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Restore the Delta files opposition to salmon-killing TUCP permit for SF Bay-Delta operations [1]

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Date: 2023-02-22  

SACRAMENTO, Calif. – Restore the Delta today filed a formal opposition letter regarding the new Temporary Use Change Permit (TUCP) for SF Bay-Delta operations announced last week in an executive order by the Newsom Administration, according to a statement from the group.

The issuing of the permit by the State Water Resources Control Board on February 21 followed massive public outcry by anglers, Tribal groups, environmental justice advocates, conservationists and scathing editorials by both the San Francisco Chronicle and LA Times.

The RTD letter details opposition to the plan for four main reasons.

“The TUCP would have unreasonable significant environmental impacts.

The proposed TUCP is contrary to law because Petitioners failed to perform due diligence prior to submitting their petition.

The TUCP is not in the public interest.

The TUCP is contrary to law.”

The group also noted that the comment deadline was issued, then ignored. “The initial issue notice of the proposed TUCP (2/13/23) gave the public until 2/23/23 to protest and object, but reserved the right to approve the TUCP prior to that deadline,” according to the group. “The State Water Board then approved the TUCP on 2/21/23,” Restore the Delta filed opposition anyway on 2/22/23 to preserve standing to petition for reconsideration.”

The letter concludes:"...for these reasons we urge the Water Board to reject this TUCP as representing unreasonable diversions from public trust resources in the Delta, diversions which are not in the public interest, do not reflect due diligence by Petitioners, and which would cause unreasonable (because irreversible) environmental impacts to estuarine species and food webs—especially when it is likely that snowmelt will come at a better time this year than it has the last two."

On February 13, California Governor Gavin Newsom signed the controversial executive order that he claimed protects the state’s water supplies “from the impacts of climate-driven extremes in weather” by waiving environmental standards that require more water to be released into the Delta to protect salmon, Delta smelt and other fish.

Then on February 21, the State Water Resources Control Board issued an order conditionally approving “temporary changes to requirements included in the water right permits and license” for the State Water Project and Central Valley Project for the period of February through March 2023.

The order was issued in response to a Temporary Urgency Change Petition jointly filed by the California Department of Water Resources and the United States Bureau of Reclamation on February 13, 2023.

The order would allow the state to hold more water in Central Valley reservoirs — and release less water badly needed by collapsing populations of Chinook salmon and other fish species to survive. The order is the result of political pressure from the state's powerful agribusiness industry, who claimed the state was allowing too much water from storms to flow into the San Francisco Bay-Delta Estuary and then into the ocean.

Anglers, conservationists and environmental justice advocates fired back quickly in response, arguing that the plan authorizes measures that will end up devastating already imperiled Central Valley salmon populations, Delta smelt and the San Francisco-Bay Delta Estuary: https://www.dailykos.com/stories/2023/2/18/2153335/-Anglers-E-J-advocates-contest-Governor-s-executive-order-to-waive-clean-water-laws-for-agribusiness

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[1] Url: https://www.dailykos.com/stories/2023/2/22/2154503/-Restore-the-Delta-files-opposition-to-salmon-killing-TUCP-permit-for-SF-Bay-Delta-operation

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