Show me the Water! Presentation

Join KMTG water law attorney Eric Robinson and adjunct professor Jennifer Harder at their upcoming presentation, "Show Me The Water! SB 610, CEQA & SB 221 Compliance Strategies for Development Projects & Urban Planning," sponsored by the Association of Environmental Professionals (AEP).  

The presentation is on Tuesday, June 25, 2013 from 8:00 a.m. to 12:00 p.m. at the West Sacramento Community Center.  For more information and to register, see here.  

Delta Stewardship Council Adopts Delta Plan And Proposed Implementing Regulations

On Thursday, May 16th, the Delta Stewardship Council adopted the final Delta Plan and the proposed regulations for the implementation of the Delta Plan, and certified the final Programmatic Environmental Impact Report for the Delta Plan. The Delta Stewardship Council is an independent agency established under the Sacramento-San Joaquin Delta Reform Act Of 2009 (Water Code, § 85000 et seq.). The Delta Stewardship Council is responsible for developing and adopting a Delta Plan that furthers the coequal goals of providing a more reliable water supply for California and protecting, restoring and enhancing the Sacramento-San Joaquin Delta (“Delta”) ecosystem. (Water Code, §§ 85054, 85300.) The Delta Plan must “include subgoals and strategies to assist in guiding state and local agency actions related to the Delta” and may also “identify specific actions that state or local agencies may take to implement the subgoals and strategies.” (Water Code, § 85300.)

The Delta Stewardship Council will now submit the package of proposed regulations and a Statement of Reason to the State Office of Administrative Law (“OAL”). If the OAL approves those documents they will be submitted to the California Secretary of State. If approved by that office, the proposed policies in the Delta Plan become enforceable regulations.

The final Delta Plan is available here, the proposed implementing regulations are available here, and the Programmatic Environmental Impact Report is available here.

Report Shows State's Significant Exposure To Flood Risk

On April 3, 2013, the California Department of Water Resources (DWR) and the U.S. Army Corps of Engineers released the public draft of California's Flood Future: Recommendations for Managing the State's Flood Risk. The draft report finds that $580 billion in assets are exposed to flood risk throughout the state, and 7 million Californians live in a floodplain. The report finds California is at catastrophic risk for devastating floods and flooding is a statewide problem.

The report includes seven strategic recommendations intended to inform local, state, and federal decisions about flood management policies and financial investments:

1) Conduct regional flood risk assessments to better understand statewide flood risk;

2) Increase public and policymaker awareness about flood risks to facilitate informed decisions;

3) Increase support for flood emergency preparedness, response and recovery programs to reduce flood impacts;

4) Encourage land use planning practices that reduce the consequences of flooding;

5) Implement flood management from regional, system-wide and statewide perspectives to provide multiple benefits;

6) Increase collaboration among public agencies to improve flood management planning, policies and investments; and

7) Establish sufficient and stable funding mechanisms to reduce flood risk.

The report is available through DWR's website.  There is a 45-day public comment period for the draft report.

State Water Project Allocation Reduced 5 Percent

The State Water Contractors issued a press release announcing that the California Department of Water Resources (DWR) has reduced this year's expected water allocations from the State Water Project from 40% down to 35% as a result of a record dry January and February, coupled with a grim outlook for rain conditions in March, and pumping restrictions that were imposed in December and January to protect Delta smelt and salmon. The press release states that recent pumping restrictions resulted in more than 550,000 acre-feet of water lost from the State Water Project and more than 300,000 acre-feet of water lost from the Central Valley Project – water that could have been stored and would have provided an important safety net during this record dry spell. DWR rarely lowers allocation projections. In fact, allocations have only been reduced 3 times since 1970.

"This reduction in allocations illustrates the need for water infrastructure that is flexible enough to capture supplies when they are available,” said Terry Erlewine, general manager of the State Water Contractors. “There is no way to predict the amount of rain and snow we will get each year, which is why it is vital that we capture water when it is available so we can save it for these dry spells. The Bay Delta Conservation Plan will provide this flexibility so water can be captured and delivered reliably to the 25 million Californians who rely on water from the Delta.”

For more information on this issue or other natural resource developments please contact Hanspeter Walter or the KMTG attorney with whom you normally consult.

 

 

Bureau of Reclamation Reduces 2013 CVP Allocations by 5 Percent

The U.S. Bureau of Reclamation today decreased the Water Year 2013 water supply allocations for the Central Valley Project, citing the extremely dry conditions in California.  Reclamation's announcement is quoted below:

Following a wet start to the water year in November and December 2012, the January – March period is tracking to be the driest on record, resulting in a critical classification for both the Sacramento and San Joaquin river basins based on the 90-percent exceedence forecast. Reclamation is announcing a decrease in the allocation for the following South-of-Delta water service contractors:

• Agricultural water service contractors’ allocation is decreased from 25 to 20 percent of their contract supply.

