For the second time in nine days, a federal judge in Fresno has handed a victory to urban and agricultural water users who are seeking to increase pumping levels in the Sacramento-San Joaquin Delta.
U.S. District Judge Oliver W. Wanger’s 126-page decision involving the threatened delta smelt has many similarities to one issued last week on endangered salmon species.
As with the salmon ruling, Wanger found Thursday that water officials must consider humans along with the delta smelt in limiting use of the delta for irrigation. He also found that water users made convincing arguments that the federal government’s science didn’t prove that increased pumping from the delta imperiled the smelt.
But at same time, Wanger’s ruling recognizes that the smelt are a species on the brink of extinction, and as the water users seek to increase pumping levels that have been reduced to protect the tiny fish, they likely will face a tougher challenge than with the salmon.
How the ruling affects pumping restrictions will be argued at a hearing Wanger has scheduled for 10 a.m. Friday, and the outcome is critical in the continuing battle between water users and the federal government and its environmental allies.