The "battle of the water bonds" has erupted at the State Capitol over the past two weeks after Governor Arnold Schwarzenegger in September called for a special legislative session to push through his health care and water bond legislation.

Neither Senator Perata's SB2xx water bond measure or Senator Dave Cogdill/Governor Arnold Schwarzenegger's SB3xx competing bill were able to get enough votes in the Senate to get placed on the February ballot. To get on the November ballot, Perata, Cogdill and Schwarzenegger will have to collect the necessary signatures to get their respective measures on the ballot.

The State Senate on October 9 defeated legislation by Senate President pro Tem Don Perata (D-Oakland) to place a $6.8 billion water bond supported by fishing, and conservation groups on the February 2008 ballot. After the defeat, Perata announced that he would file papers with the Attorney General's office to put his measure on the November ballot.

Perata's legislation is supported by a wide array of recreational fishing groups, including the California Sportfishing Protection Alliance, California Trout, Federation of Fly Fishers, California Striped Bass Association, Friends of the Trinity River and Water For Fish.

The Perata bill is a $6.8 billion bond measure that provides $2 billion for local water planning efforts focusing on water use efficiency, recycling and groundwater clean up strategies to to allow regions to become more self-sufficient in terms of water supply. The bill also provides $2.4 billion to improve Delta sustainability. Another $1 billion is provided in the bond for the restoration of the Klamath, Sacramento, San Joaquin, Los Angeles, San Gabriel, Santa Ana and other rivers.

The bill specifically prohibits expenditures that would construct new Delta pumping or water transfer facilities and the peripheral canal.

The Governor's competing $9 billion water bond proposal (SB3xx), sponsored by Senator Dave Cogdill (R-Modesto), provides $5.8 billion for the construction for Temperance Flat Reservoir on the San Joaquin River and Sites Reservoir on the west side of the Sacramento Valley and the expansion of Los Vaqueros, near Livermore. The Schwarzenegger-Cogdill bill also allocates nearly $2 billion to increase pumping of freshwater from the Delta.

The Governor's bill supports the building of a peripheral canal, code named as "conveyance," an outdated concept that was defeated overwhelming by the California voters in 2002. If built, the canal that would divert water from the Sacramento River from the Delta to the state and federal pumping facilities could result in the final nail in the coffin of the Bay-Delta fishery.

"The Governor's proposal guarantees more water to Californians, but provides no specific guarantees of water for Delta and Central Valley fish," said Dick Pool, of Water 4 Fish, a coalition of fishing groups. "In contrast, Perata's bill focuses on restoring the Delta and its fish."

Over 100 people representing diverse interests, including recreational anglers, duck hunters, Delta farmers, environmentalists, businesses and water agencies, spoke out in favor of Perata's bill and in opposition to SB3xx during the Senate Natural Resources Committee Hearing on October 8.

At a press conference before the afternoon hearing, Perata noted, "This is the first time Friends of the River and the Metropolitan Water District are standing on the same stage," as representatives of the two organizations and others lined up behind him in support of his legislation.

Perata's Safe Drinking Water Act of 2008, SB2xx, fell four votes short of the necessary two-thirds majority required for passage, even though the bill was approved on a party line vote through both the Senate Natural Resources and Appropriation committees. The vote was 23 to 12 - and 27 yes votes were required to pass the bill. No Republican Senator voted to support the measure.

The Governor's water bond failed to pass through the Natural Resources Committee on October 9. Senators Darrell Steinberg, Mike Machado, Sheila Kuehl and Christine Kehoe strongly criticized the legislation for failing to address California's immediate water supply and environmental needs while committing to the building of costly reservoirs -at state expense - that wouldn't become operational for 10 to 15 years.

"I think the problem is that some people want dams built, but they want others to pay for them," Kehoe quipped during the hearing.

Perata said he would move forward with an initiative to put the measure on the November 2008 ballot. Schwarzenegger and Cogdill are also expected to sponsor their water bond as a competing measure on the November ballot.

"This is too important to give up on," Perata said. "We've spent seven months crafting this bond and the broad support behind it demonstrates the quality of this legislation."

"We cannot ignore this problem," Perata emphasized. "Recent federal court decisions will translate into water rationing in the Bay Area and Southern California next year if we do nothing. It's time to act now, and I'm disappointed Republicans don't recognize this."

SB 2XX would provide funding to safeguard the supply of "clean, safe drinking water" for homes, businesses and farms; improve conservation; and keep California's economy strong, according to Perata's office. The measure responds to a looming crisis that threatens to force water rationing and higher bills.

On October 10, Governor Arnold Schwarzenegger sent a new proposal to key legislators, offering a "compromise" water package that would provide $3.5 billion for environmentally damaging dams. Schwarzenegger emphasized the "critical need" for water storage reservoirs to help solve California's "water crisis."

"California needs a balanced and comprehensive plan for our water future," claimed Schwarzenegger. "While some want to limit the actions we take, I believe we must invest in a wide range of tools including expanded storage, new conveyance and conservation. The plan does not work if we don't have all three."

Perata's water bond has attracted support from across the spectrum of water interests - from urban water districts such as the giant Metropolitan Water District to environmental groups including Friends of the River, in contrast to the Schwarzenegger/Cogdill bond that has garnered its support mainly from water contractors.

When attending the hearing and press conference, I was very encouraged that the Restore the Delta Coalition, a diverse group of recreational anglers, Delta farmers, business people, conservationists and Delta residents, showed in force during the Natural Resources Committee to support the Perata water bond and to oppose Cogdill's legislation. The Winnemem Wintu (McCloud River) Tribe of northern California, now engaged in a battle to stop the raising of Shasta Dam, also supports the legislation.

"We see the Natural Resources & Water Committee's rejection of SB3xx as a victory on two levels," said Barbara Barrigan-Parrilla, campaign director of Restore the Delta, www.restorethedelta.org. "First, the political momentum for building a peripheral canal or pipe to divert fresh water flows from entering the Delta has been slowed down for the time being."

"Second, our coalition is beginning to mirror the broad range of needs and interests within the Delta community, and the Delta community is growing in its understanding of why we need to take action to protect our region's ecosystem," she said.

Fishing groups, Indian Tribes and conservationists strongly oppose the Cogdill bill because, unlike the Perata legislation, it would provide for increased water exports from the California Delta at a time when the estuary is in its biggest ecological crisis ever. Delta smelt, longfin smelt, juvenile striped bass and threadfin shad have declined to record low levels, due to massive increases of water exports by the state and federal governments since 2001.

"While the legislative leadership has held strong in its opposition to dam funding thus far, the Governor's office is applying increased pressure to key legislators to accept his proposal and deliver a dam funding package in the next week," emphasized Gary Patton, executive director of the Planning and Conservation League.