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SAN FRANCISCO WILL SOON YOUR INDEPENDENT SOURCE FOR BAY-DELTA NEWS & VIEWS TRANSFORM the 500-acre former Hunters Point shipyard into a mixed residential and commercial development that will include 10 acres of open space and restored wetlands. Governor Davis signed legislation approving the deal this fall while the Navy reached an agreement with the city to provide $50.6 million for cleaning up contami- nants from the shipyard, closed since 1974. THE EUREKA CITY COUNCIL may inter- vene in a lawsuit by the Pacific Coast Federation of Fishermen’s Associations and the Northcoast Environmental Center against BurRec over its 10-year plan for the Klamath River. The suit claims the plan vio- some agencies, although Malamud-Roam lates the Endangered Species Act and will Lethal and assured attendees that the district will work harm coho salmon. The City of Arcata and with them. the County of Humboldt have already Legal Sting? Tom Huffman with Cal Fish & Game is agreed to support the suit (for more on undaunted by managing marshes for multiple Klamath River issues, see page 5) because The West Nile virus—the mosquito-trans- objectives. His agency consults with mosquito of the economic importance of the fishery. mitted disease that caused sparrows, crows, districts before doing any work in or design- Meanwhile, 10 environmental groups have hawks, and owls to drop dead on the streets ing a wetland. He also manages vegetation sued U.S. Fish & Wildlife over its practice of of New York City in 1999—is heading west. with the pests (mosquitoes, not districts) in leasing refuge lands to irrigated agriculture That it will reach California is a virtual certain- mind. "If I’m going to flood an area full of in the Klamath Basin. The groups want ty; that there are mosquito species here that dense vegetation, I mow first," he says. 20,000 acres restored to wetlands, which can transmit it is a fact. The lowly insect may they say will free up 60,000 acre-feet of soon be reviled locally while its habitat— Wetland managers won’t be the only ones water demand on the river and improve everything from seasonal ponds to freshwater impacted by the new regulations. For exam- water quality by filtering pollutants. wetlands and stormwater catchment basins— ple, the Contra Costa Clean Water Program’s faces considerable scrutiny. municipal stormwater permit, up for CHINOOK SALMON PERSEVERE this year amendment, essentially mandates cre- in the Russian River despite a 60% cut in the That’s why the Contra Costa ation of mosquito habitat by requiring river’s flows by the Sonoma County Water Mosquito and Vector Control District on-site water retention features like Agency to conserve water. Some 5,000 fish convened the "Wetlands Without catchment basins and swales. The vec- have reached spawning grounds above Mosquitoes" workshop this fall for tor control district has proposed that Healdsburg, delighting the water agency, wetland designers and managers. The the amendment be deferred, but the S.F. which was worried that the reduced flows district’s Karl Malamud-Roam told the Bay Regional Water Quality Control Board’s might restrict spawning. Although this year’s group that recent legislation now makes it Christine Boschen says the agency is unwilling run is the largest on record, biologists have illegal to "grow" mosquitoes. "If you do, to do so. The Board is considering making only been monitoring the river’s Chinook for you’re liable," said Malamud-Roam. Local some mosquito-related changes based on five years, after discovering the fish to be a agencies and municipalities holding stormwa- comments filed by the district and others. distinct population. ter permits or constructing and managing wetlands could all get stung. At the workshop’s close, Malamud-Roam recommended what the district had been The workshop made it clear that not all practicing all day: proactive public relations. wetlands are mosquito factories. Salt marshes West Nile virus is not a huge threat to human TEN YEARS host few mosquitoes: the tidal to-and-fro health. The number of people who pick it up OF BAY-DELTA NEWS COVERAGE flushes out eggs and larvae, disrupts egg is likely to remain small, and 80% of those conditioning and permits more predators. who do will develop immunity without even AT YOUR Freshwater wetlands produce more mosqui- feeling ill. Only the elderly and immunocom- FINGERTIPS! toes, but seasonal wetlands, which get wet, promised are at risk for the severe neurologi- hold water for 10 days or so, dry out, then cal damage the disease can cause. Horses are get wet again, offer even better conditions for also susceptible, but neither they nor humans Check out estuarynewsletter.com the insect. One helpful hint for wetland man- appear to be reservoir hosts (capable of carry- — our totally searchable new web site! agers is that mosquitoes like vegetation but ing the virus at high enough levels to pass it Just key in your research question of the not wind, waves, or currents. Creating open- on), as birds are. ings in vegetation that face prevailing winds day — salt ponds, red-legged frogs, diazinon, Malamud-Roam pledged to hold follow-up CALFED's environmental water account, what- discourages reproduction; so does reducing vegetation. meetings with sewer, stormwater, waterfowl, ever your hot button topic — and you can and marsh managers. One uninvited party access every story we've ever written. Malamud-Roam admits that some solu- may be present too: the mosquito. Fifty issues dating back to 1993 at your fin- tions—installing plumbing, moving water into and off of a site quickly, and reducing vegeta- Contacts: Karl Malamud-Roam (925)685- gertips! Plus a chance to send us your story 9301x107; Christine Boschen (510)622-2346 ideas, calendar announcements, letters to the tion—will compete with other wetland objec- AH editor, and more! tives. The district, whose mission is to protect public health, may find itself at odds with ESTUARYNEWSLETTER.COM VOLUME 11, NO. 6 DECEMBER 2002 Estuary 12-02 12/4/02 11:11 PM Page 2

