ETNA, California – After jostling over a Permit for a fish ladder, the Etna City Council learned this week that a federal agency is no longer demanding up to half of its Water Right from Etna Creek.
But the problem is not over as the federal agency is still “recommending” the city provide up to half of its legal adjudicated Water Right in low flows, which could mean reduced water usage during August through October.
This is a win for this small city in what is becoming a constant intrusion by federal and state governments into legal bonafide Water Rights.
After receiving a letter from the federal agency that it would not issue the Permit, unless the city agreed to the reduction of its allotted Water Right, the Etna City Council voted 5-0 to oppose the situation. A letter was written to the federal agency explaining this is not acceptable.
Over a decade ago, the National Marine Fisheries Service listed the coho salmon in the Northern California region to the Endangered Species Act. As such, the federal agency became part of a “permitting” process, when a fish ladder was proposed in 2003 at the city’s diversion up on Salmon Mt.
Under its adjudication, the city can divert up to 2.4 cubic feet per second of water for its 750 residents. This flows by natural gravity through a pipe down to the city’s huge storage tanks, where the water is treated for residential use. Extra water is stored for emergencies, such a fire.
The “low flow” season is also the time of year, when fire hazard is the greatest, so obtaining its legal water is of utmost concern, according to City Councilman Christopher Liles.
“We don’t want to give any of our Water Right away,” said Liles.
Several councilmen also questioned the legality of withholding the issuance of the Permit by using the “mandatory” reduction of water from the Water Right; especially, when coho are not in the Etna Creek system.
It was 50 years ago, when the present cement dam structure and diversion was built, which stopped the passage of fish up the steep mountain creek. So, there is little science to show that coho salmon are present and as such are in danger.
Etna creek has gone underground about a mile before it reaches the Scott River, which it does annually in July. This means the creek is not connected to the Scott River until the cooler weather hits and rain brings the flow back above ground in late fall. But the cold water still flows in the upper reaches of the creek and on Salmon Mt.
Several council members said they will be vigilant in protecting the City of Etna’s legal Water Right allotment.