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<title>NoTunnel</title>
<link>https://www.dailykos.com/news/NoTunnel</link>
<description>News Community Action</description>
<copyright>Copyright 2005 - Steal what you want</copyright>
<pubDate>Sun, 26 Jan 2020 03:32:46 +0000</pubDate>
<lastBuildDate>Sun, 26 Jan 2020 03:32:46 +0000</lastBuildDate>
<managingEditor>Daily Kos rss@dailykos.com (Daily Kos)</managingEditor>
<webMaster>Daily Kos rss@dailykos.com (Daily Kos)</webMaster>

<item>
<title>Public process to negotiate amendments to SWP contracts for a new Delta Tunnel project begins today</title>
<link>https://www.dailykos.com/story/2019/7/24/1874008/-Public-process-to-negotiate-amendments-to-SWP-contracts-for-a-new-Delta-Tunnel-project-begins-today</link>
<description>&#x3C;p&#x3E;The Department of Water Resources on July 9 announced the beginning of the &#x201C;public process&#x201D; to negotiate proposed amendments to the State Water Project water supply contracts for a new Delta Conveyance facility, AKA Delta Tunnel.&#x3C;/p&#x3E;

&#x3C;p&#x3E;The Gavin Newsom Administration, after deciding to no longer support Governor Jerry Brown&#x2019;s Twin Tunnels project, is forging ahead with a one Delta Tunnel proposal as part of Newsom&#x2019;s Water Portfolio program.&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x201C;The Department of Water Resources (DWR) and the State Water Project (SWP) Contractors plan to begin a public process to negotiate proposed amendments to the SWP water supply contracts for a new Delta Conveyance facility,&#x201D; according to DWR. &#x201C;The announcement for the first negotiation session, which is scheduled for July 24, 2019 at 10:00 a.m. at the DoubleTree by Hilton Hotel, 2001 Point W Way, Sacramento, CA 95818 can be accessed &#x3C;a href=&#x22;https://water.ca.gov/News/Public-Notices/July-19/Public-Meetings-for-Delta-Conveyance&#x22;&#x3E;here&#x3C;/a&#x3E;.&#x201D;&#x3C;/p&#x3E;

&#x3C;p&#x3E;Public parking is available onsite for a fee of $10.&#x3C;/p&#x3E;

&#x3C;p&#x3E;Members of the public also may participate via conference call:&#x3C;/p&#x3E;

&#x3C;p&#x3E;PHONE LINE: 719-359-4032&#x3C;/p&#x3E;

&#x3C;p&#x3E;ACCESS CODE: 474346#&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;em&#x3E;Agenda, ground rules and webinar/remote listening information &#x3C;/em&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;Here are the agenda, ground rules and webinar/remote listening information for tomorrow&#x2019;s public meeting regarding the State Water Contract Amendment for the Delta Tunnel project from the Department of Water Resources:&#x3C;/p&#x3E;

&#x3C;p&#x3E;SWP CONTRACT NEGOTIATIONS: Agenda, ground rules, and webinar/remote listening information&#x3C;/p&#x3E;

&#x3C;div&#x3E;
&#x3C;p&#x3E;The draft agenda for the SWP Contract Amendment for Delta Conveyance meeting on Wednesday, July 24th is here: &#x3C;a href=&#x22;https://mavensnotebook.com/wp-content/uploads/2019/07/003_July-24-2019-Agenda-Ground-Rules_final.pdf&#x22; target=&#x22;_blank&#x22;&#x3E;Click here for the agenda and ground rules document&#x3C;/a&#x3E;.&#x3C;/p&#x3E;

&#x3C;p&#x3E;The meeting will be held at the DoubleTree by Hilton Hotel, 2001 Point West Way, Sacramento, CA 95818 starting at 10:00 a.m. Parking will be validated. Attendees need to pull a ticket and bring it with them to the meeting for validation.&#x3C;/p&#x3E;

&#x3C;p&#x3E;The meeting rooms at the DoubleTree will be as follows:&#x3C;/p&#x3E;

&#x3C;ul&#x3E;
	&#x3C;li&#x3E;Negotiation Room: Capitol Salon C/D&#x3C;/li&#x3E;
	&#x3C;li&#x3E;PWA Caucus Room: Capitol Salon A&#x3C;/li&#x3E;
	&#x3C;li&#x3E;DWR Caucus Room: Sacramento Room&#x3C;/li&#x3E;
&#x3C;/ul&#x3E;