2 DEC 2002

work. We hope the EIR will help us because INVASIONS Spartina exploded on us last year, and it's too SPECIESSPOT far gone to do by hand." A new herbicide, SPARRING WITH SPARTINA imazapyr (Arsenal), being tested in WREN WORRIES Washington state, may prove less toxic Mowing, pruning, blanketing, digging, The salt marsh song and offer better control than glyphosate, hand-pulling, and applying herbicides are just according to Taylor. sparrow, a Bay Area some of the means being used to rid the native listed as a Estuary of invasive Spartina, the monster While the EIR is being finalized, the East California Species of cordgrass threatening intertidal mudflat habi- Bay Regional Park District is working with Special Concern, may be tat. Where once there were only four invasive CALTRANS in the Emeryville and Albany mud- having trouble coping Spartina species competing with the native flats to mow and pull seedheads, and with the rapid changes S. foliosa, now there are many transgressive Hayward Regional Shoreline has purchased an occurring in its tidal salt hybrids—which produce more seed and amphibious vehicle it hopes will facilitate marsh home due to the invasion of pollen than either parent—marching up and future mechanical control and spraying. Atlantic cordgrass (Spartina alterniflora), down the tidal gradient. These hybrid swarms "We've held off using our new machine until according to recent research by U.C. grow fast and large, produce more pollen the EIR comes out and we hear from the Berkeley behavioral ecologist Dr. Cully than the native species, and can self fertilize, agencies involved," says Taylor, who would Nordby. Nordby, who began her study transforming mudflats into like to get to work on Spartina in 2001 under a National Science monocultures of dense grass, in the 364-acre Oro Loma Foundation award to the San Francisco according to U.C. Davis ecolo- Marsh. The 250-acre Cogswell Estuary Institute, is assessing how gist Don Strong. Unchecked, "We have some of Marsh is also fully infested, he S. alterniflora is affecting both song they could destroy foraging says. sparrow and marsh wren populations in areas crucial to shorebirds and the earlier infes- The City of Palo Alto Baylands Bay salt marshes. The study is examining other species, he says. Nature Preserve overcame per- nesting habits, foraging behavior, and The California Coastal tations in our mit problems and is using competition between the two birds in glyphosate, having found mow- order to understand the impacts of the Conservancy is leading the bat- tle against the invasion with a parks—they're ing too labor-intensive. Future invasive cordgrass on native animal methods may include tarping, populations. $2 million CALFED-funded program that earmarks $500,000 growing as we which resident naturalist Prior to the exotic cordgrass invasion, for eradication. The Invasive Deborah Bartens says is not ideal the song sparrow nested and lived as the Spartina Project (ISP) speak—and we because it covers and kills every- main resident of the open-canopied Programmatic EIS/R due out by thing, and because the sediment marshes natural to the Bay. Now, with its year-end will help coordinate can't get out there deposited in just one season by familiar habitat changing into tall, dense manual and mechanical exca- the tides can make the tarps too cordgrass meadows, the song sparrow vation and evaluate eradication to do any control difficult to remove. Taylor says may be sharing its home more frequently methods, such as dredging, tarps placed nearly a decade with a new neighbor, the marsh wren. burning, flaming, drowning work. ago along the Hayward shore- Though the marsh wren is also a Bay and draining, and applying line are covered by a foot of Area native, it usually nests in the dense herbicides. mud, with cordgrass and pickle- reeds found in brackish or freshwater weed growing on top. At Point marshes, defending its territory by break- The ISP will also look at an umbrella permit Reyes National Seashore, S. alterniflora in ing the eggs of other species that live for herbicide use according to ISP’s Peggy Drake's Estero was successfully trampled, then nearby. Nordby hypothesizes that the Olofson. The current permitting process has covered with geotextile fabric to prevent changes brought on by S. alterniflora, will been a costly stumbling block for some agen- regrowth. A lone S. alterniflora clone in favor marsh wrens over song sparrows. cies and landowners. As it stands now, Bolinas Lagoon was dug out with shovels and "We're still trying to sort it out," says National Pollutant Discharge Elimination removed by the Marin County Open Space Nordby. "We have yet to correlate Bay- System (NPDES) permits issued by the S.F. Bay District and Audubon Canyon Ranch biolo- wide distribution and abundance of Regional Water Quality Control Board require gists. wrens and invasive Spartina, but that is that glyphosate (aka Rodeo, Aquamaster), the only EPA-approved aquatic herbicide and ISP biologists are hoping that all these in the works in collaboration with Point efforts will help hold the line against the Reyes Bird Observatory and the California allegedly non-toxic, must undergo standard- ized toxins testing and monitoring. Winds, invader. Says ISP’s Katy Zaremba, "We're try- Coastal Conservancy. I predict that we'll ing to prevent seed spread into outer-coast find a pretty strong correlation." tides, and endangered species concerns, such as the California clapper rail breeding season, marshes and the un-invaded reaches of the The Nature Conservancy recently restrict the timing of herbicide use. Bay." awarded Nordby a Smith Conservation Contact: Katy Zaremba (415)868-1518; Research Fellowship (one of six given "We don't like to spray, but it's the only proven effective method at this time," says Don Strong [email protected]; Mark nationally) to pursue further work on the Taylor [email protected]; Peggy Olofson effects of the S. alterniflora invasion. Hayward Regional Shoreline's Mark Taylor. "We have some of the earlier infestations in [email protected] GS Contact: Dr. Cully Nordby (510) our parks—they're growing as we speak—and 643-3946; [email protected]. we can't get out there to do any control PC Estuary 12-02 12/4/02 11:11 PM Page 3

