State Water Contractor's Response To State's Lawsuit Challenging The Federal Biological Opinions For The Coordinated Long-Term Operations Of The Central Valley Project And State Water Project

Yesterday, California filed a lawsuit in the U.S. District Court in San Francisco challenging the federal Biological Opinions covering the coordinated long-term operations of the Central Valley Project (CVP) and State Water Project (SWP). The lawsuit was filed within hours of the completed National Environmental Protection Act (NEPA) process to update the CVP and SWP Biological Opinions for federal Endangered Species Act compliance. The complaint alleges that the Biological Opinions are unlawful in that they do not provide adequate protection for several endangered or threatened fish species in the Sacramento-San Joaquin Delta.

The State Water Contractors (SWC) has long supported a resolution to the water and species management issues in the Delta region through collaboration, and the application of science-based decision-making and regulations. Over the last several months, state and federal agencies have been working to find common ground for the benefit of California’s people, farms and fish, all of whom depend on these water resources. The 2019 Biological Opinions incorporate the best available science that enables better real time management to improve fishery protections and water supply. Ongoing discussions can also help to ensure a common understanding on how the protective provisions in the Biological Opinions will be integrated into CVP and SWP operations.

“Based on the complaint filed by the state, it is clear that these issues are resolvable. We appreciate the state’s need to understand exactly how the provisions of the 2019 Biological Opinions – which reflect over a decade of research on the operations of the CVP and SWP – will be implemented to ensure the necessary protections,” said Jennifer Pierre, General Manager of the State Water Contractors. “We encourage the public servants at both the federal and state levels – who have thus far demonstrated an ability and willingness to solve problems together – to get back to the negotiating table and settle these issues. The outcome of those successful discussions will be far more effective than anything arising from a lawsuit that may take several years to resolve.”

About State Water Contractors
The State Water Contractors is a statewide, non-profit association of 27 public agencies from Northern, Central and Southern California that purchase water under contract from the California State Water Project. Collectively, the State Water Contractors deliver water to more than 27 million residents throughout the state and more than 750,000 acres of agricultural land. For more information, visit www.swc.org.