Will renewable energy ruin an 'irreplaceable' Mojave desert oasis?

The BLM has called the Silurian Valley an "undisturbed, irreplaceable, historic scenic landscape." But now the federal agency is considering a proposal for two solar facilities amid the oasis

Highway 127 cuts through the landscape in the Mojave Desert, carrying tourists, campers and hikers to Joshua Tree and Death Valley. (Gina Ferazzi)

By JULIE CART
Los Angeles Times

In one of the hottest, driest places on Earth, velvety sand dunes surround dry lake beds that, with luck, fill with spring rains. Hidden waterways attract a profusion of wildlife and birds; submerged desert rivers periodically erupt in a riot of green.

The federal Bureau of Land Management describes the Silurian Valley as an "undisturbed, irreplaceable, historic scenic landscape."

Now, a Spanish energy firm is proposing a wind and solar project that would cover 24 square miles of the Mojave Desert oasis.

Iberdrola Renewables wants to build a 200-megawatt wind farm that would sprout as many as 133 turbines reaching heights of 480 feet. Next door would be a 200-megawatt solar facility with 400 pairs of photovoltaic panels. The industrial facility would operate around the clock and be visible from nearly every point of the valley.

If approved, the project would be the first major exception to the BLM's strategy of guided development across more than 22 million acres of California desert.

The BLM's approach aims to encourage development in less-sensitive parts of the Mojave. But the agency allows developers such as Iberdrola to apply for variances — critics call them loopholes — that let energy prospectors plant their flags just about anywhere in the California desert if they successfully clear hurdles designed to discourage building in environmentally fragile areas.

Iberdrola's experience will help developers determine whether the difficult process is worth their time and money. For environmentalists, it will be a test of the government's commitment to protect sensitive areas of the desert.

In its application, Iberdrola said the plants would create 300 construction jobs and about a dozen full-time positions once the facilities are completed. It would require building 45 miles of new roads, a new power substation and 11 miles of transmission lines to connect the site to the power grid. The two plants would generate about 400 megawatts of power.

There has been wide position to the project, which sits astride the Old Spanish Trail, a historic trade route managed by the National Park Service.

The U.S. Fish and Wildlife Service and California's Department of Fish and Wildlife have criticized its proposed location: a valley that serves as a crossroads for three major wildlife corridors and an important avian flyway. They warned that the long-standing migration corridors would be disrupted and wildlife would be injured or killed in the wind project's turbines or the solar project's superheated panels.

This lonely place is a tourist mecca too. The valley's volcanic mesas and creosote forests are bisected by Highway 127, a two-lane black ribbon that connects three jewels of Southern California: Joshua Tree National Park, the Mojave National Preserve and Death Valley National Park.

Mark Butler, who retired this year as superintendent at Joshua Tree, said energy developments in the desert must be smartly placed to protect sensitive ecosystems.

"I believe it would be a mistake to place this in the Silurian Valley," he said. "We need renewable energy — it's just about where it is and how we go about it."

Conservation groups, which have opposed variance exceptions, say the Silurian Valley is a poor testing ground for the process.

"They are proposing something that has such grave impacts, that benefits so few and harms so many and is opposed by so many," said David Lamfrom, the associate director of the California Desert program for the National Parks Conservation Assn., a nonprofit, nonpartisan organization.

Iberdrola representatives declined requests for an interview.

Some local officials have sent letters to Congress opposing the project, in part because they fear industrialization could mar the valley and deter tourists.

Le Hayes, who for 23 years was the general manager for the town of Baker, called the proposed energy plants the latest example of "the ongoing pillage of the desert, scraping off thousands of acres to generate electricity so the metropolitan areas can light their streets, big box parking lots, etc."

Proponents of the projects say the plants will become an engine for job creation in San Bernardino County, while others cite the need for more clean energy sources to combat climate change.

Siting renewable energy on public lands in the West is a priority for the Obama administration, which has pledged to generate 20,000 megawatts of power from federal land by 2020. There have been 375 applications for renewable-energy related projects in California since 2007, BLM State Director Jim Kenna said. The BLM has approved 18 applications.

The proposal comes as both solar and wind facilities are facing criticism over bird fatalities.

Three solar farms were examined in a recent report from the National Fish and Wildlife Forensics Laboratory. The investigation concluded that one of the plants was a "mega-trap" for insects, attracting birds that later died. The report described birds igniting as they chased after their insect meals and flew into the plant's concentrated solar beam. Workers at the site referred to the smoking birds as "streamers," according to investigators.

At the Ivanpah project near the Nevada border, investigators saw "hundreds and hundreds" of dead dragonflies and butterflies that had been attracted to the luminescence generated by 170,000 mirrors focused on a 450-foot glowing tower.

Other birds, the report said, died after striking photovoltaic panels or other structures. The report did not offer a definitive number of annual deaths, because investigators only observed the sites on a few occasions, but they collected more than 200 birds from 71 species.

BrightSource Energy, which developed Ivanpah, reports avian mortality to the California Energy Commission monthly and said investigators' estimates were greatly exaggerated.

When it comes to permitting renewable energy projects such as Iberdrola's, the BLM employs a carrot-and-stick approach.

To encourage companies to develop projects in less sensitive zones, it offers fast-tracked permitting and streamlined environmental review. The shortened process can take less than two years.

The stick comes down on companies seeking to develop outside designated areas, known as Solar Energy Zones. Those projects are relegated to the back of the line, and the companies must pay for costly environmental analysis.

Iberdrola is the first to use the variance process. Its development plan will have to pass muster on a 25-point review that examines potential effects on air and water, cultural resources, wildlife, parks and other conservation lands. Developers also must demonstrate that they have the financial and technical resources to complete the project. The projects' plans are open to public comment.

