Groups Protest Violation of Water Rules

In an ongoing feud over Gov. Pete Wilson’s water policy, a group of environmentalists and state legislators called Thursday for the prosecution of nearly 300 violations of environmental rules protecting fish and wildlife in the Sacramento-San Joaquin River Delta.

“Allowing these violations to go unpunished almost certainly guarantees future noncompliance with water quality requirements,” said a letter to the State Water Resources Control Board signed by six state senators and 13 assembly members from Northern and Southern California. A separate letter was sent by eight environmental groups.

Operators of the two large water delivery projects in California acknowledge having violated the rules during 1991 and 1992 by failing to keep enough water in the delta through restrictions on pumping and releases from upstream reservoirs. They blame the violations on unexpected tidal flows and high winds during difficult drought conditions.

The state water board, charged with enforcing the standards, held hearings on the violations in fall and announced in June that it would not prosecute. The board, whose members are appointed by Wilson, has the authority to fine the operators--the state Department of Water Resources and the U.S. Bureau of Reclamation--and require the release of additional water into the delta.

In a two-paragraph letter to project officials last month, the board declared without explanation that “this matter is closed.” A spokeswoman said Thursday the board remained committed to its ruling.

“The board stands by (its) exercise of discretionary power,” said spokeswoman Sandra Salazar.

But in their letter Thursday, the legislators said the issue “is far from settled” and called on board members to explain their decision publicly. The environmentalists and legislators also charged that the board’s inaction reflected a growing indifference in the Wilson Administration to water quality and ecological problems in the delta.

“The standards are too weak to begin with, and the state and federal water agencies did not even comply with these weak standards,” said Sen. Milton Marks (D-San Francisco). “Wilson’s water board wimped out. The message to his water project officials is clear: Break the law all you want, you won’t even get your wrists slapped.”

Gary Bobker of the Bay Institute of San Francisco, one of the environmental groups that sent letters Thursday to Wilson and the water board, said the panel’s decision undermined the governor’s efforts to find a lasting solution to water delivery and environmental problems in the delta.

“It would be . . . foolish to invest any effort in a long-term planning process initiated by an Administration that can’t be counted to back up its commitments,” Bobker said.

A spokeswoman for the Department of Water Resources said the state and federal water projects regretted violating the rules, but said they were left with no choice but to store as much water as possible during a drought that could have lasted indefinitely.