Complaint alleges violations of Basin Plan, WR Order 90-05, CWA, ESA and Public Trust
The California Sportfishing Protection Alliance (CSPA) has filed another complaint against the State Water Resources Control Board and the Bureau of Reclamation, alleging the State Water Board has failed to implement and Reclamation has failed to enforce temperature requirements and water quality criteria specified in the Sacramento River and San Joaquin River Basin Plan, WR Order 90-05, and the Clean Water Act. CSPA also alleges both the State Water Board and Reclamation have filed to comply with their respective responsibilities and obligations under the ESA, Public Trust Doctrine, and Article X of the California Constitution.
The complaint cites the poor natural production of the 2013 of Chinook salmon on the Sacramento River and the ‘destruction of the 2014 year classes’ as the reason for filing the action, and calling conditions this year in the Sacramento River ‘lethal’, the CSPA requests expeditious action by the State Water Board:
CSPA requests that the SWRCB immediately re-establish protective, non-lethal temperature criteria at the Clear Creek compliance point and that the SWRCB require USBR to reduce water deliveries in order to preserve what’s left of cold water reserves in Shasta Reservoir. CSPA further requests the SWRCB to issue sanctions against USBR for failure to comply with the Basin Plan, CWA and ESA.
Read the complaint here: CSPA Complaint, Temperature
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