BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: SJR 3 Hearing Date: March 24,
2015
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|Author: |McGuire | | |
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|Version: |March 17, 2015 |
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|Urgency: | |Fiscal: |No |
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|Consultant:|Angee Doerr |
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Subject: Smith River watershed protection
BACKGROUND AND EXISTING LAW
The National Wild and Scenic Rivers System was created by
Congress in 1968 (Public Law 90-542; 16 U.S.C. 1271 et seq.)(the
Act) to preserve certain rivers with outstanding natural,
cultural, and recreational values in a free-flowing condition
for the enjoyment of present and future generations. The Act is
notable for safeguarding the special character of these rivers,
while also recognizing the potential for their appropriate use
and development. It encourages river management across political
boundaries and promotes public participation in developing goals
for river protection.
In the National Wild and Scenic Rivers System, Wild River Areas
are rivers or sections of rivers that are free of impoundments
and generally inaccessible except by trail, with watersheds or
shorelines essentially primitive and waters unpolluted. These
represent vestiges of primitive America. Scenic River Areas are
rivers or sections of rivers that are free of impoundments, with
shorelines or watersheds still largely primitive and shorelines
largely undeveloped, but accessible in places by roads.
California Smith River is part of Smith River National
Recreation Area Act, which was passed by the 101st United States
Congress in 1990 (Public Law 101-612). It amended the Wild and
Scenic Rivers Act of 1968 and permanently protected all federal
lands of the Smith River watershed within California by
establishing the Smith River National Recreation Area. However,
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the thirteen miles of the North Fork Smith River located in
Oregon were not protected as part of this Act.
The North Fork Smith River was designated as a National Wild and
Scenic River in 1988. Of the 13 miles of the Smith River that
flow through Oregon, 8.5 miles are designated as Wild, and 4.5
miles are designated as Scenic. The North Fork Smith River is
known for its outstanding water quality and for its ability to
clear quickly following storms. Low turbidity and lack of
pollutants contribute to the river's excellent habitat and high
fisheries value.
The North Fork Smith River's fishery, typical of Pacific coastal
systems, is dominated by trout and salmon. Winter steelhead and
sea-run cutthroat trout are the predominant anadromous species
on the North Fork. Some populations of coho, Chinook (both fall
and spring run), and summer steelhead are found in the lower
reaches of the river, primarily in California. The North Fork
provides seven miles of near-pristine steelhead spawning and
rearing habitat and is a significant source of the high-quality
water on which the anadromous fishery of the Smith River
depends.
PROPOSED LAW
This resolution would urge the President of the United States
and Congress, on behalf of the California Legislature, to
permanently safeguard the currently unprotected North Fork of
the Smith River watershed in Oregon from any mining activities
that would have potential impacts on water supplies, economies,
or the environment in California's portion of the Smith River
watershed.
ARGUMENTS IN SUPPORT
According to author, "[t]he Smith River watershed is considered
the crown jewel of the California Wild and Scenic Rivers system.
The Smith River watershed is in danger of future mining
activities which will unnecessarily put the people and wildlife
that rely on the Smith River at risk."
"SJR 3 would urge the Federal Government to permanent safeguard
the unprotected North Fork of the Smith River watershed in
Oregon from any mining activities that would have potential
impacts on water supplies, economics, or the environment in
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California's portion of the Smith River watershed."
ARGUMENTS IN OPPOSITION
None received
COMMENTS
Upstream mining risks . In 2012, Red Flat Nickel Corporation
submitted the Cleopatra Check Drilling Mining Plan with the
goals to develop and operate a 3,980 acre strip mine to extract
nickel, cobalt, and chromium in the watershed of the North Fork
of the Smith River in Oregon. The plan was submitted to the
Rogue River-Siskiyou National Forest. While this plan has not
progressed past the environmental analysis stage, the
corporation maintains ownership of the area, and future plans
may be forthcoming. There is significant scientific evidence
that strip or surface mining of laterite nickel ores results in
ecological disruptions, including the release of toxic heavy
metals, and would likely affect the health and quality of the
California Smith River watershed and its fisheries. In addition,
mining laterite nickel ores is extremely energy intensive, and
is widely known for resulting in extensive greenhouse gas
emissions.
SUPPORT
American Federation of State, County, and Municipal Employees
(AFSCME)
County of Del Norte
Earthworks
Friends of the Kalmiopsis
Friends of the River
Kalmiopsis Audubon Society
Native Fish Society
Planning and Conservation League
Save the Redwoods League
Smith River Alliance
Trout Unlimited
Wild and Scenic Rivers
OPPOSITION
None Received
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