Exporting water from the Mad River as proposed would bring a whole host of environmental problems, posing a danger to the Mad River and its estuary, Humboldt Bay, and points all along the coast that would be passed while the water is in transit. Many of these environmental problems are foreseeable, but given the untested nature of this proposal, there are undoubtedly many more that cannot be contemplated at this time.
As a result of excessive logging and gravel extraction, the Mad River currently suffers from severe degradation, and was recently listed as "impaired" under section 303(d) of the Clean Water Act by the North Coast Regional Water Quality Control Board because excessive temperature pollution prevents the attainment of its designated beneficial uses. 33 U.S.C.A. § 1313(d). Given the current degraded conditions of the Mad River, any additional impacts are significant and cannot be tolerated. This proposal would do just that, however, removing a substantial amount of water from a nine mile stretch of the Mad River and its estuary. Nonetheless, the Water District is attempting to disguise this withdrawal as a neutral or benign proposal, playing a shell game with semantics to claim the withdrawal would consist of "excess industrial" water. To the contrary, nature does not consider this water to be "excess industrial" water, as it currently flows down the river and into its estuary. The listing of the Mad River under § 303(d) of the Clean Water Act occurred while this "excess" water was not being withdrawn from the river. Thus, even with that quantity of water being left in the river, the water in the Mad River is considered impermissibly impaired under the Clean Water Act. It is beyond doubt that resuming the withdrawal of that water would further degrade water quality in the Mad River and cause other undue environmental effects.
The Mad River estuary is also seriously degraded today, although it provided critical spawning, rearing, and feeding habitat for a myriad of species not very long ago. Indeed, as recently as the mid-1980s, the river and its estuary supported thriving salmon and steelhead fisheries. The proposed water withdrawal would add to the negative impacts existing in both the Mad River and its estuary, impeding their recovery and otherwise harming numerous native species. These include many species listed under the federal Endangered Species Act, such as the coho salmon, chinook salmon, steelhead, tidewater goby, western snowy plover, and bald eagle. Many other species would also suffer harm, including the coastal cutthroat trout, green sturgeon, osprey, and numerous migratory birds. There is growing momentum to restore the Mad River and its estuary to a healthy state. This water bagging proposal would undermine and effectively preclude those restoration efforts.
Humboldt Bay also would be severely impacted. This is one of the most biologically important estuaries on the West Coast, hosting 141 invertebrate species, 110 fish species, and 251 bird species. More than two-thirds of the oysters harvested for human consumption in California originate in Humboldt Bay, and it is also heavily utilized for fishing, crabbing, water sports, and other activities that rely on clean water.
The proposal would put these resources at great risk, with oil spills and other potential impacts looming in the project proposal. Humboldt Bay is well known for being one of the most perilous passageways on the West Coast, regularly presenting extremely dangerous waters to shipping traffic. Two large oil spills have already occurred in just the last six years, both having profound negative impacts on Humboldt Bay and the species it harbors, including marbled murrelets, coho salmon, brown pelicans, and other species that perished in these tragic events. The proposal includes one shipment per day of 13.2 million gallons of Mad River water at all times of year, something that would be impossible to accomplish safely due to the rough nature of Humboldt Bay and the north Pacific's coastal waters. Despite the risks, the tremendous pressure to make the project cost effective would likely force the project proponent to operate at times when it is not safe to do so.
It should be remembered that the large 6500 horsepower tugs used in the water bagging operation would carry a great deal of diesel fuel. It is virtually certain that at some point heavy seas will result in one or more of these tugs being run aground or up on the rocks, and when that occurs a massive quantity of diesel fuel will spill into the Bay and coastal waters. Thus, even without throwing caution "to the wind," there is a great likelihood that this operation would cause an oil spill, and that is a gamble not worth taking.
The environmental impacts of the proposal would not stop there. For example, it would also have negative impacts on the geomorphology of Humboldt Bay, and runs the risk of creating a large underwater "explosion" if one of the giant "bladder" bags were punctured. Such an explosion would create a range of potential problems and would threaten to disrupt the natural balance of Humboldt Bay by suddenly introducing a massive amount of freshwater into its waters and creating other negative impacts.