&#x3C;p&#x3E;There is a webinar option, which can be accessed via the following link: &#x3C;a href=&#x22;http://kearnswest.adobeconnect.com/deltaconveyance/&#x22;&#x3E;http://kearnswest.adobeconnect.com/deltaconveyance/&#x3C;/a&#x3E;. You do not need a user name or password to join the meeting. Please select the guest option, type in your first and last name, and then click the &#x201C;Enter Room&#x201D; button. A new window or tab should open with the meeting room. Please note that the webinar will not include audio and you will need to dial into the conference line via telephone to hear the meeting (Phone Line: 719-359-4032; Access Code: 474346#)&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;span&#x3E;&#x3C;span&#x3E;Here are the ground rules for Public Comment:&#x3C;/span&#x3E;&#x3C;br&#x3E;
&#x3C;span&#x3E;a. The comment period is designed for input and not for exchanges with the negotiators, therefore the negotiators will listen to comments without responding.&#x3C;/span&#x3E;&#x3C;br&#x3E;
&#x3C;span&#x3E;b. Please focus comments on the topics covered i&#x3C;/span&#x3E;&#x3C;/span&#x3E;&#x3C;span&#x3E;&#x3C;span&#x3E;&#x3C;span&#x3E;n today&#x2019;s negotiation session.&#x3C;/span&#x3E;&#x3C;br&#x3E;
&#x3C;span&#x3E;c. Members of the public present in person and interested in speaking will have&#x3C;/span&#x3E;&#x3C;br&#x3E;
&#x3C;span&#x3E;3 minutes or less depending on the number of people wanting to provide public comment. The time available for each speaker will be determined at the beginning of the public comment period.&#x3C;/span&#x3E;&#x3C;/span&#x3E;&#x3C;/span&#x3E;&#x3C;/p&#x3E;
&#x3C;/div&#x3E;

&#x3C;p&#x3E;People concerned about the Delta ecosystem, environmental justice and the future of West Coast fisheries should attend this negotiation session.&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;em&#x3E;The Delta Tunnel as part of water portfolio is nothing new&#x3C;/em&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;The concept of the tunnel as part of an overall water portfolio being promoted by Newsom is nothing new. For example, Nancy Vogel, the director of the Governor&#x2019;s Water Portfolio Program at the California Natural Resources Agency, promoted the Delta Tunnels as part of &#x201C;California&#x2019;s overall water portfolio&#x201D; back in 2014 when she was the assistant director of public affairs at the Department of Water Resources.&#x3C;/p&#x3E;

&#x3C;p&#x3E;In an April 4, 2014 letter to the Chico Enterprise Record responding to an editorial regarding Sites Reservoir, Vogel stated, &#x201C;As the assistant director of public affairs at the Department of Water Resources, I think it&#x2019;s important to reiterate that a Bay-Delta Conservation Plan is just one part of California&#x2019;s overall water portfolio, aimed at complementing existing and planned efforts to manage the state&#x2019;s water needs in the face of climate change and growth.&#x201D; (&#x3C;a href=&#x22;https://www.chicoer.com/2014/04/05/letter-delta-tunnels-are-just-one-part-of-water-solution/&#x22; target=&#x22;_blank&#x22;&#x3E;https://www.chicoer.com/2014/04/05/letter-delta-tunnels-are-just-one-part-of-water-solution/&#x3C;/a&#x3E;)&#x3C;/p&#x3E;

&#x3C;p&#x3E;Newsom&#x2019;s support of one tunnel to divert water from the Delta to corporate agribusiness and Southern California water agencies is no surprise. Newsom received a total of &#xA0;$637,398 from agribusiness in his 2018 campaign for Governor, including $116,800 from Beverly Hills agribusiness billionaires Linda and Stewart Resnick, the owners of the Wonderful Company two of the strongest supporters of the Delta Tunnel and promoters of numerous attacks on environmental protections for salmon and other fish species.&#x3C;/p&#x3E;

&#x3C;p&#x3E;Could those contributions have influenced Newsom&#x2019;s decision to not reappoint Felicia Marcus as Chair of the State Water Resources Control Board, his decision to appoint Mike Lyons as a special new &#x22;Agricultural Liaison&#x22; to the Governor&#x27;s Office, his decision to support Big Ag&#x2019;s voluntary agreements or his decision to go ahead with a one tunnel plan?&#x3C;/p&#x3E;

&#x3C;p&#x3E;For more information, go to: &#x3C;a href=&#x22;https://votesmart.org/candidate/campaign-finance/70386/gavin-newsom#.XHyTfS2ZNz8&#x22; target=&#x22;_blank&#x22;&#x3E;votesmart.org/&#x2026;&#x3C;/a&#x3E;&#xA0;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;em&#x3E;The Revolving Door: From the Resources Legacy Fund to Newsom&#x2019;s Water Portfolio Program&#x3C;/em&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;The Governor&#x2019;s Office announced Nancy Vogel&#x2019;s appointment to director of the Governor&#x2019;s Water Portfolio Program on May 2, &#xA0;two days after Governor Gavin Newsom issued an executive order directing state agencies to &#x201C;prepare a water resilience portfolio&#x201D; for California.&#x3C;/p&#x3E;

&#x3C;p&#x3E;The order seeks to &#x201C;broaden California&#x2019;s approach on water as the state faces a range of existing challenges, including unsafe drinking water, major flood risks that threaten public safety, severely depleted groundwater aquifers, agricultural communities coping with uncertain water supplies and native fish populations threatened with extinction.&#x201D;&#x3C;/p&#x3E;

&#x3C;p&#x3E;Vogel&#x2019;s recent career is very typical of the revolving door between government agencies and private corporations and NGOs &#x2014; and the links between environmental processes &#x2014; that characterize California politics. Prior to Vogel&#x2019;s appointment by Newsom, she served as director of communications at the controversial Resources Legacy Fund since 2017.&#x3C;/p&#x3E;

