Indexed News on:

--the California "Mega-Park" Project

Tracking measurable success on preserving and connecting California's Parks & Wildlife Corridors

READ OUR EDITOR ON FACEBOOK: facebook.com/rex.frankel
Showing posts with label Clean Water Act. Show all posts
Showing posts with label Clean Water Act. Show all posts

Thursday, July 8, 2010

Bush regime attack on L.A. Rivers is overturned...

-
Feds Restore protection to the L.A. River

Plus State officials announce the purchase of 4 acres along a tributary to the L.A. River known as Compton Creek

The deletion of protection for all but 4 miles of the L.A. River by the federal regulators was in response to a U.S. Supreme Court ruling that weakened wetlands protection laws, and locally it was part of an attempt to help landowners in the canyons that ring the L.A. basin to develop and fill in these canyons. Rare Earth News reported on this in 2008, concerning landowner Wayne Fishbacks's plans to develop the top of Browns Canyon in Chatsworth:
http://rare-earth-news.blogspot.com/2008/06/what-looks-like-river-but-isnt-sneak.html

---------------------------------

http://www.latimes.com/news/local/la-me-compton-creek-20100708,0,7714848.story

7/8/2010--U.S. EPA Administrator Lisa Jackson on Wednesday declared the entire concrete-lined Los Angeles River channel "traditional navigable waters," a designation crucial to applying Clean Water Act protections throughout its 834-square-mile urban watershed.
...Los Angeles County Supervisor Mark Ridley-Thomas would not argue with any of that. At the news conference he announced the purchase of a four-acre portion of the Compton Creek riverbed devastated by decades of storm runoff and illegal dumping.

-------------------------
FOR MORE:
http://lacreekfreak.wordpress.com/2010/07/07/big-newsepa-designates-l-a-river-as-navigable/

Rex Frankel Says:

I thought it was up to the Army Corps of Engineers to declare whether the river is navigable or not. I don’t know if the river is actually protected yet until the Army Corps makes this declaration. They are the ones that always issue permits to fill in “waters of the USA”, so I’m a little concerned that this isn’t the end of this battle.
  • Joe Linton Says:
    Rex – The US Army Corps of Engineers (USACE) is responsible for the initial designation (which they did and determined that only 4 miles of the L.A. River were, in their determination navigable.) The Environmental Protection Agency (EPA) can override the USACE. Once the EPA overrides the USACE, then the USACE issues permits, based on the EPA’s determination. The USACE and EPA stood together today and said the river is navigable, so it doesn’t look like there will be any more “battle” specific to that.
    There may still be some issues to work out relative to tributaries. Protected waters must have a “significant nexus” to a protected waterbody… EPA guidance on this is a bit vague. I seem to recall them saying that within 5 miles there’s definitely a nexus, and further than that, it’s not a clear call… so if a party wants to alter a small tributary at a point 5.5 miles from the L.A. River… it’s unclear (probably subject to legal dispute) whether that portion of that tributary is actually fully protected by the Clean Water Act.

Friday, October 16, 2009

Water hogs say Pay no attention to the man behind the curtain!

-
They've Got balls: Water Hogs set up an "Endangered Species" Protection Group


10/16/2009
excerpted from: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/10/15/state/n172713D94.DTL&type=newsbayarea#ixzz0U7jhrSXJ

...Executive director Craig Manson said the federal agency should classify the threatened smelt as endangered under the Endangered Species Act.

Manson said he believes the designation would lead wildlife scientists to find that the smelt are being harmed by a variety of environmental and human threats, including toxic chemicals and invasive species. Pumping out of the Sacramento-San Joaquin Delta by state and federal water agencies has largely been blamed for the smelt decline.

"They need to stop loading all of the blame onto pumping because that's an easy target," said Manson, who oversaw the U.S. Fish and Wildlife Service as an assistant secretary at the U.S. Department of Interior in the Bush administration from 2002 to 2005...

