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Blues edge Blackhawks in overtime again

Written By kolimtiga on Minggu, 20 April 2014 | 12.18

Defenseman Barret Jackman scored on a drive through traffic 5:50 into overtime, giving the St. Louis Blues their second straight 4-3 OT victory over the visiting Chicago Blackhawks on Saturday for a 2-0 series lead against the defending Stanley Cup champions.

Vladimir Tarasenko forced overtime with his second goal of the Western Conference series, beating Corey Crawford with a wrist shot that banged off the right post and in with 6.4 seconds to go. Kevin Shattenkirk had a goal and two assists for the Blues, who also got a goal from Chris Porter.

St. Louis rallied after Chicago defenseman Brent Seabrook received a five-minute major and game misconduct penalty for a vicious elbow to the head on Blues captain David Backes, who had to be helped off the ice, went straight to the locker room and did not return for the extra period.

Duncan Keith, Seabrook and Michael Rozsival scored in a span of five shots to put the Blackhawks up 3-2 early in the third. But Seabrook's penalty proved costly, and he could be suspended for Game 3 in Chicago on Monday night.

Columbus 4, at Pittsburgh 3 (2 OT): Matt Calvert banged home a rebound 1:10 into the second overtime and the Blue Jackets earned the first playoff victory in franchise history.

Pittsburgh's Marc-Andre Fleury stuffed the initial shot by Cam Atkinson but Calvert stood all alone at the left post and wristed a shot into the open net to even the Eastern Conference quarterfinals at one game each.

Game 3 is Monday in Columbus.

Jack Johnson tied the game with 6:01 left in regulation for the Blue Jackets. Ryan Johansen also scored the first playoff goal of his career for Columbus. Sergei Bobrovsky overcame a shaky start to finish with 39 saves.

at Colorado 4, Minnesota 2: Gabriel Landeskog scored twice and Semyon Varlamov stopped 30 shots, lifting the Avalanche to victory and a 2-0 series lead.

The Wild were unable to contain the quickness of teenager Nathan MacKinnon, who had a goal and three assists. Stastny, the star of Game 1, also had a goal and three assists. His empty-netter sealed the win after Marco Scandella made it a one-goal game with 1:19 remaining.

Charlie Coyle also scored early for the Wild.

Game 3 is Monday in Minnesota.


12.18 | 0 komentar | Read More

Superhero window washers lift spirits of young hospital patients

The nurses on the 20th floor were the first to see them. "Oh my goodness," declared Colleen Forrester, 29, a nurse dressed in green scrubs, who pointed to the windows. Other nurses came to look and laughed. Were the children strong enough to come see?

Soon, parents and nurses were leading kids out of their rooms. The children were small and frail-looking. Most were undergoing treatment for cancer and other serious disorders.

But on this cold April morning, they had a precious moment of distraction.

The window washers at the Ann & Robert H. Lurie Children's Hospital of Chicago were dressed as superheroes. All morning, Captain America, Batman and Spider-Man swung on ropes outside the windows — waving to the children, posing for pictures — in what is fast becoming a semiannual tradition.

"Wow. They are so high up," said a wide-eyed Mason Turngren, 8, whose colon is failing and who has been in and out of the hospital the last four years. On Tuesday, he was exhausted from the most recent battery of tests and had to be coaxed to the window. Once there, he was transfixed. Mason waved to the heroes and put his hand on the glass to exchange a high-five with Captain America.

That moment meant a lot to Mason's mom, Dusty Turngren, 42. "Just to see a smile on his face," she said. The hospital had offered other events in recent days, including a visit from a therapy dog, but none had aroused Mason's interest. Then he heard that Spider-Man was outside.

"Superheroes are his favorite," said his mother, "especially Spider-Man." Mason spent a half an hour at the windows.

The superhero window washers made their first appearance at Lurie last year after Phil Kujawa, 46, the foreman of the crew, saw a news report about a similar event in another city. He mentioned the idea to his bosses at Chicago-based Corporate Cleaning and quickly got the green light.

