Delta Pumping, Smelt Protection Agreement Reached

Water users, environmentalists, and state and federal agencies have reached an agreement on pumping operations in the Delta effective through June to both preserve the reliability of water exports and protect the Delta smelt.

Under the agreement, announced in a press release today by Secretary of the Interior Ken Salazar, pumping operations of the Central Valley Project and State Water Project must maintain Old and Middle River flows not more negative than -5,000 cubic feet per second. If the numbers of smelt harmed at the pumps exceeds agreed upon levels or if an imminent threat to the species is detected, the U.S. Fish and Wildlife Service may require reduced pumping operations to increase flows.

The agreement is in effect through June 30, after which all pumping restrictions under the smelt biological opinion cease.

The negotiated agreement addresses a pending court challenge to the FWS’ biological opinion on the Delta smelt. On May 27, U.S. District Judge Oliver Wanger issued a 126-page decision that found that the federal regulatory agency failed to use the best available science in restricting pumping to protect the smelt and did not consider human and other impacts. 

While a step toward consensus, the settlement does not resolve the underlying challenge to the biological opinion. Hearings to address that challenge are scheduled for July 8 and 9.

Read the Department of Interior’s news release and more about the negotiated agreement.