...Westlands Water District was among the water districts that argued the restrictions (on pumping to protect endangered fish) would harm Californians who depend on water from the delta. Its board president, Jean Sagouspe, is also chairman of the board of the endangered species council.

read their press release:
http://news.findlaw.com/prnewswire/20091015/15oct20091837.html

http://bestscience.org/
their goal is to "generate additional support for environmental statutes"

Wednesday, February 25, 2009

-

Groups Sue To Protect North Coast Rivers and Fisheries

State and regional water boards failing to comply with clean water laws


2/4/2009:--SAN FRANCISCO – A coalition of conservation and fishermen’s groups have filed a lawsuit today in state Superior Court challenging the failure by the state and regional water boards toimplement clean water laws that protect wild rivers and streams in California’s North Coast region.

The coalition -- which includes the Redwood Chapter of Sierra Club, Pacific Coast Federation of Fishermen’s Associations, Institute for Fisheries Resources, Friends of the Eel River, Friends of the Navarro Watershed, Environmental Protection Information Center, Northcoast Environmental Center, and Klamath Riverkeeper -- is urging the agencies to adopt clean-up plans required by state law that will meet pollution limits set by the U.S. Environmental Protection Agency.

“Regional and state officials have failed to develop realistic, workable action plans that protect water quality and provide habitat for endangered salmon that need cool, clean water to survive,” said George Torgun of Earthjustice, who is representing the coalition in court. “Without such plans, water quality in North Coast rivers and streams will not meet the standards that the state is obligated to achieve.”

Full press release is here:

http://redwood.sierraclub.org/Committees/Water/NorthCoast%20TMDL%20PR%20FINAL.pdf

Thursday, February 19, 2009

-
Congress Could Fix Bush-Era Court Attack on the Clean Water Act


excerpted from:
http://unearthed.earthjustice.org/2009/02/clean-water-act-is-broken.html

2/17/2009--The Clean Water Act, despite being one of our nation's most potent environmental protection laws for three decades, has an Achilles' heel -- a one-word weakness that the U.S. Supreme Court has expanded into an enormous loophole.

In decisions handed down in 2001 and 2006, the Supreme Court seized on that word -- "navigable" -- to make rulings that neither friend nor foe of the Act could predict, and none of us can live with. Effectively, the Supreme Court broke the Clean Water Act by saying Congress meant that the Act's protections apply only to "navigable" waters when it passed the Act to eliminate water pollution back in 1972. Therefore, only an act of Congress can mend this potentially fatal injury.

Fortunately, just such a bill is before Congress, called the "Clean Water Restoration Act." Introduced under an unfriendly administration, this proposed law is much more likely to be passed now. It will eliminate the word "navigable" from the Clean Water Act and replace it with the more familiar legal phrase, "waters of the United States," so that all waters -- not just those that are navigable -- are protected...

Wednesday, September 10, 2008

-----
Court Decision Freezes Stormwater Permitting; Entire Program in Limbo


July 2008 court decision and its aftermath has effectively frozen construction and stormwater permitting in southern California and created a game of high stakes political chicken among the Los Angeles Regional Water Quality Control Board ("Regional Board"), the regulated community, and the Court system.

A decision by an Orange County Superior Court judge ordered the Regional Board to set aside its March 3, 2005 Resolution (No. 2005-003) concluding the 2004 Basin Plan Triennial Review and adopting the 2004 Prioritized List of Basin Plan Issues for Investigations. The court also imposed specific requirements that will apply to any reconsideration of the 2004 Review or to the next scheduled review, and halted any regulatory activity designed to achieve "potential" beneficial uses for storm water and to any regulatory activity relating to water quality standards developed without consideration for economic impacts or for water quality conditions that "could reasonably be achieved."

The decision has sent shock waves through all affected stakeholders. For example, a July 16, 2008 memorandum from the Chief Counsel of the State Water Resources Control Board ("State Board") concludes that the Regional Board must immediately cease enrollments under statewide general National Pollutant Discharge Elimination System (NPDES) permits for discharges of construction and industrial storm water within the Los Angeles Region. This prohibition on new enrollments will remain in effect until such time as the State Board reviews, and, as appropriate, revises the water quality standards in the Los Angeles Basin Plan, as applied to stormwater discharges, in a manner consistent with State law. The freeze on new enrollments means that no new construction projects can begin in this region because all such projects must comply with the construction stormwater program, which has now been gutted.
This decision serves as the most recent chapter in an action brought by a group of 22 Southern California cities, along with the Building Industry Defense fund, against the State Board and the Regional Board seeking to compel these public agencies to correct mistakes of law and procedure committed during the 2004 Basin Plan Triennial Review.