Then Kujawa had the little issue of getting his crew to don the capes and tights. "At first, they were like, 'I am not wearing that,'" Kujawa recalled.

He emphasized how much it would mean to the kids, and eventually won over his crew.

Each window washer, Kujawa said, was carefully selected for his experience and skill. (Because of the architectural details on the building, Lurie Children's is not an easy building to clean, he said.) What's more, each man had to look like a hero.

Roberto Duran, 32, with a chiseled jaw and clean-cut good looks, would make a perfect Captain America, his bosses thought. Gerardo Vaca, 36, with a short, athletic build, seemed more a Spider-Man type.

And Pedro Castro, 45, with a bushy mustache, was chosen to become Batman "as a little bit of a joke," Kujawa said with a laugh. "We wanted to see what he would look like in a costume."

Now, he said, his team revels in the chance to assume the super identities.

"They smile and wave their hands," Vaca said of the kids. "They are so happy. I like [dressing up] because I like to see their happy faces."

Evelina London Children's Hospital in England might have been the first to ask its window washers to don tights and capes, according to news reports. After photos of the superhero window washers hit the Internet a few years ago, the idea spread to children's hospitals around the world.

Doctors at Lurie believe — even if they can't cite scientific studies to prove it — the happiness that is generated by "Superhero Day" can help children heal. "There is power in laughter and joy and excitement," said Dr. Stewart Goldman, a neuro-oncologist at Lurie. "I can't quote you a trial, but I know in my heart that it helps."

The heroes swung back and forth in front of patients' windows, lingering outside each floor, before lowering themselves again. Everywhere they went, they created a stir of excitement.

Ricky Canas, 27, stood away from the crowd with his 10-year-old sister, Angelina, a tiny girl with a tall IV pole. She got sick in February; doctors found a tumor in her liver. The days since have been long and terrifying. But Angelina has been a trouper, through the biopsy and surgery and now in the run-up to chemotherapy.

"I always liked superheroes," Canas said. He looked down at his sister, and gently touched her delicate chin. It was clear that Canas thought his sister was the real hero of the day. "Someone told me once, 'We don't have to find heroes. We can be our own.'"

cmastony@tribune.com


12.18 | 0 komentar | Read More

Dodgers rally back from four-run deficit for 8-6 win over Diamondbacks

Dodgers 8, Diamondbacks 6

KEY MOMENT: The Dodgers were going down quickly against Arizona rookie right-hander Mike Bolsinger early, trailing 4-0 in the middle of the fourth. But the second time through the lineup, the Dodgers began to show significant life. After one-out singles by Adrian Gonzalez and Matt Kemp in the fourth, Andre Ethier gave the Dodgers a boost with a three-run home run.

AT THE PLATE: The first hit for Gonzalez, in the fourth, extended his hitting streak to 14 games, longest in the National League this season. Gonzalez is batting .345 (20 for 58) in that stretch, with five home runs, five doubles and 16 runs batted in. Ethier became the sixth Los Angeles Dodger with 600 RBIs. Ethier is hitting .214 overall but .385 (10 for 26) with runners in scoring position.

ON THE MOUND: Dan Haren became the first Dodger to pitch into the eighth inning this season. He had a rough third inning when four hits, an error and a hit batter led to four runs by the Diamondbacks, but he recovered to give a worn bullpen needed rest. Haren was charged with two earned runs (five overall) in his 71/3 innings, allowing seven hits but not walking a batter; he struck out five. Brian Wilson relieved him in the eighth, but again struggled. He gave up a walk, double and single. Kenley Jansen, who had struggled somewhat recently, held Arizona scoreless in the ninth to earn his sixth save.

ON THE MEND: On Sunday Clayton Kershaw is scheduled to throw his first simulated game since going on the disabled list March 30 with a sore back. Manager Don Mattingly said it was uncertain if another bullpen session or simulated game would be next. "It's probably too early for a timetable," Mattingly said. "He just seems to be stepping forward. But obviously as we get moving he's going to have to go out [on a rehab assignment] and throw somewhere." Catcher Ted Federowicz, hit on the left wrist by a Paul Goldschmidt swing Friday, said the area was sore but he was available.

