The Santa Cruz City Council took a big step Tuesday toward getting the salt out of ocean water and putting the water back into the groundwater table in an effort to preserve the fish that are so important to the area's economy.

In a special public session, council members voted unanimously to direct the water department to negotiate a Habitat Conservation Plan with the National Oceanic and Atmospheric Administration (NOAA), for decreasing city use of stream water by drawing more heavily on reservoirs, and to plan for the construction of a desalinization plant to offset reservoir use.

 Santa Cruz voluntarily began talks with NOAA in 2002 to bring the city into compliance with the Endangered Species Act. The city was in violation of the EAS, for killing and harming protected or endangered species, known as “take.”

“Take” in Santa Cruz watersheds results from the overconsumption of stream water, 75% of Santa Cruz's current water supply, and from soil erosion into streams, often caused by development and urbanization.

 The city could face legal injunction by the U.S. Attorney General, and civil or criminal charges from the U.S. government if it continues to violate the Take prohibition. Regulatory bodies have not begun any legal action because the city has been willing to discuss demands.

 The Santa Cruz city water supply could lose anywhere from 800 million to 1,600 million gallons a year, according to the Water Department.

 The Water Deptartment will now take its Habitat Conservation Plan to NOAA for approval, a process which may take two years. NOAA is lobbying for Santa Cruz to return its rivers to 80% of stream flow without diversions, by introducing a supplemental water supply.

 The city's Conservation Plan has two main parts; first the city would offset reservoir use with the construction of a 2.5 million gallons-per-day desalinization plant, which would cost $99 million and wouldn't be operational until 2015.

The plant would also likely increase in capacity, to 4.5 million gallons-per-day by 2030. NOAA has supported the DeSal plant, because it provides a water supply that can be used without drawing on stream water, or creating further disagreement between regulators and the city.

Secondly, the city would decrease diversion of stream water for consumption, and begin conservation efforts to repair river habitat. The city would decide its conservation efforts each year based on a “tier” system, which would indicate the practical ability of the city to improve fish habitat and stream levels.

 Tier 1 refers to the current level of conservation efforts, which are minimal. Tier 2 would indicate that the city was improving current fish habitats, and Tier 3 would significantly improve habitat and stream levels. The city aims to keep between 700 million gallons and 1,200 million gallons of water in streams during favorable Tier 2 and 3 years.

 The Water Deptartment would also create a fund for the mitigation of stream water consumption and take. The city would allocate $500,000 in Tier 1 years when high consumption threatens species, to $250,000 in Tier 2 years when less surface water is diverted. The money would be spent on habitat restoration projects directed by state and federal regulatory bodies, rather than the city.

 Until the city gains approval for its Habitat Conservation Plan from NOAA, it cannot receive an Incidental Take Permit; which would allow the city to continue to divert a diminished amount of stream water for use.

 The Water Department will negotiate with NOAA to determine the exact details of its Habitat Conservation Plan. A decision on the DeSalinization plant will not be made until a review of its possible environmental impacts is completed.