This order reflects the court's judgment that the 2004 Triennial Review failed to give due consideration for the mandatory factors and requirements specified in the state Water Code. The staff report filed with the Regional Board on January 12, 2005 includes a commitment to consider revisions to beneficial uses proposed by staff and stakeholders and states that beneficial uses include "both existing and potential uses" in contravention of Water Code section 13241(a), which states that the uses that may be considered shall be past, present, and "probable future" beneficial uses. Despite this, the plan includes a provision for re-evaluation of potential uses.

The Court also questioned another provision in the Basin Plan that gives high priority to incorporating by reference provisions contained in the California Toxics Rule (CTR) promulgated by the US EPA that sets numeric criteria for priority toxic pollutants for all inland surface waters and enclosed bays and estuaries in California. Although such administrative action would not immediately place new requirements on permittees, it nevertheless revises existing water quality objectives without due consideration for Water Code sections 13241(c), requiring analysis that water quality conditions be reasonably achievable and (d), requiring consideration of economic impact.

This decision sends the Boards of both agencies back to the planning process for Basin Plan reconsideration or review in light of the court's decision. In the interim, and at a minimum, the enrollment of new dischargers in the Los Angeles region under the existing general storm water permits will cease until new Basin Plan standards are approved, or the court's decision is modified or overturned. An appeal of the decision by the State and Regional Board is expected.
For environmentalist activists, the decision clearly constitutes a defeat. Their efforts to use the TMDL process to impose strict discharge requirements on local impaired water bodies will now depend on how the water board balances water quality objectives with the statutory factors enumerated in the Water Code, which mandate consideration of feasibility and economic concerns.

By responding with the drastic measure of freezing all stormwater enrollments, the Regional Board is effectively playing a high stakes game of chicken with the Court and the regulated community. Concurrently, the Regional Board has also sought a new trial. In the interim, the entire local stormwater permitting process remains in limbo.

Kenneth A. Ehrlich is a partner in Jeffer, Mangels, Butler & Marmaro's Government, Land Use, Environmental & Energy Department. The firm has offices in Los Angeles, San Francisco and Orange County.

Saturday, August 16, 2008

-----
In the Search for Natural Treatment Methods for Urban Water Pollution, Expecting Existing Natural Areas to do the Job Can Be A Hard-Sell

Gentle Treatment
Cities Run Up Against Regulations in Attempt to Go Green
by Lisa Owens Viani

From Terrain Magazine, Summer 2008

http://ecologycenter.org/terrain/article.php?id=13649

What to do with human waste isn't dinner-table conversation, and it hasn't been city hall's favorite topic either. Now, with energy and chemical costs rising and conventional sewage treatment plants needing refurbishing to continue doing their jobs, cities are hunting for a better way to handle sewage—and it's easy to see why wetlands treatment ponds jump to the top of the list. These wetland areas, in which sunlight, soil, plants, and bacteria help break down waste, are often used in combination with conventional treatment, but they are greener and cheaper than the usual method, and they attract wildlife. With its flocks of resident and migrant birds, the treatment wetland at Arcata Marsh has become a major tourist attraction. And treatment wetlands are doable—or at least they used to be.

Treatment wetlands need to be built near an existing plant to minimize pumping costs, close to a potential disposal or re-use site, and on relatively flat land, all of which narrow down a city's site choices. In some cases, there's another hurdle to pass: proposals to create treatment wetlands are getting the ax because the site is already in use & as another wetland. Recently, the North Coast Regional Water Board shot down several cities' proposals on the grounds that installing a treatment wetland could damage an existing wetland on the same site. The board is attempting to protect existing wetlands even if they are seasonal or already degraded by livestock grazing.

