It's the Law, Stupid!
Environmentalists have somehow convinced Friant that fighting for their water rights is a violation of an agreement no one else pays any attention to.
May 30, 2014
The Friant Water Authority lost their bid to stop Millerton Lake water from being shipped to the Exchange Contractors on the west side of the Valley. According to the Fresno Bee, "In rejecting the bid for a temporary restraining order, the court said the water allocation is a result of the way Congress wrote laws, not government regulators prioritizing fish and wildlife above farmers and the economy."
We have been saying for a long time now that laws need to change, and tinkering around the edges will not solve the problems, which is what Dianne Feinstein and environmentalists say is all that they can do. Judge Oliver Wanger said much the same thing in his ruling about the Delta Smelt. It's the law, stupid. If you want to do something about it you need to rewrite the law, not ask judges to grant your wildest wishes.
Friant never seems to understand this concept. They continue to back the 'process' of legislation moving through Congress, but never support re-writing the law. They refuse to support efforts by Devin Nunes and David Valadao to redo the San Joaquin River Restoration Setttlement. Instead they issue innocuous statements about supporting the 'process' and in the process continue to get their brains kicked out by enviros.
Environmentalists have somehow convinced Friant that fighting for their water rights is a violation of an agreement no one else pays any attention to. Maybe one of these days they'll see the light.
Friant Water Authority issues statement on denial of Temporary Restraining Order: “The Friant Water Authority has issued the following statement in response to today’s decision by U.S. District Judge Lawrence O’Neill to deny a temporary restraining order requested by the FWA and its member districts in connection with actions by the U.S. Bureau of Reclamation to release water from Friant Dam to supply senior water the U.S. Bureau of Reclamation to release water from Friant Dam to supply senior water: “The Friant Water Authority (FWA) is disappointed by the federal court’s denial of FWA’s request for a temporary restraining order. However, this is an interim ruling by the court and not a final decision on the merits, so FWA will still have a chance to prove its case when it gets its day in court. The court considered each of FWA’s three claims. First, while the court acknowledged the considerable economic impacts of the loss of Friant’s water supply, it determined that FWA’s contract-based claims should be addressed by the Federal Court of Claims. Second, the court indicated that it is not convinced that the water supply owed to the senior water rights holders on the San Joaquin River have priority over the refuge water supplies mandated by the Central Valley Project Improvement Act. Finally, the court noted that the Department of Water Resources was an indispensable party to claims related to the Coordinated Operating Agreement, but the state could not be compelled to participate in the federal court proceedings and thus the federal court could not rule on this claim.” Source: Statement of Friant Water Authority Regarding Denial of Temporary Restraining Order on Water Releases To San Joaquin River
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