Smelt ruling could spell scarcer and pricier water

FRESNO – A federal court order finalized Friday could mean millions of Californians will have to get accustomed to spending more money on less water – and soon.

The order by U.S. District Judge Oliver Wanger, based in Fresno, wraps up his August decision in favor of the Natural Resources Defense Council. The environmental group sued state and federal agencies that pump water out of the Sacramento-San Joaquin Delta.

Wanger ruled that those agencies failed to adequately protect the Delta smelt, a fragile fingerling listed as "threatened" under the Endangered Species Act. His final order in the case Friday could result in a 30 percent reduction in water pumped out of the Delta starting as soon as Christmas Day.

"I truly believe this water crisis is going to make the power crisis pale in comparison," said Tom Birmingham, general manager of Westlands Water District.

The Delta, a 700,000-acre maze of islands and canals, is the hub of the state's water system. A funnel for runoff from north-state mountains, its waters irrigate more than 2 million acres of farmland and provide some of the drinking water enjoyed by 23 million Californians. The two pumping systems near Tracy deliver much of this water to Southern California via canal networks.

Wanger's ruling sets new operating limits for the pumping systems and also requires new steps to monitor young Delta smelt, whose deaths have gone undetected at the pumps for years.

The decision means many parts of the Bay Area and Southern California will get less water from the Delta. As a result, they may have to seek additional supplies from other sources, which could drive up water bills.

It is also likely some of these agencies will impose mandatory rationing measures, said Fiona Hutton, spokeswoman for water contractors who buy Delta water from the state Department of Water Resources. This is especially likely if the current winter proves to be dry.

Her association expects the ruling will cause a 30 percent reduction in water deliveries. Millions of Californians, she said, will need to change their lifestyles in response.

"Look, it's a drought year," she said. "You've got significant water supply restrictions coming down the pipeline. Californians just simply have to function differently than they have been."

Birmingham of Westlands Water District said a 15 to 20 percent reduction in water supplies is likely.

The district, the largest contractor on the U.S. Bureau of Reclamation system, was already expecting only half its normal deliveries because of drought conditions. Birmingham believes the double-whammy will mean a hit to the state's economy "well in excess" of $1 billion.

"We expect there will be a significant amount of land fallowed," Birmingham said. "Not knowing what your water supply is going to be makes it impossible to plan for the upcoming growing season."

The ruling requires the agencies to ensure certain flow conditions to keep smelt and other fish away from the pumps, which suck thousands of fish to their deaths every year. In practice, this means pumping must be reduced.

"It's a step in the right direction," said Kate Poole, attorney for the plaintiffs. "We wish the agencies had taken more protective actions sooner."

The Delta smelt remains at historic lows in an annual fall survey that is still under way. Several other species are also declining.

The order requires the pumping changes to remain in effect through June 20. But it's likely some version of the changes will become permanent, because the judge's ruling will influence a new operating plan for the water systems now in the works. He imposed a Sept. 12 deadline for the completion of that plan.

Peter Gleick, president of the Pacific Institute, a think tank based in Oakland, called the court decision "a long-overdue water wake-up call."

"The only reason this is in the courts is because we've failed as a society to adequately manage our water," said Gleick. "We've been living as though water is an inexhaustible resource. But it's a limited, precious resource."

He hopes the decision forces California to make choices about what to grow in each of the state's unique climate regions – both in cities and on farms – and conduct a full and open accounting of the state's groundwater resources.

Jerry Johns, deputy director of the state Department of Water Resources, said his agency plans to do more modeling next week to determine what the judge's order means in terms of water cutbacks.

It won't be as grim as first expected, he said, because San Luis Reservoir near Los Banos has recovered much of its storage since summer.

The state recently forecasted that deliveries would reach only 25 percent of contracted amounts in 2008. That is not unusual for the first forecast of the season, and the prediction typically grows as winter rains fill the state's reservoirs.

But Johns said this year there are "few prospects" the forecast will grow dramatically, especially if dry weather continues.

He expects Wanger's order will result in water delivery reductions in the "high 20 percents" for areas that depend on the Delta.

"Everybody should be planning as if next year is going to be a dry year," Johns said. "Everybody ought to be doing water conservation and getting plans together to get through this next year."

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• Call The Bee's Matt Weiser, (916) 321-1264. John Ellis reported from Fresno.