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Mystery surrounds sudden increase in steelhead trout deaths near California water pumps

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Friday, March 15, 2024

California environmental groups are urging a federal court to intervene amid a “dramatic increase” in the deaths of threatened steelhead trout at pumps operated by state and federal water managers. Since Dec. 1, more than 4,000 wild and hatchery-raised steelhead have been killed at pumps in the Sacramento-San Joaquin River Delta, according to public data for the State Water Project and the federal Central Valley Project. The agencies are now at about 90% of their combined seasonal take limit, which refers to the amount of wild steelhead permitted to be killed between January and March under the U.S. Endangered Species Act. A coalition of environmental and fishing groups — including the Golden State Salmon Assn., the Bay Institute and Defenders of Wildlife — are involved in ongoing litigation that seeks to challenge current federal operating plans in the delta, an estuary at the heart of the state’s water supply. They say the protocols are largely based on outdated rules dating to the Trump administration and are asking the court to require several modifications to better protect fish, including setting targets for water temperatures and upstream storage in Shasta Lake. The cause of the recent uptick in fish deaths is unclear, but the sudden increase in steelhead at the pumps is unusual, according to Ashley Overhouse, a water policy advisor with Defenders of Wildlife. About 2,100 live steelhead have also been collected from fish screens at the pumps and released downstream, a process known as “salvage,” data show. Steelhead trout fingerlings swim in a raceway pond at the California Department of Fish and Wildlife Feather River Hatchery in 2021. (Patrick T. Fallon / AFP via Getty Images) “We would appreciate additional monitoring, genetic sampling and, frankly, transparency [around the] increase in fish kills like this across any of the threatened and endangered species that rely on a healthy Bay Delta estuary that are dying at the pumps,” Overhouse said. “Because this is not the first increase in a fish kill over the last four years, and I don’t think, unfortunately, it will be the last.” Aggressive and impactful reporting on climate change, the environment, health and science. The Central Valley Project — a massive network of dams, reservoirs and canals operated by the U.S. Bureau of Reclamation — is a key source of water for agricultural users in the southern part of the state. The State Water Project, operated by the California Department of Water Resources, is a similar network that provides water to about 27 million residents. But because the federal and state agencies coordinate their operations and pump jointly, the “fish death … and salvage are attributed to both parties,” Overhouse said. Central Valley steelhead are federally listed as a threatened species. A type of rainbow trout, they are a distinct population that migrate from the American River and San Joaquin River, two major tributaries of the delta. Like salmon, they are born in fresh water, migrate to the ocean, and then return to rivers as adults to spawn.“These fish that are trying to make their way out to the ocean … then get sucked into the pumps,” said Scott Artis, executive director of the Golden State Salmon Assn. “And so we end up with less and less fish making it out to the oceans, and that’s less fish that return.”The deaths of steelhead are an indicator of how the pumping is harming various fish species, and chinook salmon are also among the species that have been killed in recent weeks, Artis said. Since Dec. 1, 1,274 threatened spring-run chinook salmon and 353 endangered winter-run chinook salmon have been killed in the pumps, including wild and hatchery-raised salmon, the latest data show.Salmon populations have declined in recent years, and last year regulators decided to shut down the fishing season for fall-run chinook along the coast. A decision about this year’s salmon fishing season has yet to be announced, but it’s expected to be heavily restricted or shut down again this year. But increasing steelhead deaths due to water pumps are symptomatic of the severe stresses fish populations are experiencing, and demand changes to how the state’s water systems are managed, Artis said. “This is a big overarching problem of how this whole system in California works with these pumps and with the water diversions,” he said. “We need to reduce the amount of water that’s being pumped, and that would actually help mitigate and reduce the impact to steelhead that are being sucked into these pumps.”The latest increase in fish deaths is not the first time environmental groups have clashed with water agencies over the delta — a delicate ecosystem that has in recent years been imperiled by heavy water withdrawals for agriculture and cities. Bureau of Reclamation officials said they are working with the Department of Water Resources to reduce pumping at the Harvey O. Banks pumping plant and the nearby Jones pumping plant in two main channels in the south delta — the Old and Middle rivers. The reductions are being made “due to a large number of Central Valley steelhead being observed and collected at the Skinner Delta Fish Protective and Tracy Fish Collection facilities upstream of the pumping plants,” the agency