Sonoma County Winegrape Commission

Frost Protection and Endangered Coho

Many of you have heard that National Marine Fisheries Services (NMFS) sent a letter to the state Water Resources Control Board asking for an emergency ruling to banning the use of water for frost protection in the Russian River Valley basin. This request was made because of fish kills (take under the Endangered Species Act) in the Russian River near Hopland and in Felta Creek in Sonoma County in 2008. A public hearing and workshop was held in Sacramento on April 7 by the Water Resources Control Board. The entire workshop was directed at frost protection and ESA protection for Salmonids in Sonoma and Mendocino Counties.

I am pleased to report that a dozen growers from Sonoma County attended and 3 growers and I provided testimony. Pete Opatz highlighted the many proactive efforts growers have taken to work with NMFS in order to improve the fisheries while preserving agriculture. Several speakers asked for the State Board to help by expediting permits for off-stream storage and to allow storage of water during peak winter flows for irrigation throughout the summer.

But potential take of threatened or endangered Salmonids remains an issue that will need to be addressed before the 2010 frost season. The recent take on Felta Creek this spring has again been attributed to vineyard frost protection that resulted in stream dewatering that killed Coho salmon. While State Water Board Chairman Charlie Hoppin denied NMFS request for enforcement action this year he made it equally clear we have one year to develop a plan for frost protection period. He was also very clear that we did not want ESA litigation to dictate our frost protection and fall irrigation needs.

Warning to Growers

NMFS and others will be watching stream flows during frost events this year. Especially in small watersheds where stream flows are low due to the drought, direct diversions from streams risk dewatering that could result in take of a Salmonid. Penalties under the ESA are severe. There can be criminal or civil charges for take. Criminal charges are $50,000 per incident and/or up to 1 year in jail. Civil charges are $25,000 per incident.

Looking Ahead

The Commission is participating with the ag subcommittee of the Salmon Coalition in an attempt to develop Best Management Practices (BMPs) with NMFS that would ultimately provide incidental take protection to participating growers under the 4 (d) rule of the Endangered Species Act. Even if those discussions are successfully concluded, take protection will not be available for the 2010 frost season. Regardless of rainfall frost protection, at least from direct stream diversions, will need to be addressed. We have asked the State Board for help by allowing off-stream storage, not only for frost but also for irrigation, so that water demands are decreased in the summer when stream flows are often critically low. But realistically, no new diversions are likely to be permitted and installed for 2010 frost season.

So what can growers do to protect their crops without take of an endangered Salmonid? Check weather records to determine the frost risk with temperatures below 28 F. If risks are low, wind machines may be an alternative or supplement to sprinkler irrigation. (Check www.sonomawinegrape.org for water conservation tips.) If directly diverting from a tributary to the Russian River, consider diverting to a reservoir and pumping from the reservoir rather than the stream or pump. Reservoirs could be recharged over a longer period of time after the frost event is over. And monitor the stream flows so you know if pumping is impacting flows. You may need to protect your 2010 crop with crop insurance if there is a risk of take in the stream. Be proactive to protect yourself and the fish!