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Valley ag officials see hope in federal idea while raising doubt. Nov. 07, 2009 By John Ellis / The Fresno Bee fresnobee.com A federal attorney has hinted that cleanup of tainted irrigation water on the Valley's west side -- and resolution of a 20-year legal battle over the issue -- may be on the horizon. During a recent federal court hearing, attorney Stephen Macfarlane -- prodded by a federal judge -- said the U.S. Bureau of Reclamation had access to $450 million that could potentially be used to help clean up the contamination. Though intensely skeptical, west side agriculture officials say this marks the first significant proposal from the federal officials who have to date only offered what they consider minor, insignificant solutions -- and little money. "I think there could be some movement," said Sarah Woolf, a spokeswoman for the Westlands Water District. Still, she added: "I don't believe the Bureau of Reclamation is ready for that movement." Macfarlane said in court that the Bureau of Reclamation has the money in hand. But he also said it must be submitted to the Office of Management and Budget and approved by Congress. Also, west side farmers and ranchers would have to reimburse the government for the capital projects the money would fund, and also pay for ongoing operations and maintenance of any new facilities. The problem is caused by soil conditions that prevent water from seeping far into the ground in many places. Minerals build up, poisoning plants and wildlife. There were no specifics offered, but one potential option is to pump out the tainted water, remove the toxins and then reuse the water. Westlands already is constructing a treatment plant for the tainted water. Bureau of Reclamation spokeswoman Lynette Wirth declined to comment. She said the issue is still being studied. Macfarlane's statement came in the latest hearing on a lawsuit that was filed in 1988 and dealt with tainted irrigation water that could not percolate through dense clay in the Valley's soil. The federal government long ago promised to provide drainage for the area, and in the 1970s constructed about 80 miles of a concrete canal called the San Luis Drain. It was used to carry away the used irrigation water. Originally, the drain was supposed to extend to the Sacramento-San Joaquin Delta, but Bay Area opposition and lack of funding stopped it at Kesterson Reservoir in western Merced County. The concentrated contaminants at Kesterson led to a wildlife disaster, and the drain was shut down in 1985. The bad water remains, however, and could poison the land if it rises to the level of the root zones for crops. The lawsuit is seeking better drainage. Over the years, the suit has made its way to the 9th U.S. Circuit Court of Appeals and back -- and is still going strong. In 2000, U.S. District Judge Oliver W. Wanger ordered the government to develop a plan to deal with the tainted water. A proposed out-of-court settlement emerged in early 2007 under which west side irrigation districts would take over 100 miles of canals, pumping plants, reservoirs and possibly power plants in the San Luis Unit. They would be responsible for running the water system and devising a cleanup for the tainted land. The farmers would be forgiven $490 million in debt for construction of the San Luis Unit, and the lawsuit over the tainted water would be dismissed. But the agreement needed congressional approval -- which never came. It also was opposed by environmental groups, Woolf said. This summer, with the matter still dragging on, Wanger told the government to show what it is doing to help with the drainage issue. By the most recent hearing, Wanger had grown frustrated enough to say he was ready to hold a hearing in which the government would have to show why it should not be held in contempt of court for not developing a plan for the water. That is when Macfarlane offered the possibility of the $450 million. The money would only be for the southern part of the San Luis Unit, which includes most of Westlands. The northern part -- another 100,000 acres -- will take another $500 million to fix. In court briefs, the government had said it was working to solve the problem with a $7.5 million allocation for Westlands. Among the projects funded would be the treatment plant to treat the ground water, as well as several water-conservation proposals. They also talked of other proposals outside of Westlands, including lining a canal with concrete to minimize seepage. Disappointed and frustrated west side agricultural officials deemed it unacceptable. Pointing out that both Wanger and the 9th Circuit had held that the federal government had a duty to provide drainage for the San Luis Unit, Westlands attorney Daniel O'Hanlon said in a brief that the federal government's proposals did not meet Wanger's demands from this summer. Given the years that have passed, agriculture officials are wondering why the $450 million offer has just now been put forward. Said Woolf, the Westlands spokeswoman: "If this is really available to them, they could have done this five years ago." |
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