"It was always anticipated to be a rigorous process," Kenna said.

The variance decision for Iberdola's Silurian Valley project rests with Kenna, who said he will rule early this month. Should he deny the application, Iberdrola may appeal to the Department of the Interior's Board of Land Appeals.

Iberdrola originally had envisioned completing construction by this December. Three years after beginning the process, not a spade of dirt has been turned.

"Given the often-stated desire of the current administration to responsibly develop more renewable energy on the large amount of federally owned lands, the actual reality of the variance process they've initiated seems to be somewhat at odds with that desire," Iberdrola spokesman Art Sasse said in a statement.

Solar companies argue that the variance process is critical to allow industry to choose its own sites.

Environmental groups are watching to ensure that companies such as Iberdrola meet the strict requirements meant to protect natural treasures like the Silurian Valley.

"There was a high bar put in place and a lot of scrutiny," said Kim Delfino of Defenders of Wildlife. "We … very much feel this is a test for the BLM."

The park service has said the visual impact would be "significant, irreversible and likely unmitigatable."

Amargosa River bill will only affect California

By MARK WAITE
Pahrump Valley Times


During very wet periods, the Amargosa River can flow at the surface, as it did in Death Valley during the wet winter of 2005.

The passage in the U.S. Senate of the Omnibus Public Lands Bill of 2009, including the designation of wild and scenic river status for the Amargosa River in California, was like a dream come true for the newly-formed Amargosa Conservancy.

Across the state line, however, Nevada District 36 Assemblyman Ed Goedhart, R-Amargosa Valley, who has seen the influence of environmental designations like Death Valley National Park and Ash Meadows National Wildlife Refuge on water rights applications in Amargosa Valley, sees a possible nightmare.

Goedhart said a "wild and scenic river" conjures up images of people rafting through white water rapids in scenic national parks. The segment of the Amargosa River under wild and scenic river protection extends from four miles north of the Tecopa Hot Springs road, south to just past the Dumont Dunes access road crossing.

"Any time you want to make wilderness, national monuments, wildlife refuges, wild and scenic rivers, it's like dropping a pebble on a pond. These ripples go a long ways," Goedhart said. "It's an expansion of locking people out of not only public lands but also being able to utilize their own property and water rights, such as people in Amargosa Valley."

The legislation reminded him of the Death Valley regional groundwater flow model, which places limits on application for water rights. Goedhart said the area affected by that flow model would measure 20,000 square miles.

Amargosa Valley is being eyed up for solar power projects by companies like Solar Millenium and Ausra NV.

"When Death Valley was changed from a national monument to a national park, that now gives the National Park Service a buffer area where they can protest things being done outside the park borders up to 50 miles away. These types of things, they get increasingly difficult for people to utilize their land and water rights to attract capital, create wealth, produce payroll and pay taxes," Goedhart said.

Brian Brown, a founding member of the Amargosa Conservancy, which was formed as a nonprofit organization in September 2005, thinks those fears are overblown. Brown doesn't see any impact of the legislation across the state line. Instead, he sees benefits to the economy in the Tecopa-Shoshone area.

"Those small businesses that are surviving are doing it on tourism, and what we have to offer is the desert itself. It's a unique area. There's a lot of endemic plants and animals, and this will go a long way toward protecting their water source in that river," Brown said.

The lands bill is expected to be introduced in the House within the next couple weeks. The wild and scenic river designation was one of 160 bills in the Omnibus Public Lands Act introduced by U.S. Rep. Buck McKeon, R-Calif.

Brown said he met with the California delegation during a trip to Washington, D.C., in September, along with other residents of Inyo County.

"It's difficult to examine the scenario where this wild and scenic section might affect something 90 miles away in Beatty. It seems like a stretch," Brown said. "States control their water. That's their job. So this is in California, it's not in Nevada. The people in our area are looking forward to it. We look on it as an asset that will bring more tourism and travel to our area."

Brown said the conservancy is working with the state of California to cut a recreational trail down to the Amargosa Canyon from the China Ranch Date Farm he owns. A 17-mile hiking trail from Shoshone, Calif., to Dumont Dunes, part of it using the rail bed from the old Tonopah and Tidewater railroad, has also been discussed over the last several years, with kiosks, watch towers and other facilities.

"This legislation only affects federal land. It does not affect any private landowners' rights to their land," Brown said. "There aren't a lot of places in the lower 48 where you can get the vistas and quiet solitude like we have here. That has value. The truth is there are other values than an economic one, and those have to weigh into decisions on public land."

Brown said the public lands bill is an attempt to wrap up conflicts over wilderness study areas, enacted by the Desert Protection Act of 1994, which designated the Mojave National Preserve in a wide swath of desert from Interstate 15 to Interstate 40.

McKeon's legislation includes designating 11,000 acres in the Sierra Nevadas as a snowmobile area as well as wild and scenic river designation for places like Cottonwood Creek, just south of Lone Pine, Calif.

Brown said the legislation is written so there are seven different locations where off-highway vehicles can cross the Amargosa River.

The bill will also allow the U.S. Bureau of Land Management to measure the stream flow to prevent large diversions upstream that would lessen the flow through the wild and scenic section.

But Brown said that shouldn't affect users upstream since the Amargosa River doesn't have a lot of water.

Bob Haueter, deputy chief of staff for Rep. McKeon, said the water flow isn't sufficient on the Amargosa River to affect potential users in either California or Nevada.

"It has no impact in Nevada. It doesn't reach Nevada," Haueter said. "There can be no impact outside the area affected."