Judge Allows LORP Supplemental EIR to Stand.

LADWP's Restoration of Lower Owens River Progressing on Schedule

LOS ANGELES -- An Inyo County Superior Court judge has ruled in favor of the Los Angeles Department of Water and Power (LADWP) in a lawsuit that challenged a supplemental environmental impact report (SEIR) brought by the Sierra Club over a portion of the Lower Owens River Project (LORP). Judge Lee Cooper ruled Sept. 27 that the SEIR adequately addressed environmental impacts of the restoration project on the brine pool transition area, located at the southern end of Owens River Delta where it transitions into Owens Lake.

"We are pleased that the Court's decision enables us to continue moving forward with the restoration of the Lower Owens River," said LADWP Board President H. David Nahai. "The LORP will provide tremendous environmental benefits to the Owens Valley, and is the most significant river restoration effort being undertaken in the United States."

The LORP is designed to provide mitigation for impacts related to ground water pumping by LADWP in the Owens Valley between 1970 and 1990. Under the LORP, the LADWP will provide a steady flow of water to 62 miles of Lower Owens River that has essentially been dry since it was diverted to Los Angeles in 1913.

The project involves returning a steady flow of water from the Los Angeles Aqueduct to the Owens River below Big Pine and down to the Delta of Owens Lake, located just south of Lone Pine, California. Additional water will spread into Owens Valley basins and the Owens Lake Delta to create hundreds of acres of wetland habitat for waterfowl, shorebirds, and other water associated species. In addition existing off-river lakes and ponds will be permanently maintained.

Cooper ruled that the Board of Water and Power Commissioners' decision to approve the SEIR is "supported by substantial evidence and that the agency proceeded as required by law." The ruling further states that while the LORP may have some negative impact on the brine pool transition area, this potential impact is "more than offset by other mitigation measuresC*"

LADWP plans to release permanent flows into the upper portion of the Lower Owens River in early December 2006, and is also on schedule to establish the permanent base flow of 40 cubic feet per second in the entire river by July 25, 2007. Water was first returned to the southern portion of the Lower Owens River in the 1970s under an agreement with the California Department of Fish and Game.

The LADWP has made significant progress in implementing the project. The original 1913 Owens River water diversion structure has been significantly modified, including the installation of an automated gate to allow reliable control of the river water released from the Aqueduct to the Lower Owens River. The diversion structure work is scheduled for completion by early November.

Construction by Kiewit Pacific Co. of the 50 cubic feet per second pump station which deliver excess flows to the Aqueduct or to the Owens Lake Dust Mitigation Project is on schedule, with 90 percent of the concrete work, service roads, electrical service, and the Lower Owens River settling basin almost complete. LADWP crews have completed clearing approximately two miles of the Lower Owens River channel of silt and other debris plugs prior to the release of water. Fencing of the river to implement grazing and recreational management plans is well underway. Work on water control and measuring structures is also almost complete.

In addition to enhancing the environment and providing wildlife habitat, returning water to the Lower Owens River will also provide additional recreational opportunities such as fishing and bird watching in the southern portion of the Owens Valley.