wrote in a statement. Officials with both agencies acknowledged that the fish can be vulnerable at pump screens during the wet and snowy months that coincide with their movement through the delta. But late winter and early spring are “also an important time for DWR to capture and move water into storage,” said Ted Craddock, deputy director with the State Water Project.He noted that the agency operates its pumps in accordance with state and federal permits, including rules that require reduced pumping when endangered fish move into the vicinity of the pumps. It reduced pumping in January when delta smelt and winter-run chinook salmon were observed in the area, and again in February when steelhead moved in. Despite the reduction, steelhead continued to be collected at the fish screens, Craddock said, including a small portion that were not wild but “poorly marked hatchery fish” that are not protected under the 2019 rules, formally known as the National Marine Fisheries Service Biological Opinion. “DWR hypothesizes that many wild steelhead moved into the vicinity of the pumps prior to the large storms last week and are subsequently [resting] near the pumps,” he said. “Given current lower pumping levels and high flows as result of the storms last week, DWR does not believe the SWP is drawing additional steelhead near the pumps.”Even so, the agency on Monday again reduced its pumping from 2,400 cubic feet per second to 600 cubic feet per second, “which may help steelhead rearing near the SWP pumps to move quickly downstream en route to the ocean,” Craddock said. “In fact, since the initiation of the March 11 pumping reduction, DWR has not collected any steelhead at its fish screens.” He added that the agency plans to initiate a study on Friday to track the movements of steelhead and assess whether the pumping reduction is effective. The DWR is also making new investments in steelhead monitoring, including using new DNA technology to identify the origin of steelhead showing up at the fish screens. The San Joaquin River flows past Dos Rios Ranch Preserve near Modesto. (Loren Elliott / For The Times) Meanwhile, federal officials are also working with the Bureau of Reclamation to reexamine the 2019 biological opinions that govern the state and federal operations, including proposed thresholds for losses of salmon and steelhead at the delta pumping facilities.Under the proposal, weekly loss thresholds would “prompt action before disproportionate impacts on steelhead occur in a single week,” said Michael Milstein, a spokesperson for NOAA Fisheries. This would be a change from the current approach, which uses seasonal loss thresholds to trigger management actions.The Bureau of Reclamation is also proposing to develop a steelhead science plan, which would include a “juvenile production estimate” framework for the San Joaquin and Sacramento river basins, he said. That estimate “can then be used to develop loss criteria for steelhead that are scaled according to population size and trends instead of historic loss levels, which is what is currently used.”This sort of estimate is already used for management decisions regarding endangered winter-run chinook salmon, Milstein said, and is “recognized as a scientifically durable approach.”The evaluation of the biological opinion is expected to be completed by the end of this year, Milstein said. Until then, the water agencies are operating under interim plans that are supposed to be reviewed and approved by the court every year, with 2024’s update still pending. Artis, of the Golden State Salmon Assn., noted that the fish deaths have occurred at the pumps despite increased flows from recent storms. “Even with more water out there, there’s still a lot of water diversions that are happening,” he said. “If you can reduce the pumping, then you don’t have quite that pull, that suction through there, that can just basically grab those baby fish.”The steelhead deaths add more ammunition to the ongoing tug-of-war between environmentalists and the state water managers, who are also deadlocked over a proposed plan to build a $16-billion, 45-mile tunnel that would move more water out of the delta to regions to the south. State officials have touted the Delta Conveyance Project as a critical climate adaptation strategy and a key component of Gov. Gavin Newsom’s strategy for a hotter, drier California.Overhouse, of Defenders of Wildlife, said she believes it is possible for the state to achieve both goals — water capture and wildlife protection — at the same time. “It is not something that is easy — they are the most complex water projects, arguably, in the world,” she said of the Central Valley Project and the State Water Project. But increasing storage along the upstream reservoirs would make it easier for the agencies to better utilize stormwater runoff, and to hold water for movement through the system later in the year.“While I recognize how important these operations are, it is still my belief that it can be achieved — both higher end-of-year storage as well as meeting those pumping needs,” Overhouse said. “And most importantly ... protecting the threatened and endangered species that rely on this estuary.” Newsletter Toward a more sustainable California Get Boiling Point, our newsletter exploring climate change, energy and the environment, and become part of the conversation — and the solution. You may occasionally receive promotional content from the Los Angeles Times.