EXTRA BASES: It was Yasiel Puig's turn to be the odd man out in the Dodgers' starting outfield. The Dodgers regained a one-game lead over San Francisco in the NL West with the victory. The Dodgers are 6-1 this season against Arizona.

UP NEXT: Right-hander Josh Beckett (0-0, 4.00 ERA) makes his third start of the season, facing Arizona's Josh Collmenter (0-1, 3.75) at 1:10 p.m. at Dodger Stadium. On the air: TV: SportsNet LA; Radio: 570.

—Steve Dilbeck


12.18 | 0 komentar | Read More

State Water Project to make small deliveries this year

Written By kolimtiga on Sabtu, 19 April 2014 | 12.18

The State Water Project, which helps supply a majority of Californians, will make small deliveries this year, officials said Friday as they increased the system's allocation to 5% from the historic zero announced in January.

February and March storms in Northern California raised the levels of the state's two largest reservoirs enough to allow federal water managers to also significantly boost deliveries to wildlife refuges and irrigation districts with the most senior water rights in the Sacramento Valley.

"This is all a bit of good news in an otherwise very bleak water year," state water resources director Mark Cowin said.

The changes won't make much of a difference for most Californians. At 5%, the state allocation is still the lowest on record for urban agencies, which continue to emphasize the need for conservation.

"Metropolitan was fortunate to enter this drought with sizable water reserves," said Jeffrey Kightlinger, general manager of the Metropolitan Water District of Southern California, the state project's biggest customer. "But those reserves are slowly dropping. … Lowering demand is the one thing each and every one of us can do to ensure that our reserves will be sufficient to withstand a drought that has no end in sight."

The allocation for most growers supplied by the Central Valley Project remains at zero. Officials of the U.S. Bureau of Reclamation, which operates the project, were not optimistic that would change. They did indicate, however, that the allocation for wildlife refuges and senior rights holders in the San Joaquin Valley, now at 40%, might go up a bit.

California growers are expected to idle at least 500,000 acres of cropland this year for lack of irrigation. But the majority of the state's roughly 8 million acres of irrigated farmland will still be planted.

Farmers are pumping groundwater, buying water from districts with senior rights and, in some cases, have supplies left from last year. The huge Imperial Irrigation District in southeast California is also getting its normal deliveries from the Colorado River.

In the Sacramento Valley, deliveries will be timed to improve conditions for spawning winter-run Chinook salmon, which are facing dangerously warm river temperatures because of the drought.

The valley's senior rights holders, known as the Settlement Contractors, have agreed to delay many of their plantings — and thus their Sacramento River diversions — until after May 1. That will allow the reclamation bureau to hold more cold water behind upstream Shasta Dam and release it for the growers when the salmon most need it.

"The Sacramento River Settlement Contractors have made a significant contribution to conserving winter-run Chinook salmon," said Maria Rea, assistant regional administrator of National Oceanic and Atmospheric Administration Fisheries.

The group, which had been facing a record low allocation of 40%, will now get 75% of its usual supply, as will Sacramento Valley wildlife refuges.

Fish and wildlife officials said it was particularly important that the refuges receive water this year because wet conditions in Canada are expected to produce a bumper crop of waterfowl that will head to the Central Valley for the winter.

bettina.boxall@latimes.com


12.18 | 0 komentar | Read More

Man gets 40 years to life in shooting at USC

A man convicted of attempted murder for opening fire on a rival gang member on the USC campus sobbed in court Friday as he was sentenced to 40 years to life in prison.

At one point, sheriff's deputies had to calm Brandon Spencer as he banged his head on the defense table. He was convicted in February on four counts of attempted murder for the 2012 shooting, the first on the campus in decades. Four people were wounded in the gunfire.

Nearly 50 friends and family members sat behind Spencer as he tried to compose himself and ask the judge for a second chance.

