State water officials have asked the federal government to rewrite rules protecting the Delta smelt, claiming new research suggests the threatened fish may not be as vulnerable to water diversions as previously believed.
The Department of Water Resources asked for the review in a letter sent to the U.S. Fish and Wildlife Service late Thursday. The rules to protect the smelt, a native of the Sacramento-San Joaquin Delta, govern both state and federal water delivery operations in the estuary, a source of drinking water for 23 million Californians.
The protective rules were imposed by the wildlife service in December, following a court order that declared previous restrictions inadequate.
DWR cites new research indicating that Liberty Island, a flooded tract at the southern tip of the Sacramento River's Yolo Bypass, is an important refuge for smelt. The research, which is unpublished and ongoing, suggests smelt use the island as habitat year-round. The agency claims this population is less vulnerable to Delta water management operations, and therefore some provisions of the new rules are unnecessary.
In particular, DWR objects to rules governing certain fall-season conditions, which could require water releases from the state's Oroville Reservoir to improve aquatic habitat for the fish. These releases, said DWR Deputy Director Jerry Johns, might result in a loss of 400,000 acre-feet of water in some years, or enough water to serve nearly 1 million households for a year.
The findings on Liberty Island, he said, "basically indicates there are other ways to address the issues with Delta smelt than continuing to throw large amounts of water at it."
Fish and Wildlife Service officials haven't reviewed the request and had no comment, spokesman Steve Martarano said.
Call The Bee's Matt Weiser, (916) 321-1264.
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