
California Attorney General Xavier Becerra and a coalition of fishing and environmental groups have filed a lawsuit to block the Westlands Water District, the largest agricultural water district in the U.S., from taking what they described as unlawful action to assist in the planning and construction of a project to raise the height of Shasta Dam.
The project poses significant adverse effects on the free-flowing condition of the McCloud River and on its wild trout fishery, both of which have special statutory protections under the California Wild and Scenic Rivers Act. The Act prohibits any agency of the State of California, such as Westlands, from assisting or cooperating with actions to raise the Shasta Dam.
The dam raise would destroy many of the remaining sacred sites of the Winnemem Wintu Tribe that already lost 90% of its ancestral lands when the dam was completed and Shasta Reservoir filled in 1945.
This project is unlawful. It would create significant environmental and cultural impacts for the communities and habitats surrounding the Shasta Dam, said Attorney General Becerra. Today we ask the court to block this illegal attempt by the Westlands Water District to circumvent state law.
The lawsuit alleges that under the Wild and Scenic Rivers Act, Westlands is prohibited from planning, funding, or assisting with any project that could adversely affect the McCloud River’s flow or its fishery.
Federal studies of the proposal concluded that raising the dam would increase the already inundated portion of the lower McCloud River by 39 percent, according to the A.G.’s Office.
This further inundation would have a significant negative impact on the river’s fisheries and habitats, and submerge sacred sites of the Winnemem Wintu Native American Tribe, Becerra said.
Despite these impacts, Becerra said Westlands has unlawfully assumed lead agency status for the $1.3 billion project and has allocated funding of over $1 million for the preparation of an Environmental Impact Report under the California Environmental Quality Act.