DEC 3 2002

criteria by the narrowest of margins for the REGULATION first time this year. But that doesn't necessarily mean the species is in good shape, scien- BIRDWATCH SMELT TUG OF WAR tists say. In fact, trawlers came up with only 33 fish this year. If the trawlers had caught CREATIVE COLONIZERS Few fish have caused more angst than the two fewer fish, the smelt would have failed Eight years ago, a handful of black skim- Delta smelt. Its addition to the federal list of to meet the recovery standards. threatened species in 1993 is credited with mers set up housekeeping in the Bay, at forcing California's commercial, municipal, The smelt met the recovery standard this the Hayward Regional Shoreline and the agricultural, and environmental interests to year because extraordinarily high numbers of Ravenswood unit of the Don Edwards S.F. set aside traditional enmities to find a solu- fish–more than 300–were caught last year. Bay National Wildlife Refuge. Unknown in tion to the state's chronic struggles over This year's dramatic drop may have been California before 1962, the birds colonized water allocation. The result was CALFED, the caused by dry weather in the spring, a cru- the Salton Sea from western Mexico, then multi-billion dollar, multi-year program that cial time for smelt. But last year's number coastal Southern California—at least one of marked a historic shift in California's attitude was so high that the average of the two the 1994 Bay breeders may have been toward water. years met recovery standards. hatched in Orange County. Since 1994, CALFED may be sailing smoothly, but the The Bay Institute’s Tina Swanson believes the skimmers have spread to the Alviso smelt are making news again. Recent talk by the agencies need to take another look at the unit of the refuge, Charleston Slough, and the California Farm Bureau and downstream recovery standards to see whether they pro- the Cargill salt ponds. Last April, 16 were water users about removing protection for vide the most reliable gauge for the health of counted at Charleston Slough. These avian the smelt has agency officials and enviros the species. This year's low catch could mean pioneers seem to be maintaining their Bay worried. This October, the smelt met the cri- the smelt is in the midst of a population stronghold, according to Cheryl Strong, teria set for recovery by a scientific team crash rather than a recovery, says Swanson, who monitors colonial waterbirds for the back in the early 1990s, even though the who thinks recovery standards failed to ade- S.F. Bay Bird Observatory, although their number of fish caught by researchers was the quately take into account the boom-and-bust long-term prospects for success here are fifth-lowest since 1967. To enviros, a worst- water supply in the Delta. The annual fresh- uncertain. case scenario is that the smelt could lose fed- water runoff to the Delta averages about 23 Skimmers are named for their feeding eral protection, and measures taken to million acre-feet. But the real numbers vary technique. A skimmer flies with its elongat- restore it be rescinded. One of the most sig- dramatically from year to year, ranging from ed lower mandible trailing in the water; nificant measures was a reduction in the per- six million acre-feet to 60 million acre-feet. when a fish is contacted, the upper bill centage of freshwater pumped by state and Swanson says California’s wildly gyrating snaps down. It’s all done by touch, often federal water projects, from a high of 70% to weather may be influencing Delta smelt in darkness. Unique among birds, this 35%. These cutbacks stay in place from abundance. "These were the first dry years mechanism was independently evolved February to June, when smelt tend to con- we've seen since the recovery criteria were by the long-extinct flying reptile gregate near the pumps. developed and instituted, and the numbers Thalassodromeus. The same scientists who established the have plummeted. If someone were to sug- Strong says the skimmers nest on recovery criteria are now calling them into gest that this is a recovery, it isn't very dredge-spoil islands inaccessible to four- question. Because of the difficulty in tracking durable." footed predators, alongside Forster’s terns the elusive, unpredictable fish, the current On the other side of the issue, down- and American avocets. They may benefit standards merely provide a rough gauge of stream water users and the California Farm from the smaller terns’ aggressive colony the species’ health by comparing the num- Bureau are insisting that U.S. Fish & Wildlife defense. Rather than attacking an intruder, ber of smelt caught at specific locations over officials conduct a review of the smelt, which skimmers, like killdeer and other shore- the years. Nobody knows how many smelt is required every five years under the birds, put on a distraction display. The nest actually live in the Delta. Estimates range Endangered Species Act. Dan Nelson, execu- is nothing fancy, a scrape in the ground from several hundred thousand to 12 million, tive director of the San Luis & Delta- without even a seaweed lining. depending on which scientist one listens to. Mendota Water Authority, cites a recent Strong says 2002 was a bad year for the "In hindsight, I'm uncomfortable with the study estimating that the actual number of birds:10 breeding pairs produced only five targets," says Bruce Herbold of the U.S. EPA. smelt is between one million and 12 million. chicks. Ironically, this may have resulted "At the time, we were trying to be reason- "We think there's a good chance it will show from parents’ attempts to regulate nest able and not rely solely on the luck of the Delta smelt are in a lot better shape than temperatures. Skimmer eggs are highly draw. But I'd probably do things differently they were 20 years ago and that they're out susceptible to heat stress. At the furnace- now." of danger," says Nelson. like Salton Sea, skimmers have been Starting in 1967, Cal Fish & Game has Herbold says that there simply isn’t observed soaking their belly feathers trawled for smelt and other fish at 120 loca- enough information to come up with an before returning to the nest, and eggs tions, from San Pablo Bay to Prisoner's Point accurate count. "I don't think it's a game have been found cemented in silty clay. on the San Joaquin River. Since the smelt worth playing," he warns. "I think there are Strong says this may be happening here received protection in 1993, data from these fewer than the study number, but we lack as well; if so, a trait that evolved when fishing expeditions have been used to deter- some essential information that would allow skimmers bred on sandy beaches may be mine whether the smelt is meeting criteria us to know. I don't fire up my little spread- hampering the birds’ reproductive success set for recovery under the federal sheet and say, no, there are 60,000." in their new home. Contact: Cheryl Strong (408)946-6548 JE Endangered Species Act. The smelt met that continued - back page Estuary 12-02 12/4/02 11:11 PM Page 4