&#x3C;p&#x3E;The Resources Legacy Fund Foundation was the funder of the Marine Life Protection Act (MLPA) Initiative to create faux &#x201C;marine protected areas&#x201D; in California. Catherine Reheis-Boyd, President of the Western States Petroleum Association, chaired the MLPA Blue Ribbon Task Force to craft &#xA0;&#x201C;marine protected areas&#x201D; in Southern California at the very same time that she was promoting the expansion of offshore drilling in the same region that she was entrusted to &#x201C;protect.&#x201D;&#x3C;/p&#x3E;

&#x3C;p&#x3E;The fund&#x2019;s website proclaims, &#x201C;The Resources Legacy Fund Partnered with California to protect nearly 17 percent of the state&#x2019;s offshore waters.&#x201D;&#x3C;/p&#x3E;

&#x3C;p&#x3E;However, the website fails to mention that the so-called &#x201C;marine protected areas&#x201D; fail to protect the ocean from offshore oil and gas drilling, environmentally destructive energy projects, military testing, pollution by corporations and cities and all human impacts on the ocean other than fishing and gathering.&#x3C;/p&#x3E;

&#x3C;p&#x3E;In 2014, I called Zeke Grader, the long time executive director of the Pacific Coast Federation of Fishermen&#x2019;s Associations who passed away in September 2015, about a bill sponsored by Senator Hannah Beth Jackson to protect a &#x201C;marine protected area&#x201D;, the Vandenberg State Marine Reserve, from oil drilling, due to loopholes in both the California Coastal Sanctuary Act and the Marine Life Protection Act Initiative.&#x3C;/p&#x3E;

&#x3C;p&#x3E;Grader, who supported the bill, pointed out how the very need for the bill &#x201C;highlights what a failure the MLPA Initiative was.&#x201D;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x201C;If these are true marine protected areas, they why are we allowing drilling and other insults to the ocean in them?&#x201D; asked Grader. &#x201C;The whole MLPA Initiative was a phony process that provided an opportunity for Big Green and government bureaucrats to write press releases claiming these were &#x2018;protected areas&#x2019; when in reality the fishermen and Tribes got screwed. We should have bans on oil drilling in all of the marine protected areas.&#x201D;&#x3C;/p&#x3E;

&#x3C;p&#x3E;The Resources Legacy Fund that Vogel served as communications director for continues to be a sponsor of the controversial &#x201C;marine protected area&#x201D; program: &#x3C;a href=&#x22;https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=166198&#x26;amp;inline&#x22; target=&#x22;_blank&#x22;&#x3E;nrm.dfg.ca.gov/...&#x3C;/a&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;In addition, Vogel was deputy secretary for communications at the California Natural Resources Agency from 2015 to 2017 and assistant director for communications at the Department of Water Resources from 2012 to 2015.&#x3C;/p&#x3E;

&#x3C;p&#x3E;She frequently served as a spokesperson to promote Governor Jerry Brown&#x2019;s Delta Tunnels project to export Northern California water to corporate agribusiness interests on the west side of the San Joaquin Valley and Southern California water agencies. Fishermen, tribal leaders, conservationists and environmental justice advocates considered the twin tunnels to be potentially the most environmentally destructive public works project in the state&#x2019;s history. &#xA0;&#x3C;/p&#x3E;

&#x3C;p&#x3E;Vogel was a principal consultant for the Senate Office of Oversight and Outcomes from 2008 to 2012. She was a staff writer for the Los Angeles Times from 2000 to 2008 and for the Sacramento Bee from 1991 to 2000.&#x3C;/p&#x3E;

&#x3C;p&#x3E;For more information on the Newsom&#x2019;s Water Portfolio program and Newsom&#x2019;s announcement to withdraw the permits for the Delta Tunnels and to begin the steps for the planning and permitting of a one Delta Tunnel project, go here: &#x3C;a href=&#x22;https://www.dailykos.com/stories/2019/5/2/1854909/-CA-Withdraws-Delta-Tunnels-Approvals-Begins-Planning-Permitting-for-One-Tunnel&#x22; target=&#x22;_blank&#x22;&#x3E;www.dailykos.com/...&#x3C;/a&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;For a deeper understanding of the two neoliberal environmental processes that I have named here, the Marine Life Protection Act (MLPA) Initiative and the Delta Tunnel/s project, read about the deep links between the two processes here: &#x3C;a href=&#x22;http://redgreenandblue.org/2017/10/12/alarming-ties-jerry-browns-delta-tunnels-faux-marine-protected-areas/&#x22; target=&#x22;_blank&#x22; title=&#x22;&#x22;&#x3E;redgreenandblue.org/...&#x3C;/a&#x3E;&#x3C;/p&#x3E;

&#x3C;p class=&#x22;is-empty-p&#x22;&#x3E;&#x3C;/p&#x3E;


