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The Center for Environmental Science, Accuracy and Reliability (CESAR), has filed lawsuits against the state and federal governments over the death of the Delta Smelt. According to CESAR, California and the Feds broke the Endangered Species Act of 1973 when it installed and removed a barrier in the Delta.
Because the California drought was contaminating water and creating a water quality issue, the State Water Resources Control Board installed the barrier, which prevented salty water from reaching the Sacramento-San Joaquin Delta.
“We were able to save about 90,000 acre-feet in upstream reservoirs for the last quarter of 2015 and for fish releases,” Paul Marshall, chief of the Department of Water Resources Bay Delta office, told Courthouse News.
According to CESAR’s attorney, Leah Zabel, the government violated the Endangered Species Act by failing to consult the 2008 Biological Opinion of the Coordinated Operations of the Central Valley Project and State Water Project. Because the barrier changed the waters’ salinity, which is necessary for the Delta Smelt’s survival, the state and feds should have consulted the opinions found in 2008.
Although the barrier has been removed, CESAR is concerned more fish will die if the barrier is reinstalled in the future.
“What we understand is that they basically intend to install barriers without a consultation, as they did here. It appears they will continue to use this as a drought control measure,” Zabel told Courthouse News.
