Stockton — On March 15, Sacramento Superior Court Judge Stephen Acquisto ruled in favor of the State Water Resource Control Board’s 2018 Bay Delta Plan update, denying all 116 claims by petitioners.
In December 2018, the State Water Resources Control Plan adopted revised flow objectives for the San Joaquin River and its three major tributaries, the Stanislaus, Tuolumne, and Merced rivers,” according to Maven’s Notebook: mavensnotebook.com/...
“The new flow objectives provide for increased flows on the three tributaries to help revive and protect native fall-run migratory fish populations. The Board also adopted a revised south Delta salinity objectives, increasing the level of salinity allowed from April to August.
“Several petitions were filed in several counties challenging the Board’s action. Most hold water rights on the tributaries or represent those reliant on water from the tributaries for ag or municipal uses. A few petitioners represented environmental interests.
“The claims were brought under the Porter Cologne Act, CEQA, the public trust doctrine, and article X, section 2 of the California Constitution. Most petitioners challenged the flow objectives, with some saying the Board’s objectives required too much water to be released while others argued the new flow objectives did not require enough water to be released. A few challenged the revised southern Delta salinity objective, saying it would degrade water quality and harm crops.”
Collectively, there were 116 claims and administrative record totalling over 770,000 pages.
Judge Acquisto denied all claims, stating in the court’s conclusion: “The Court has endeavored to address all of petitioner’s pending 116 claims. But given the volume of claims, and the nuanced points many of them present, it is possible that not all claims have been addressed to the satisfaction of all parties.
“It is also possible that certain claims were not specifically addressed. The Court, however, has carefully considered all pending claims, and if any claims were not specifically addressed in this order, the Court did not find them persuasive. Accordingly, as discussed in this order, petitioners’ claims are all denied,” Aquisto concluded.
Responding to the ruling, Restore the Delta said the recent ruling upholding the Bay-Delta Plan “marks a significant milestone in the ongoing efforts to protect the delicate balance of our state's water resources and ecosystems. As the court affirmed, science-based flow standards are essential for safeguarding the health of the Delta and its vital ecosystems.”
However, amidst this legal validation, the groups said “concerns arise regarding Governor Newsom's approach to implementing the Bay-Delta Plan. While the court's decision underscores the importance of prioritizing environmental stewardship, Governor Newsom's delay in completing and implementing the plan in favor of voluntary agreements raises serious questions.”
"While not fully protective of the estuary, the ruling to uphold the Bay-Delta Plan shows that science-based flow standards for the Delta matter and underscores the necessity of prioritizing science-driven policies to ensure the well-being of our communities and the sustainability of our ecosystems,” said Barbara Barrigan-Parrilla, Executive Director with Restore the Delta, in a statement:
“We urge Governor Newsom to reconsider his approach and prioritize the implementation of the Bay-Delta Plan in its entirety, ensuring that the health of the Delta and the interests of our communities are adequately safeguarded. Environmental stewardship should not be compromised for political expediency, and we call on the governor to honor the court's ruling and uphold the integrity of our state's water management policies,” she stated.