Critics fault Army Corps designation of part of LA River

The Associated Press
06/05/2008

Environmentalists on Thursday charged that a decision by the U.S. Army Corps of Engineers fails to ensure federal clean water protections to the entire Los Angeles River.

David Beckman, an attorney with the Natural Resources Defense Council, said the decision to give a two-mile stretch of the upper river the designation of "traditional navigable water" means that tributaries upstream would be likely to get federal clean water protections.

Beckman faulted the corps for not making the same determination about the rest of the river.

"By not classifying a majority of the river as traditional, critics are saying the tributaries and seasonal streams that flow into it may not be as strictly regulated," he said. "The impact of that is that the river itself is going to be subject to greater pollution."

Corps spokesman Jay Field, however, said the entire river still has full federal protections.

"Making a portion of the river a traditional navigable waterway does not give it any more or less protection," he said.

The decision was prompted by the request of retiree Wayne Fishback, who was interested in buying land in the Santa Susana Mountains and wanted to see if it fell under the corps' jurisdiction. Fishback said he was trying to figure out if he could turn the land into a horse and cattle ranch, which may have been difficult if the nearby streams fell under the Clean Water Act. The first step in making such a decision is for the corps to determine where the nearest traditional navigable waterway is.

The Los Angeles River runs 51 miles. Much of it is lined with concrete to control flooding. It runs at a trickle much of the time, but can swell to a torrent during storms.