"I'm sorry for what happened but I can't spend the rest of my life in prison," Spencer, 21, said through tears. "I'm not just some gang-banger that they portrayed me as."

Spencer's attorney, John Blanchard, said his client had no criminal record, had a job as a security guard and had planned to attend college. At his trial, Blanchard argued that there was no credible evidence that Spencer was the gunman.

According to authorities, Spencer arrived at a crowded Halloween party when he saw Geno Hall, a member of a rival gang that shot and wounded Spencer a year earlier. Spencer left the party and returned with a gun. Spencer shot Hall, 22, and continued firing as Hall fled and the crowd scattered, authorities said. Hall was among the four people injured.

Spencer, then 19, was arrested in a parking lot on the campus, trying to flee.

Prosecutors said Spencer deserved a harsh punishment for shooting into a crowd of people in an effort to settle a score with a rival gang member.

"The fact that no one else got shot is luck," Deputy Dist. Atty. Antonella Nistorescu said. "The fact that no one died here is also luck."

More than two dozen of Spencer's supporters wrote to Los Angeles County Superior Court Judge Edmund W. Clarke Jr. asking for leniency.

"My brother's image and character was misconstrued," younger brother Bradley Spencer wrote. "Brandon is not a criminal nor a gang member. Even though he grew up among gang members in our neighborhood, Brandon never participated in gang activity and was always above the law."

Others wrote of Spencer's aspirations to become an emergency medical technician and his plan to enroll in a training program at UCLA.

"He was excited about the prospects of his future," his father, James Spencer, wrote.

Even one of the victims weighed in, writing that he believed Spencer deserved another chance "to become a responsible citizen."

In sentencing Spencer, the judge denounced gang violence but rejected a request from prosecutors that Spencer be sentenced to consecutive 40-year prison terms for each of the four counts of attempted murder — essentially a life sentence. Instead, Clarke ruled that the sentences would run concurrently, which means Spencer could eventually be eligible for parole.

Clarke noted the letters of support and said that Spencer seemed to have redeeming qualities. But, he said, the shooting was inexcusable.

"The ultimate act of selfishness can be so achieved by squeezing the trigger of a gun," Clarke said.

Blanchard said he planned to appeal.

By the end of the hearing, Spencer seemed to compose himself. He turned to his family and friends in the courtroom.

"I love all y'all!" he yelled to them. He asked a bailiff if he could stay in the courtroom and watch everyone leave. But the answer was no.

He was escorted out of the courtroom, hands shackled.

ryan.menezes@latimes.com


12.18 | 0 komentar | Read More

State Water Project to make small deliveries this year

The State Water Project, which helps supply a majority of Californians, will make small deliveries this year, officials said Friday as they increased the system's allocation to 5% from the historic zero announced in January.

February and March storms in Northern California raised the levels of the state's two largest reservoirs enough to allow federal water managers to also significantly boost deliveries to wildlife refuges and irrigation districts with the most senior water rights in the Sacramento Valley.

"This is all a bit of good news in an otherwise very bleak water year," state water resources director Mark Cowin said.

The changes won't make much of a difference for most Californians. At 5%, the state allocation is still the lowest on record for urban agencies, which continue to emphasize the need for conservation.

"Metropolitan was fortunate to enter this drought with sizable water reserves," said Jeffrey Kightlinger, general manager of the Metropolitan Water District of Southern California, the state project's biggest customer. "But those reserves are slowly dropping. … Lowering demand is the one thing each and every one of us can do to ensure that our reserves will be sufficient to withstand a drought that has no end in sight."

The allocation for most growers supplied by the Central Valley Project remains at zero. Officials of the U.S. Bureau of Reclamation, which operates the project, were not optimistic that would change. They did indicate, however, that the allocation for wildlife refuges and senior rights holders in the San Joaquin Valley, now at 40%, might go up a bit.

California growers are expected to idle at least 500,000 acres of cropland this year for lack of irrigation. But the majority of the state's roughly 8 million acres of irrigated farmland will still be planted.

