Ashley Rood is a Research & Outreach Associate with EDF.

Beginning this past Sunday with an address by Congressman Costa, the National Research Council (NRC) of the National Academy of Sciences (NAS) started its review of water management in the Bay Delta. The nation's elite scientific panel will analyze and either support or refute the science (otherwise known as the Biological Opinions) behind how much water can be pumped out of the Delta for cities and farms while preventing the extinction of endangered species.

I was at UC Davis this week, along with my colleagues Ann Hayden and Spreck Rosekrans, to watch the public workshops unfold. Although we were  skeptical when this additional review was initially announced—we're cautiously optimistic that science will rule the day and this will rise above the sticky politics of the Bay Delta.  Below, find out more about what the NRC will deliver and what we're looking for in this review.

Highlights from the NRC public workshop 

• The NAS NRC committee asked good questions–in particular, they were trying to drill deeper into the difficulties of balancing water supply and environmental sustainability
• Melanie Rowland, General Counsel for the National Oceanic and Atmospheric Administration (NOAA) gave a great talk about the law that defines the scope of the scientific review. The Committee's sole task is to verify the science analyzing the impact of pumping water through the Delta (it is a review of a "consultation" under Section 7 of the Endangered Species Act). Other stressors (like water pollutants and invasive species) are not a focus in this review.  This review will not focus on recovery, only preventing further "take" or harm to current populations of the listed species.
• Transparency: one committee member suggested that the National Marine Fisheries Service (NMFS) is not being transparent enough with their day-to-day decision making on operations. NMFS responded that they recognize this gap and are working on getting their real-time operations posted on-line.
• Integration: the committee suggested several times that the two Biological Opinions need to be well integrated—rather than working at odds with each other, the Opinions must be used together to protect fish in the Delta (and as mentioned above, this should all be done with transparency).
• Fun Fact: the paper trail for the NMFS Opinion is 150,000 pages—a lot of pages for the NRC committee to get lost in over their 6 week review, but also a good example of how extensive the original research was for the biological opinions.

What we're watching out for:

1. The last NAS study in California dealt with the crisis on the Klamath River. The results were inconclusive and lacked operational guidelines about needed flows for fish in the watershed. The Klamath soon suffered from a devastating fish kill. 
2. Politics as impetus: this elite and costly study was requested by Congress due to pressure from Central Valley farmers, and Central Valley Congressmen were the only representatives speaking at this week's public workshop—we want to ensure that NAS sticks to science and avoids being unduly influenced by politics.

What we talked about during the public comments: (future in-depth blogs to follow)

• Spreck Rosekrans suggested that the Committee recommend water transfers as a way to minimize the effects of the current pumping restrictions. Good water transfers provide incentives for water conservation; ensuring continued productivity on farms while providing the water that fish need. 
• Ann Hayden championed the peer-reviewed science behind the Biological Opinions and emphasized the critical role of these Opinions in creating a scientific baseline for her work on the Bay Delta Conservation Plan.

What will come out of this review?

1. March 15, 2010: A report focused on the Biological Opinions.  The NRC will determine if there are any alternatives to the current pumping restrictions in the Delta that can be implemented (for example: instead of turning the pumps down, could a "bubble curtain" be installed to discourage outmigrating juvenile salmon on the lower San Joaquin River from making a sharp left turn and "going with the flow" to their death at the pumps?) The NRC will also look at how potential conflicts between the Biological Opinions can be resolved.
2. November 2011: Recommendations to integrate adaptive management approaches to balance water supply reliability and ecosystem sustainability in the Delta.

We'll be tracking this for the long-haul as the committee's work unfolds. And we'll keep you posted on the balancing act of politics and science in the Delta.

In the meantime, here are a few interesting articles to read:

• From the Sacramento Bee: Steady flow of conflicting views marks Delta debate in Davis
• And NRC committee member and fellow blogger Dr. Michael Campana reports from the workshop here: Civility in NorCal, or Three Days of the Smelt: The NAS Bay-Delta Committee Meeting.

Laura Harnish is the California Regional Director.

We here at EDF are saddened by the catastrophe that has struck Haiti and the stark realization that things will continue to get worse as the shortage of freshwater begins to claim even more lives. Read Peter Gleick’s blog about how the need for freshwater is critical in Haiti.

Although we are consumed in our daily lives with California's "water crisis" this is an excruciating reminder that many other areas of the world are much more vulnerable to water shortages, especially in a disaster.

Give what you can to support Haiti in this time of crisis. Two good organizations to donate to are: the Red Cross  or Doctors Without Borders.

And don’t forget to have an emergency preparedness kit to deal with an earthquake or other natural disaster in California. For more information go to 72 Hours.

Cynthia Koehler is Senior Attorney and California Water Legislative Director for EDF.

This weekend’s Celebration of the Life of Tom Graff at the Scottish Rite Temple in Oakland was all that one might imagine. Hundreds of Tom’s friends, family, fans, colleagues old and new came together to share favorite stories, fond memories, laughs and of course a tear or two, or more, for California’s foremost eco-Godfather (or Delta Force, as a legal rag once notably labeled Tom). Looking out over the standing-room only crowd filled with public officials, water agency folk, enviros and so many friends, it was impossible not to be struck by Tom’s extraordinary reach and breadth.