</description>
<author>rss@dailykos.com (Dan Bacher)</author>
<category>California</category>
<category>DeltaTunnel</category>
<category>Environment</category>
<category>GavinNewsom</category>
<category>governorjerrybrown</category>
<category>NoTunnel</category>
<category>StateWaterProject</category>
<guid isPermaLink="false">_1874008</guid>
<pubDate>Wed, 24 Jul 2019 10:26:24 +0000</pubDate>
</item>
<item>
<title>California Groups Warn Senators That David Bernhardt Is Acting on Behalf of Former Clients</title>
<link>https://www.dailykos.com/story/2019/3/11/1841313/-California-Groups-Warn-Senators-That-David-Bernhardt-Is-Acting-on-Behalf-of-Former-Clients</link>
<description>&#x3C;p&#x3E;SACRAMENTO - Fishing, water and environmental groups and tribal leaders from throughout California today&#xA0;brought up serious ethical questions about acting Interior Secretary David Bernhardt in a &#x3C;a href=&#x22;https://restorethedelta.us3.list-manage.com/track/click?u=06887fa70084fef8e939fef63&#x26;amp;id=3b8afbd11f&#x26;amp;e=120d0c2b69&#x22; title=&#x22;&#x22;&#x3E;letter&#x3C;/a&#x3E;&#xA0;sent to Senators Warren, Blumenthal and Harris.&#x3C;/p&#x3E;

&#x3C;p&#x3E;In a joint press release, the coalition said, &#x201C;A brutal confirmation fight is expected soon in the Senate as President Trump has now nominated Bernhardt to permanently lead the Department of the Interior. Bernhardt has served as deputy secretary since early in the Trump administration, and became acting secretary after Ryan Zinke resigned in December 2018 under an ethical cloud.&#x201D;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;span style=&#x22;text-align:center&#x22;&#x3E;According to a story I broke here in January,&#x3C;/span&#x3E;&#xA0;a fish survey that the California Department of Fish and Wildlife (CDFW) conducts every autumn turned up zero Delta smelt &#x2014; the very same fish that Bernhardt is trying to strip protections for &#x2014; throughout the monitoring sites in the Sacramento-San Joaquin River Delta in September, October, November and December 2018. (&#x3C;a href=&#x22;https://www.dailykos.com/stories/2019/2/12/1834201/-Bernhardt-former-Westlands-lawyer-working-to-strip-Delta-Smelt-protection-as-fish-nears-extinction&#x22; target=&#x22;_blank&#x22;&#x3E;www.dailykos.com/...&#x3C;/a&#x3E;)&#x3C;/p&#x3E;

&#x3C;p&#x3E;The coalition sending the letter today includes&#xA0;the Winnemem Wintu Tribe,&#xA0;California Sportfishing Protection Alliance,&#xA0;AquAlliance, North Coast Rivers Alliance,&#xA0;Crab Boat Owners Association, California Water Impact Network,&#xA0;Pacific Coast Federation of Fishermen&#x2019;s Association, Environmental Water Caucus, Sierra Club California, Southern California Watershed Alliance, Institute for Fisheries Resources, CA Save our Streams Council, Save the American River Association, Local Agencies of the Delta, Restore the Delta, and&#xA0;Planning and Conservation League,&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x201C;Deputy Interior Secretary David Bernhardt&#x27;s conflicts of interest related to his work with Westlands Water District are well documented,&#x201D; said Barbara Barrigan-Parrilla, executive director of Restore the Delta in Stockton. &#x201C;He is working to rewrite the rules of California water management for the benefit of the Westlands at the expense of the San Francisco Bay-Delta estuary and California urban water users. His advancement to Secretary of the Interior needs to be stopped, and his work as Deputy Secretary needs to be investigated by the Inspector General.&#x201D;&#x3C;/p&#x3E;

&#x3C;p&#x3E;Bernhardt, who has also lobbied for the oil industry,&#xA0;has served as one of the main architects of the Trump administration&#x27;s agenda. &#x3C;a href=&#x22;https://restorethedelta.us3.list-manage.com/track/click?u=06887fa70084fef8e939fef63&#x26;amp;id=4ba837ddd2&#x26;amp;e=120d0c2b69&#x22; target=&#x22;_blank&#x22;&#x3E;CNN has reported&#x3C;/a&#x3E;&#xA0;that since Bernhardt joined Interior in 2017, the agency has made at least 15 policy changes, decisions or proposals that would directly benefit Bernhardt&#x27;s former clients, mostly regarding oil industry concerns.&#x3C;/p&#x3E;

&#x3C;p&#x3E;California groups warn Congress that Bernhardt&#x2019;s clients also included California&#x2019;s powerful Westlands Water District, the largest agricultural water district in the United States, located on the arid west side of the San Joaquin Valley.&#xA0;In his lobbying disclosures, Bernhardt had listed &#x201C;potential legislation regarding the Bureau of Reclamation and the Endangered Species Act&#x201D; under his specific lobbying areas, including trying to minimize protections for endangered fish populations due to limited water flows.&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x201C;Bernhardt signed an executive branch ethics pledge required him to refrain from participating in decisions that he previously worked on as a lobbyist for two years. Activists believe he has not honored this pledge and warn that he is now participating in decision that would send more water from the San Francisco Bay-Delta Estuary to Fresno-based Westlands and weak endangered fish protections,&#x201D; according to the groups.&#x3C;/p&#x3E;