Farmers are pumping groundwater, buying water from districts with senior rights and, in some cases, have supplies left from last year. The huge Imperial Irrigation District in southeast California is also getting its normal deliveries from the Colorado River.

In the Sacramento Valley, deliveries will be timed to improve conditions for spawning winter-run Chinook salmon, which are facing dangerously warm river temperatures because of the drought.

The valley's senior rights holders, known as the Settlement Contractors, have agreed to delay many of their plantings — and thus their Sacramento River diversions — until after May 1. That will allow the reclamation bureau to hold more cold water behind upstream Shasta Dam and release it for the growers when the salmon most need it.

"The Sacramento River Settlement Contractors have made a significant contribution to conserving winter-run Chinook salmon," said Maria Rea, assistant regional administrator of National Oceanic and Atmospheric Administration Fisheries.

The group, which had been facing a record low allocation of 40%, will now get 75% of its usual supply, as will Sacramento Valley wildlife refuges.

Fish and wildlife officials said it was particularly important that the refuges receive water this year because wet conditions in Canada are expected to produce a bumper crop of waterfowl that will head to the Central Valley for the winter.

bettina.boxall@latimes.com


12.18 | 0 komentar | Read More

L.A. faces three more years of deficits, budget official says

Written By kolimtiga on Jumat, 18 April 2014 | 12.18

Los Angeles faces budget deficits through 2018 even if elected officials keep a lid on spending and secure new concessions from the workforce, the top financial analyst at City Hall warned Thursday.

In a memo to the City Council, City Administrative Officer Miguel Santana said lawmakers won't have the money to rebuild services cut during the recession until the 2018-19 fiscal year, unless new tax revenue is found or other programs are cut. That year, the city is expected to experience a $20.9-million surplus, he said.

That situation could limit Mayor Eric Garcetti's ability to expand core services during his four-year term. Garcetti has promised to take a "back to basics" approach to city government, proposing a budget with modest hikes in service — additional library hours, more code enforcement inspectors and an expansion of road repairs from 2,200 lane miles to 2,400.

Deputy Mayor Rick Cole said Garcetti is working on ways to generate savings for the city that offset Santana's projections in future years. The mayor is focusing on limiting workers' compensation costs, improving the city's purchasing process and increasing productivity through technology, he said.

"All of these fundamental reforms translate into improved and expanded services," Cole said.

Santana's memo also warned that Garcetti has not allocated the money needed for road repair expansion or enhanced ambulance service outlined in the budget he sent to the City Council. Cole said the mayor is looking to accomplish the added road repairs in part by being more efficient and scaling back overtime hours.

At the Fire Department, Garcetti aims to keep ambulances in the field by "deploying other resources and sources of funding," Cole said.

Santana released his budget memo three days after Garcetti proposed his administration's first spending plan, which is designed to eliminate a $242-million shortfall for the fiscal year that begins July 1. The council must decide whether to approve or rework Garcetti's 2014-2015 financial plan next month.

Even after a budget is passed erasing next year's revenue shortfall, more deficits will follow due to rising employee costs, Santana's memo said.

Santana projected a $165.2-million deficit in 2015-16; a $186.8-million deficit in 2016-17; and a $73.9-million deficit in 2017-18. Each of those figures assumes that the council will approve Garcetti's gradual reduction in the top business tax rate over the next four years.

Garcetti has argued that the tax reductions would make the city more attractive to businesses. His strategy is expected to remove $45 million in yearly business tax revenue from the budget by 2018.

Thursday's memo offered messages that Santana has repeated in recent months. He called for no cost-of-living increases for the city's workers and pushed for employees to pay 10% of their health insurance premiums. Even with a stronger economy, the salary, benefits and pension costs are outstripping tax revenues, he said.

Santana also issued a warning about Police Department funding, saying Garcetti's budget does not provide money needed to deal the city's growing "bank" of unpaid officer overtime.

