Bureau of Reclamation: San Joaquin River Restoration Program

San Joaquin River Restoration Program

Contact: Pete Lucero, 916-978-5100

Introduction

On September 13, 2006, after more than 18 years of litigation, a Stipulation of Settlement (Settlement) was reached on a lawsuit known as NRDC, et al., v. Kirk Rodgers, et al. The Settling Parties reached agreement on the terms and conditions of the Settlement, which was subsequently approved by Federal Court on October 23, 2006. The "Settling Parties" include the Natural Resources Defense Council, Friant Water Users Authority (FWUA), and the U.S. Departments of the Interior and Commerce. The Settlement's two primary goals are:

Restoration Goal - To restore and maintain fish populations in "good condition" in the main stem of the San Joaquin River below Friant Dam to the confluence of the Merced River, including naturally reproducing and self-sustaining populations of salmon and other fish.
Water Management Goal - To reduce or avoid adverse water supply impacts to all of the Friant Division long-term contractors that may result from the Interim Flows and Restoration Flows provided for in the Settlement.

Planning and environmental studies are currently being completed under the authority and funding of the Central Valley Project Improvement Act (CVPIA). Signed in 1992, the CVPIA included provisions for developing a restoration plan for the San Joaquin River and instituted a fee structure for Friant Division contractors for such activities.

Implementation of the Settlement, including planning, environmental studies, and other activities necessary to achieve the Settlement's Restoration and Water Management goals are also authorized in the San Joaquin River Restoration Act (Act), included in the Omnibus Public Land Management Act of 2009. The Act, which authorizes and directs the Secretary to fully implement the Settlement, was signed by the President on March 30, 2009, and became Public Law 111-11. The Act also established the San Joaquin River Restoration Fund (SJRR Fund).

Funding for the implementation of the Settlement will come from several sources: Friant Surcharge Collections - Friant contractors' environmental fee expected to average about $5.6 million per year; Friant Capital Repayment - Friant division water users' capital component of their water rates redirected into the SJRR Fund; CVPIA - up to $2 million annually of other Friant Divison water users CVPIA Restoration Fund payments; Federal Appropriations - up to $300 million of additional Federal appropriations requiring a non-federal cost-share of an equivalent amount; and State funds - about $200 million in bond funds from Propositions 84 and 1E passed by California voters in 2006.

Implementation

The Settlement states that the Secretary of the Interior will implement the terms and conditions of the Settlement. Additionally, the Settling Parties agreed that implementation of the Settlement will also require participation of the State of California (State). Therefore, concurrent with the execution of the Settlement, the Settling Parties entered into a Memorandum of Understanding (MOU) with the State regarding its role in the implementation of the Settlement.

The Program established to implement the Settlement is the San Joaquin River Restoration Program, and the "Implementing Agencies" responsible for the management of the Program include the Bureau of Reclamation, United States Fish and Wildlife Service, National Marine Fisheries Service, and the California Department of Water Resources and Department of Fish and Game.

Last Updated: November 12, 2009