&#x3C;p&#x3E;In the &#x3C;a href=&#x22;https://restorethedelta.us3.list-manage.com/track/click?u=06887fa70084fef8e939fef63&#x26;amp;id=f44f12c39b&#x26;amp;e=120d0c2b69&#x22;&#x3E;letter&#x3C;/a&#x3E;&#xA0;sent today, California organizations warn that:&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x2022; &#x201C;Westlands is seeking a permanent water contract to replace their two-year interim contract under Section 4011 of the WIIN Act whereby they will be free from acreage limitations and full cost pricing of water deliveries. The contract is being negotiated in secret and could allow for the permanent delivery of 1 million acre-feet of water per year, enough for 1 to 2 million households annually, for the benefit of under 400 farms, despite drought conditions in California. &#xA0;No public record exists of how this will impact public trust resources and water planning in California.&#x201D;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x2022; &#x201C;The Secretary of Interior could rule as soon as April, 2019 determining the financial conditions for this permanent water contract with such dramatic changes. Yet, questions remain unanswered about Westlands Water District&#x2019;s obligation to repay its share of over $80 million back to the Federal Government for unauthorized Delta tunnels planning expenses. Presently, the Delta tunnels project, known as California WaterFix, has been placed on hold by Governor Newsom to allow for the possible redevelopment of a single tunnel project for California&#x2019;s State Water Project. Westlands is no longer a participating member in WaterFix planning.&#x201D;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;em&#x3E;Bernhardt rolling back fish protections &#x3C;/em&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;As the Delta smelt moves closer to the abyss of extinction, Bernhardt&#x3C;span style=&#x22;text-align:center&#x22;&#x3E; has been working on rolling back Endangered Species Act (ESA) protections for the indicator species found only in the&#xA0;Delta.&#x3C;/span&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;span style=&#x22;text-align:center&#x22;&#x3E;This is a policy change that directly favors his former client, the Westlands Water District, according to a &#xA0;&#x3C;/span&#x3E;&#x3C;em&#x3E;New York Times &#x3C;/em&#x3E;&#x3C;a href=&#x22;https://act.myngp.com/el/22pom4Y_HjH0jMFM4rOVXXr2RcjOGgRJIBMX5E3Xnlw=/qOof8R93-FpjmVoOKzjpcl1Tn25UoCzItTX-oQavfSQ=?partner=rss&#x26;amp;emc=rss&#x22;&#x3E;story&#x3C;/a&#x3E;&#x3C;span style=&#x22;text-align:center&#x22;&#x3E;. &#x3C;/span&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;span style=&#x22;text-align:center&#x22;&#x3E;&#x201C;Although Bernhardt claims he was allowed to work on the issue after receiving verbal approval from Interior Department lawyers, independent ethics specialists quoted in the story say his working on a policy that would disproportionately benefit a former client is a clear conflict of interest,&#x201D; a news release from the Western Values Project stated.&#x3C;/span&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;span style=&#x22;text-align:center&#x22;&#x3E;&#x201C;We&#x2019;ve known all along that Bernhardt was willing to sell out public lands and water to the highest bidder,&#x201D; said &#x3C;/span&#x3E;Chris Saeger, Executive Director of Western Values Project.&#x3C;span style=&#x22;text-align:center&#x22;&#x3E;&#x201C;If working on a narrow policy that clearly benefits a former client isn&#x2019;t a violation of his presidential ethics agreement, we don&#x2019;t know what is. Bernhardt has been caught red-handed carrying water for Westlands, a former client that was even on the notecard he keeps in his pocket listing his vast conflicts of interest. This raises questions that only a formal investigation may be able to answer.&#x201D; &#x3C;/span&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;span style=&#x22;text-align:center&#x22;&#x3E;The story reveals that Bernhardt &#x201C;directed David Murillo, a senior water-resources official for the mid-Pacific region, to begin the process of weakening protections for the smelt and another fish, the winter-run Chinook salmon, to free up river water for agriculture.&#x201D; &#x3C;/span&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;span style=&#x22;text-align:center&#x22;&#x3E;&#x201C;The policy change directly benefits Westlands Water District, and is what Westlands paid Bernhardt to lobby on when he was their lobbyist. Before Bernhardt began at Interior, the story reports, Westlands paid Bernhardt&#x2019;s former firm, Brownstein Hyatt Farber Schreck, at least $1.3 million in lobbying fee, according to Saeger.&#x3C;/span&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;span style=&#x22;text-align:center&#x22;&#x3E;&#x201C;Westlands Water District &#x3C;/span&#x3E;&#x3C;a href=&#x22;https://act.myngp.com/el/22pom4Y_HjH0jMFM4rOVXXr2RcjOGgRJIBMX5E3Xnlw=/z908NV9-4_Uad3RdHwKIDa8lqFn_5V9t-C6kuJfsMBA=&#x22;&#x3E;appears&#x3C;/a&#x3E;&#xA0;&#x3C;span style=&#x22;text-align:center&#x22;&#x3E;on David Bernhardt&#x2019;s recusal note card, which he &#x3C;/span&#x3E;&#x3C;a href=&#x22;https://act.myngp.com/el/22pom4Y_HjH0jMFM4rOVXXr2RcjOGgRJIBMX5E3Xnlw=/5ppEGghP5sBCIPUnvipZh1JJ-hn0w-eSxDHLIRZ8Z9w=?utm_term=.76e1dc0bc424&#x22;&#x3E;carries&#x3C;/a&#x3E;&#xA0;&#x3C;span style=&#x22;text-align:center&#x22;&#x3E;around with him while he&#x2019;s at work so he can keep track of which former clients he isn&#x2019;t allowed to work with,&#x201D; noted Saeger.&#x3C;/span&#x3E;&#x3C;/p&#x3E;