But if a little wetlands is good, isn't a whole lot of wetlands better? Does a seasonal horse pasture count as degraded land ripe for a wetlands, or is it a habitat to preserve? Everybody involved in these stand-offs is trying to do the right thing, and the clashes demonstrate the strains between environmentalists with different land-use priorities.

First, though, a word about waste: It's routine for most of us to flush a toilet and not give it a second thought. Unless you have a septic tank (and most urban users don't), the flush goes into a sewer pipe that connects to a wastewater treatment plant. The force of gravity helps carry waste to the plant, but if the plant is uphill, sewage has to be pumped. The plant is likely a large concrete building tucked out of sight, and the only clue you might have to its existence wafts your way when the breeze blows just right.

After the sewage arrives at the plant, large debris is screened out (you'd be surprised what ends up in sewer pipes), and then the sludge is aerated and mixed in large vats. Grease, plastics, and soap are skimmed off the top, and the wastewater is sent to more tanks where it is disinfected using chlorine and other chemicals. Solids are kept for days in large heated digesters where bacteria gobble up as much as they can; the remains are sent to a landfill or incinerator. Some plants make leftover solids into "cakes" or "pellets" to be sold as fertilizer. The disinfected wastewater is discharged—usually via a long pipe—as far out as possible into a nearby bay, river, or ocean. If you've ever been trapped in traffic in the MacArthur maze, you likely noticed that East Bay MUD's treatment plant is located nearby, with its discharge pipe into the bay.

In rural areas where land is still available, treatment wetlands offer a viable alternative. They mimic and function like natural wetlands, with plants, soils, algae, and bacteria filtering and taking up nutrients from the waste. These created wetlands usually work along with some traditional treatment but still greatly reduce the use of energy and hazardous chemicals, as well as maintenance costs. Martinez, Hayward, Palo Alto, and Los Gallinas in Marin County treat their waste with wetlands; Humboldt County's Arcata, Manila, and McKinleyville also use the system, and Petaluma is completing construction.

Treatment wetlands keep waste local: "The worst thing we can do is treat [waste] at the end of the pipe," says treatment wetland expert and Humboldt State environmental engineering professor Brad Finney. "Shipping it off to some place on the other side of the bay where some magical plant pops out a little brick—I'm not interested in that." One of the biggest benefits of treatment wetlands, say advocates, is that they provide much-needed wildlife habitat, helping replace wetlands that have been filled for big boxes or condos.

What about the witch's brew of chemicals that clogs our sewers these days? Finney, who helped write the US Environmental Protection Agency's manual on treatment wetlands, says wetlands probably do a better and safer job of tackling contaminants than traditional treatment. "Worries about toxins are real, but [many toxins] are not removed during conventional wastewater treatment," he says. "With treatment wetlands, you're tightly regulated—you're right there in front of everyone's face. If dioxins start showing up, we can control them, contain them in a treatment wetland. With traditional treatment you send it out there into the bay or ocean and hope for the best. If it shows up in fish in fifty years, it's too late."

Finney was part of a team that studied potential pollution bioaccumulation at Hayward Marsh's treatment wetlands. "It was a comprehensive study, and no significant problems were found with birds, mammals, or other organisms," Finney says. "In fact, we found that the wetland water and sediments were significantly better than the adjoining bay muds and waters. In wetlands, there's an incredibly diverse set of organisms, solar radiation, lots of oxidizing agents, and lots of time—thirty, forty, fifty days of contact [compared to the average three to six days at a traditional plant]. It's likely that that complex environment can handle being exposed to these toxic compounds and also attenuate them better than conventional treatment—it can't do any worse. The key is a lot of opportunities for organisms to naturally break things down."

The downside to treatment wetlands is that they take up more land than those concrete buildings—and some communities have identified sites for treatment wetlands that already contain seasonal wetlands used for grazing cattle or horses. That's how Ferndale and Willits ran afoul of the North Coast Regional Water Quality Control Board—and in the case of Willits, aroused the ire of environmentalists who might be expected to support this greener method of treating waste.

