The state officials, however, failed to produce complete evidence of that "patchwork" for a legislative hearing on the matter Tuesday. This angered state Sen. Mike Machado, D-Linden, who convened the hearing and expressed concern for the health of the Sacramento-San Joaquin Delta.

"I'm kind of upset," Machado said. "There was nothing presented today that would support compliance with the California Endangered Species Act. The conclusion could be drawn that (the Department of Water Resources) has been acting outside of its authority."

The species in question is the Delta smelt, a finger-length translucent fish that is found only in the Sacramento-San Joaquin Delta.

Because smelt live for only one year and are sensitive to salinity, they are considered an important indicator of the Delta's health. When the smelt struggles, experts say, it is a sign that water quality is out of balance and other wildlife struggles too.

Over the past year, the smelt has suffered a severe population crash that remains a mystery to scientists. The fish has been listed as threatened under the California Endangered Species Act since 1993.

Machado said the act requires the Department of Fish and Game to issue a "take permit" before the Department of Water Resources can kill threatened Delta smelt at State Water Project pumps near Tracy.

The pumps move water to Southern California farms and cities - a total of 3.2 million acre-feet last year. A single acre-foot is enough to serve an average family of five for a year.

Smelt often get caught and killed in the pumps, which reverse the natural flow of the Delta, subjecting smelt to hostile water conditions and exposure to predators.

The issue is getting more attention now because Delta water exports have reached near-historic heights in three of the past five years. This would seem to coincide with the smelt population plunge, but some experts say there is no evidence of a link, and many other factors could be to blame.

A take permit would set operating parameters for the pumps to minimize smelt deaths. It would also require DWR to perform restoration activities to atone for smelt that would still die unavoidably.

At Tuesday's hearing, state officials said those things have been going on in earnest for years, and a take permit might not improve the situation.

Machado called Water Resources Director Lester Snow and Fish and Game Director Ryan Broddrick to a hearing of the Senate Natural Resources and Water Subcommittee on Delta Resources, where he is chairman.

Broddrick could not attend. His deputy director, Greg Hurner, conceded that "we do not have a traditional permit" for the State Water Project to kill smelt.

Instead, Hurner said, that authority is vested in a number of agreements with DWR that ensure pumping does not harm protected species.

One of these, he said, is a Fish and Game "consistency determination," which found that a federal take permit for pumping operations also satisfies the state Endangered Species Act.

"Those agreements and continued collaboration have provided extensive resources to the conservation of Delta smelt," said Hurner. "There are few species that have had more money invested in their protection than Delta smelt."

Snow said that although a state take permit does not exist for smelt, he believes the fish are protected well under the current arrangement. Water exports, he said, are managed with almost constant input from Fish and Game to protect smelt.

However, Snow said he would like to have a state take permit because it would clean up the compliance paperwork. And he said DWR is taking a number of steps to clarify and improve its smelt protections.

"I think we would all desire to have it be much cleaner," Snow said. "Our compliance ... is in too many places, and we're on a path to change that."

Machado told the agencies to deliver evidence of their compliance with the state Endangered Species Act to his office by the end of the week. He plans to hold another hearing on the matter next week, and said he expects Broddrick to attend that hearing.

After that hearing, Machado may call for additional protections for smelt beyond the "patchwork" that exists now.

"The problem with a patchwork is, I think it clouds the transparency, and in clouding the transparency, it allows (water) exports to take precedence over protection of species," Machado said. "I believe the Delta is too much of a valuable resource to lose for the sake of exports."

About the writer: The Bee's Matt Weiser can be reached at (916) 321-1264 or mweiser@sacbee.com

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