4 DEC 2002

city. Folsom gets this water from the San Juan CONSERVATION Water District, which in turn gets water from OUTREACH the CVP, along with some from pre-1914 water TAKING FOLSOM’S MEASURE rights and some from Placer County. It is over GOTTA GO? TAKE THE OATH this water that Myers feels BurRec is overstep- Folsom voters proved defiant on election day, ping its bounds. Because the pre-1914 water is Some red-faced boaters attending a eschewing federal law to approve a ballot meas- part of what the San Juan Water District sup- recent meeting about organic pollutants ure prohibiting the city from charging residents plies, Myers says, Ashland should have full rights in waterways confessed to having taken a for the amount of water they use and preserv- to this supply without metering. whiz in the water when nature called. ing a flat-rate fee. Supporters of Folsom’s Measure P maintain that it was mainly about Not so fast, says Aiken. "[Under the CVPIA], Sounds harmless, but even a random if someone is getting one drop of CVP water, release can cause problems if enough folks keeping the city from passing the $4.9 million cost of retrofitting more than 6,600 homes with the whole district served by that water must are doing it: synthetic hormones (from have metering." That provision affects the birth control pills and hormone therapy) water meters on to residents. The installation of the meters—and the reading of them—are key 1,200 acre-feet of water from the San Juan secreted in women's urine can be Water District going to Folsom's Ashland area, absorbed by fish, causing physiological components of a long-term regional water use plan that went into effect in 2000. which houses some 4,600 residents who will changes and affecting the reproductive have their water services curtailed in 2005 to ability of male fish. Antibiotics—in both Meter use is also mandated by federal law. levels that Aiken says will maintain the health sexes’ urine—are also turning up. And, The 1992 Central Valley Project Improvement and safety—showering and drinking—needs of while no one admitted to anything but an Act (CVPIA) requires municipalities using water the community. occasional whiz, just one weekend boater from the Central Valley Project (CVP) to install flushing untreated sewage into the meters and charge customers a metered rate Aiken believes this cutback should come as Estuary can produce the same amount of five years after the federal tap starts running. no surprise since BurRec renegotiated its water bacterial pollution as that of 10,000 peo- BurRec has warned that the passage of contract with the San Juan Water District in ple whose sewage passes through a treat- Measure P will mean that parts of Folsom will 1995 to reflect the changes in the 1992 federal ment plant. face water shortages beginning in 2005. law. At the time, Aiken says, the San Juan district was financially unable to meet the five-year Elevated fecal coliform levels are often "The federal government has required meters metering requirement, so BurRec granted it 10 found where recreational boaters congre- not to punish folks but because we live in a years within which to comply with the law. gate, according to federal studies. But ille- water-short state and need to pay for what we gal discharges are difficult to monitor, says take," explains BurRec’s Tom Aiken. Another aspect of Measure P is that it will likely require an amendment to the Water Joan Patton with the S.F. Estuary Project, Currently, Folsom residents pay $16.80 a who adds that "enforcement is a big gap." Forum Agreement the city signed in 2000. The month for unlimited water use. Those with agreement—a non-legally binding contract Offenders should be reported to the har- swimming pools pay an additional $2.20 a bor master or the local sheriff's depart- signed by 40 cities and other municipalities, month, and residents in an annexed area on water suppliers like BurRec, developers, and ment; they can be fined up to $2,000 for the east side of town pay a surcharge of each violation. environmental organizations—has the dual aim $11.75 to cover expenses incurred when the of ensuring a safe, secure water supply while Patton suggests boaters learn how to city had to get a new source of water for the protecting the lower American River. stay out of trouble by perusing the development. Estuary Project’s new boating guides, The lengthy agreement grants permission to At issue in Measure P is 8,200 acre-feet of the various signatories for projects in return for which contain five to-do lists for prevent- water from the CVP, 7,000 of which the city ing pollution, plus maps of 77 pumpout a show of support. In Folsom’s case, the city contracted from BurRec in 1999 to serve new agreed that in exchange for expanding its and 29 portable toilet stations at marinas developments on its east side. Measure P and yacht harbors around the Bay-Delta. water treatment facilities it would implement a author Sara Myers says pre-1914 water water conservation plan. A key element to con- Contact: Boating and Waterways rights—equivalent to 22,000 acre-feet—are servation is water meters, says the city’s (888)326-2822 or www.dbw.ca.gov; more than meeting the current needs of Gordon Tornberg. "We won’t be able to live up Estuary Project (510)622-2406. GS Folsom’s 45,000 residents. Myers also points to to our agreement under the Water Forum additional rights to 5,000 acre-feet, which the without meters, but even if we get them, we city contracted from the Southern California won’t be allowed to use them," says Tornberg. The Clean Captain's Oath Water Company to meet expanding develop- I will not use the Delta as ment. Conservation looms large in the Water a water closet. Forum Agreement. Estimates for total water "The city made a very big blunder when usage took into account all participating cities’ I will pump and dump at obtaining 7,000 acre-feet [of CVP water] for one and municipalities’ growth projections to the a convenient marina receiving station. development in one part of town," explains year 2030. In light of the Water Forum’s goals, I will use vim and vinegar to swab Myers, a one-time Folsom city council member the aims of Measure P appear shortsighted, the decks. and former BurRec spokesperson. "[The CVP says the forum’s executive director Leo water] is not really being tapped into as the Winternitz. I will make merry but be wary town continues to grow." (accidents lead to spills). "The problem now is that you plan for the While all parties agree the city is not currently I will deliver my trash to onshore receptacles. future," Winternitz explains. "If Folsom loses using 7,000 acre-feet of the CVP water, water [CVP water] now, chances are they aren’t I will share these wise words and maps with for Folsom’s Ashland area is provided by the fellow seadogs and mariners. continued - back page Estuary 12-02 12/4/02 11:11 PM Page 5

