XAVIER BECERRA State ofCalifornia Attorney General DEPARTMENT OF JUSTICE 1300 I STREET, SUITE 125 P.O. BOX 944255 SACRAMENTO, CA 94244-2550 Telephone: (916) 210-7827 Facsimile: (916) 322-5609 E-Mail:
[email protected] February 20, 2020 Via Certified Mail (Priority), Return Receipt Requested David Bernhardt Secretary ofthe Interior Department of the Interior 1849 C St., NW Washington, D.C. 20240 Wilbur Ross Secretary of Commerce Department of Commerce 1401 Constitution Ave., NW Washington, D.C. 20230 Brenda Burman Commissioner Bureau of Reclamation 1849 C St., NW Washington, D. C. 20240 RE: Potential Reclamation Action Following Final Enviromnental Impact Statement Regarding Reinitiation of Consultation on the Coordinated Long-Tenn Operation ofthe Central Valley Project and State Water Project Dear Secretary Bernhardt, Secretary Ross, and Commissioner Burman: This letter provides written notice that the California Natural Resources Agency, the California Environmental Protection Agency, and the California Attorney General intend to initiate litigation against the Bureau of Reclamation (Reclamation) for violating the Endangered Species Act in its proposed operation of the Central Valley Project. See 16 U.S.C. § l 540(g)(l )(A), (2)(A). This decision is not made lightly. We appreciate the fruitful discussions concerning our many shared interests in the Bay-Delta in which we have been engaged and which we continue to hope will yield a final agreement concerning this complex matter. Rest assured, the State of California remains committed to this productive process. Nevertheless, on February 19, 2020, Reclamation issued a Record of Decision adopting the fatally flawed biological opinions issued by the U.S.