Legal Update: Bringing Steelhead Back to the Sisquoc River

Adult steelhead. Photo by Ron Roberts

ForestWatch and our allies have been working for thirteen years to bring endangered steelhead back to the Sisquoc River in the Los Padres National Forest. The construction and operation of Twitchell Dam has devastated historic runs of southern California steelhead—the dam limits the timing and quantity of water in the Santa Maria River, preventing juvenile steelhead from reaching the Pacific Ocean and ocean-dwelling steelhead from reaching historic spawning grounds deep within the San Rafael Wilderness.

Southern steelhead are now one of the most endangered fish species in the United States, and restoration of stream flows in this watershed to allow migration is central to the recovery of the entire southern California steelhead population.

Juvenile steelhead can still be found in the upper parts of the Sisquoc Watershed, which drains to the Santa Maria River. However, these fish are generally unable to reach the ocean due to the lack of water in the Santa Maria River. Photo by Bryant Baker

After a decade of negotiating with the dam operators and a local water district, ForestWatch joined forces with San Luis Obispo Coastkeeper in filing a novel legal action in state court. The lawsuit seeks changes to the timing and amount of water released from Twitchell Dam so that steelhead populations will be maintained in good condition, as required by state law.

That suit was moved to northern California, and eventually to federal court. Our attorneys at the Environmental Defense Center are working hard in arguing the case before the Ninth Circuit Court of Appeals. We anticipate a decision later this year.

Late last year, we filed a second lawsuit, alleging that dam operations violate the federal Endangered Species Act. The water district and the federal Bureau of Reclamation asked the judge to dismiss the case outright, but earlier this month the motions were denied and the case was allowed to continue. Our attorneys at EDC, with support from Aqua Terra Aeris Law Group and Sycamore Law, are now preparing to argue the merits of this case in federal court, giving steelhead a fighting chance at survival.

Both suits are based on a state-sanctioned hydrologic study completed in 2013, which found that very minor adjustments to the timing of water releases from Twitchell Dam would be enough to restore steelhead populations. Some of the state’s most prominent fisheries and hydrologic experts have joined our team to restore one of our region’s most prolific fisheries while maintaining reliable water supplies for our farms and communities.

Maintaining the status quo in dam operations will continue the perilous decline of steelhead towards extinction. ForestWatch and our attorneys are working around the clock (and around the house) to make reasonable changes that will give future generations the chance to see steelhead return to their historic spawning grounds deep within the Los Padres National Forest.

Steelhead were once abundant enough to make for a scene like this along the Sisquoc River in 1916.
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