DEC 5 2002

been waiting for the flows agreed upon in the MANAGEMENT Trinity Record of Decision (ROD) signed by Bruce Babbitt in 2000 to finally be given back THEMONITOR CHAOS AT THE CONFLUENCE to the river. The ROD was based on years of careful studies, and under it, Trinity flows could BOARD TESTS BUGS The catastrophic dieoff of 30,000-plus fish have been managed to help fish while still this past September caused a tsunami-sized rip- allowing Central Valley Project (CVP) diversions In May 2000, shortly after ple in the debate over how the Klamath River of more than half of the river’s flow to down- the release of new protocols and its troubled tributary, the Trinity, are being stream ag and hydropower, according to the for assessing streams using managed. Critics blame the dieoff on the Resources Agency’s Tim Ramirez. aquatic insects, Andree Department of the Interior’s export of full water Breaux of the S.F. Bay But farmers in the Westlands Water District, deliveries this year to over 200,000 acres of irri- Regional Water Quality the Sacramento Municipal Utility District, and gated farmland in the upper Klamath Basin, an Control Board waded into the Northern California Power Agency (which act that cut flows for salmon on the main stem the East Bay’s Wildcat and includes such cities and agencies as Palo Alto, river. Some say that had there been more water San Leandro creeks to col- Santa Clara, Alameda, the Port of Oakland and in the Trinity, fewer fish would have been killed lect bugs, the start of a five- BART)—filed a lawsuit in early 2001 over the since all the fish died just downstream of the year study to track macroinvertebrates and ROD asking that the new and higher instream Trinity-Klamath confluence. Electronic tags determine whether or not bioassessment flow schedule for the Trinity not be implement- recovered on the fish also showed that many of is a reliable water quality assessment tool. them were returning to the Trinity to spawn. ed for two reasons. First, they argued, diverting less water from the Trinity to the Sacramento Breaux says bugs can answer questions "There’s no doubt in my mind that there River (Trinity water is sent to the Sacramento about land use impacts that other forms would have been less mortality if there was via a tunnel in the Coast Range) could harm of monitoring can’t. Because bugs are in more flow in the Trinity," says Tom Stokely of downstream Delta smelt, Sacramento splittail, the stream for a long time, says Breaux, the Trinity County Planning Department. and winter-run Chinook salmon; and second, they can reveal more about conditions Stokely cites a June 2001 draft U.S. Fish & the impacts on hydropower production needed than snapshot-style chemical testing. Wildlife report that concluded that increased to be further analyzed. The judge agreed, and Breaux hired Monique Born of the releases from the Trinity August through directed that a supplemental EIS (SEIS) be pre- Sustainable Land Stewardship Institute to September would have lowered temperatures pared by BurRec, the Hoopa Valley Tribe, and assist with field sampling and taxonomic in the Klamath by at least one degree Celsius, U.S. Fish & Wildlife. He also ordered that flows analyses. Born and Jim Harrington making a big difference for fish. in the Trinity be capped at the lowest levels authored "Measuring the Health of The fish kill struck a nerve with restora- allowed under the driest conditions in the ROD California Streams and Rivers," a bioassess- tionists, resource managers, fishers, and the until the SEIS is completed. ment manual published by Cal Fish & Game in 2000. To measure water quality, Hoopa Valley and Yurok tribes who have all But the SEIS is stalled, frus- Born and Harrington recommend standard trating river advocates and TRINITY RIVER DIVERSION indices, such as richness of pollution-sensi- resource managers. According tive species, but they have also developed to a strongly worded letter Klamath River California-specific metrics, such as calcu- CVP sent in October by California Tunnel lating percentages of more pollution-toler- Secretary for Resources Mary ant caddisfly and mayfly families. Nichols to Gale Norton, Trinity River Secretary of the Interior, Another question Breaux set out to BurRec is attempting to go answer is whether bioassessment protocols Sacramento River beyond the scope of what the work for urban streams. So far, she says, judge required in an apparent the answer is yes. Results of her study to attempt to delay implementa- date conform to expectations for Bay Area tion of the ROD. The Nichols streams: benthic macroinvertebrate com- letter asks that BurRec communities are more diverse upstream—with plete its work on the SEIS so one exception. The uppermost site on that the ROD can be imple- Wildcat Creek in Tilden Park turned out to Bay-Delta be the poorest in diversity. It is adjacent to San Joaquin River mented during the next water season. a picnic area where dogs roam free; Breaux blames the low insect counts on Delta- Mendota "Implementing the Trinity lack of vegetation along—and dogs in— River ROD will also benefit the Canal the creek. She added to her study a site Pacific lower Klamath River, as the away from public use, where she has Ocean Trinity is its largest tributary," found higher counts of sensitive species. writes Nichols. The study, funded by the California Stokely puts it more directly. Westlands Coastal Conservancy, continues through WD "Officially, there have been no 2004. overt attempts to delay, but it Contact: Andree Breaux (510)622-2324 took BurRec nearly a year after AH continued - page 6 Estuary 12-02 12/4/02 11:11 PM Page 6

