"Having been recently recognized by the California Environmental Protection Agency and both Governors Gray Davis and Arnold Schwartzenegger for exemplary sustainable development efforts, we are proud to now be viewed as less the problem and more a part of the solution," Katzoff explained. "We strongly encourage the NCPA to seek environmentally sound solutions to Trinity River Restoration."

The board decided to support Trinity River restoration, despite the testimony of a Northern California Power Agency (NCPA) representative claiming that the lawsuit was not hurting the river's salmon and steelhead fisheries.

In December 2000, former Secretary of Interior Bruce Babbitt signed the Trinity River Record of Decision (ROD), jointly developed by the federal government and the Hoopa Valley Tribe, to restore the Trinity. The plan allocates 47 percent of the river's historic flows to the fish and 53 percent to agricultural and hydroelectric users.

The Westlands Water District, Northern California Power Authority (NCPA) and SMUD immediately filed suit, blocking key elements of the plan. The lawsuit played a key role in the Klamath fish kill of 2002, since a court order blocked the release of cold water down the Trinity River that could have alleviated this environmental disaster.

The Hoopa Valley Tribe and conservation groups were encouraged by the vote. "We are beginning to see a pattern of support for the Trinity River," said Hoopa Valley Tribal Chairman Clifford Lyle Marshall. "Once political entities are made aware of how they are harming the Trinity River, they are choosing the environment over paying a little more for their energy."

"By taking this vote, the Port Commission shows that it supports a healthy Trinity River, and the Native American and other northern California communities that depend on it," said Spreck Rosekrans, an Environmental Defense Senior Analyst. "This action is consistent with the environmental and social justice values that the people of Oakland hold."

Rosencrans noted that the cost of replacing the power is only about $28,000. On average, the Port and other power customers will still receive about 92% of the benefits that they have historically derived from Central Valley Project (CVP) hydropower.

Tupper Hull, spokesman for the Westlands Water District, had no comment on the port's decision. However, he contended that Westlands had presented a settlement proposal to the federal government and Tribe that would accomplish the same thing as the ROD.

"Westlands made a fair and science-based settlement proposal that we believe will provide approximately 92 percent of the flows of all year types called for in the ROD," said Hull. "It provides the exact same fishery benefits - with slightly less water - as the ROD."

John Fistolera, spokesman for the NCPA, dismissed the significance of the Port's decision, noting that the litigation was "pretty far along" for any participant 's withdrawal to have a serious impact on the case. He also said the agency is "absolutely committed to Trinity restoration," as long as it includes "the broader interests" of river users.

The Hoopa Valley Tribe, U.S. Bureau of Reclamation and U.S. Fish and Wildlife Service rejected the proposal in October, saying that the proposal contains "no new science" that justifies setting aside the 20 years of science created to support the ROD.

SMUD withdrew from the lawsuit on May 15, while Palo Alto, a member of the NCPA, pulled out on June 2. Other litigants, including the cities of Alameda, Santa Clara, Redding, and Roseville, Bay Area Rapid Transit (BART) and Westlands Water District, remain in the lawsuit.

Alameda Power, the fifth largest NCPA buyer, hasn't taken a position yet. The Santa Clara City Council voted unanimously to support NCPA. The Roseville City Council decided in private session before its September 3 meeting to stay in the lawsuit.

A broad-based coalition of Indian tribes, recreational anglers, commercial fishermen, environmental groups and Northern California cities and counties has been fighting for over 20 years to restore the once abundant salmon, steelhead and other fisheries of the Trinity River. The decision by the Port of Oakland to pull out of the Trinity litigation needs to be followed by the withdrawal of BART and the other NCPA members - Alameda, Santa Clara, Redding, and Roseville.

"It's plain to see that as city leaders learn about this issue, they make the right choice - for river restoration," stated Craig Tucker, outreach director of Friends of the River. "I hope that as the leaders of Roseville and other NCPA members still in the lawsuit learn about the Trinity River, they make the right decision also."