Wednesday, January 30, 2013

Stanford University sued over their Searsvill Dam property


Our Children's Earth Foundation lawsuit forced our city to clean-up its waste water collection system. 

Harming steelhead rainbow trout?
San Mateo County Times/Aaron Kinney, 1/29/13. "Stanford University sued for alleged Endangered Species Act violations at Searsville Dam."

Searsville Dam pictures
"Two environmental organizations filed a lawsuit Tuesday against Stanford University, claiming the school's management of Searsville Dam and Reservoir harms steelhead trout and violates the Endangered Species Act.  The suit alleges the dam prevents steelhead, a federally threatened species, from migrating farther up the San Francisquito Creek watershed, while Stanford's use of water from the reservoir for irrigation degrades habitat downstream of the dam by reducing water levels.   

Our Children's Earth Foundation and the Ecological Rights Foundation want to force Stanford to curb its use of water from the reservoir and implement a plan to allow the fish to get past the dam, either by creating a bypass or removing the entire structure. They also want Stanford to obtain an Endangered Species Act permit, which is required for any activity that harms a threatened or endangered species.

....  University spokeswoman Lisa Lapin said the lawsuit is unnecessary, since the school is already in the midst of a comprehensive study of Searsville, which the school acquired in 1919. A committee formed in 2011 to analyze the issue is expected to make recommendations by 2014. ....  Lapin also asserted that the university doesn't need an Endangered Species Act permit because it isn't harming steelhead.  "Stanford is definitively not in violation of the Endangered Species Act in its operation of Searsville Dam -- in fact, the creek is a thriving steelhead habitat," Lapin said."

Searsville dam was built in 1892
The National Marine Fisheries Service is in the early stages of an investigation into whether any violations have taken place. Stanford has dismissed the inquiry as a routine response to a citizens complaint. There many issues to consider besides the steelhead, Lapin noted. Since the dam was built in 1892, the reservoir has created wetland habitat that would disappear if the dam is removed. And the land beneath the dam has been developed, leading to concerns about flooding.  Federal law requires that an Endangered Species Act permit be accompanied by a planning document known as a Habitat Conservation Plan. Stanford completed such a plan late last year, but only after removing Searsville from consideration in order to study it further."   Read more. 

Related Stanford consideration Stanford University News/Kate Chesley, 4/5/11. "Stanford begins comprehensive study of Searsville Dam"  As a study of its future begins, Searsville Dam has been withdrawn from consideration as part of the university's proposed Habitat Conservation Plan. The historic dam, one of five on Stanford property, is considered important for irrigation, fire protection, habitat preservation, teaching and research. But sediment has greatly reduced its capacity." 

Related review and lawsuits - Review from National Marine Fisheries Services, aka: National Oceanic and Atmospheric Administration Fisheries, (NOAA Fisheries).  Lawsuits from The Ecological Rights Foundation, and  Our Children's Earth Foundation (Corporation).  Then there is the extreme view.  Matt Stoecker, conservation biologist, habitat migration barrier concern, goal to blow-up the dam, 7:11 minute video.

Posted by Kathy Meeh

4 comments:

Anonymous said...

Kathy

Is the picture on the left Searsville dam?

I remember when Searsville Lake was open to the public.

Dam removal is big right now.

http://www.sanclementedamremoval.org/

Kathy Meeh said...

Anonymous 9:35 AM, the picture on the left from Stanford University looks okay to me. Try the Searsville Dam pictures link on the article upper right.

And note, paragraph 4. "Since the dam was built in 1892, the reservoir has created wetland habitat that would disappear if the dam is removed. And the land beneath the dam has been developed, leading to concerns about flooding. Federal law requires that an Endangered Species Act permit be accompanied by a planning document known as a Habitat Conservation Plan. Stanford completed such a plan late last year, but only after removing Searsville from consideration in order to study it further."

Blowing-up dams is not always the right solution, because dams serve a water distribution/control (rather than flooding) purpose. Besides if the issue is the Steelhead trout, the University said it is not harming them. And if not exactly true, the Our Children's lawsuit mentions a possible Steelhead bypass remedy. US NOAA Fisheries is currently reviewing the entire ecological issue. (All this information is noted in the short article above.)

Of course, not all of these environmental paycheck lawsuits are frivolous. It seems an Our Children's Earth Foundation lawsuit prompted our city to create a solid sewer collection system repair and update plan. Nothing else did. Unfortunately, all the extraneous cost associated with the WWTP operation are paid by our property owners.

Anonymous said...

These lawsuits are being driven by Butch Larroche's BFF Brent Plater. You know, the guy behind the Center for Biological Diversity/Wild Equity or whatever they call themselves now. Used to be the lawyer for Earth First! I'm sure he'll just sue for the money, they seem to be big on losing, but getting paid just the same.

Anonymous said...

@1220 You lout! It's noble work they're doing...on the side of the angels...no shame in losing in such a righteous conflict.

And then there's all that money! And the adoring fans! The media coverage! Look Ma, I'm a star. Woohoo!