6 DEC 2002

MANAGEMENT - CONTINUED opinion, which will almost certainly be there was no scientific support for reducing the judge’s initial ruling to hire a contractor appealed by one side or the other. main stem flows, as proposed and imple- to do the SEIS. Clearly, any delay in prepar- And the fight over flows doesn’t stop mented by BurRec. "We have advocates for ing the SEIS gives Westlands and others that there. Environmental Defense has sent a the fish and the farmers both pointing to many more years of benefits from Trinity letter signed by a dozen environmental the NRC report saying, ‘See, the science water and more opportunities to derail the groups asking the members of the supports our position.’ But that’s not the ROD in the courts or in Congress." Northern California Power Agency and role of science. Science doesn’t make poli- SMUD to drop their lawsuit. The cy; it informs policymakers. And as much as When the fish dieoff began, the Trinity people might like it to, science doesn't Management Council (of which the Hoopa hydropower benefits to cities like Santa Clara and Palo Alto would be reduced by a eliminate uncertainty; it narrows the gap in Valley tribe is a member) asked the Secretary knowledge. That's why we need to manage of the Interior to increase flows in both the very small percentage, according to Environmental Defense’s Spreck adaptively and learn from our decisions," Klamath and the Trinity. Ramirez says. BurRec was the only Rosekrans. California congress- member voting against man Mike Thompson recently Stokely says adaptive management is the motion, Stokely Clearly, any delay in jumped into the pool of contro- exactly what didn’t happen this past fall at points out. BurRec versy, introducing legislation to the confluence of the two rivers. He claimed that extra preparing the SEIS boost flows in the Klamath and remains bitter over the fish kill—and feels releases into the Trinity gives Westlands and to provide emergency assis- that, contrary to popular opinion, were prohibited under tance to tribes and fishers hit California water wars have not ended—but the lawsuit filed by others that many more hard by the fish kill. That legis- just begun. "There was very little in Prop Westlands, et al., and lation, too, is likely to be 50 for the North Coast or the Trinity," says initially refused to years of benefits from opposed by farmers, with the Stokely, referring to the $825 million voters release more water into Trinity water Klamath Water Users Association just gave CALFED (the cooperative state- the Klamath. Later, the claiming that the science being federal effort to balance the state’s compet- agency released a two- used to justify the higher flows ing demands for water) in November. He week "pulse" of water is flawed. But Ramirez is worried says support for CALFED on the North down the Klamath, but it was too little, too that "science" is being twisted to make Coast has been jeopardized by Westlands’ late for the fish. This debacle is symbolic of policy calls. actions related to the Trinity. "Their preda- the way BurRec has mismanaged the After the 2001 drought left farmers in tory tactics have upset the delicate balance Klamath-Trinity system over the past several the Klamath Basin without any water from between environmental and other con- decades, say Stokely and others. the Klamath, the Department of Interior sumptive uses of CVP water and under- asked that the National Research Council mined the CALFED baseline for the Trinity But not everyone is convinced that low and B2. This threatens forward movement river flows caused the catastrophe. Says (NRC) review the material used by BurRec and the National Marine Fisheries Service on CALFED because all parties aren’t get- Westlands’ Thomas Birmingham, "The fish ting better together, and there are redirect- kill was certainly unfortunate, but before (NMFS) to develop an operations plan for 2002. In a controversial interim report, the ed impacts of Delta exports. The dead fish people start pointing fingers, it’s important are a redirected impact." to determine the cause." Birmingham is NRC panel found no scientific support for waiting for the results of a study on the increasing minimum flows, as recommend- Contact: Tom Stokely (530)628-5949; cause of the dieoff. Other downstream ed by NMFS.However, as Ramirez points Tim Ramirez (916)653-5656; Thomas users—such as the San Luis & Delta- out, the interim report also found that Birmingham (559)224-1523 LOV Mendota Water Authority—claim that the same amount of water was released in the PER CAPITA ANNUAL HYDROPOWER BENEFITS FOR NCPA CITIES ($/YEAR) Trinity this year as would have been under (UNDER TRINITY RIVER RESTORATION PLAN) the ROD. $180

