But fishery biologist Peter Moyle of the University of California at Davis says the salmon restoration makes sense in a warming climate. The San Joaquin may be a refuge for salmon because the river's watershed taps the high Sierra. Snowfields above 10,000 feet are likely to remain a source of ice-cold water in spring, he says.

Friant representatives previously floated the idea of a warm-water fishery during settlement negotiations, but environmentalists insisted on salmon. Fearing uncertainty if they fought the settlement, Friant negotiators say they cut the best deal they could rather than face a court-ordered water loss.

Politically, Democratic Sen. Dianne Feinstein has shown no sign of backing off from the settlement legislation she spent considerable effort pursuing, in alliance with both Friant farmers and environmentalists.

"Without consulting the settling parties who continue to support the settlement ... the bill proposes to leave as much as 40 miles of the river without water," Feinstein and Democratic Sen. Barbara Boxer wrote House members.

Nunes, in turn, accuses Feinstein of being beholden to "radical environmentalists."

Legally, the 80-page settlement agreement appears at least somewhat resistant to the kind of change Congress is now considering. While the new legislation essentially would withdraw the federal government from the settlement, the agreement states "the settlement may only be modified in writing upon agreement of the parties."

"The legality of Congress overturning the court-approved settlement to restore the San Joaquin River is dubious at best," said environmentalists' attorney Hal Candee. "In any event, it is certain that this bill would lead the parties back to court, an outcome that neither farmers nor environmental groups want."

More information

San Joaquin River Restoration Program

Bee archive of stories on San Joaquin River restoration

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