Baker defends pipeline agreement

Cal Poly President Warren Baker, in a lecture Tuesday, defended the compromise struck with the Department of Water Resources (DWR) over the water pipeline scheduled to cut through Stenner Canyon.

Baker, in a rare campus appearance, and natural resources management department head Norm Pillsbury answered questions from students on the controversial pipeline being built in the canyon. "This is an unprecedented event, in that the DWR is allowing us to have an environmental monitor on the site, continually overseeing the construction of the pipeline," Baker said. Baker gave the impression that the DWR has never before left itself open to any talks on matters concerning state water.

Pillsbury said he is not sure who the monitor will be yet. It may be a graduate student under the supervision of biological sciences chair V.L. Holland, or even a neutral third party. The monitor on-site will have the authority to immediately stop construction if any of the protected trees or surrounding areas are threatened or damaged in any way. Baker said this concession by the DWR is a first in its history.

Cal Poly had prepared to file for a court injunction to stop premature construction on the site March 21. That action was avoided, however, after Baker received an apology from the DWR assuring that construction would not begin again until a final agreement had been reached.

In an agreement reached last Wednesday, the DWR will only remove roughly one-third of the 21 trees originally tagged for destruction. Despite declaring victory, Baker admitted that the best solution was not reached, because Cal Poly could not pool enough resources at the time the plan was originally drafted two years ago. Hindsight is good in this case," Baker said. "This all came about when funding for universities was going down, and we didn't have the foresight or the financial ability to put a team on it on a full-time basis."

Baker also said that even with all of the expertise and help given in the negotiations with the DWR by professors like Pillsbury, Cal Poly lacked good advice on construction costs . "We took their numbers on good faith," Baker said.

The total cost of the coastal branch of the state water pipeline is estimated at about $500 million, according to Pillsbury. The cost of rerouting the pipeline around the oak grove, by the DWR's estimates, would have been between $4-5 million.

Baker and Pillsbury both stressed the importance of local media relations in helping to achieve the goals established in the negotiations with the DWR officials. "The public reaction that came from coverage of the story allowed us to continue negotiations (with the DWR)," Baker said.

According to Baker, the DWR realized that people involved with the university were concerned over plans to remove ancient oak trees and the seeming disregard for the diverse ecosystem that exists in the canyon. As a result, the DWR opened up to negotiations with the university to save part of the area. Baker explained that because the area is state land, the university has no legal authority over DWR, and going through with an injunction to temporarily stop construction would have only hurt Cal Poly in the long run.

Although Baker said he is comfortable with the agreement, opposition to the compromise refuses to give up. Phil Ashley, biological sciences instructional support technician, questions why Cal Poly focused only on the oak trees in the canyon. "There are some beautiful California sycamores and laurels that are going to be destroyed," Ashley said. Administration just got down to talkin' oaks because that was what got popularized."

Ashley's concern is that equal treatment was not given to riparian habitats and creeks which the pipeline is going to cross. Ashley said there are other areas in the canyon that are being ignored which are even more important to wildlife than the areas containing the oaks. Another issue raised by Ashley is that the pipeline is to carry a highly chlorinated water, which is extremely toxic to plants and animals.

Enter the Canyon and Stream Alliance (CASA), created by Ashley in March 1995. CASA filed a lawsuit against the DWR around that time, accusing DWR of needlessly wrecking unadulterated land. The CASA lawsuit also accused DWR of violating the California Environmental Qualities Act for transporting chlorinated water. When it finally got to court the suit was quickly dismissed.

The pipeline will cross about 100 creeks and tributaries as it snakes through San Luis Obispo County, Ashley said. With no containment possible due to rough terrain, a leak or spill could be catastrophic to any ecosystem along the pipeline route.

"This is definitely not over yet," Ashley said.

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