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May 11, 2015 The Honorable Jerry Brown Governor, State of California State Capitol Sacramento, CA 95814 The Honorable Kevin de Leon Senate President Pro Tempore State Capitol Sacramento, CA 95814 The Honorable Toni Atkins Assembly Speaker State Capitol Sacramento, CA 94249 Dear Governor Brown, President Pro Tem de Leon, and Speaker Atkins: The drought is taking a major toll on California’s rivers and everything they support, from fish and wildlife to the river recreation and fishing industries that generate billions of dollars and thousands of jobs in the state. The undersigned organizations urge California’s elected leaders to pursue sustainable drought solutions to address this crisis and ensure rivers are protected from further harm. Rivers have been providing more than their fair share of water for years, and it has stretched them beyond their ability to give. California rivers have suffered from a permanent drought as on average, more than half of their natural flow has been diverted for consumptive purposes. The current crisis has greatly exacerbated the problem as the State Water Resources Control Board, and other agencies, have relaxed environmental flow standards to reduce cuts to agricultural and urban water users. While we are encouraged by several actions you have taken to advance sustainable water solutions, pressure is growing for short-sighted policies that would devastate our rivers while doing virtually nothing to address the drought crisis. Some state and federal decision-makers are pushing to build expensive and destructive new dams that provide few real benefits, weaken environmental protections, undermine the public trust doctrine enshrined in the California Constitution, and undermine the State Water Resource Control Board’s authority to keep an adequate amount of water in our rivers to maintain water quality. There are also efforts to de-designate Wild & Scenic Rivers to open them up for water infrastructure development. The United States House of Representatives has voted twice to strip the Merced River of its Wild & Scenic status, and two appointees to the California Water Commission, Anthony Saracino and Dave Orth, have expressed a desire to use funds from the water bond to raise Shasta Dam, which would violate existing state protection for the McCloud River. Building massive surface storage projects will not address the water crisis. The Public Policy Institute of California recently reported that the five major surface water storage projects currently under study (including the three most controversial projects – the Shasta Dam raise, Temperance Flat Dam, and Sites Reservoir) will cost roughly $9 billion but increase annual average supplies by just 1 percent. What these projects will do is put the state deeper in debt, delay our pursuit of real solutions, and destroy rivers along with Native American culture, family ranches, and thousands of acres of habitat for wildlife. Californians and our rivers deserve better. While the Governor’s April 1 Executive Order, and subsequent action by the SWRCB was another step in the right direction, more work is urgently needed—especially in the agricultural sector which represents 80% of the water we use in California—to incentivize farmers to plant water-efficient crops and improve farming practices that move away from flood irrigation to more efficient methods. While our organizations will continue to provide extensive policy recommendations related to the drought, such as those presented in Wetter or Not—Actions to Ease the Current Drought and Prepare for the Next, we are currently focused on legislative priorities and issues and urge the following actions: 1. Oppose any potential legislative efforts to weaken environmental protections for rivers such as removing Wild & Scenic River protections for the McCloud River, reducing minimum flow standards, or shortcutting the environmental review process for surface storage projects by undercutting the California Environmental Quality Act. These protections are set to protect our waterways and inform the public and elected decision makers in times like these and should remain. Legislation to repeal Wild & Scenic protections from rivers is particularly dangerous as it would set a precedent that would undoubtedly lead to subsequent efforts to de-designate rivers. 2. Oppose AB 1242 (Gray) as it would undermine the Water Board’s authority to require adequate instream flows to protect water quality, fish and wildlife, and aquatic habitat. Maintaining and restoring flows in our rivers preserves water quality and protects fish and wildlife, as well as thousands of fishing jobs across the state that depend on healthy rivers. 3. Support SB 226 (Pavley), and expedite implementation of the Sustainable Groundwater Management Act of 2014, especially for critical overdraft basins, to ensure that the limits on surface water sources do not lead to over-pumping of groundwater and the collapse of our aquifers—California’s largest, cheapest, and most environmentally sound reservoirs. 4. Support SB 637 (Allen) to provide for the regulation of motorized suction dredge gold mining. Suction dredge mining mobilizes mercury in the riverbed and sends a plume of pollution downstream that violates state standards for toxic mercury. The current statewide moratorium on suction dredge mining permits is under court challenge. It is essential that the Legislature act now to ensure protection of our drinking water and river ecosystems, using the Water Board’s authority under the federal Clean Water Act. 5. Support AB 142 (Bigelow) to require the Resources Secretary to study and make a recommendation to the Legislature as to whether 37 miles of the Mokelumne River should be protected in the California Wild & Scenic Rivers System. The river would be protected from new dams and major diversions until the study is completed and the Legislature acts on the Secretary’s recommendation. 6. Support SB 555 (Wolk) to take a needed step toward reducing system losses by requiring annual water loss audits and reporting. A 2009 study found that California water utilities lose an estimated total of 0.87 million acre-feet per year (Water Systems Optimization Inc. 2009), equivalent to about 21 gallons per capita per day. 7. Support AB1, now in the Senate, (Brown) to prohibit a city or county from imposing a fine for a brown lawn or failure to water a lawn during a period for which the Governor has issued a state of emergency due to drought conditions. On behalf of our organizations, and the millions of Californians we represent, we urge you to protect our rivers as we all work together to address the drought crisis. Sincerely, Eric Wesselman Friends of the River Dave Steindorf American Whitewater Cecily Smith Foothill Conservancy Patrick Koepele Tuolumne River Trust Bill Jennings California Sportfishing Protection Alliance Caleen Sisk Winnemem Wintu Tribe Lucas RossMerz Sacramento River Preservation Trust Caleb Dardick South Yuba River Citizens League Lowell Ashbaugh Northern California Council of the International Federation of Fly Fishers Elena DeLacy American River Conservancy John Dye Rivers For Change Scott Greacen Friends of the Eel River Jill Ratner Rose Foundation for Communities and the Environment Carolee Krieger C-WIN Kathy Bunton Delta Kayak Adventures Barbara Barrigan-Parrilla Restore the Delta Grant Werschkull Smith River Alliance Gavin Feiger Sierra Nevada Alliance /s/ Frank Egger North Coast Rivers Alliance Nate Rangel California Outdoors /s/ Keith Miller California Canoe and Kayak dddddddddddddddddddddddddd Steve Welch ! 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