Here’s something from Rob Kunde, former General Manager of Wheeler Ridge-Maricopa Water Storage District, way down at the southern most end of the San Joaquin Valley. I belief it is the last stop of the California Aqueduct on the State Water Project before those flows are pumped over the hill and into the Los Angeles Basin. We thank him for permission to reprint. Kunde writes:
“On May 31, Judge Samuel T. McAdam issued his decision in Yolo County Superior Court, Case No. CV2023-2626. He found in the Sites Project Authority’s favor in every claim asserted by the six environmental plaintiffs, ruling that the Sites Reservoir Project Final Environmental Impact Report (Final EIR) fully complies with CEQA. This is a significant decision supporting the viability of the Sites Reservoir Project. The Sites press release is attached.
Any appeal must be filed within 5 days of the decision. I have not heard whether plaintiffs have filed an appeal. SB149 requires expedited consideration of CEQA litigation, including appeals, “if feasible” for certified projects such as Sites Reservoir. October 26, 2024 would be the SB149 deadline for an appellate court decision on any appeal.”
Robert J. Kunde, P.E., Retired Annuitant
Wheeler Ridge-Maricopa Water Storage District
For Immediate Release: Contact: Ann Newton June 4, 2024 (310) 774-7639
Statement from Sites Project Authority in Response to Yolo County Superior Court Decision on CEQA Lawsuit by Environmental Organizations
Maxwell, CA – On Friday, May 31, 2024, the Superior Court of Yolo County released an Order denying all claims in the Friends of the River v. Sites Project Authority case. In late 2023, six environmental organizations, Friends of the River, Center for Biological Diversity, California Sportfishing Protection Alliance, California Water Impact Network, Save California Salmon, and Sierra Club, petitioned the Court to review certain aspects of the Authority’s California Environmental Quality Act (CEQA) process and the Authority’s certification of the Final Environmental Impact Report (Final EIR) for the Sites Reservoir Project.
The Yolo County Superior Court found in the Authority’s favor in every claim asserted by the environmental organizations. The Sites Final EIR fully complies with CEQA.
“We embrace environmental values and have taken extra steps at every turn to ensure this project is an environmental asset. California upholds the most rigorous environmental standards in the nation, and we are committed to building a reservoir that meets or exceeds those standards. We are grateful the court’s decision will allow us to advance Sites Reservoir and ultimately supply more water for people, farms, and the environment. The need for this water is significant, and we have no time to waste,” said Fritz Durst, chair of the Sites Project Authority.
“The court has recognized that the Authority conducted an exhaustive environmental review process and a complete analysis of potential project impacts. The Authority’s efforts included extensive public outreach over more than six years,” said Jerry Brown, executive director of the Sites Project Authority.
While this is an affirmation of the careful work that has gone into project development, there are several milestones to achieve in the permitting and approval process that are progressing and will lead to construction start in 2026. The Authority extends its appreciation to the Governor and State Legislature for having the foresight to enact SB149 and certify the Sites Reservoir Project as critical water infrastructure for the State. Without these actions the expediency with which the Court’s decision occurred would have been delayed by up to several years.
Sites Reservoir is purposely designed to work in concert with California’s changing climate conditions by capturing and storing water during extreme storm events for use during severe dry periods when it is needed the most. Sites will be a unique reservoir in California, one that captures and stores water for multiple benefits including as a dedicated asset specifically for the environment to support fish and their habitat during drought periods.
Sites is an off-stream facility that does not dam a major river system and does not threaten fish migration or spawning. Sites Reservoir diversions would be conducted under highly protective operating and permit conditions that establish when water can be diverted after all other water rights and regulatory requirements are met.
Sites is an off-stream reservoir proposed north of the Sacramento-San Joaquin Delta, where it would provide unique water supply and environmental benefits during dry periods, especially during extended drought. Additional information can be found at www.sitesproject.org or on Facebook and Twitter at @SitesProject.
Who’s Suing Who?
That was the end of Kunde’s report. I often wonder about who is behind the news. Last time I wrote about Sites a recreational clothing company with a name that rhymes with Ratagonia had set up a nonprofit that had concocted a new methodology that must have used journalist math to show Sites as a seething cauldron bubbling up greenhouse gases for a century. Since the above press release was issued I’ve read the plaintiffs are seeking an appeal.
You often get mention of some legislation or study or report – but who wrote them? Who sent out the press release that was either printed verbatim or reworded? What’s the rest of the story? So as not to be that guy – here’s a look at the six who sue:
Friends of the River, 501(c)3. Federal tax I.D. #94-2400210501. There are some staff names that might be familiar to you – like Max Gomberg.
Center for Biological Diversity, 501(c)3 EIN: 27-3943866. The CBD is an interesting organization, its staff directory listed 182 positions (I counted it twice but it is a long list, again journalist math). By my reconning it broke down to 88 staff members, 18 scientists and a whopping 76 attorneys. The CBD once joined former California Attorney General Xavier Beccera to spend who knows how much in federal court defending the State of California’s position that it could outlaw the sales of nonendangered American alligator parts, mostly leather. The State of Louisiana and private enterprise won that one.
California Sportfishing Protection Alliance, 501 (c)3 its website lists more than 60 members including: Friends of the River, National [sic] Resources Defense Council, Earth Justice and the Pacific Coast Federation of Fishermen’s Association, plus a trash can full bass fishing organizations who make a trash can full of cash on tournaments. And just for fun Bill Jennings is listed as its Chairman/Executive Director.
California Water Impact Network or C-WIN as it refers to itself, 501(c)(3), ID# 30-0006662. C-WIN likes to sue folks, a lot. Gomberg works here too. Hmm?
Save California Salmon, this group is refreshing. So many so called social/enviro justice groups gloom onto Native Americans and hagiographic the heck out of them. It seems 99 out of 10 times some blond, highly educated lady from back east claims to speak for the tribe. As if they were mute or influent in English. The SCS website appears to be the real deal with tribal members speaking for themselves. And I couldn’t find any links to donations or any mention of this organization being a nonprofit. While I’d like everyone to agree with me; I realize that isn’t going to happen. But what grinds my cookies is the self-righteousness so many of the (insert special interest prefix here) -justice warriors exhibit. I got the feeling the SCS is respectful enough to be honest about their mission. Good for them.
And last on the list but certainly not least, the Sierra Club. Full disclosure, I am member of the Sierra Club. At least I was, I think I need to renew. I thought they were going to give me a fanny pack as an incentive but it never arrived. Anyway, the Sierra Club, it is a 501(c)4 and lobbies. The Sierra Club Foundation is a 501(c)3. In 2022 Managing Director Eva Hernandez (she/her) listed the c(3) expenses as $151 million. That ought to keep you in Birkenstocks and alfalfa sprouts. Sorry, sorry, not alfalfa, not anymore. Kimchi.
There you have it, they put up a fight and lost one. It looks like Sites is one step closer to helping provide water to the folks in California who actually need water.* Good for them.
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*All of us by the way, need water, even the ones suing.