&#x3C;figure class=&#x22;image-captioned&#x22;&#x3E;&#x3C;img alt=&#x22;&#x22; height=&#x22;388&#x22; src=&#x22;https://lh6.googleusercontent.com/xZzM-FN1C5_i2q2cJDQnCu_8M_g5GfptnINopbGiBfEl8yxW354WsAK7q6WQc4RCEJSxbladqRYBXbfRwoqCugp-iHlAojJUiEbsNRRQ0jHs_BlG7UIXOaJ_GFhRD5Qemv--_tsM&#x22; width=&#x22;519&#x22;&#x3E;
&#x3C;figcaption&#x3E;&#x3C;/figcaption&#x3E;
&#x3C;/figure&#x3E;

&#x3C;p style=&#x22;text-align:center&#x22;&#x3E;&#x3C;em&#x3E;Westlands Water District appears on Bernhardt&#x2019;s ethics recusal notecard. &#x3C;/em&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;Western Values Project (WVP) was forced to file &#x3C;a href=&#x22;https://act.myngp.com/el/22pom4Y_HjH0jMFM4rOVXXr2RcjOGgRJIBMX5E3Xnlw=/yObME2GQ8j4Mz1mj_BdNC9ubG9EflRC6pnb8wL7TzlA=&#x22;&#x3E;suit&#x3C;/a&#x3E;&#xA0;for public records requesting communications between Bernhardt, the Interior officials and Westlands Water District on July 30, 2018, after the Interior Department failed to provide responsive documents, according&#x3C;/p&#x3E;

&#x3C;p&#x3E;The group filed the original Freedom of Information Act (FOIA) &#x3C;a href=&#x22;https://act.myngp.com/el/22pom4Y_HjH0jMFM4rOVXXr2RcjOGgRJIBMX5E3Xnlw=/y7LukDNTgafHoAJYEFNzIMETa9UcOiz_TCnuGrU7Vr0=&#x22;&#x3E;request&#x3C;/a&#x3E; filed on May 4, 2018. The court recently ordered the department to provide a status report to WVP on the public records by February 22.&#x3C;/p&#x3E;

&#x3C;p&#x3E;in 2018, WVP launched &#x3C;a href=&#x22;https://act.myngp.com/el/22pom4Y_HjH0jMFM4rOVXXr2RcjOGgRJIBMX5E3Xnlw=/4WQUM7FZ7RB8s0bja56D856QZWLzVFw6VLQEsoqPhKQ=&#x22;&#x3E;davidbernhardt.org&#x3C;/a&#x3E;in order to keep track of Bernhardt&#x2019;s numerous conflicts of interest.&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;em&#x3E;A critical time for Delta smelt, salmon and other imperiled species&#x3C;/em&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;The exposure of Bernhardt&#x2019;s enormous conflict of interest takes place at a critical time for Delta smelt, salmon and other San Francisco Bay Delta fish populations. For the first time ever, a fish survey that the California Department of Fish and Wildlife (CDFW) conducts every autumn turned up zero Delta smelt throughout the monitoring sites in the Sacramento-San Joaquin River Delta in September, October, November and December 2018.&#x3C;/p&#x3E;

&#x3C;p&#x3E;The smelt, a 2 to 3 inch fish listed under both federal and state Endangered Species Acts, is found only in the Delta estuary. It is regarded as an indicator species, a fish that demonstrates the health of the entire Delta ecosystem.&#x3C;/p&#x3E;

&#x3C;p&#x3E;Once the most abundant fish in the entire estuary, the population has collapsed to the point where not one fish was found in the 2018 Fall Midwater Trawl survey. The 2018 abundance index (0), a relative measure of abundance, is the lowest in FMWT history.&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x201C;No Delta Smelt were collected from any station during our survey months of September- December,&#x201D; wrote James White, environmental scientist for the CDFW&#x2019;s Bay Delta Region.&#x3C;/p&#x3E;

&#x3C;p&#x3E;This is not the only survey of Delta smelt populations that the CDFW conducts &#x2014; and the other assessments have found smelt, although in alarmingly low numbers.&#x3C;/p&#x3E;

&#x3C;p&#x3E;White noted, &#x201C;While this survey did not catch any Delta Smelt, it does not mean they are not present. Spring Kodiak Trawl (SKT) survey caught 5 Delta Smelt in December.&#x201D; &#xA0;&#x3C;/p&#x3E;

