A coalition of environmental organizations has filed suit in the California Superior Court to prevent the Sites Reservoir in California’s Sacramento Valley from proceeding, stating the project fails to comply with the California Environmental Quality Act (CEQA).
Friends of the River, the Center for Biological Diversity and others have filed a writ of mandate against the Sites Project Authority, claiming the approval of the final environmental impact report (FEIR) fails to comply with CEQA guidelines.
They contend the reservoir is designed for irrigation water supplies—not to store water to meet watershed ecosystem or species conservation needs—to the detriment of species listed under the Endangered Species Act (ESA) and the California ESA.
“The Sites Reservoir project will cause much environmental harm, which falls on the public, and a small amount of good, which primarily benefits the project investors,” said Ron Stork, senior policy advocate at Friends of the River.
The proposed Sites Reservoir site, located northwest of Sacramento, CA, will hold up to 1.5 million acre-feet (an acre-foot is 325,851 gallons) of water by capturing storm-related runoff and a portion of storm-related flood water north of the Sacramento-San Joaquin Delta.
According to the suit, the project would construct two main dams, saddle dams and dikes, 46 miles of roads and two recreational areas.
The environmental groups acknowledged in a press release that despite its high cost and associated environmental drawbacks, the project is projected to offer a relatively modest increase in the state’s water supply capacity, approximately 3.5%.
The project is estimated to cost $4.5 billion and has received $233.7 million in federal contributions to date. California has funded over $46 million for the project from early funding and is eligible for another $875.4 million from Proposition 1 bonds.
“Water storage undoubtedly provides some benefit, but we should be looking at cheaper alternatives that do more for people, rivers and fish,” said John Buse, an attorney at the Center for Biological Diversity.
The groups contend the FEIR does not use a correct environmental baseline and instead relies on a 2019 Biological Opinion and the 2018 Bay-Delta Water Quality Control Plan. They further claim the FEIR ignores upcoming changes to the water standards into and out of the Sacramento River and in the Delta region as part of the state’s water board’s update to the Bay-Delta Water Quality Control Plan.
The groups further assert the FEIR didn’t consider feasible alternatives, especially those reducing water diversions from the Sacramento River, aligning with the best available science for protecting native fish and wildlife populations.
“Diverting too much water will never solve the problem of giving away too much water,” said Chris Shutes, executive director of the California Sportfishing Protection Alliance. “But the only alternatives the Sites environmental report looked at were different ways to divert more water.”
The suit continued the FEIR did not meet the requirements of CEQA as it did not sufficiently disclose, analyze or mitigate the project’s significant environmental impacts and cumulative effects as mandated by law. When mitigation measures and project alternatives are not implemented, CEQA findings must specify the economic, legal, social, technological and other factors that render the adoption of these measures or alternatives infeasible.
“Sites will perpetuate California’s antiquated and inequitable water distribution system to the detriment of Northern California Tribes, salmon and water quality,” said Regina Chichizola, executive director of Save California Salmon, a tribally led environmental justice organization. “It will promote the concentration of water and power in the hands of the few and ignores Tribal rights and consultation,” Chichizola continued. “We have no choice but to challenge it in court.”
The environmental plaintiffs are asking the court to issue a writ of mandate directing the Sites Authority Board to set aside certification of the FEIR and the project. — Charles Wallace, WLJ contributing editor
