North San Joaquin retains Mokelumne water rights

The North San Joaquin Water Conservation District has been given some extra time to use its 20,000 acre-feet of Mokelumne River water during wet years.

The State Water Resources Control Board's staff has tentatively rescinded the Lodi-area water district's entitlement to all but 4,000 of the 20,000 acre-feet in November 2006, but the state board reversed its ruling recently after North San Joaquin protested the ruling.

The state water board made its draft ruling because North San Joaquin didn't have the pumps available to remove the 20,000 acre-feet to which it was entitled during wet winters.

The February ruling gives North San Joaquin two more years to provide "complete beneficial use" of the 20,000 acre-feet. But it is unlikely that North San Joaquin will have the equipment to pump water out of the Mokelumne River by Dec. 31, 2010. However, the state board has indicated in its ruling that it is likely to grant an extension beyond 2010.

The state board ruled in North San Joaquin's favor for three basic reasons, according to its draft ruling. They are:

• The district annexed 100,000 acres for additional irrigation and groundwater recharge.

• North San Joaquin assessed $1 per acre for groundwater recharge, generating about $45,000 annually.

• The district voted in May to assess a groundwater charge on property owners who use wells. That would generate $820,000 each year.

The trial is scheduled to begin Thursday, North San Joaquin Manager Ed Steffani said.

In a related draft ruling, the State Water Resources Control Board continues to forbid North San Joaquin from pumping water out of the Mokelumne River until it reaches an agreement to install a fish screen at the California Department of Fish and Game's satisfaction. The district has reached an oral agreement with Fish and Game, Steffani said, but it isn't in writing.

In a third ruling, the state water board reduced a $66,400 fine against North San Joaquin to $20,000. Steffani said he is pleased with the reduction in the fine because it will allow the district to use the remaining $46,400 to purchase the fish screen. The fine was assessed because North San Joaquin removed water from the river without protecting fish in the river.

The screen is needed because the Mokelumne River has about 38 species, including Chinook salmon and Central Valley steelhead, according to the state water board. Steelhead is listed under the federal Endangered Species Act as a threatened species, according to the state water board.

Contact reporter Ross Farrow at rossf@lodinews.com.