&#x3C;p&#x3E;White also said another survey, the Enhanced Delta Smelt Monitoring (EDSM) survey, caught 13 Delta Smelt during December. (https://fileshare.fws.gov/?linkid=KZi4zr6VWWXpAmKqe8kAlLwMpNbkSIFi8YDODS6 ncAGbVD1eD7Lrjg).&#x3C;/p&#x3E;

&#x3C;p&#x3E;While decades of water exports and environmental degradation under previous governors and federal administrations have brought the smelt, once the most abundant fish in the Delta, to the edge of extinction, Governor Jerry Brown and his administration did nothing to reverse the trend, but only helped to worse the endangered fish&#x27;s status, according to fishermen and environmentalists.&#x3C;/p&#x3E;

&#x3C;div&#x3E;
&#x3C;p&#x3E;Before this fall, the 2017 abundance index (2) was lowest in FMWT history. Only 2 Delta smelt were collected at index stations in the survey during the fall of 2017.&#x3C;/p&#x3E;
&#x3C;/div&#x3E;

&#x3C;p&#x3E;The Delta smelt is not the only fish absent during the fall 2018 survey. The CDFW didn&#x2019;t observe any Sacramento splittail, a native minnow species that was formerly listed under the Endangered Species Act until Bush administration delisted the species and the Obama administration agreed with the delisting, in the 2018 fall survey either.&#x3C;/p&#x3E;

&#x3C;p&#x3E;The striped bass, a popular gamefish that migrates from the ocean, San Francisco Bay and Delta up into the Sacramento and San Joaquin rivers every spring to spawn, also showed an alarming drop in abundance during the survey.&#x3C;/p&#x3E;

&#x3C;p&#x3E;The 2018 abundance index (42) for striped bass was the lowest in FMWT history, slightly less than the previous low value (43) in 2010. Thirty-one age-0 striped bass were collected at index stations, noted White. &#xA0;&#x3C;/p&#x3E;

&#x3C;div&#x3E;
&#x3C;p&#x3E;The longfin smelt, a cousin of the Delta smelt, isn&#x2019;t faring very well either in the estuary. &#x201C;The 2018 abundance index (52) was the 5th lowest value in FMWT history, a 63% reduction from the previous year. Thirty-one Longfin Smelt were collected at index stations,&#x201D; said White. &#xA0;&#x3C;/p&#x3E;

&#x3C;p&#x3E;The number of threadfin shad, an introduced forage fish species, continued to decline. The 2018 abundance index (198) was the 4th lowest in survey history, a 32% reduction from the previous year. The CDFW found 150 threadfin shad at index stations.&#x3C;/p&#x3E;

&#x3C;p&#x3E;The abundance of American shad in the trawl is also disappointing. The 2018 abundance index (1064) was the 21st lowest value on record, a 66% reduction from the previous year. Seven-hundred and two American shad were collected at index stations.&#x3C;/p&#x3E;
&#x3C;/div&#x3E;

&#x3C;p&#x3E;The January 2 memo summarizing the Fall Midwater Trawl results is available here: &#x3C;a href=&#x22;https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentId=164097&#x26;amp;inline&#x22; target=&#x22;_blank&#x22;&#x3E;nrm.dfg.ca.gov/...&#x3C;/a&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;The link to the Fall Midwater Trawl monthly abundance indices is available here: &#x3C;a href=&#x22;http://www.dfg.ca.gov/delta/data/fmwt/indices.asp?fbclid=IwAR0q2Z0abV8p-J9gKnwvlwQu7vPwQOMSibwZADpXfoiZHCkBJKH81vnZRMs&#x22; target=&#x22;_blank&#x22;&#x3E;www.dfg.ca.gov/&#x2026;&#x3C;/a&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;em&#x3E;Governor Brown&#x2019;s legacy: several extinctions of fish?&#x3C;/em&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;Bill Jennings, Executive Director of the California Sportfishing Protection Alliance (CSPA), commented on the disastrous decline of Delta smelt and other fish species in the Fall Midwater Trawl by the California Department of Fish and Wildlife (CDFW).&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x201C;The abundance of both Delta smelt and striped bass is the lowest in the trawl&#x27;s history,&#x201D; said Jennings. &#xA0;&#x201C;Longfin is the fifth lowest, threadfin shad is the fourth lowest, American shad is a 66 percent reduction from the previous year and the splittail is zero. This is a very comprehensive trawl and the results were a disaster for Delta fisheries.&#x201D;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x201C;Not only is the Delta smelt on the brink of extinction but there are several species lined up behind it,&#x201D; noted Jennings. &#x201C;Governor Brown&#x2019;s legacy is likely to be several extinctions of fish that flourished in this estuary for millennia.&#x201D;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x201C;We know what fish need. Fish prosper when they have adequate flows and quality water. They suffer when they don&#x2019;t. The question is how do we get them to survive on less water of poorer quality than they evolved with for thousands of years. The answer appears to be they can&#x2019;t,&#x201D; Jennings concluded.&#x3C;/p&#x3E;

&#x3C;p&#x3E;Dr. Jonathan Rosenfield, the Lead Scientist for The Bay Institute, emphasized in a tweet that Delta smelt are &#x22;not extinct,&#x22; since other sampling programs still catching them.&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x22;Extinction is not imminent (if agencies take action),&#x22; he noted. &#x22;&#x27;Flexible&#x201D;, &#x27;adaptive&#x27; implementation of the ESA (Endangered Species Act) has not worked. It&#x27;s time to enforce protections.&#x22;&#x3C;/p&#x3E;