Environmentalists are calling for federal intervention after 4,000 threatened fish were killed by pumps operated by the State Water Project and the Central Valley Project.

California environmental groups are urging a federal court to intervene amid a “dramatic increase” in the deaths of threatened steelhead trout at pumps operated by state and federal water managers.

Since Dec. 1, more than 4,000 wild and hatchery-raised steelhead have been killed at pumps in the Sacramento-San Joaquin River Delta, according to public data for the State Water Project and the federal Central Valley Project. The agencies are now at about 90% of their combined seasonal take limit, which refers to the amount of wild steelhead permitted to be killed between January and March under the U.S. Endangered Species Act.

A coalition of environmental and fishing groups — including the Golden State Salmon Assn., the Bay Institute and Defenders of Wildlife — are involved in ongoing litigation that seeks to challenge current federal operating plans in the delta, an estuary at the heart of the state’s water supply. They say the protocols are largely based on outdated rules dating to the Trump administration and are asking the court to require several modifications to better protect fish, including setting targets for water temperatures and upstream storage in Shasta Lake.

The cause of the recent uptick in fish deaths is unclear, but the sudden increase in steelhead at the pumps is unusual, according to Ashley Overhouse, a water policy advisor with Defenders of Wildlife. About 2,100 live steelhead have also been collected from fish screens at the pumps and released downstream, a process known as “salvage,” data show.

Steelhead trout fingerlings swim in a raceway pond.

Steelhead trout fingerlings swim in a raceway pond at the California Department of Fish and Wildlife Feather River Hatchery in 2021.

(Patrick T. Fallon / AFP via Getty Images)

“We would appreciate additional monitoring, genetic sampling and, frankly, transparency [around the] increase in fish kills like this across any of the threatened and endangered species that rely on a healthy Bay Delta estuary that are dying at the pumps,” Overhouse said. “Because this is not the first increase in a fish kill over the last four years, and I don’t think, unfortunately, it will be the last.”

Aggressive and impactful reporting on climate change, the environment, health and science.

The Central Valley Project — a massive network of dams, reservoirs and canals operated by the U.S. Bureau of Reclamation — is a key source of water for agricultural users in the southern part of the state. The State Water Project, operated by the California Department of Water Resources, is a similar network that provides water to about 27 million residents.

But because the federal and state agencies coordinate their operations and pump jointly, the “fish death … and salvage are attributed to both parties,” Overhouse said.

Central Valley steelhead are federally listed as a threatened species. A type of rainbow trout, they are a distinct population that migrate from the American River and San Joaquin River, two major tributaries of the delta. Like salmon, they are born in fresh water, migrate to the ocean, and then return to rivers as adults to spawn.

“These fish that are trying to make their way out to the ocean … then get sucked into the pumps,” said Scott Artis, executive director of the Golden State Salmon Assn. “And so we end up with less and less fish making it out to the oceans, and that’s less fish that return.”

The deaths of steelhead are an indicator of how the pumping is harming various fish species, and chinook salmon are also among the species that have been killed in recent weeks, Artis said. Since Dec. 1, 1,274 threatened spring-run chinook salmon and 353 endangered winter-run chinook salmon have been killed in the pumps, including wild and hatchery-raised salmon, the latest data show.

Salmon populations have declined in recent years, and last year regulators decided to shut down the fishing season for fall-run chinook along the coast. A decision about this year’s salmon fishing season has yet to be announced, but it’s expected to be heavily restricted or shut down again this year.

But increasing steelhead deaths due to water pumps are symptomatic of the severe stresses fish populations are experiencing, and demand changes to how the state’s water systems are managed, Artis said.

“This is a big overarching problem of how this whole system in California works with these pumps and with the water diversions,” he said. “We need to reduce the amount of water that’s being pumped, and that would actually help mitigate and reduce the impact to steelhead that are being sucked into these pumps.”

The latest increase in fish deaths is not the first time environmental groups have clashed with water agencies over the delta — a delicate ecosystem that has in recent years been imperiled by heavy water withdrawals for agriculture and cities.

Bureau of Reclamation officials said they are working with the Department of Water Resources to reduce pumping at the Harvey O. Banks pumping plant and the nearby Jones pumping plant in two main channels in the south delta — the Old and Middle rivers. The reductions are being made “due to a large number of Central Valley steelhead being observed and collected at the Skinner Delta Fish Protective and Tracy Fish Collection facilities upstream of the pumping plants,” the agency wrote in a statement.