• Municipal & Industrial contractors’ allocation is decreased from 75 to 70 percent of their historic use.

The initial CVP allocation in February was low, based in part on pumping restrictions needed to protect threatened fish species under the Endangered Species Act; however, this decreased allocation for South-of-Delta contractors is based on the critical water year classification, the projection of reduced Delta inflows this spring, significant loss of reservoir storage to support pumping this summer and water quality permit requirements.

“We are facing a challenging water year, but we continue to look for opportunities to facilitate supplemental water supplies through water transfer and exchange programs and new arrangements that could lead to additional flows in the system,” stated Mid-Pacific Regional Director David Murillo. “We are exploring all options to assist in alleviating the serious impacts of these drought conditions.”

The decreased allocations have occurred despite recent actions being taken by Reclamation to help shore up water supplies.  Some of these actions include the completion of the Delta-Mendota Canal/California Aqueduct Intertie in May 2012 and the securing of water to supplement CVP supplies as a result of the Yuba Accord.

“Reclamation continues working with our partners to find a comprehensive, long-term solution to achieve the dual goals of a reliable water supply for California and a healthy Bay Delta ecosystem that supports the state’s economy,” Murillo said. “It should be noted that the successful completion of the Bay Delta Conservation Plan would include a new diversion and conveyance facility utilizing state-of-the-art protections for endangered fish species, which would improve water supply reliability even in years such as this, while improving environmental conditions in the Delta.”

For more information on this issue or other natural resource developments please contact Hanspeter Walter or the KMTG attorney with whom you normally consult.

Brown Administration Releases First Four Of Twelve Chapters of Bay Delta Conservation Plan

Today the administration of California Governor Edmund G. Brown Jr. released the first four of 12 chapters of the Bay Delta Conservation Plan (BDCP). The four chapters released today include:

• Introduction: background, planning goals, regulatory context, a description of the scope of the plan, overview of the planning process, and details of how the plan is organized.
• Existing Ecological Conditions: historic and current ecological conditions in the Delta.
• Conservation Strategy: biological goals and objectives and details of the 22 conservation measures.
• Covered Activities: activities for which permits will be sought from regulatory agencies as a result of project proponents agreeing to implement the components of the plan upon its approval.

The chapters released today can be viewed here. A public meeting to discuss these chapters is scheduled for March 20 from 1:30 p.m. to 4:30 p.m. at the Ramada Inn, 1250 Halyard Drive in West Sacramento.

Chapters to be released in coming weeks include those that describe:

• the effects of the plan on ecosystem processes
• plan implementation
• governance structure
• costs and funding sources
• analysis of alternative ways to minimize harm to protected species
• the role of independent science in the creation and implementation of the plan. 

The schedule for the BDCP can be viewed here.

For additional information regarding the BDCP please visit http://baydeltaconservationplan.com or contact Elizabeth Leeper or the KMTG attorney with whom you normally consult.

 

Governor Announces Appointments To State Water Resources Control Board

Governor Brown today made the following anouncements with respect to the State Water Resources Control Board:

Tam Doduc, 46, of Sacramento, has been appointed to the State Water Resources Control Board, where she has served since 2005. Doduc has held multiple positions at the California Environmental Protection Agency since 2000, including deputy secretary for environmental quality, assistant secretary for air and chemical programs, assistant secretary for agriculture and chemical programs and assistant secretary for technology certification.

Frances Spivy-Weber, 68, of Redondo Beach, has been appointed to the State Water Resources Control Board, where she has served since 2007. Spivy-Weber was a consultant to Los Angeles Deputy Mayor Nancy Sutley in 2006 and executive director for policy at the Mono Lake Committee from 1997 to 2006. She served as director of international programs at the National Audubon Society from 1983 to 1992 and legislative assistant at the Animal Welfare Institute from 1978 to 1982.

Governor Brown also announced the following changes to the State Water Resources Control Board, which will become effective upon the retirement of Board Chair Charles R. Hoppin in April:

Dorene D’Adamo, 52, of Stanislaus, will be appointed to the Board. D’Adamo has been senior policy advisor for Congressman Jim Costa since 2013. She was senior policy advisor for Congressman Dennis Cardoza from 2003 to 2012 and was legal counsel for Congressman Gary Condit from 1994 to 2003. D’Adamo was a visiting instructor at California State University, Stanislaus from 1992 to 1998 and an associate attorney at the Law Offices of Perry and Wildman from 1992 to 1994.

Felicia Marcus, 57, of Emeryville, will assume the position of Board Chair for the State Water Resources Control Board. Marcus has served on the State Water Resources Control Board since 2012. She was the western director for the Natural Resources Defense Council from 2008 to 2012 and was executive vice president and chief operating officer at the Trust for Public Land from 2001 to 2008. Marcus served as the regional administrator at the U.S. EPA Region IX from 1993 to 2001.

For more information on this development, please contact Hanspeter Walter or the KMTG Natural Resource attorney with whom you normally consult.