&#x3C;p&#x3E;Scientists don&#x2019;t have any easy answer for the precipitous decline of Delta smelt over the past couple of years, particularly in 2017, a record water year when biologists would have expected a rebound.&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x201C;The answer is that we really don&#x27;t know,&#x201D; said Dr. Peter B Moyle, Distinguished Professor, Emeritus, at the Department of Wildlife, Fish, and Conservation Biology, Center for Watershed Sciences, UC Davis, in December 2017. &#xA0;&#x201C;The best explanation I can think of is that numbers are so low that an increase (or decrease) in the index would not be detectable with the FMT sampling.&#x201D;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x201C;Another is that there was so much water last winter (2017) that &#xA0;smelt were more dispersed than usual and had a hard time finding mates; this would keep numbers low. When numbers are as low, as they clearly are for smelt, random factors in sampling, in distribution, in spawning success etc can make a big difference to the total population or the index,&#x201D; said Moyle.&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x201C;Note that Delta smelt are still abundant enough in places so that focused sampling can find them. For example, Tien-Chieh Hung had no problem collecting a 100 smelt in one day for his smelt culture program,&#x201D; he noted.&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;em&#x3E;Massive water exports spurred collapse of Delta smelt&#x3C;/em&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;A number of factors have resulted in the decline of Delta smelt and the other pelagic species, including increases in toxics and invasive species, but no factor has helped precipitate the collapse of Delta fish species more than the export of big quantities of water to agribusiness and Southern California water agencies from the state and federal pumping facilities in the South Delta over the past 50 years, according to fish advocates.&#x3C;/p&#x3E;

&#x3C;p&#x3E;The record total for water exports, including water diverted by the Contra Costa Canal and North Bay Aqueduct, was 6,633,000 acre-feet in 2011 under the Brown administration. That was 163,000 acre-feet more than the previous record of 6,470,000 acre-feet set in 2005 under the Schwarzenegger administration, according to DWR data.&#x3C;/p&#x3E;

&#x3C;p&#x3E;Found only in the Sacramento-San Joaquin River Delta, the Delta smelt mainly inhabits the freshwater-saltwater mixing zone of the estuary, except during its spawning season. That&#x27;s when it migrates upstream to freshwater following winter &#x22;first flush&#x22; flow events, around March to May.&#x3C;/p&#x3E;

&#x3C;p&#x3E;The smelt is very susceptible to changes in the environmental conditions of its habitat due to its one-year lifecycle and relatively low fecundity. Because of this, the fish is regarded as an &#x201C;indicator species&#x201D; that demonstrates the health of the Delta ecosystem.&#x3C;/p&#x3E;

&#x3C;p&#x3E;It is imperative that the Gavin Newson administration break with the failed water policies of Brown and his predecessors and adopt rational water policies, based on science, that restore Delta smelt, Chinook salmon, steelhead and other fish species and the San Francisco Bay Delta ecosystem while providing a reliable and sustainable water supply for all Californians.&#x3C;/p&#x3E;

&#x3C;p&#x3E;Remember: Extinction is forever. If the smelt becomes extinct, salmon, steelhead and other fish species will soon follow.&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;em&#x3E;Background from CDFW: The California Department of Fish and Wildlife has conducted the Fall Midwater Trawl Survey (FMWT) to index the fall abundance of pelagic fishes nearly annually since1967. FMWT equipment and methods have remained consistent since the survey&#x2019;sinception, which allows the indices to be compared across time. These relative abundance indices are not intended to approximate population sizes. However, we expect that our indices reflect general patterns in population change.&#x3C;/em&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;em&#x3E;The FMWT conducts monthly surveys from September through December. The annual abundance index is the sum of the September through December monthly survey indices. During each monthly survey, one 12-minute oblique midwater trawl tow is conducted at each of 100 index stations used for index calculation and at an additional 22 non-index stations that provide enhanced distribution information.&#x3C;/em&#x3E;&#x3C;/p&#x3E;

&#x3C;p&#x3E;&#x3C;em&#x3E;The 2018 sampling season completed on December 18. Field crews successfully conducted tows at all index and non-index stations during the first three survey months. Two non-index stations in Cache Slough (stations 713 and 721) were not sampled in December due to heavy vegetation damaging sampling gear.&#x3C;/em&#x3E;&#x3C;/p&#x3E;

&#x3C;p class=&#x22;is-empty-p&#x22;&#x3E;&#x3C;/p&#x3E;


</description>
<author>rss@dailykos.com (Dan Bacher)</author>
<category>BigAg</category>
<category>California</category>
<category>DavidBernhardt</category>
<category>DeltaSmelt</category>
<category>DonaldTrump</category>
<category>Environment</category>
<category>JerryBrown</category>
<category>NoTunnel</category>
<category>notunnels</category>
<guid isPermaLink="false">_1841313</guid>
<pubDate>Mon, 11 Mar 2019 21:34:54 +0000</pubDate>
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