Since the recession, city leaders have expanded the practice of delaying payment of police overtime years into the future. That strategy helped balance budgets in lean years but has left the Los Angeles Police Department with $112 million in unpaid employee hours. When the city's salary agreement with rank-and-file officers expires this summer, the number of overtime hours that can go uncompensated in the short term will drop precipitously, Santana said.

david.zahniser@latimes.com


12.18 | 0 komentar | Read More

USC football: Toa Lobendahn has chance to start as a freshman

Toa Lobendahn has practiced only 14 times at USC, but the freshman's performance during spring workouts has put him on track for a possible starting role on the offensive line in the fall.

With senior Aundrey Walker and third-year sophomore Jordan Simmons sidelined while recovering from ankle and knee surgeries, respectively, Lobendahn took full advantage of the long look he received at guard.

The 6-foot-3, 280-pound Lobendahn has worked daily against veterans such as junior defensive tackle Antwaun Woods and senior linebacker Hayes Pullard.

"It's not easy when you're supposed to still be a senior in high school," USC Coach Steve Sarkisian said Thursday.

Lobendahn is one of four freshmen who graduated from high school in December and enrolled at USC for the spring semester. Quarterback Jalen Greene, offensive lineman Jordan Austin and defensive lineman Don Hill also have impressed, along with defensive lineman Claude Pelon, a junior college transfer.

Lobendahn was coached at Lakewood by his father, Vince Lobendahn. But when the school replaced his father after the 2012 season, Lobendahn transferred to La Habra for his senior year.

The move, Lobendahn said, enabled him to graduate early and start his college career.

When spring practice began last month, Lobendahn worked a few days as Max Tuerk's backup at center before coaches moved him to guard.

"Center has a little more pressure, snapping the ball and making more calls," Lobendahn said, "but I'm good with either one."

Lobendahn is wearing jersey No. 55, which is also linebacker Lamar Dawson's number. The number has been worn exclusively by defensive players since the late Junior Seau donned it in the late 1980s.

Lobendahn said he asked for No. 54. But he will wear 55 with pride.

"I knew if I was to get the number, I was going to have go out here and play," he said.

Greene, who played at Gardena Serra High, signed with the Trojans after committing first to Boise State and then Washington. Chris Petersen moved from Boise State to Washington to replace Sarkisian as coach.

Greene said the Trojans' new offensive system was similar to what he ran in high school. He also was happy to stay close to home.

"They really didn't have to sell much," he said of being offered a scholarship by the Trojans.

Quick hits

The Trojans conclude spring practice Saturday at the Coliseum at 3 p.m. Sarkisian said the Trojans would run about 100 plays "for guys to go out and compete and for the fans, to give them a taste of what the fall should look like." Tickets for adults are $10. Children 12 and under are free…. Sarkisian closed Thursday's one-hour practice to the media and the public. Coaches instructed players on how to conduct off-season workouts, when coaches are not allowed to be present, Sarkisian said.

gary.klein@latimes.com

Twitter: @latimesklein


12.18 | 0 komentar | Read More

Insurance premium subsidy boosted superintendent's pay to $772,457

An embattled South Bay school district leader, under investigation for his high compensation, now has a new issue to deal with: insurance premiums that should have been counted as taxable income, but were not.

The Centinela Valley Union High School District is being investigated by federal and state authorities for paying Supt. Jose Fernandez $674,559 last year — a figure derived from Fernandez's own calculations. Now, it turns out that he mistakenly understated his taxable earnings.

The district also paid nearly $98,000 last year for whole life insurance for Fernandez, according to records provided by the school district Thursday. That brings the superintendent's taxable income to $772,457.

The district made similar accounting mistakes with other employees who received subsidies for life insurance. But Fernandez faces the greatest potential impact because his subsidized premiums dwarfed the others.

The school system placed Fernandez on paid leave last week.

In response to a California Public Records Act request, the district provided information on two policies for Fernandez, one with a value of $1 million and another worth $750,000. Both policies have a cash value and can be borrowed against. Fernandez's contract includes a $1-million whole life policy, but does not mention the cost of the premiums.

Because Centinela was paying the annual premiums, they must be counted as taxable income, according to instructions the district received from the Los Angeles County Office of Education.

