'There it Is: Take it' Endangered Species and Water Management in the San Francisco Bay Delta

46 Pages Posted: 21 May 2007

See all articles by Michael W. Wara

Michael W. Wara

Stanford Law School

W. David Ball

Santa Clara School of Law

Abstract

This paper explores endangered species and water management in the San Francisco Bay Delta. Two endangered species, the Delta Smelt and the Winter-run Chinook Salmon, use the Bay Delta for crucial portions of their life cycle. At the same time, California's agricultural industry, as well as population centers to the South, require substantial outflows of Bay-Delta water. The paper explores the multi-jurisdictional regulation of the Bay-Delta's water, takes a hard look at the purported success of the Environmental Water Account (EWA) program, and reports on the tensions between scientists at regulatory agencies and the political appointees who oversee them. We conclude that the EWA has done very little for species preservation and an awful lot for agricultural interests.

Keywords: Endangered Species Act, federalism, water rights, environment

Suggested Citation

Wara, Michael W. and Ball, W. David, 'There it Is: Take it' Endangered Species and Water Management in the San Francisco Bay Delta. Stanford Environmental Law Journal, Vol. 26. Available at SSRN: https://ssrn.com/abstract=987544

Michael W. Wara (Contact Author)

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

W. David Ball

Santa Clara School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States

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