Officials with both agencies acknowledged that the fish can be vulnerable at pump screens during the wet and snowy months that coincide with their movement through the delta. But late winter and early spring are “also an important time for DWR to capture and move water into storage,” said Ted Craddock, deputy director with the State Water Project.

He noted that the agency operates its pumps in accordance with state and federal permits, including rules that require reduced pumping when endangered fish move into the vicinity of the pumps. It reduced pumping in January when delta smelt and winter-run chinook salmon were observed in the area, and again in February when steelhead moved in.

Despite the reduction, steelhead continued to be collected at the fish screens, Craddock said, including a small portion that were not wild but “poorly marked hatchery fish” that are not protected under the 2019 rules, formally known as the National Marine Fisheries Service Biological Opinion.

“DWR hypothesizes that many wild steelhead moved into the vicinity of the pumps prior to the large storms last week and are subsequently [resting] near the pumps,” he said. “Given current lower pumping levels and high flows as result of the storms last week, DWR does not believe the SWP is drawing additional steelhead near the pumps.”

Even so, the agency on Monday again reduced its pumping from 2,400 cubic feet per second to 600 cubic feet per second, “which may help steelhead rearing near the SWP pumps to move quickly downstream en route to the ocean,” Craddock said. “In fact, since the initiation of the March 11 pumping reduction, DWR has not collected any steelhead at its fish screens.”

He added that the agency plans to initiate a study on Friday to track the movements of steelhead and assess whether the pumping reduction is effective. The DWR is also making new investments in steelhead monitoring, including using new DNA technology to identify the origin of steelhead showing up at the fish screens.

Sunshine glints off the surface of a river.

The San Joaquin River flows past Dos Rios Ranch Preserve near Modesto.

(Loren Elliott / For The Times)

Meanwhile, federal officials are also working with the Bureau of Reclamation to reexamine the 2019 biological opinions that govern the state and federal operations, including proposed thresholds for losses of salmon and steelhead at the delta pumping facilities.

Under the proposal, weekly loss thresholds would “prompt action before disproportionate impacts on steelhead occur in a single week,” said Michael Milstein, a spokesperson for NOAA Fisheries. This would be a change from the current approach, which uses seasonal loss thresholds to trigger management actions.

The Bureau of Reclamation is also proposing to develop a steelhead science plan, which would include a “juvenile production estimate” framework for the San Joaquin and Sacramento river basins, he said. That estimate “can then be used to develop loss criteria for steelhead that are scaled according to population size and trends instead of historic loss levels, which is what is currently used.”

This sort of estimate is already used for management decisions regarding endangered winter-run chinook salmon, Milstein said, and is “recognized as a scientifically durable approach.”

The evaluation of the biological opinion is expected to be completed by the end of this year, Milstein said. Until then, the water agencies are operating under interim plans that are supposed to be reviewed and approved by the court every year, with 2024’s update still pending.

Artis, of the Golden State Salmon Assn., noted that the fish deaths have occurred at the pumps despite increased flows from recent storms.

“Even with more water out there, there’s still a lot of water diversions that are happening,” he said. “If you can reduce the pumping, then you don’t have quite that pull, that suction through there, that can just basically grab those baby fish.”

The steelhead deaths add more ammunition to the ongoing tug-of-war between environmentalists and the state water managers, who are also deadlocked over a proposed plan to build a $16-billion, 45-mile tunnel that would move more water out of the delta to regions to the south.

State officials have touted the Delta Conveyance Project as a critical climate adaptation strategy and a key component of Gov. Gavin Newsom’s strategy for a hotter, drier California.

Overhouse, of Defenders of Wildlife, said she believes it is possible for the state to achieve both goals — water capture and wildlife protection — at the same time.

“It is not something that is easy — they are the most complex water projects, arguably, in the world,” she said of the Central Valley Project and the State Water Project. But increasing storage along the upstream reservoirs would make it easier for the agencies to better utilize stormwater runoff, and to hold water for movement through the system later in the year.

“While I recognize how important these operations are, it is still my belief that it can be achieved — both higher end-of-year storage as well as meeting those pumping needs,” Overhouse said. “And most importantly ... protecting the threatened and endangered species that rely on this estuary.”

