Specifically, the Sierra Club, the Environmental Protection
Information Center, and the Pacific Coast Federation of
Fishermen's Associations last week announced that they filed
suit against the State Water Resources Control Board and the
North Coast Regional Water Quality Control Board, claiming both
have violated state law by allowing delays in enforcing water
quality standards.
Ultimately, the groups hope that suing over water quality issues
will force the state to limit suction gold dredging - a
technique they claim fouls rivers and streams. They also claim
that the state supports miners over fishermen - a claim suction
miners deny. Instead they argue that it's really a matter of
property and mining rights. Also, they argue fish benefit from
suction mining because the technique cleans water and doesn't
foul it.
But Karuk Tribe spokesperson Craig Tucker sees it differently.
"Fish and Game is quick to kick California's 2.4 million
fishermen off the river, but they continually go to bat for
3,000 hobby miners," Tucker said. "As a taxpayer I am sick and
tired of government handouts to hobby miners that are destroying
California's rivers."
The suit, filed in San Francisco Superior Court, claims that the
agencies have abused their discretion by not finishing the water
quality plans.
But water board executive officer Catherine Kuhlman said board
staff simply don't have the manpower to finish the work.
However, because of recent talks regarding the removal of dams
on the Klamath, the Klamath River has now taken priority, she
said. That means the Karuk and others could likely soon get
their way when it comes to limiting suction dredging.
The North Coast board has finished plans for the Garcia, Scott,
Shasta and Salmon rivers. Those action plans are part of the
Clean Water Act's Total Maximum Daily Load, TMDL, program. A
TMDL is the maximum amount of a pollutant that a waterbody can
receive in 24 hours and still meet water quality standards. The
program first requires the agencies to identify and maintain a
list of impaired rivers and streams and submit that list to the
U.S. EPA for approval. The agencies must then assess the sources
of pollution causing the violations, set TMDL limits for these
sources, and develop action plans to achieve the standards.
Arguments for a preliminary injunction will likely be heard in
early spring.
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