When a proposed site contains a wetland of any kind—or in any condition—state and federal laws designed to ensure no net loss of wetlands come into play, particularly since so many wetlands have been destroyed, and continue to be destroyed, by development. In California, wetlands fall under the jurisdiction of the US Army Corps of Engineers, the region's water board, the US Environmental Protection Agency, and the Department of Fish and Game. Explains North Coast Regional Water Quality Control Board's John Short, "Wetlands, riparian areas, and headwaters are shallow waters, which by their nature are affected most often and severely by filling and excavation." When regulatory agencies allow developers or others to fill or alter natural wetlands, those parties are required to mitigate by creating new wetlands on- or offsite.

In Willits, a long-planned proposal to build full-treatment wetlands on agricultural land that contained seasonal wetlands was turned down by the North Coast water board regulators. "We had the land purchased; we had the design for three levels of treatment," says Willits city manager Ross Walker. "We knew that the deep oxidation ponds [used for the first level of treatment] would have taken some area designated as jurisdictional wetlands, but the treatment wetlands were designed not as a detriment to wetlands but an enhancement."

That was not the view of the water board or the Army Corps of Engineers, says Walker. "Our question was, what was our impact going to be? I could see no rationale for [the board's position] because 'no net loss' made no sense in an area where there are hundreds of acres of wetlands. We never wanted to do anything that was not improving the environment; we felt like we were enhancing it." Walker says he understands and supports wetlands regulations and stresses that he is not a scientist. What he can't understand is the board's decision: "When you're taking a piece of hardened ranchland, you're not talking about a major detriment to a wetland."

The city could have mitigated off-site—but "the cost [to acquire land] is a big thing for a small city; we couldn't do it," says Walker. Willits is now trying to squeeze an upgraded facility onto the footprint of its current plant and build a much smaller treatment wetland in an upland area. Because of the delays, Willits must raise its sewage rates to pay for the new mechanical plant.

Regulators weren't the only problem in Willits, says Walker. "We didn't have the full backing of a very active environmental group here," he says. The Willits Environmental Center's Ellen Drell says her organization was disturbed both by the scale of the project—ponds with berms for primary treatment, and acres of treatment wetlands for secondary treatment and beyond—as well as the proposed location. "The fact that this valley is a seasonal wetland makes it even richer than a permanent wetland," she says. "It acts as a sponge to absorb excess runoff; it recharges groundwater, mitigates flooding, and supports a wide range of vegetation and critters. That there's not only water every winter, but grasses going to seed in other seasons, is one reason it supports so many species."

Drell says she felt the city leaders never understood the value of seasonal wetlands. "They thought, 'If a little bit of wet is good, then a whole lot is really good.' We disagreed." Drell says the seasonal wetlands flood in the winter and connect to local creeks that support runs of steelhead, and Chinook and coho salmon. That made her nervous about altering the existing hydrology. Drell says the sewage treatment wetlands, some of which would be surrounded by berms, would have blocked the flow of water into the creeks. Drell says she wouldn't have objected had the city put wetlands on the site of an auto wrecker or lumber yard, but she felt the proposed site—known by locals as Little Lake—was just the wrong spot. "They said, 'There's nothing there.' But there is something there."

Farther north, Ferndale also ran up against the North Coast Regional Board. Facing enforcement orders from the board to upgrade its existing plant, the city rallied the community around the idea of a treatment wetland. City councilmember and wetlands ecologist Ken Mierzwa says the treatment wetland had tremendous support from Main Street business owners. "A lot of them are elderly and conservative politically," says Mierzwa, "but they understood that birdwatchers would come to see the birds."

Ferndale's geography got in the way. Situated at the mouth of the Eel River, the city is surrounded on three sides by wetlands—the floodplain of the Eel. That meant that building a treatment wetland on open space anywhere close to town would have involved impacting a natural wetland, says John Short, even if those wetlands happen to be cow pastures. And that meant that Ferndale would have had to mitigate for those impacts—with the only space available for mitigation on an upland area, a less than ideal spot for creating a wetland.