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Thames Water bidder says it is offering £1bn extra cash injection

Castle Water says restructuring plans do not go far enough and extra funds will help resolve pollution crisisBusiness live – latest updatesA bidder for Thames Water has said it would inject £1bn more into the struggling utility company than rival proposals if it gained control.John Reynolds, the chief executive of the independent water retailer Castle Water, said the current plans under discussion with creditors to rebuild Thames Water’s finances does not go far enough and does not properly address its environmental crisis. Continue reading...

A bidder for Thames Water has said it would inject £1bn more into the struggling utility company than rival proposals if it gained control.John Reynolds, the chief executive of the independent water retailer Castle Water, said the current plans under discussion with creditors to rebuild Thames Water’s finances does not go far enough and does not properly address its environmental crisis.Castle Water would provide a cash injection of at least £1bn over current proposals, he told the Times.“No one wants a restructuring that does not stick. The negotiations are not heading anywhere,” he said.“You cannot compromise on the pollution problem. It has to be resolved and that means changing the way the company spends its money.”Thames Water, which supplies water to about 16 million people, has been on the verge of collapse for several years as it struggles under the weight of net debt of £17bn, built up over the decades since privatisation.Its lenders, led by a group of hedge funds including the combative US firms Elliott Investment Management and Silver Point Capital, have effectively taken over Britain’s biggest water company.Their turnaround plan includes writing off billions of pounds of debt, and proposals that mean Thames Water may not fully comply with rules on pollution of England’s waterways for as long as 15 years. Reynolds told the Times that there should be “zero tolerance” of serious pollution incidents.“There has to be investment upfront without which you cannot sort it out,” he said, adding that his plans would target the ageing Mogden sewage works in west London.The extra investment, he told the paper, could be freed up by the creditors taking a greater haircut on their liabilities and with an extra injection of equity investment.The alternative to a creditor-led turnaround plan is a special administration regime, under which the water company would come under temporary government control to impose debt write-offs and find a buyer.Reynolds, who is a former investment banker and turnaround specialist, said that talks between creditors and Ofwat, the industry regulator, to restructure Thames had stalled. However, a spokesperson for the creditor group, London & Valley Water, denied that talks were not progressing and said it still aimed to gain approval for its plan by Christmas.Castle Water is a relatively small company, backed by the property empire of the billionaire Pears family, and co-founded by the Conservative party treasurer, Graham Edwards. It bought Thames Water’s non-household water and sewerage retail business in 2016.skip past newsletter promotionSign up to Business TodayGet set for the working day – we'll point you to all the business news and analysis you need every morningPrivacy Notice: Newsletters may contain information about charities, online ads, and content funded by outside parties. If you do not have an account, we will create a guest account for you on theguardian.com to send you this newsletter. You can complete full registration at any time. For more information about how we use your data see our Privacy Policy. We use Google reCaptcha to protect our website and the Google Privacy Policy and Terms of Service apply.after newsletter promotionLate last year, Castle Water reportedly offered to inject £4bn into Thames in return for a majority stake.A spokesperson for London & Valley Water said: “It is simply not true that discussions have stalled. Thames Water needs £5bn of urgent funding from committed and experienced new investors to deliver improved outcomes for its customers and employees. We are working hard to secure a solution as quickly as possible.“The London & Valley Water plan will invest £20.5bn over the next five years to fix the foundations, upgrade the network and reduce pollution so that Thames Water can once again be a reliable, resilient and responsible company for its 16 million customers.”A Thames Water spokesperson said: “Discussions between Thames Water Utilities Ltd’s senior creditors, the London & Valley Water consortium, Ofwat, and other regulators in relation to a potential market-led solution to the recapitalisation of the company are continuing.“TWUL remains focused on delivering a recapitalisation transaction which delivers for its customers and the environment as soon as practicable.”Ofwat was approached for comment.

The Dune of Dreams: Upstart League Baseball United Hosts Inaugural Game in Dubai With Its Own Rules

Baseball United has launched its inaugural season in Dubai, aiming to bring baseball to the Middle East

