State Agencies Release Draft “California Water Action Plan”

On October 31st the California Natural Resources Agency, the California Environmental Protection Agency and the California Department of Food and Agriculture released a detailed draft “California Water Action Plan.” A final form of the plan is expected to be released in early December. 

In May, Governor Edmund G. Brown Jr. directed the agencies to identify key actions for the next one to five years that address urgent needs and provide the foundation for sustainable management of California’s water resources.

The draft plan identifies the many challenges facing California’s water resources, including: uncertain water supplies; water scarcity/drought; declining groundwater basins; poor water quality; declining native fish species and loss of wildlife habitat; flood risks; and, supply disruptions.

The plan focuses on ten key actions to address these challenges:

1. Make Conservation a California Way of Life

2. Increase Local and Regional Self-Reliance

3. Achieve Co-Equal Goals for the Delta

4. Protect and Restore Important Ecosystems

5. Manage and Prepare for Dry Periods

6. Expand Water Storage Capacity

7. Provide Safe Drinking Water for All Communities

8. Improve Flood Protection

9. Increase Operational and Regulatory Efficiency

10. Identify Sustainable and Integrated Financing Opportunities

Comments and questions about the draft plan may be submitted to wateraction@water.ca.gov

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.

Governor Appoints Retired Judge Frank C. Damrell To Delta Stewardship Council

Governor Jerry Brown has appointment retired federal district court judge Frank C. Damrell Jr. to the Delta Stewardship Council.  Damrell will fill the seat previously held by Felicia Marcus, who was appointed to the State Water Resources Control Board last fall.  The Delta Stewardship Council issued a statement quoting Council Chair Phil Isenberg as stating:  “Judge Damrell is a terrific appointment. He is smart, focused and knowledgeable. Having a member with federal judicial experience will add substantially to our base of knowledge. He has a distinguished judicial record with significant decisions on environmental, commercial, employment, anti-trust and civil rights matters. We look forward having someone of Judge Damrell’s stature on the Council."

 

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

 

Governor Announces Preferred Water Conveyance Alternative For Bay Delta Conservation Plan

On July 25, 2012, California Governor Edmund G. Brown Jr., Secretary of the Interior Ken Salazar, and National Oceanic and Atmospheric Administration Assistant Administrator for Fisheries Eric Schwaab announced a preferred alternative in the ongoing Bay Delta Conservation Plan (BDCP).

An overview of the preferred alternative is described in the San Jose Mercury News. Under the preferred alternative, two large, side-by-side underground tunnels, each 33 feet in diameter, would transport fresh water 37 miles from the Sacramento River, under the Sacramento-San Joaquin River Delta (Delta), to federal and state pumps at Tracy. Then, the water would flow into canals operated by the State Water Project and the Central Valley Project from the Bay Area to San Diego, to irrigate three million acres of farmland. The tunnels would cost an estimated $14 billion to build, and would be financed by farmers and other water users that stand to benefit from the project. The preferred alternative also focuses on restoring the Delta.

The preferred alternative’s conveyance facilities would rely on gravity flow to increase energy efficiency and decrease environmental impacts. The proposed total capacity of the water intake facilities was reduced from an earlier proposal of 15,000 cubic feet per second (cfs) to 9,000 cfs. Officials explained that the preferred alternative will be designed to help restore endemic species, protect water quality, and enhance the reliability of water supplied from the State Water Project and Central Valley Project.

All officials stressed the Delta’s ongoing problems, such as habitat loss, threats to levee stability, and reduced water supply. They indicated that resolving these issues required a balancing of economic concerns and environmental interests. Underscoring the need for reevaluating California’s current water system, Secretary Salazar stated, “Through our joint federal-state partnership, and with science as our guide, we are taking a comprehensive approach to tackling California’s water problems when it comes to increasing efficiency and improving conservation.” The comprehensive approach unveiled today includes consideration of science, conservation, governance, financing, adaptive management, sustaining Delta communities, protecting upstream water users, and improving water management State-wide.

The details announced today are not final and other alternatives will still be evaluated in the BDCP process. The agencies intend to issue a draft Bay Delta Conservation Plan and Environmental Impact Report/Environmental Impact Statement this fall. Once the proposed project is fully defined, it will be submitted for public comment, and review under the federal Endangered Species Act (ESA), California’s Natural Community Conservation Planning Act (NCCPA), and NEPA/CEQA.

Additional information regarding the proposed revisions to the BDCP is available here.  For further information regarding the BDCP, please contact Hanspeter Walter, Rebecca Akroyd, or Elizabeth Leeper, or the KMTG attorney with whom you normally consult.

(This blog post was drafted by KMTG Summer Associate Jessica Almendarez, with assistance from the blog editors.)

Legislature Delays Vote On $11 Billion Water Bond Until 2014

On July 5, 2012 California lawmakers voted to delay voters’ consideration of an $11 billion water bond for another two years, from November 2012 to November 2014.

The California assembly approved AB 1422, sponsored by Democratic Assemblyman Henry Perea, in a vote of 69-6.  The Senate approved the bill on a 34-2 vote.  Although Governor Brown has not yet signed the bill, he is expected to do so.

The Safe, Clean, and Reliable Drinking Water Supply Act, which would authorize the issuance of bonds in the amount of $11.4 billion to finance a safe drinking water and water supply reliability program, was initially scheduled to be put to voters in 2010.  However, in August 2010, former Governor Arnold Schwarzenegger signed legislation delaying it until this year.

If you have any questions about the water bond measure, please contact Rebecca Akroyd from our office, or the KMTG attorney with whom you normally consult.

Related Stories:

• Governor To Propose Reductions In $11 Billion Water Bond

Governor Announces New Appointments to the State Water Resources Control Board

On May 11, 2012, Governor Jerry Brown announced the appointments of Felicia Marcus and Steven Moore to the State Water Resources Control Board (“State Water Board”).

The State Water Board is responsible for water allocation and water quality protection in California.  While the State Water Board is permitted to contain five full-time salaried members, prior to the Governor’s announcement yesterday the board consisted of just three members: Chairman Charles R. Hoppin, Vice Chair Frances Spivy-Weber, and Tam M. Doduc.

Both new appointees are familiar with California water issues.  Ms. Marcus gained her experience with the Natural Resources Defense Council, Trust for Public Land, and the U.S. Environmental Protection Agency.  In addition, Ms. Marcus has been a member of the Delta Stewardship Council since 2010.

Mr. Moore, a civil and sanitary engineer, has served in multiple positions with the San Francisco Bay Regional Water Quality Control Board, and also has experience working as an senior engineer, environmental analyst, and biologist.

Both positions require Senate confirmation.  If confirmed, Ms. Marcus and Mr. Moore would each serve a four-year term.

In addition to the appointments of Ms. Marcus and Mr. Moore, Governor Brown announced that Charles Hoppin will remain chair of the State Water Board.  Mr. Hoppin has served as chair since 2009.

For more information regarding this matter, please contact Rebecca R. Akroyd or the KMTG attorney with whom you normally consult.