Settlement Could Keep Water Cases in Court

The Bush administration has paid California farmers and water districts $16.7 million to settle claims filed when water deliveries were cut to protect endangered fish. The move was praised by property rights advocates (and critics of the endangered species act) but criticized by others, who said it could unleash a flood of new claims. The settlement was a ?EUR??,,????'??mistake that will establish a precedent that could require the public to pay tens of millions of dollars to water users in many cases where even a small portion of their anticipated deliveries are needed to protect endangered fish,?EUR??,,????'?? California Sen. Diane Feinstein said in a statement. The decision to settle was reached by the U.S. Department of Justice in December, despite letters from the California attorney general?EUR??,,????'???s office, Gov. Arnold Schwarzenegger?EUR??,,????'???s office and attorneys for the National Oceanic and Atmospheric Administration warning against such a move. The Kern County Water Agency, several farmers and the Tulare Lake Basin Water Storage District will divide the settlement money. Similar claims are already pending in California?EUR??,,????'???s Klamath Basin, where fish protections are forcing water cutbacks and for the city of Stockton and irrigators who lost water from the New Melones Dam in California?EUR??,,????'???s Central Valley. The $16.7 million settlement could embroil water agencies in more litigation as well as pressuring government agencies to relax environmental protections, Hal Candee of the Natural Resources Defense Council told the Los Angeles Times. ?EUR??,,????'??That hurts the taxpayers as well as the environment,?EUR??,,????'??? he said.