Fernandez made considerably more last year than the leaders of the New York, Los Angeles and Chicago school districts, the nation's three largest school systems. His 2013 compensation was inflated by a one-time supplement of $230,000, which he used to buy seniority in state retirement systems. Doing so allows him to collect a higher pension when he retires.

The superintendent's contract and related issues are being investigated or audited by the FBI, the L.A. County district attorney, the county education office and a state pension system. The county education office confirmed its inquiry; district officials or other employees as well as other agencies verified the others.

Fernandez, 54, said this week that his attorney had advised him not to comment on the issues swirling around him. But in the past he has said that school board members understood his contract when they approved it with the advice of counsel. He added that the district contacted the county education office specifically to affirm that his employment terms complied with the law.

Both insurance policies were issued in 2010, so the added income — and possible tax penalties — could stretch back several years.

Other district employees also face back taxes and possible penalties.

At a district meeting this week, the board of education passed a resolution saying it would work with about 50 lower-level managers to help them with their tax issues. But the board specifically excluded the district's three assistant superintendents and Fernandez.

Based on the board's action, these top officials will have to pay any additional fees on their own. The same goes for four school board members who benefit from $150,000 in life insurance purchased by the school system.

Aside from Fernandez, two senior administrators were placed on leave, the district said Thursday: Patrick Au, who was in charge of information technology, and Ernani Montijo, director of fiscal services.

Interim Supt. Bob Cox said he could not comment on why the two administrators had been removed from their positions.

The Daily Breeze and CBS2/KCAL9 first reported elements of the district insurance policies.

howard.blume@latimes.com


12.18 | 0 komentar | Read More

Judges overturn rulings on Sacramento River contracts

Written By kolimtiga on Kamis, 17 April 2014 | 12.18

A decision by a federal appeals court Wednesday could allow for changes in water deliveries to irrigation districts that hold senior rights to Sacramento River supplies.

The unanimous opinion by an 11-judge panel of the U.S. 9th Circuit Court of Appeals overturned two previous rulings that found the federal government lacked discretion to alter water contracts with senior irrigators in the Sacramento Valley.

The new decision sends the matter back to a district court for further consideration, leaving both sides in the nearly decade-old case unsure of the ultimate outcome.

"It doesn't change things on the ground today," said Doug Obegi, an attorney with the Natural Resources Defense Council. However, he added, it could ultimately mean modifying the contracts to encourage conservation or adopt delivery schedules that would leave more water in the system at key times for salmon migration and delta smelt movement.

The resources council is one of several environmental groups that sued the federal government over its 2005 renewal of the long-term water contracts. The organizations contend that the U.S. Bureau of Reclamation should have weighed the effects of the river diversions on endangered fish species in the downstream Sacramento-San Joaquin River Delta and altered the contracts to lessen the environmental impact.

Under a 1964 agreement, the irrigation districts — known as the Settlement Contractors — are collectively entitled to annually divert 2.2 million acre-feet of water from the Sacramento River in all but the driest years. That is enough to supply 4.4 million households.

"We're disappointed with the decision. We've been going at this case now for a long time," said Thad Bettner, general manager of the Glenn-Colusa Irrigation District, the largest of the senior rights holders. It was unclear, he said, whether the opinion would reopen the contracts or force future changes.

Although delta exports to the San Joaquin Valley and Southern California cities by junior government water projects have been restricted to protect fish, Glenn-Colusa and other upstream diverters with senior rights in the Sacramento and San Joaquin valleys have escaped similar cuts.

The appeals panel concluded Wednesday that the reclamation bureau should have consulted the U.S. Fish and Wildlife Service when it renewed the Sacramento River contracts because "it retained 'some discretion' to act in a manner that would benefit the delta smelt."

Even if the original contracts locked water quantities in place, "the bureau could benefit the delta smelt by renegotiating the Settlement Contracts' terms with regard to … their pricing scheme or the timing of water distribution," Judge Milan Smith Jr. wrote.

bettina.boxall@latimes.com


12.18 | 0 komentar | Read More
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