Technically that may be true, says 160 Reduction in Benefit Ramirez, but under the ROD, there is room Remaining Benefit for more flexibility in implementation than 140 BurRec allowed. 120 "The volume is firm, but the schedule is flexible," explains Ramirez. "The river gets 100 so much water, but the intent is to manage the system adaptively." 80 In April, spurred by BurRec’s delay in conducting the SEIS, the Hoopa Valley and 60 Yurok tribes asked the judge to release 40 more water into the Trinity as outlined in the ROD. The judge, apparently annoyed 20 by the delays with the SEIS, held a summa- ry judgement hearing in August 2002, but 0 Santa Palo Redding Roseville Alameda Lodi Gridley Oakland Biggs Lompoc Healdsburg the parties are still waiting for his written Clara Alto Estuary 12-02 12/4/02 11:11 PM Page 7

OCT 7 PLACES TO GO & HANDS ON 2002

THINGS TO DO DEC CHRISTMAS BIRD COUNT MANY DA Topic: 103rd season that Audubon citizen INPRINT scientists inventory bird populations in their NOW&ONLINE 14 communities WORKSHOPS & SEMINARS THRU CVPIA Land Retirement Demonstration Project YS JAN Location: throughout Bay Area (contact 2001 Annual Report. sponsor) The U.S. Department of the Interior CVPIA Land JAN 2nd BIENNIAL CALFED Sponsor: National Audubon Society Retirement Program. TUES — THURS SCIENCE CONFERENCE 5 www.audubon.org/bird/cbc www.mp.usbr.gov/regional/landret/2001annrpt.html Topic: Advances in Science and or Bob May (559)487-5137 DEC WETLANDS RESTORATION 14 Restoration in the Bay, Delta and Draft Economic Analysis on Critical Habitat for THRU Watershed SA Topic: Restore East Bay wetlands Coastal Plants. T Sponsor: CALFED Bay-Delta Program Sponsor: Save the Bay November 2002. U.S. Fish & Wildlife Service. 16 Location: Sacramento 21 Location: Martin Luther King Jr. Shoreline, http://sacramento.fws.gov http://iep.water.ca.gov/calfed/sciconf/2003 Oakland www.savesfbay.org/calendar.html Draft Economic Analysis on Proposed Critical Habitat for Vernal Pool Species. FEB CONSERVATION November 2002. U.S. Fish & Wildlife Service. SA BIOLOGY SYMPOSIUM DEC SOLSTICE PADDLE http://sacramento.fws.gov SA T Topic: 5th annual symposium, with Topic: Welcome migrating shorebirds back 1 keynote speakers Peter Kareiva, The T to the Bay Area Draft Program EIR: Expansion of Ferry Service in Nature Conservancy, and Tyrone Hayes, 21 Sponsor: Save the Bay the San Francisco Bay Area. U.C. Berkeley Location: Arrowhead Marsh, Oakland Public comment period extended through Jan. 30. Sponsor: The Society for Conservation www.savesfbay.org/calendar.html www.watertransit.org Biology, Berkeley Chapter Evaluating the Ecological Condition of the South Location: U.C. Berkeley DEC HOLIDAY PADDLE Bay: A Potential Assessment Approach. www.cnr.berkeley.edu/consbio/symposium SA Topic: Enjoy the peace of the wetlands as July 2002. Center for Ecosystem Management and T you paddle around Hook Island Restoration. FEB 2003 CLEAN WATER SYMPOSIUM 28 Sponsor: Save the Bay www.cemar.org or (510)420-4565 WED Topic: Integrated pest management and Location: Palo Alto A Jewel in the Pacific Flyway: The Story of Gray 5 water quality www.savesfbay.org/calendar.htm Lodge Wildlife Area. Sponsor: The Alameda County Clean John Cowan. California Waterfowl Association. www.cal- Water Program JAN SALMON WALK waterfowl.org or (916)648-1406 Location: Oakland Museum of California SA Topic: Observe salmon habitat