Building a mitigation wetland upland probably has the "least likelihood" of success, says Mierzwa: "You'd be trying to force ecological processes to do something they don't naturally do." Finney, too, was frustrated by the outcome in Ferndale. "There's nothing wrong with the wetlands that exist in a cow pasture, but to say that the [treatment wetland] systems we're creating have less wetland value makes no scientific sense."

Short says, "No one technology fits every situation. Each community has its own unique set of issues. In my mind, certain wetland treatment advocates have done a disservice to small communities by pushing treatment wetlands as a solution to all wastewater problems, and unfortunately, that is not always the case. Our responsibility is to remove pollutants before the discharge reaches our wetlands and streams." The bottom line, says Short, is that if Ferndale had been able to do enough wetland mitigation, the Regional Board probably would have permitted their project. Instead, Ferndale, like Willits, will undertake an expensive major upgrade of its existing treatment plant.

It wasn't always this hard to build wetlands. In 1974, the Mt. View Sanitary District in Martinez became the first wastewater wetlands in the state, built on the site of a degraded natural wetland that had been diked off and used for agriculture. The site was located between the treatment plant and the Carquinez Strait, where the district discharged its wastewater. To adequately dilute its waste, the district needed to build a very long, expensive, deepwater outfall pipe, says Mt. View Sanitary District's Dave Contreras. Instead, the wetland helped Mt. View retain and treat its wastewater sufficiently so that it did not need to build the pipe. In the early '90s, the district upgraded its traditional plant to use UV disinfection and sand filtration to treat the wastewater before it enters the wetlands for final treatment.

In addition to an enthusiastic San Francisco Bay Regional Water Board, Mt. View had support from the Department of Fish and Game and the Audubon Society, says Contreras. Today, the marsh is promoted as Martinez's crown jewel. "We have over 120 species of birds and wildlife, deer, river otter, fox, and beaver in these wetlands," says Contreras. By switching to UV and sand filtration for primary and secondary treatment, and treatment wetlands for final treatment, Mt. View has been able to stop using chlorine gas, gaseous sulfur dioxide, sodium hydroxide, and anhydrous ammonia, says Contreras. "We eliminated the use of acutely hazardous materials. It's actually been a model for the Bay Area."

Steve Moore, an engineer who formerly worked for the bay's regional water board and is now with a private engineering firm, says he thinks Mt. View produced "a net environmental benefit of treating waste while providing 21 acres of habitat." But as he points out, making a decision isn't always easy. "From a regulatory perspective, you have to decide: How do you fairly account for that lost natural wetland versus the wastewater purification function on your balance sheet?" he asks. "It's different environmental values clashing. I think we have to take a more holistic perspective and realize that all of us are robbing the state's natural waters for drinking and farming. That water is unavailable for wetland habitat. As we try to make gains in wetland function and habitat, wastewater wetlands are a good tool. That's the perspective we're missing."

Since it's hard for regulators to decide whether building treatment wetlands is ultimately going to help or hurt the local environment, the decision process can be rife with contradictions and absurdities. The Arcata Marsh and Wildlife Sanctuary, a highly successful treatment wetland and a major tourist attraction, likely would not be permitted by the North Coast Regional Board today. Arcata Marsh was built on top of historic wetlands that had been filled and become degraded, says Finney. "Their functioning was extremely poor, but in today's regulatory environment, [some regulators] would have said they were jurisdictional wetlands."

Often where a treatment wetland can or cannot be built depends on the judgment of the individual regulator—and the regional board office—involved. Says Bob Bastian with the US EPA's Office of Wastewater Management, "It's not unusual to see varying interpretations and constraints being imposed by field offices. The same thing happens with the US Fish and Wildlife Service and endangered species. In one part of the country they are open and willing to work with [a private landowner or developer] on how to manage an area to protect endangered species. In another office, you just can't do anything. I think we're seeing some of the same thing happening when it comes to how to protect existing wetlands."