UD AL-BAYDA, United Arab Emirates (AP) — Emerging like a mirage in the desert outskirts of Dubai, a sight unfamiliar to those in the Middle East and Asia has risen up like a dream in the exact dimensions of the field at Yankee Stadium in New York.Now that it's built, though, one question remains: Will the fans come?That's the challenge for the inaugural season of Baseball United, a four-team, monthlong contest that will begin Friday at the new Barry Larkin Field, artificially turfed for the broiling sun of the United Arab Emirates and named for an investor who is a former Cincinnati Reds shortstop. The professional league seeks to draw on the sporting rivalry between India and Pakistan with two of its teams, as the Mumbai Cobras on Friday will face the Karachi Monarchs. Each team has Indian and Pakistani players seeking to break into the broadcast market saturated by soccer and cricket in this part of the world. And while having no big-name players from Major League Baseball, the league has created some of its own novel rules to speed up games and put more runs on the board — and potentially generate interest for U.S. fans as the regular season there has ended. “People here got to learn the rules anyway so we’re like if we get to start at a blank canvas then why don’t we introduce some new rules that we believe are going to excite them from the onset," Baseball United CEO and co-owner Kash Shaikh told The Associated Press. All the games in the season, which ends mid-December, will be played at Baseball United's stadium out in the reaches of Dubai's desert in an area known as Ud al-Bayda, some 30 kilometers (18 miles) from the Burj Khalifa, the world's tallest building. The stadium sits alongside The Sevens Stadium, which hosts an annual rugby sevens tournament known for hard-partying fans drinking alcohol and wearing costumes. As journalists met Baseball United officials on Thursday, two fighter jets and a military cargo plane came in for landings at the nearby Al Minhad Air Base, flying over a landfill. The field seats some 3,000 fans and will host games mostly at night, though the weather is starting to cool in the Emirates as the season changes. But environmental concerns have been kept in mind — Baseball United decided to go for an artificial field to avoid the challenge of using more than 45 million liters (12 million gallons) of water a year to maintain a natural grass field, said John P. Miedreich, a co-founder and executive vice president at the league. “We had to airlift clay in from the United States, airlift clay from Pakistan” for the pitcher's mound, he added.There will be four teams competing in the inaugural season. Joining the Cobras and the Monarchs will be the Arabia Wolves, Dubai's team, and the Mideast Falcons of Abu Dhabi.There are changes to the traditional game in Baseball United, putting a different spin on the game similar to how the Twenty20 format drastically sped up traditional cricket. The baseball league has introduced a golden “moneyball," which gives managers three chances in a game to use at bat to double the runs scored off a home run. Teams can call in “designated runners” three times during a game. And if a game is tied after nine innings, the teams face off in a home run derby to decide the winner. “It’s entertainment, and it’s exciting, and it’s helping get new fans and young fans more engaged in the game," Shaikh said. America's pastime has limited success Baseball in the Middle East has had mixed success, to put a positive spin on the ball. A group of American supporters launched the professional Israel Baseball League in 2007, comprised almost entirely of foreign players. However, it folded after just one season. Americans spread the game in prerevolution Iran, Saudi Arabia and the UAE over the decades, though it has been dwarfed by soccer. Saudi Arabia, through the Americans at its oil company Aramco, has sent teams to the Little League World Series in the past.But soccer remains a favorite in the Mideast, which hosted the 2022 FIFA World Cup in Qatar. Then there's cricket, which remains a passion in both India and Pakistan. The International Cricket Council, the world's governing body for the sport, has its headquarters in Dubai near the city's cricket stadium. Organizers know they have their work cut out for them. At one point during a news conference Thursday they went over baseball basics — home runs, organ music and where center field sits. “The most important part is the experience for fans to come out, eat a hot dog, see mascots running around, to see what baseball traditions that we all grew up with back home in the U.S. — and start to fall in love with the game because we know that once they start to learn those, they will become big fans," Shaikh said. Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See – Oct. 2025

Texas still needs a plan for its growing water supply issues, experts say

Panelists at The Texas Tribune Festival shared their opinions on what the state should do after voters approved a historic investment in water infrastructure.

