Benicia Herald - Thompson water legislation approved

Three pieces of water-related legislation written by U.S. Rep. Mike Thompson (D-Napa) has passed the House of Representatives. Benicia is in Thompson's district, California House District 5.

The legislation was passed as part of the Conference Report on House of Representatives Bill 3080, the Water Resources Reform and Development Act of 2013 (WRRDA). The Conference Report passed the House Tuesday 412-4.

Thompson's authored legislation that would require a study on the impacts of invasive species. allow the Contra Costa Flood Control and Water Conservation Districts to perform flood control and habitat restoration on the Walnut Creek Project, and speed up Russian River habitat restoration and prevent the construction of a $300 million pipeline in Sonoma County.

The WRRDA legislation originally passed the House Oct. 23, 2013. Meanwhile, the U.S. Senate passed separate WRRDA legislation, Senate Bill 601, May 15, 2013.

Since then, leaders from both the House and Senate have been negotiating to resolve differences in the two chambers' legislation.

Those negotiations produced an agreement, the Conference Report, which passed the House and may pass the Senate as early as next week, after which it will be sent to President Barack Obama for his signature.

Thompson said he was proud to have worked to pass the legislation in the House, and anticipates its approval by the Senate as well as the president's signature.

"These important provisions will help counties in our district save money, restore habitats, decrease localized flooding, and prevent the spread of invasive species," he said.

His invasive species provision would the Government Accountability Office (GAO) to study the impacts of aquatic invasive species on federal assets and the current federal spending on aquatic invasive species prevention.

Thompson explained that aquatic invasive species "pose a costly challenge to water infrastructure, fisheries, and the environment in local communities across the United States."

But the problem rarely receives attention until after a non-native species becomes established.

Different types of such aquatic life can clog water pipes, infect plants and animals with diseases, and crowd out native species, he said.

"These impacts can damage fisheries, pose health hazards, irreparably damage natural environments, and take a severe toll on local, state, and federal budgets," he said.

As examples, he cited invasive aquatic mussels, such as quagga and zebra mussels, that have cost more than $5 billion after their introduction in the 1980s.

Thompson's district contains Clear Lake, Lake Sonoma and Lake Berryessa, all of which are rated as having the highest possible risk level for quagga invasion, he said, although the quaggas apparently haven't been introduced yet.

If they are, he said, control and treatment would cost hundreds of thousands of dollars each year, and the water supply for those living in Sonoma, Lake, and Solano Counties, including Benicia, would deteriorate.

Should quagga mussels get into the state water infrastructure, it could cost millions annually to keep the pipes clear, he said.

Thompson's second provision would take a four-mile segment of the existing Walnut Creek Project out of Army Corps control.

He said this would allow the Contra Costa County Flood Control and Water Conservation District the direct authority to perform flood control and habitat restoration on the remaining 18 miles of the Walnut Creek Project. This is a 22-mile flood control project previously authorized by Congress in 1960.

The Army Corps recently evaluated the Walnut Creek Project, and decided it doesn't meet Corps standards, because were "of concern," Thompson said.

To bring the entire length of the project up to Corps standard, the four-mile area of concern would need to be improved.

Thompson said the improvements likely would be delayed significantly because the Corps would require consultation with multiple federal agencies.

"Because of these bureaucratic barriers in place due to Army Corps regulations, local partners cannot complete the necessary work to prevent localized flooding, restore habitats, and maintain channel depth," Thompson said.

But by removing the four-mile portion that worries the Corps, the Contra Costa County Flood Control and Water Conservation District could perform the work "in a timely manner," he said.

Thompson's third provision would allow the U.S. Army Corps of Engineers to continue working with the Sonoma County Water Agency on six miles of endangered coho salmon habitat along Dry Creek, between Warm Springs Dam and the Russian River near Healdsburg.

This restoration work is required under the 2008 Russian River Biological Opinion issued by the National Marine Fisheries Service to protect coho salmon, Chinook salmon and steelhead trout that are listed as endangered or threatened under the Federal Endangered Species Act.

Without Thompson's provision, the Army Corps might be unable to meet its responsibilities under the Russian River Biological Opinion.

That would leave leaving the Sonoma County Water Agency as the sole party responsible for completing this work by 2016.

Thompson said the scope of work can be completed only with the cooperation of the Army Corps.

"If the requirements made under the biological opinion are not met, Sonoma County would be required to build a $300 million pipeline to mitigate habit impacts," he said.