T Oak Woodland Bird Conservation Plan. Carol Thornton, [email protected] Sponsor: Save the Bay 2002. California Oak Foundation. (510)763-0282 or (510)622-2419 11 Location: Alameda Creek http://www.californiaoaks.org/html/merch2.html www.savesfbay.org/calendar.html Paving Our Way to Water Shortages: How Sprawl Aggravates Drought. American Rivers/Natural Resources Defense SMALL GRANTS AWARDED Council/Smart Growth America. Friends of Orinda Creeks www.amrivers.org/landuse/sprawldroughtreport.htm The San Francisco Estuary Project is pleased to Flood Design Adequacy Evaluation, $10,000 announce the following awards from its new Small The State of the Nation's Ecosystems. Grants Program. A total of $111,507 will be used to Friends of Corte Madera Creek Cambridge University Press. Heinz Center for Science, Watershed Plan Restoration of College of Marin Ecology Study Area, Economics and the Environment. improve water quality and natural habitat throughout Environmental Outreach, $6,000 the Bay Area, thanks to an allocation from the U.S. www.heinzctr.org/ecosystems EPA. For more information, call Carol Thornton, Dept. of Health Serv., Environmental Health Investigation Branch or (202)737-6307 (510)622-2419. S.F. Bay Fish Outreach and Education Project, $10,000 Water Education Posters: Wetlands, Water Use, Joyce Blueford, Ph.D. Alameda Creek Alliance Wastewater, Navigation, Ground Water, Water Community and Industry Awareness of Ecological Indicators along Alameda Creek Steelhead Restoration Project, $3,000 Quality for elementary and middle school students. Mud Slough, Southern S.F. Bay, $5,000 Strawberry Creek Lodge Foundation U.S. Geological Survey. Friends of Five Creeks Strawberry Creek Restoration and Outreach Project, $4,800 http://water.usgs.gov/outreach/OutReach.html Restoration of Cerrito Creek at El Cerrito Plaza, or (888)ASK-USGS Maximizing Volunteer Involvement, $3,000 The Bay Institute Publication: Bay-Delta Ecological Scorecard, $10,000 Santa Clara Valley Audubon Society A Year in the Life of Lake Merritt. Wetlands and Woodlands Discovery Program, $3,900 Alhambra Creek Watershed Action Group October 2002. Lake Merritt Institute. (510)238-2290 Watershed Map to Promote Awareness and Stewardship, $7,490 Santa Clara Valley Audubon Society Stormwater Erosion Elimination Program (SWEEP), $5,000 Save the Bay Canoes in Sloughs Watershed Education Program, $5,000 DECEMBER THRU AUGUST Urban Creeks Council Urban Creek Restoration Environmental Education Program, $9,150 Bay Area Open Space Council Research and Education Strategy for Reducing Water Quality Impacts PHOTO EXHIBIT City of Fremont of Surface Runoff from Transportation Facilities, $5,000 Stivers Lagoon Educational Enhancement Project, $6,667.42 Topic: Hidden Treasures of SF Bay Golden Gate Audubon Society Sponsor: Dennis Anderson Photography and S.F. Bay Bird Observatory Alameda National Wildlife Refuge Stewardship Education Program, California Academy of Sciences $7,500 Birds and Bioaccumulation in the Bay, $10,000 Location: California Academy of Sciences, Golden Gate Park www.bluewaterpictures.com Estuary 12-02 12/4/02 11:11 PM Page 8

8 DEC 2002

CONSERVATION CONTINUED REGULATION CONTINUED SEND going to get it back, and they’ll have to The dearth of hard information suggests YOUR FRIENDS have it to meet their projected planning that removing the smelt from the federal AND CO-WORKERS water needs in 2030." threatened species list would be premature, Myers is mostly undaunted at the according to Kevin Fleming, a biologist with ESTUARY NEWSLETTER prospect of losing the CVP water. Cal Fish & Game. "Once you delist, you lose FOR FREE! Nonetheless, she is thinking about other any hammer," says Fleming. Help us get ESTUARY newsletter to water sources for the Ashland area. "If the After U.S. Fish & Wildlife reviews the more people like you!!! city was creative, it would make a deal with smelt’s status, water users may have cause to private well owners to serve Ashland if they recall the old adage "Be careful what you To expand our readership and meet chose to do it," Myers says. wish for, you just might get it." In addition to our public outreach goals, we are determining whether the species is still in offering ESTUARY FREE for one entire Developing a private well for public water use is complicated, explains trouble, scientists may re-think the criteria for year — 6 issues — to anyone interest- recovery. This may not necessarily mean ed in our newsletter. Tornberg. It requires checking to see whether there’s an adequate sanitary seal, more water for the pumps. "They darn well Please email or fax us the names whether groundwater is adequate, and better re-think, especially if they're going to and addresses of anyone in your whether treatment is needed, among other have any integrity about using science," says organization who you know would like things. But figuring out how to deal with Swanson. to receive it!!!!! water supply in a post-Measure P world is Contact: Bruce Herbold (415)972-3460; Attn: Feliciana, Estuary Newsletter equally complex and will require much Tina Swanson (415)721-7680 SZ Free Subscription, fax (510)622-2501 attention in the coming months. or [email protected] Contact: Gordon Tornberg (916)355-7370; Sara Myers (916)988-8298; Tom Aiken (916)988-1707 KC

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ESTUARY is a bimonthly publication dedicated to providing an independent news source on Bay-Delta water issues, estuarine restoration efforts and implementation of the S.F. Estuary Project’s Comprehensive Conservation and Management Plan (CCMP). It seeks to represent the many voices and viewpoints that contributed to the CCMP’s development. ESTUARY is funded by individual and organizational subscriptions and by grants from diverse state and federal government agencies and local interest groups. Administrative services are provided by the S.F. Estuary Project and Friends of the S.F. Estuary, a nonprofit corporation. Views expressed may not necessarily reflect those of staff, advisors or committee members.