San Joaquin bypass settlement unites former foes
Sacramento Bee Monday, April 7, 2008
By Matt Weiser
A legal settlement announced Friday creates a new opportunity to build a major
flood bypass on the San Joaquin River, a solution that has been mired in
bureaucracy and infighting for decades.
The deal arises from a lawsuit filed by two environmental groups against River Islands, an 11,000-home development proposal on Stewart Tract, an island in the Sacramento-San Joaquin Delta near Lathrop.
The Natural Heritage Institute and Natural Resources Defense Council sued the developer and the state Reclamation Board in 2006, alleging that levee modifications approved for the project did not fully address the need for a flood bypass and the potential consequences of sea level rise.
The parties call the settlement more than a legal document. They say they have become partners to see the long-awaited bypass through to completion.
"We have established a fairly good working relationship which is only going to benefit everybody," said Susan Dell'Osso, River Islands project director. "We actually might get something done here that's pretty significant."
River Islands agreed to contribute $1.5 million to acquire land for the bypass during the first phase of development. That first phase includes 4,300 homes and 3 million square feet of commercial space. It also will donate 250 acres of its own land along Paradise Cut for the bypass.
It will contribute an additional development fee for the bypass of $500 per acre during the second phase, which includes 6,700 more homes and 2 million square feet of commercial space. It will also ask the U.S. Army Corps of Engineers to study the effects of climate change on the project area, and pay $400,000 in attorney's fees.
The plaintiffs agreed not to oppose the development.
The bypass likely will be located along Paradise Cut, which borders Stewart Tract. It would function like a smaller version of the Yolo Bypass on the Sacramento River: Water spills into the bypass during high flows, reducing flood depths throughout the region and providing valuable new wildlife habitat.
The project's benefits have been cited for decades in flood control studies. It remains a focus of ongoing research to make the Delta more sustainable in the face of flood risk, climate change and environmental degradation.
The bypass will need a lot more land and money. The parties hope other land owners and local governments get involved.
"By creating more room for flood conveyance, we're creating an opportunity to restore habitat in the river," said John Cain of the Natural Heritage Institute. "We agreed to put our disagreements behind us and work on something we both value."
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