on-sept-2023-ca-swrcb-sac-delta-draft-staff-report-3.pdf
On Jan. 19, the DTEC, including the Buena Vista Rancheria of Me-Wuk Indians, Shingle Springs Band of Miwok Indians, Winnemem Wintu Tribe, Little Manila Rising, and Restore the Delta, filed their administrative comment with the State Water Board. Read the complete DTEC Comment Here.
Representatives of the DTEC said they were encouraged by the US EPA’s letter.
“We are encouraged by the US EPA’s comments on the Bay-Delta plan, especially the EPA’s strong recommendation that the Water Board move with urgency to protect Tribal Beneficial Uses,” said Krystal Moreno, Traditional Ecological Knowledge Program Manager, Shingle Springs Band of Miwok Indians. “The Bay-Delta plan must ensure water quality standards that adequately protect California tribes and the unique way we utilize the waterways. Our culture, traditions, ceremonies, and identities are deeply connected to water.”
“We agree with much of the EPA’s analysis of the Bay Delta Plan,” stated. Cintia Cortez, Policy Analyst, Restore the Delta. “The Bay-Delta Plan must include numeric standards required for estuary recovery. We also agree that the proposed Voluntary Agreements program is incomplete and inconsistent with the information provided and its analysis. Restore the Delta recommends the Board dismiss proposed voluntary agreements in this iteration of the plan.”
Comments submitted by US EPA are on the Proposed Plan Amendments and Voluntary Agreements described in the Draft Staff Report. Restore the Delta said it appreciates EPA’s “continued technical assistance that reflects similar concerns as those set forth in comments submitted by DTEC.”
EPA’s comments recommend “numeric flow objectives, improved public participation, protection of designated uses, transparency and accountability, and adoption of TBUs and proper Tribal consultation.”
In addition, the coalition revealed that the Voluntary Agreement Program proposal as set forth in the Staff Report is “incomplete and inconsistent, discouraging meaningful public analysis and participation.”
“Considering the urgency of an updated Bay-Delta Plan, Restore the Delta (RTD) would recommend the Board to dismiss proposed voluntary agreements in this iteration of the plan,” RTD emphasized.
Delta’s worst-ever ecological crisis spurred by water diversions and exports
The EPA comments were filed at a time when the San Francisco Bay-Delta Estuary is in its worst ecological crisis in history, largely due to water exports and the oversubscription of water in California.
Sacramento River fall-run Chinook salmon salmon populations, along with the Klamath/Trinity salmon runs, have collapsed, resulting in the closure of ocean and river salmon fishing in California last year and probably again this year.
Massive water diversions south of the Delta to agribusiness oligarchs and water brokers and abysmal state and federal water management of reservoirs and Central Valley rivers have also pushed endangered Sacramento River winter-run and spring-run Chinook salmon closer and closer to extinction.
Meanwhile, endangered Delta Smelt, an indicator species that demonstrates the health of the estuary ecosystem, are now virtually extinct in the wild. Zero Delta Smelt were collected in the CDFW’s Fall Midwater Trawl Survey for the sixth year in a row in 2023: www.dailykos.com/…
Once the most abundant species in the entire estuary, the Delta Smelt population has plummeted due to massive water diversions from the Delta, combined with toxics, water pollution and invasive species.
Disparaged as a “little minnow” by agribusiness oligarchs, Big Ag-owned politicians and right wing talking heads like Sean Hannity, the important role this fish plays in the ecosystem can’t be overemphasized.
”Delta Smelt are the thread that ties the Delta together with the river system,” said Caleen Sisk, Chief of the Winnemem Wintu Tribe. “We all should understand how that affects all the water systems in the state. They are the irreplaceable thread that holds the Delta system together with Chinook salmon.”
The 2 to 3 inch fish, found only in the Delta, is an “indicator species” that shows the relative health of the San Francisco Bay/Delta ecosystem. The Delta smelt is listed as “endangered” under both the federal Endangered Species Act and the California Endangered Species Act.
When no Delta Smelt are found in six years of a survey that has been conducted since 1967, the estuary is in a serious ecological crisis
“No Delta Smelt were collected at any stations from September through November,” according to Erin Chappell, Regional Manager, Bay Delta Region-3 to Brooke Jacobs, CDFW Branch Chief, and other CDFW staff on December 21. “The 2023 September- November index (0) is tied with 2016 and 2018-2022 as the lowest index in FMWT history.”
She said the absence of Delta Smelt catch in the FMWT is “consistent among other surveys in the estuary.” For example, the Enhanced Delta Smelt Monitoring (EDSM) survey of the U.S. Fish and Wildlife Service (USFWS) caught only 5 Delta Smelt among 10 sampling weeks (between 9/4 and 11/10) comprised of 1,360 tows (U.S. Fish and Wildlife Service 2023): nrm.dfg.ca.gov/…
The near-extinction of Delta Smelt in the wild is part of the larger Pelagic Organism Decline (POD) caused by massive water diversions from the Delta by the state and federal water projects, along with toxics, water pollution and invasive species.
Between 1967 and 2020, the state’s Fall Midwater Trawl abundance indices for striped bass, Delta smelt, longfin smelt, American shad, splittail and threadfin shad have declined by 99.7, 100, 99.96, 67.9, 100, and 95%, respectively, according to the California Sportfishing Protection Alliance.
Taken as five-year averages (1967-71 vs. 2016-20), the declines for striped bass, Delta smelt, longfin smelt, American shad, splittail and threadfin shad are 98.1, 99.8, 99.8, 26.2, 99.3 and 94.3 percent, respectively.
Unfortunately, the CDFW hasn’t posted the results of the data for all of the pelagic fish species surveyed in the Fall Midwater Trawl. The latest data entry is from 2022: apps.wildlife.ca.gov/…
The EPA comment letter was released as the Gavin Newsom Administration continues to push the construction of the Delta Tunnel and Sites Reservoir and the adoption of the Big Ag-backed “voluntary agreements.”
Unless the Gavin Newsom Administration changes direction, fish extinction and the destruction of a once robust, fish-filled estuary are likely to be his real “environmental legacy.”
