[env-trinity] Sacramento Valley farmers lose area-of-origin lawsuit

[Dan Bacher]

That really sucks!

dan
On Aug 2, 2011, at 3:08 PM, Tom Stokely wrote:

> Sacramento Valley farmers lose area-of-origin lawsuit
>
> By HEATHER HACKING - Staff Writer
> Posted: 08/02/2011 12:07:05 AM PDT
> http://www.chicoer.com/news/ci_18599434
>
>
> FRESNO — A case for area-of-origin water rights in the Sacramento  
> Valley was shot down Friday by a federal court judge.
> The Tehama-Colusa Canal Authority, with landowners in Tehama,  
> Glenn, Colusa, and Yolo counties, made the case that its water  
> users should have priority in dry years over federal water  
> contractors south of the Delta.
> In 10 of the past 33 years, Tehama-Colusa has received less than  
> its full water contract, causing shortages on the 150,000 acres of  
> land it services, water managers said.
> The issue dates back to assurances made when water infrastructure  
> was built to deliver water throughout the state, said water  
> attorney Steve Saxton of the firm Downy Brand, and even further  
> back than that, back to the 1920s.
> At the crux of the argument is California Water Code 11460. It  
> states that in an "area wherein water originates, or an area  
> immediately adjacent thereto which can conveniently be supplied  
> with water," the area "shall not be deprived by the department  
> directly or indirectly of the prior right to all of the water  
> reasonably required ..." for beneficial needs.
> These are the state rules, and the Central Valley Project is  
> federally operated by the Bureau of Reclamation.
> However, there are also rules that require the federal government  
> to follow state law, Saxton explained.
> In 2006 a water case worked its way through the court system,  
> providing what is called "the Roby decision." In this case,  
> California appellate Judge Ronald Roby
>
>
> ruled that the federal Bureau of Reclamation was required to follow  
> those state rules, Saxton continued.
> This provided some new case law for Tehama-Colusa to file the most  
> recent lawsuit.
> But the two cases were not identical, and last week U.S. District  
> Court Judge Oliver Wanger ruled against Tehama-Colusa's legal  
> arguments.
> After the loss of the case, Tehama-Colusa's board will meet and  
> decide whether to appeal the decision, General Manager Jeff Sutton  
> said.
> Saxton said the basis for Wanger's decision was that offering area- 
> of-origin priority to Tehama-Colusa would "interfere with the  
> congressional direction of the Bureau of Reclamation to operate the  
> (Central Valley Project) for the widest public benefit," Saxton said.
> The judge's decision is 88 pages, and the attorney said he'll be  
> reading through it very carefully.
> Tehama-Colusa's argument was that before water is exported out of  
> the Sacramento Valley, the local water authority should receive 100  
> percent of its water.
> "The judge disagreed," Saxton said.
> Sutton said now is a very critical time for water rights  
> protection."With several state processes and congressional  
> legislation coming out" there are attempts "to find more solutions  
> to export more water out of the Sacramento Valley."
> If laws and assurances given to water users "are rendered  
> meaningless, it could have huge impacts to north state water  
> supplies," Sutton, of Tehama-Colusa, said.
> Tehama-Colusa Canal Authority, based in Willows, is a joint powers  
> authority that includes 17 water districts, and a system of canals  
> covering 140 miles.
> The Central Valley Project, operated by the federal government and  
> including Shasta Dam, is separate from the State Water Project,  
> which is operated by the state and includes Lake Oroville.
>
> Staff writer Heather Hacking can be reached at 896-7758 or  
> hhacking at chicoer.com.
>
>
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