The Willow Glen Resident

Photograph by Christopher Gardner

Rushin' River: Answering charges that it allowed the Guadalupe River to dry up, the Santa Clara Valley Water District has increased the flow to areas with large populations of fish.

Water district adopts policy to ensure the health of fish

More water is being 'spent' to help keep them in the swim

By Cecily Barnes

Next week construction crews will tear concrete slabs out of the Guadalupe River, to ease the exhausting upstream swim fish make each year in order to spawn. By the year 2000, luxuries such as miniature climbing ladders, shade trees and an extra helping of water will likely follow. Whether spurred by a guilty conscience, fear of legal consequences or a general change of heart, these charitable actions are part of the Santa Valley Water District's new policy to improve relations with its scaly friends.

"The old way of thinking was that water released [downstream] into the bay was wasting water," says water district project manager Melanie Richardson. "But over the past few years, hearing from both the public and other agencies, we've all become aware that [expending water for fish] is something we need to factor into our overall water supply. We've moved away from being just a flood-control and water-management agency to having a responsibility for environmental stewardship of the stream."

To the best of Richardson's recollection, this summer was the first time in water district history that cold water continuously spilled from the reservoirs solely for the purpose of keeping fish alive. Never before has so much valuable water--enough for 2,400 families for an entire year--been "spent" exclusively for fish. The action marked an important change: The Santa Clara Valley Water District has tossed off its bad-boy attitude--that protecting fish isn't its job--in favor of a more flexible approach toward life in the streams.

Three legal threats in as many years might have something to do with the change of heart. Under California Fish and Game law, organizations that dam water must operate the water flow in such a way that benefits the fish in the creeks below. In 1995, a lawsuit was filed against the water district, charging that it ignored this responsibility by allowing the Guadalupe River to dry up. The suit was settled, and the water district agreed to come up with a fish-friendly game plan, says SCVWD attorney Tony Bennetti. But the next year, another complaint was filed with the state water board, similarly alleging that the SCVWD ruthlessly watched as streams dried, as well as accusing the district of violating other Fish and Game codes. To avoid testifying before the board, the water district took action. "We approached Fish and Game and said, 'Look, no matter what the water board decides. we're always going to be taking conflicting positions, so how about taking an comprehensive look at all of our operations?' " says water district spokesman Mike DiMarco. Fish and Game eagerly jumped on board, as did six other local and environmental organizations. The Fisheries and Aquatic Habitat Collaborative Effort (FAHCE) was formed, with the goal of releasing an action plan for the water district by 2000. "We made the decision that we didn't want to fight that or go to court; we wanted to come up with solutions," Richardson says.

But one year later, the water district dried back the Los Gatos Creek. The slip-up was short-lived. Within hours, the county's chief environmental prosecutor, Will Richmond, marched down to the creek and ordered the water flow turned back up. Since then, the water district has been law-abiding, working hard on the collaborative plan. Last week, the group was awarded a $178,000 Cal-Fed grant to remove barriers from the Guadalupe River. This project will begin Sept. 28 and will be the first in a series of interim actions the collaborative will take, so that the fish don't have to wait until the group's plan is completed in 2000.

"It all comes down to the same bottom line, that people feel fish should have a higher stake in water use in the Santa Clara Valley," said SCVWD spokesman DiMarco. "We need to try and balance wildlife's need for water with people's need for water."

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