Audio recording is automated for accessibility. Humans wrote and edited the story. See our AI policy, and give us feedback. Voters just approved $20 billion to be spent on water supply, infrastructure and education over the next 20 years. That funding is just the beginning, however, and it will only go so far, panelists said during the “Running Out” session at The Texas Tribune Festival.  And in a state where water wars have been brewing, and will continue to do so, the next legislature to take over the Capitol in 2027 will need to come with ideas.  Proposition 4, which will allocate $20 billion to bolster the state’s water supply, was historic and incredible, said Vanessa Puig-Williams, senior director of climate resilient water systems at the Environmental Defense Fund. She wants to see the state support the science and data surrounding how groundwater works and implement best management practices.  “Despite the fact that it is this critical to Texas we don’t invest in managing it well and we don’t invest in understanding it very much at all,” Puig-Williams said. “We have good things some local groundwater districts are doing but I’m talking about the state of Texas.” That lack of understanding was highlighted when East Texans raised the alarm about a proposed groundwater project that would pump billions of gallons from the Carrizo-Wilcox Aquifer.  The plan proposed by a Dallas-area businessman is completely legal, but it is based on laws established when Texans still relied on horses and buggies, state Rep. Gary VanDeaver, R-New Boston said in the panel. In most counties, the person with the biggest and fastest pump can pull as much water from an aquifer as they want, as long as it’s not done with malicious intent. Texas is at a point where it needs to seriously consider how to update the rule of capture because society has modernized, he added. People are no longer pulling water from the aquifers with a hand pump and two inch pipes.  “Modern technology and modern needs have outpaced the regulations that we have in place, the safeguards we have in place for that groundwater,” VanDeaver said. “In some ways we, in the legislature, are a little behind the times here and we’re having to catch up.” The best solutions to Texas’ water woes may not even be found below ground, said panelist Robert Mace, the executive director of the Meadows Center for Water and Environment. Conservation, reuse and desalination can go a long way. In Austin, for example, some buildings collect rainwater and air conditioning condensate. The city also has a project to collect water used in bathrooms, treat it and use it again in toilets and urinals. Texas could also be a leader in the space for desalination plants, which separate salt from water to make it drinkable, Mace said. These plants are expensive, but rainwater harvesting is too. And so is fixing leaky water infrastructure that wastes tens of billions of gallons each year.  “There is water that’s more expensive than that. It’s called no water,” Mace said. “And if you look at the economic benefit of water it is much greater than that cost.” Disclosure: Environmental Defense Fund and Meadows Center for Water & the Environment have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

Montana Sued Over Law That Allows Water Wells for Low-Density, Rural Subdivisions Without Permits

A coalition of cities, agricultural interests and environmental groups is suing Montana over a decades-old law that housing developers have relied on to supply water to low-density residential subdivisions not connected to public water supplies

