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What Yuba County Water Agency suit alleges

The Yuba County Water Agency's suit maintains the February 2012 biological opinion on endangered Yuba River fish runs has several problems, including:

• No consideration of how 28 million cubic yards of contaminated sediment stored behind Englebright Dam, runoff from hydraulic mining in the 1800s, would be dealt with if the dam is removed.

• Unreasonable timelines on how the Arny Corps of Engineers would comply with the "reasonable and prudent alternatives" such as removing Englebright and Daguerre Point dams.

• Gives the corps authority it doesn't have to remove the dams and otherwise dictate hydropower operations in the Yuba River watershed.

• Fails to consider whether the recommendations are feasible and consider their impacts under the National Environmental Protection Act.

— Ben van der Meer


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