New delta pumping cutbacks proposed
By: John Ellis

The federal government has proposed a new set of water-pumping restrictions in the Sacramento-San Joaquin Delta, just four days after west-side farmers hailed a court ruling that temporarily halted a similar cutback.

The latest restrictions are being triggered by the delta smelt, a fish listed as threatened under the Endangered Species Act. The smelt are now being found near the massive delta pumps, which send water to west-side agriculture, including the Westlands Water District, and to millions of urban users from the East Bay to Southern California.

On Friday, U.S. District Judge Oliver W. Wanger put a two-week hold on pumping restrictions that are part of a controversial management plan for endangered winter-run salmon.

Now, the coalition of agricultural and urban water users that sought the temporary hold for the salmon will seek a similar order for the smelt.

As Wanger considers that legal motion, he will also look at a request by environmentalists and fishing groups to reconsider his winter-run salmon order.

Those organizations want Wanger to delay his salmon ruling until the 9th U.S. Circuit Court of Appeals can hear an emergency request to overturn the temporary order.

The environmental and fishing groups say in legal papers that not only are salmon an imperiled species facing a loss of habitat, but the salmon fishing industry is also facing "irreparable harm" and has "suffered a complete shutdown over the last two years."

Wanger has scheduled a hearing on both requests for today.

After Wanger's order on the salmon, agriculture officials said an additional 40,000 to 50,000 acre-feet of water would be sent to federal water users in the next two weeks.

"Every day counts being able to pump [water], and when our growers have a zero water supply and we have 40% unemployment, the ability to bring any water this direction can only help," said Westlands spokeswoman Sarah Woolf. "Although these are temporary fixes, they are so beneficial to getting any additional water to the region."

Now, however, a billion gallons of water being pumped daily from the delta into San Luis Reservoir for west Valley farmers could end after less than a week.

The federal government is proposing shutting down one of five pumps because of the delta smelt. Pumping restrictions involving the imperiled fish could be in effect until the middle of June.

Even as Wanger issued his order on the salmon last week, water agencies knew the threat of pumping cuts associated with the delta smelt were a possibility. The minnow had been found at various spots ever closer to the pumps.

Last week, water users had sought a temporary order covering not just salmon, but smelt as well. Wanger rejected the smelt argument because at that time no pumping restrictions were in place.

He did say, however, that the federal government must give 48 hours notice before shutting down or restricting any of the pumps.

Federal officials gave that two-day notice, and the 48 hours will be up today at 5 p.m. After that time, the federal government can legally cut back on pumping to help the smelt -- unless Wanger grants the temporary injunction.