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Peace In Our Time?

Future generations aren't likely to find the date highlighted in their textbooks, but January 23, 2001, may have marked the end of one of the longest running water wars in California history. The East Bay Municipal Utilities District board of directors surrendered the agency's rights to the American River, and set up the framework for a Sacramento River diversion project, in conjunction with the city and county of Sacramento.

EBMUD had been squabbling with Sacramento and environmentalists over the issue since 1970, when the district signed a contract with BurRec granting it 150,000 acre feet of water from the American. Lawsuits ensued - environmentalists claimed that the diversion would cause major ecological damage to the lower river, while EBMUD adamantly insisted that it needed the upstream water because it was cleaner, and less expensive to treat, than that from the Sacramento. Efforts to negotiate a compromise repeatedly broke down. Why the sudden turnaround on EBMUD's part? Board Chair John Coleman noted that a district study released late last year found that American River water was no longer as pure as it once was, and that it would need almost as much treatment as water taken from the proposed Sacramento River diversion site, near the town of Freeport. And, he added, it was increasingly clear that the district didn't have political support for its position. Only a few local mayors publicly backed EBMUD, while other elected officials opposed it or remained silent. "The bottom line was that we were not going to prevail," he said somberly, just before the board voted 6-0 to ratify the memorandum of agreement. Under the pact, Sacramento and EBMUD will share the cost of building a diversion structure. The water will be pumped 14 miles through a new pipeline to the Folsom South Canal, then a similar distance to EBMUD's Mokelumne Aqueduct, which will carry it to the district's 1.2 million customers. EBMUD is currently finalizing an amended contract with BurRec, which is expected to allow it to take up to 133,000 acre feet in any single drought year, or a total of 165,000 acre feet over a three-year period. The district says the water is needed in the dry years, because a severe drought could force rationing by up to 65 percent. With the additional water, those cuts could be reduced to 25 percent.

"Sacramento gets what we've been striving for the last 30 years - protection of the lower American River," says Jim Sequeira, the city's director of utilities. He also notes that the city and county will be able to devote more resources to solving water problems instead of sparring with EBMUD.

There is still a lot of work to be done. The agreement outlines a series of steps and a timetable for working out the final details. If the fine print isn't inked by July 31, 2001, the memorandum expires, and EBMUD would once again be free to try and obtain American River water. In addition, environmental permits have to be obtained by July 31, 2002, and construction is scheduled to begin in 2005. Everyone acknowledges that things could fall apart, but there seem to be plenty of incentives for all sides to work together and get the project done. "It's a big change but a good one," says EBMUD board member Katy Foulkes. Environmentalists also say that the district should try to minimize the amount of water it needs by putting additional emphasis on reclamation and conservation programs. At the meeting however, EBMUD drew rare accolades from a number of environmentalists. Jim Jones, of the Save the American River Association, was one of the parties filing suit against the district in 1972. But on the 23rd he praised the board "for the momentous step you have taken. I know it was a difficult step. Thank you again."

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