Finney points out that since we have paved over most of our historic wetlands, constructed wastewater wetlands help replace that loss. But, he says, "If you object to the notion of using a wetland for treating water—which is what wetlands have been doing since before man roamed the planet—that contains some human waste, then it will be increasingly difficult to find sites that can receive regulatory approval." The bottom line is treatment wetlands have to be done right and in the right place, says Finney. "I wouldn't want to convert a nice, beautiful existing wetland to a treatment wetland. But where there's an opportunity to create new beneficial uses and at the same time take care of a problem, I think we should do it."

Monday, June 2, 2008

-----
What Looks Like a River but Isn't?


A Sneak Attack on the Clean Water Act at the L.A. River by Federal Bureaucrats could Crush Efforts to Restore Urban Creeks and Rivers Throughout California and the USA. By redefining protected rivers as only ones wet and deep enough to be "navigated", a major hurdle for developers could be removed



Is the L.A. River up a creek?

If the waterway is not officially deemed to be 'navigable,' many of its tributaries could lose important protections.

By Deborah Schoch, Los Angeles Times Staff Writer
June 1, 2008

Over the years, the Los Angeles River has been redrawn, clad in concrete, tainted with chemicals, invaded by countless Hollywood car chases, dismissed as a glorified storm drain.

Now comes the latest slap. The city's river can't even float enough boats to qualify as a full-fledged navigable waterway, according to the Army Corps of Engineers.

River advocates are outraged.

"They're just wrong. That's the simple version of it. We've done kayak trips from the Valley to Long Beach a dozen times in the past 10 years," said poet and writer Lewis MacAdams, founder of Friends of the Los Angeles River.

It doesn't end there. What might seem a minor bureaucratic tweak by the Corps could have a domino effect across the river's 834-square-mile watershed, say worried environmentalists and some federal, state and local officials.

Critics say the draft decision issued by Corps regulators weakens federal water protections for many seasonal streams that feed the river. They say this could translate into more mountain development and more dirty runoff flowing through cities to the Pacific.

"Practically speaking, the March 20 decision would open up a number of tributaries and streams to the argument that the Clean Water Act doesn't apply," said David Beckman, senior attorney at the Natural Resources Defense Council.

But how is the Clean Water Act -- among the strongest federal laws guarding rivers, lakes and streams -- linked to the ability to float a boat down the Los Angeles River?

The answer is cloaked in bureaucracy and court rulings.

A 2006 U.S. Supreme Court decision weakened the power of the Clean Water Act to protect certain seasonal streams. Federal regulators who decide whether a stream is protected by the law must first find the closest navigable waterway. Then they have to decide whether the stream has any effect on that waterway.

If it doesn't, landowners may not be required to obtain certain federal permits before building homes, roads or other projects over those seasonal streams. Their plans, however, would still be subject to local zoning laws and building codes.

In a case involving the Los Angeles River, regulators determined that most of it isn't navigable in the first place. So some streams on the edges of its watershed -- most in the mountains and foothills ringing Los Angeles -- may lose some federal protection, critics say.

The local Corps officials who wrote the March 20 draft decision say they strictly followed guidelines developed after the Supreme Court decision.

"When we looked at the L.A. River, we did not find evidence of navigation" beyond the Pacific Coast Highway bridge in Long Beach, two miles north of the ocean, said Aaron Allen, the regulator who wrote the draft decision.

He stressed that the decision does not weaken any federal laws that protect the water in the river, which is fed in part by reclaimed water from sewage treatment plants. He agreed that seasonal streams far up in the watershed, however, could have less protection.

But in the face of critics' concerns, the Corps has withdrawn the navigable river decision pending further study. The results of that review are expected within days.

Col. Thomas Magness, commander of the Corps office that oversees part of the Southwest, emphasized that the Corps is working with the U.S. Environmental Protection Agency on a final decision.

He promised, "it's going to be something we can all understand and defend." He said it was "purely speculative" to conclude that designating the Los Angeles River as nonnavigable would lead to more lax development standards over streams. "I would not begin to throw in the towel and submit to that conclusion."

Any proposal to fill in or build over streams will still be reviewed on a case-by-case basis "on its own merits," he said.