A broad coalition is suing the state of Montana over its interpretation of a decades-old law that housing developers have long relied on to supply water to low-density residential subdivisions outside public water supplies.At the center of the conflict are “exempt wells,” which earned that moniker shortly after Montana legislators passed a law in 1973 allowing just about anyone to drill a well and pump up to 10 acre-feet of groundwater from it per year without first demonstrating that nearby water users won’t see a decrease in their water supplies. An acre-foot of water is enough to serve two to three households for a year.According to a lawsuit filed Wednesday, approximately 141,000 wells have been drilled using the exempt well law since 1973. More than two-thirds of those wells were drilled to supply homes with drinking water or to water lawns or gardens.The six nonprofit groups and three individual water users argue that the Montana Department of Natural Resources and Conservation, which administers water rights, has authorized “unregulated groundwater development.” Reliable water supplies for those with the oldest water rights and “the integrity of Montana’s water resources” are at stake, the plaintiffs contend.The plaintiffs are asking the Lewis and Clark County District Court to block the state from continuing its “unabated” authorization of exempt wells, which have become developers’ preferred tool to facilitate development on large, rural lots. According to the lawsuit’s analysis of data compiled by Headwaters Economics, more than half of the residential development that happened in Montana between 2000 and 2021 occurred outside of incorporated municipalities.Efforts to revise the exempt well statute have fueled a series of “knock-down, drag-out” fights at the Montana Capitol, including a heated debate earlier this year on a proposal developed by a working group convened by the Department of Natural Resources and Conservation that hit an insurmountable groundswell of opposition before it could clear its first chamber.Housing developers argue the existing loophole offers builders a faster alternative to the state’s lengthy and uncertain permitting process. Developers and other permitting reform advocates say a smoother regulatory process to access what they deem is a small amount of water increases the pace and scale of construction, thereby easing Montana’s housing supply and affordability strains in a state where housing costs have skyrocketed. Opponents counter that hundreds of billions of gallons of water have been unconstitutionally appropriated using exempt wells, and the proliferation of new straws into Montana’s aquifers, paired with the septic systems that frequently accompany them, are drawing down critical water supplies and overloading them with nutrient pollution.The Montana League of Cities and Towns, which represents municipalities that rely on surface water or underground aquifers to meet the needs of homes and businesses served by public water supplies, is the lead plaintiff in the litigation. Other parties to the lawsuit include the Association of Gallatin Agricultural Irrigators, the Montana Farm Bureau Federation, Clark Fork Coalition, Montana Environmental Information Center and Trout Unlimited.In an emailed statement about the lawsuit, Clark Fork Coalition legal director Andrew Gorder argued that the state needs to change its permitting practices to uphold the 1972 Montana Constitution, which “recognized and confirmed” all of the “existing rights to the use of any waters.”“From rapid growth to ongoing drought, Montana’s water resources and water users are facing unprecedented challenges,” Gorder wrote. “The cumulative impact of over one hundred thousand exempt groundwater wells can no longer be ignored. We’re asking the court to conserve our limited water resources and ensure that the constitutional protections afforded to senior water rights, including instream flow rights, are preserved.”Montana Fish, Wildlife and Parks, along with groups like Clark Fork Coalition and Trout Unlimited, hold or lease instream flow rights to sustain sensitive fisheries during periods of drought like the ongoing one dropping many western Montana rivers to record-low levels.Plaintiff Kevin Chandler, a hydrogeologist who ranches outside of Absarokee, juxtaposed the process he and his wife, Katrin, went through to obtain and protect the water they use on their ranch with the process afforded to nearby developers of the 67-lot Crow Chief Meadows subdivision.“We did everything the law asked of us to protect our water and our neighbors’ water – collecting data, hiring experts, and working hand-in-hand with the state,” Chandler wrote in the statement. “It’s frustrating to see a subdivision using dozens of exempt wells get approved, when the same development proposing a single shared community well would have been denied. Those community systems are more efficient and safer, and their use can be measured and monitored. The current policy promotes poorly planned development and passes the hidden costs to future homeowners, counties and towns.”A spokesperson for the DNRC declined to comment on the lawsuit.The lawsuit presents four claims for relief, beginning with recognizing the constitutional protections afforded to senior water users and concluding with a constitutional provision protecting Montanans’ right to know what their government is doing and their right to participate in the operation of its agencies. The plaintiffs note that an interim legislative committee has been tasked with digging into the exempt well statute once again. But they don’t appear optimistic that the Legislature will reach a different result when it next convenes in 2027. Despite nearly two decades of studies identifying the consequences of exempt well development and repeated efforts to revise state laws, no meaningful change has occurred, according to the lawsuit.Four of the lawsuit’s plaintiffs — the Montana League of Cities and Towns, Clark Fork Coalition, Montana Farm Bureau Federation and Trout Unlimited — participated in the group that developed Senate Bill 358, which sought to close some of the state’s fastest-growing valleys to additional exempt wells but allow for increased groundwater development across the rest of the state as part of a compromise package. In April, the Montana Senate overwhelmingly rejected the measure.Kelly Lynch, executive director of the Montana League of Cities and Towns, said SB 358’s failure spurred her organization’s decision to move forward with the lawsuit.“We put our hearts and souls into that bill,” she said. “The fact that it failed — it was like, ‘OK, it’s time.’”Lynch added that other Western states have experienced similar pressures on their groundwater supplies and have responded by narrowing the groundwater withdrawal loophole. In those states, she said, the exempt well law is “extremely limited to those situations in which an exemption is truly necessary — not a development pattern that is subsidized by the exemption.”In that lawsuit, District Court Judge Michael McMahon sided with Upper Missouri Waterkeeper and a handful of landowners opposed to the 442-acre Horse Creek Hills subdivision. In his 2024 ruling, McMahon chastised the Department of Natural Resources and Conservation for “torturously misreading its own rules and ignoring Supreme Court precedent” on the cumulative impacts of exempt wells.Asked to respond to this round of litigation, Upper Missouri Waterkeeper Executive Director Guy Alsentzer wrote in an email to Montana Free Press that it’s an encouraging development that builds on the Horse Creek Hills litigation.“The pressure to develop land is unrelenting, and recent history demonstrates the Montana Legislature is plainly incapable of a constitutionally-sound approach to adequately regulating Montana’s water resources,” Alsentzer wrote. “Ideally, this case finishes the battle at-stake in Upper Missouri Waterkeeper v. Broadwater County (aka Horse Creek Hills), and before that in Clark Fork Coalition v. Tubbs: there is no free water for sprawl subdivision development in closed Montana river basins.”This story was originally published by Montana Free Press and distributed through a partnership with The Associated Press.Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See – Oct. 2025

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