Speaker after speaker noted not only Tom’s braininess, strategic acumen, and analytical skill but also and more critically, the man’s fundamental humanity, his graciousness, kindness, unfailing humor, love of life, family and his fundamental regard for people of all stripes. Not merely an ardent and effective “lawyer for fish,” Tom was a listener, a teacher, the one in the room who could find the way to ‘yes’ without compromising integrity or principle.

My own association with Tom began more than 20 years ago in a courtroom presided over by a massive pink plastic salmon hung on the wall by a judge determined to keep the lawyers’ collective eyes on the prize. That trial resulted in the famous Hodge flows to protect salmon on the Lower American River, and marked a turning point in California’s water history. The recent Delta legislation may well prove to be another such turning point, and was an effort that Tom followed with intense interest.

In our conversations about the bill’s progress over the course of the summer and fall, Tom’s focus – just like all those years ago on the American River — was on the public trust flows, the eco-requirements of the natural world and how to most effectively assure them over time. Certainly Tom did not support the water bond, and was disappointed (as were we all) when the beneficiary pays and fee provisions were excised from the package. But he was quite pleased that through all of the negotiations the bill retained the provision directing the SWRCB to determine the Delta’s public trust needs, and he exhorted us to retain the primacy of the public trust, something the bill does explicitly.

Tom passed the morning that the Delta legislation was signed, and standing on the levee listening to the Governor give the first of what would be many tributes, it struck me that Tom’s reaction to the final product most likely would have been to grin and say, with his trademark twinkle, “Good job, but let’s get more next time.” Absolutely. Ensuring that the environmental promise of the Delta legislation becomes a reality is perhaps one of best legacies we can strive for in the wake of this extraordinary man

Spreck Rosekrans is an Economic Analyst at EDF.

CBS’ 60 Minutes began last night’s show with a piece titled “California: Running Dry”. It was perhaps too much to expect comprehensive coverage of our complex water issues within a 13 minute segment. The show began quoting the adage, sometimes ascribed to Mark Twain, that “whiskey is for drinking and water is for fighting” and offered only the opportunity to spend up to $40 Billion as a way to solve our problems.

As a result, 60 Minutes missed the opportunity to tell its viewers how we can be smarter, and must be smarter, about using water in places like California if we are to support our farms, cities and fisheries in the 21st century. Read more »

Ann Hayden is a Senior Water Resource Analyst at EDF.

We know that the Feds have been paying close attention to the crisis in the Bay Delta over the past few months—from Interior Secretary Ken Salazar's tours of the Central Valley, to Central Valley Congressman Devin Nunes' failed attempts to weaken the Endangered Species Act. But we're happy to hear several key announcements this week solidifying the Delta as a focus of the federal agenda. Read more »

Jennifer Witherspoon is the California Communications Director at EDF.

Recently I had the enlightening opportunity to accompany Spreck to Fresno on December 7th for a special KMPH news program on the “Central Valley Water Crisis.”

Not only was Spreck invited to speak on a panel about California water supply issues, but he was joined by numerous leaders from the environmental community, mayors from the towns of Firebaugh and Mendota, farmers, fishermen and Central Valley Congressmen, and even by Judge Oliver Wanger, who is presiding over the hearings and lawsuits related to the biological opinions that temporarily reduced water supplies to farmers to protect endangered species like the Delta smelt and Chinook salmon.

I was impressed that a Fox affiliate would be so proactive to organize such in-depth coverage, especially in light of the biased reporting and theatrics on California water coming out of Fox’s Sean Hannity program over the past year. I for one was skeptical having seen Fox news edit programs in biased ways, even after assurances of fair play. Read more »

Ann Hayden is a Senior Water Resource Analyst at EDF.

This recent independent review of the USFWS Biological Opinion (BO) for Delta smelt is worth a read. The study seems largely to have been released under the radar, and we only just became aware of it.

In general, the panel concluded that the science underpinning the BO is sound and credible. Read more »

Spreck Rosekrans is an Economic Analyst at EDF.

 This morning, the Department of Water Resources released its December 1st water supply forecast predicting that State Water Project customers will receive only 5% of their contract entitlement in 2010.

It is worth noting, however, that these initial forecasts have historically been significantly increased later in the year. For example, the previous low initial forecast was 10%, made in 1993. After a wet winter, customers received 100% of their contract allocations. Read more »

Ashley Rood is a Research & Outreach Associate with EDF.

We at EDF thank you for all your comments, stories, and memories of Tom. Below, we've also included some of the thoughtful articles and blog posts in honor of Tom. As a testament to Tom's remarkable life, these remembrances come from all corners of the political world and from all spectrums of the environmental movement. To be sure, he will be missed.

Please join us for a public celebration of Tom's life at 1 P.M. on January 10, at the Oakland Scottish Rite Center, 1547 Lakeside Drive, Oakland. Please RSVP by email to celebratetom@edf.org or call our San Francisco office at 415-293-6050.

Tributes Read more »

Tom Graff passed away last week after a long battle with cancer. The following is his account of opening up EDF's California office in 1971, as described in "Acorn Days (1990)".

It was sometime in mid-April of 1971, still considerably less than a year after I had ripped up my East Coast roots and taken up residence in a dynamic and pleasant-enough San Francisco law firm, that I received a letter that permanently changed my life. Read more »