December 2, 2009

Three environmental watchdog groups said they expect to go to court next year to make state regulators get tougher with North Coast wine industry stream diversions that endanger native fish habitat.

The Center for Biological Diversity, Northern California River Watch, and Coast Action Group last week sent a formal “notice of intent” to sue California’s State Water Resources Control Board for authorizing water diversions that harm federally protected salmon and steelhead trout in the Russian River and Gualala River watersheds, said Center for Biological Diversity spokesman Jeff Miller.

“The water board is violating the Endangered Species Act by permitting water diversions in Mendocino and Sonoma counties, primarily for vineyards, that adversely affect salmon,” said Miller in a press release announcing the action.

Wine industry critics say pumping from streams for irrigation and frost protection de-water rivers and creeks where listed fish species spawn, harming imperiled coho salmon, chinook salmon, and steelhead trout.

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De-watering of streams occurs not only during spring and summer vineyard irrigation but also due to winter frost protection pumping to protect budding grapes from frost.

When freezing temperatures hit the North Coast, multiple vineyards pumping water for frost protection can reduce flow or even dry up the Russian River and its tributaries, stranding and killing young salmon, said Miller.

“Twelve years after the state water board determined that pumping for frost protection is harmful to salmon and concluded it to be a waste and unreasonable use of water, the board has still failed to take appropriate action on frost irrigation,” said Miller.

“Further fish kills are unacceptable — coho salmon are near extinction in the Russian River, and chinook salmon and steelhead are not far behind.”

State water officials agree that during cold dry spring conditions of both 2008 and 2009 there were fish kills due to excessive water diversions in the main stem of the Russian River at Hopland and in Felta Creek, a tributary of Dry Creek and Russian River.

There are at least 60,000 acres of vineyards in the Russian River watershed, 70 percent of which are within 300 feet of salmon streams, said Miller.

“The Wheatfield Fork of the Gualala River is also experiencing dramatic changes from overpumping, and fish habitat and survival are being significantly harmed,” said Miller.

The State Water Resources Control Board permits and authorizes water pumping, diversions, and water storage and continues to issue water appropriation permits in the Russian River and Gualala River watersheds, in conflict with public trust values and beneficial uses, said Miller.

The environmental groups say the water board in 1997 released a report identifying vineyard practices, particularly frost protection activities, that adversely impact federally listed species of fish trying to survive in the Russian River basin and its tributaries. The National Marine Fisheries Service requested in the spring of 2009 that the water board pass regulations to protect listed fish species “but the board has continued to allow frost-protection withdrawals and unreasonable and excessive water use to continue in these watersheds. The water board is violating the Endangered Species Act by consenting to improper use and by failing to enforce existing regulations,” said Miller.

“The state water board can change regulations and rules,” said Miller. “They’re the ones issuing permits. They certainly have the ability to tighten things up. They’re supposed to oversee these water permits.”

Miller said wine industry pleas for a self-governing approach are not the answer.

“Every industry wants to self govern,” said Miller. “Unfortunately the mission of these wineries is to produce wine, protect grapes and maximize their profits. Protecting salmon is not a priority.

“For fish to get a fair shake and to keep salmon and steelhead in these streams you need to have regulators and regulations that are outside the influence of the industry.”

The Center for Biological Diversity is a national nonprofit conservation organization dedicated to the protection of endangered species and wild places.

Northern California River Watch is a nonprofit environmental watchdog organization in Sebastopol.

Coast Action Group is a nonprofit organization in Point Arena focused on the protection of North Coast fishery and water-quality resources.

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(Source : Sonoma West Times and News)