Predictably, growers in the Westlands Water District challenged Babbitt's decision, resulting in Wanger's court order last May capping the flow at drought level. However, tribal spokesmen asked the order to be changed in light of better hydrological conditions on the river than were originally forecasted, resulting in a "normal year" classification.

"This additional release shall be made for fishery protection and restoration needs of the Trinity River, resulting in a total maximum release of CVP water to the Trinity River in the 2002 water year not to exceed 486,600 acre feet," stated Wanger's court order.

However, the judge provided that the US Bureau of Reclamation shall manage the release of the additional 100,000 acre feet of water "so that such release in no way adversely affects, any Central Valley Project power or water user, or CVP contractor at any time in the current water year or in the future."

A normal year provides for 647,000 acre feet of water to flow down the river for fishery purposes, whereas a critically dry year allows only 386,000 acre feet of water, a difference of 278,000 acre feet, according to Mike Orcutt, director of the Hoopa Tribe Fisheries.

"The court decision was a step in the right direction for fish recovery," said Orcutt. "Getting 100,000 acre feet more is better than if we had done nothing to challenge last year's decision."

However, he noted that it was "unfortunate that so much work went into pushing the Department of Interior to issue the Record of Decision" without the full benefits of the decision reaching the tribe and the fishery. "Congress mandated that the Trinity River be restored and we have been waiting for over 20 years for the implementation of this mandate," said Orcutt. "We're not giving up and the tribe will continue the fight."

The US Department of Interior had rejected a previous Hoopa Valley Tribe request that the Department return to court to get more water to flow down the Trinity while it waits for a environmental impact report process to be completed. Sue Ellen Woolbridge, Interior's Deputy Chief of Staff, wrote to the tribe that it would only support an effort to get a modified ruling accounting for the better water conditions this year.

The Trinity, the Klamath's major tributary, has significant runs of steelhead and king salmon that provide hundreds of thousands of recreation dollars to the local economy and a significant fishery for the tribes. In addition, endangered coho salmon also spawn in the Trinity River.

Hoopa Tribe Attorney Thomas Schlosser filed the motion in US District Court in Fresno on March 15 and the hearing was held on April 19.

"We wish that he followed the science on what the river's fishery requires and granted us the full normal year flows, 647,000 acre feet," he said. "However, this is still a 30 percent increase from last year's flows, a significant increase. It's the old story whether you look at the cup as half empty or half full."

"We're happy that the judge gave more water to the Trinity River, but we need to continue the pressure upon the government to make sure that the ROD is implemented," stated Troy Fletcher, executive director of the Yurok Tribe.

The trial on the original action that effectively tossed out the entire ROD and the 12-year Flow Study (which took 18 years) is scheduled to start on July 3, according to Byron Leydecker, president of Friends of the Trinity.

"Many dangers lie ahead for Trinity fisheries in the next several months and years," emphasized Leydecker. "For one year of more water, the risk is great for a regression to a 340,000 acre foot annual return for the next several years while the new EIS/EIR is being prepared. Meanwhile, the people supposed to be working on that will be working on preparation for the trial."

All of this benefits Westlands' approximate 300 corporate non-resident "farmers" greatly - including those growing cotton on 38 percent of Westlands' acreage at a water cost of $750 for $150 worth of cotton, according to Leydecker.

The ultimate solution to this problem is the removal of land from production in the Westlands Water District. Not only do these so-called "farmers" rip off the taxpayers for water subsidies, but they farm, in an unsustainable fashion, marginal land that never should have been irrigated.

The environment is hit by a double whammy - water is diverted from fisheries on the Trinity River, while irrigation waste water from these corporate growers pollutes the San Joaquin River, the Delta and San Francisco Bay.