Yuba water agency says it will sue over threat to dams

Federal officials have been put on notice by the Yuba County Water Agency that it will sue unless issues related to tearing down two major dams on the Yuba River are resolved. The agency said last week that it plans to use the 60 days provided after filing the notice to resolve issues over the dams with the National Marine Fisheries Service and the U.S. Army Corps of Engineers.

A recent biological opinion from NMFS recommended a number of changes to protect migrating salmon—up to and including the removal of Daguerre Point and Englebright dams. The dams, maintained and operated by the corps, were built to contain contaminated Gold Rush-era mining debris and sediment in the river.

Construction of both dams predated formation of the water agency, which has since invested in hydropower generation and water delivery facilities elsewhere on the river. The Yuba County Water Agency, which supplies water to eight irrigation districts or water companies in the area, sent a 12-page letter to the fisheries service at the end of February, outlining its concerns about the draft biological opinion.

In that letter, Yuba County Water Agency General Manager Curt Aikens said, "it appears parts of the draft opinion are factually incorrect, internally inconsistent, or based on unsupported opinion rather than the best available scientific and commercial evidence."

The water agency said in its filing last week under the federal Endangered Species Act that full implementation of the NMFS biological opinion would compromise its ability to deliver water to 85,000 acres of productive farmland, as well as provide flood control.

The agency also pointed out that the NMFS opinion challenges the Lower Yuba River Accord, a widely acclaimed settlement to improve 24 miles of salmon and steelhead habitat on the lower Yuba River.

In the February 2012 biological opinion, NMFS determined the Army Corps of Engineers' operation and maintenance of Daguerre and Englebright dams jeopardizes spring run chinook salmon, steelhead and green sturgeon. NMFS directed the corps to implement 30 actions, many of which focused on short- and long-term steps to reintroduce salmon and steelhead into the upper watershed.

Regarding fish passage at the two dams, the NMFS opinion stated, "dam removal is the most preferred approach."

The corps, however, strongly disagreed and has provided detailed comments identifying what it sees as numerous legal and technical deficiencies and errors in the NMFS opinion.

The water agency said it finds itself stuck between the two federal agencies and facing an obligation to serve water customers, meet contractual agreements with local, state and federal agencies for watershed improvements and operate two renewable-energy hydroelectric power plants.

"We're hopeful our letter will facilitate a more collaborative and focused effort with NMFS and the corps to correct the problems in this biological opinion," said Mary Jane Griego, a water agency director.

The water agency said the release of mining debris resulting from removal of the dams would have "devastating impacts" on local rivers and the Sacramento-San Joaquin Delta system. It estimated the cost for the removal and sequestration of contaminated debris at more than $1 billion.

Online information about YCWA is available at www.ycwa.com.

(Kate Campbell is an assistant editor of Ag Alert. She may be contacted at kcampbell@cfbf.com.)