Hoopa Valley Tribe frets that Trinity River funds will be drained

John Driscoll

The Times-Standard

September 6, 2007

The Hoopa Valley Tribe is locking horns with some of its allies over legislation to restore the San Joaquin River , saying it will unfairly affect the lower-profile rebuilding of the Trinity River , which passes through its reservation.

The tribe wants provisions put into the San Joaquin bill that would cap the amount of money that comes from a fund to alleviate the environmental effects of the huge Central Valley Project, so money can't be stolen away from the already underfunded Trinity. It's gone so far as to say that the Natural Resources Defense Council's support of the bill is at odds with its commitment to environmental justice.

Supporters of the San Joaquin settlement say it won't affect the Trinity, and so far, lawmakers have stuck to an oath not to allow amendments to the bill.

Hoopa Tribe Chairman Clifford Lyle Marshall said the tribe doesn't oppose restoring the San Joaquin , but it shouldn't be done at the expense of the Trinity, which is vital to tribal, commercial and recreational fisheries.

”We're in the uncomfortable position where we have to take a position that a good piece of legislation is harmful because it didn't take into account other restoration projects,” Marshall said.

The San Joaquin settlement was born out of a series of talks between environmentalists, farmers, fishing groups, the state and federal governments and members of Congress following nearly two decades of legal action. It aims to give new life to the river -- parts of which have been dry since the early 1950s when Friant Dam was opened -- by reusing and exchanging water to protect water supplies for about 15,000 farmers. Restoration efforts aim to revive salmon runs that are nonexistent above the Merced River .

Some worry that the tribe may end up jeopardizing legislation authorizing funds for projects to improve the Trinity River as well. A hearing on Rep. Mike Thompson's Trinity bill is set for Sept. 18. The St. Helena Democrat introduced the bill in June in light of concerns over the San Joaquin settlement, and would provide millions a year for five years for Trinity River restoration, then a lesser amount over the long-term.

Both bills are on somewhat uneasy ground, with current pay-as-you go provisions leaving legislators struggling to find money to fund legislation.

Another tribe with stakes in the Trinity River , the Yurok, has reserved judgment on the San Joaquin bill.

”We're not ready to get into any public debate over the bill or the implementation of that at this time,” said Troy Fletcher with the Yurok Tribe.

Others see the Hoopa Tribe's position as misguided. Byron Leydecker with the Friends of the Trinity River said the tribe never legally had a place in the San Joaquin settlement talks. He said the tribe's desired additions to the bill would be meaningless.

”Many believe that this effort to achieve inclusion of its desired, but worthless modifications to proposed San Joaquin legislation puts in grave danger the possibility of passage of both the proposed San Joaquin restoration and Trinity restoration legislation,” Leydecker wrote in an e-mail.

Zeke Grader of the Pacific Coast Federation of Fishermen's Associations -- a supporter of both efforts -- said his organization feels stuck in the middle. He said he is not aware of anything in the San Joaquin bill that would compromise the Trinity effort, and questioned the Hoopa Tribe's tactics to resolve any differences.

”We're not enemies,” Grader said. “We should be working together on this.”

Hal Candee with the Natural Resources Defense Council reiterated his support for the Trinity, and said he's trying to work with the tribe. But he disagrees with the Hoopa Tribe's stance.

”We disagree with the view that using payments by Friant Division contractors to help fund restoration of the San Joaquin downstream of Friant Dam somehow limits the U.S. Government's ability to fully fund restoration of the Trinity River hundreds of miles to the north,” Candee wrote.

But Marshall said the tribe has no choice, and while he agreed it was unfortunate to be wrangling with its friends, he sees it as vital that the Central Valley funds not be drained by a huge project like the San Joaquin . Marshall is scheduled to testify on Thompson's bill on Sept. 18.

John Driscoll can be reached at 441-0514 or jdriscoll@times-standard.com.