Yet the Los Angeles River case is attracting interest in Washington and elsewhere in part because it's among the first in the nation after the Supreme Court decision.

"The implications of these decisions could be quite large," said David Smith, chief of wetlands regulation at the EPA southwest region, who has met twice with Corps officials while trying to change their decision.

Los Angeles River defenders such as Rep. Henry A. Waxman (D-Los Angeles) and Nancy Sutley, Mayor Antonio Villaraigosa's top environmental deputy, have written letters to federal officials, criticizing the river ruling.

"If the Corps of Engineers applies a similar approach to other rivers, protections against water pollution that are now taken for granted could be seriously eroded throughout the nation," Waxman wrote in a letter to the EPA. He said the draft decision could undercut Clean Water Act rules governing waste discharges, dredging, oil spill prevention and water quality standards in much of the Los Angeles River basin.

Meanwhile, local river enthusiasts are rushing to collect photos and videos of friends and relatives paddling on the river in canoes and kayaks.

Their goal is to prove that yes, indeed, just like the Mississippi and the Potomac, Los Angeles' river is worthy of navigation -- maybe not by cargo ships, but at least by canoes.

Web of tributaries

The drama got its start not on the river but in a far-flung web of tributaries in the Santa Susana Mountains north of Chatsworth.

There, rancher Wayne Fishback hoped to fill some seemingly dry stream beds to build a road and prevent erosion on his sweeping mountain property above Brown Canyon Wash, a tributary of the Los Angeles River. He asked for guidance from the Corps of Engineers, which regulates parts of the Clean Water Act.

Fishback's request landed on the desk of Aaron Allen, chief of the Corps' North Coast office in Ventura, who holds a UCLA doctorate in fluvial geomorphology, or how streams shape the land.

Ten years ago, Allen's job would have been easier. In those days, federal clean-water laws typically covered the seasonal streams, marshes and pools common in the arid West.

All that changed with the 2006 Supreme Court decision in which Justice Anthony Kennedy wrote that the Clean Water Act would apply to a water body if it had a "significant nexus" with "traditional navigable waters."

So Allen's review ballooned into a full-scale review of the Los Angeles River. He concluded that only 1.75 miles of the river upstream from the ocean is navigable.

The remaining 49-mile stretch -- which cuts north through southern Los Angeles County and then west into the San Fernando Valley -- did not meet the legal test of being navigable, he wrote.

"Presently, the occasional use of kayaks and/or canoes on other reaches of the river are sporadic and do not support any associated commerce," Allen wrote in the March 20 memorandum. Nor could he find evidence of historical navigation.

"Finally, the capacity to provide navigation at some point in the future is highly doubtful given the river's configuration, hydrology and fundamental use as a flood control channel."

Memo leaked

For Fishback, that was good news: His land lies so far upstream from the PCH bridge that he probably can fill four of his streams without navigating the time-consuming permit process.

But when the Corps memorandum was leaked to river advocates in April, the uproar ensued.

George Wolfe, a Venice-based kayaker who founded the satire website www.lalatimes.com, helped create a video last year featuring him commuting by kayak on the river in a business suit.

"As a boater with some 30-plus years of boating I can honestly say that it's a perfectly navigable river," he said in a letter submitted to the Corps along with the video.

Some local officials are urging the Corps to conduct its review in public.

"My agency wasn't consulted, wasn't made aware of it," said Tracy Egoscue, executive officer of the Los Angeles Regional Water Quality Control Board, who learned about the decision from the EPA and criticized the lack of citizen input.

Magness said the Corps invested countless hours in the decision and conferred with other federal, state and local officials. "By no means have we done anything without public involvement."

But for Egoscue and others, the designation reaches beyond the thicket of environmental bureaucracy.

Egoscue characterizes the Corps' decision as showing "a fundamental lack of understanding and respect for the resource to come in and make a decision without citizen involvement."

"It's not just about the law and the permits this board writes," she said. "It's about the perception of the river. . . . The Los Angeles River is our Potomac."

LA meetuphikes.org

E-Mail the editor:

rexfrankel at yahoo.com

Blog Archive

Quick-Search of Subjects on the Site