Department of Water Resources Announces 5% Initial Allocation for 2014

California's Department of Water Resources announced yesterday an initial 5% allocation of requested deliveries of Table A water to State Water Project contractors for 2014. 

This initial allocation for the 2014 water year is a significant decrease over last year's initial allocation of 30%, made in November 2012.  With the low rainfall and snowpack that followed, 2013’s final allocation only reached 35% of requests.  In contrast, the final allocations for 2012, 2011, 2010, and 2009 were 65%, 80%, 50%, and 40%, respectively.  The last 100 percent allocation was in 2006.

“We hope things improve with this winter’s storms, said DWR Director Mark Cowin in a Press Release, “but there is no guarantee that 2014 won’t be our third consecutive dry year.  Today’s allocation is a stark reminder that California’s fickle weather demands that we make year-round conservation a way of life.”

Low storage levels in the state’s major reservoirs are largely responsible for the low initial SWP allocation.  Lake Oroville in Butte County is at 41 percent of capacity (66 percent of its historical average for the date).  Lake Shasta north of Redding is at 37 percent of capacity (61 percent of average).  San Luis Reservoir in Merced County is at 25 percent of capacity (42 percent of average). 

A copy of DWR’s November 20 press release may be found here, and the notice to State Water Project contractors may be found here. 

DWR Increases 2013 State Water Project Allocation to 40 Percent

The California Department of Water Resources (DWR), which had previously announced an initial State Water Project (SWP) contract allocation of 30 percent on November 29, 2012, increased that allocation on December 21, 2012 to 40 percent.

Early season storms have been identified as responsible for the increase in DWR’s water delivery estimate. These early season storms have replenished reservoirs and deepened the mountain snow pack. 

Lake Oroville and Shasta Lake, the State Water Project’s and federal Central Valley Project’s principal storage reservoirs, respectively, are each measuring over 100 percent of normal for the date.  Additionally, the mountain snowpack held 93 percent of average water content for the date. 

The SWP allocation is expected to further increase as more winter storms roll in.

A copy of DWR's official notice to SWP contractors can be found by clicking here.

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

Related Stories:

• Department of Water Resources Announces Initial SWP Allocation for 2013

Department of Water Resources Announces Initial SWP Allocation for 2013

The California Department of Water Resources has announced an initial allocation of 30 percent of requested deliveries to State Water Project contractors in calendar year 2013.   This is not the final SWP allocation and it is almost certain to increase.  In fact, DWR's initial allocation – or water delivery estimate – is always conservative because it is made early in the storm season.   Because the state normally receives more than 90 percent of its snow and rain from December through April, the initial allocation generally increases as more storms bring rain and snow throughout the season.  A case in point is the series of heavy storms hitting Northern California this week, which should significantly increase water supply estimates.  DWR Director Mark Cowin stated “This week’s storms are giving us an early water supply boost, while at the same time putting our flood center on alert.”  Future postings will alert readers to DWR's updated SWP allocation estimates, which will take account of the water arriving in these storms. 

A copy of DWR's official initial SWP announcement for 2013 can be found by clicking here.

For additional information regarding this post, please contact Hanspeter Walter or the KMTG attorney with whom you normally consult.

California Department of Water Resources Finalizes Climate Action Plan

The California Department of Water Resources ("DWR") recently finalized and approved a Climate Action Plan ("Plan").  The first phase of this Climate Action Plan is a Greenhouse Gas Emissions Reduction Plan, which will guide State Water Project development and decision making with respect to energy use and greenhouse gas ("GHG") emissions. The Plan outlines how DWR will make substantial reductions in its GHG emissions in the near-term (present to 2020) and how it will continue to reduce emissions beyond 2020 to achieve its long-term (2050) GHG emissions reduction goals. To this end, the Plan lays out both near-term and long-term GHG emissions reduction goals to guide decision making though 2050.  DWR's goals are:

• Near-term goal—reduce emissions by 50 percent below 1990 levels by 2020
• Long-term goal—reduce emissions by 80 percent below 1990 levels by 2050

In order to meet these GHG emissions reduction goals, DWR has identified eleven GHG emission reduction measures that it will implement. These eleven GHG emissions reduction measures include DWR’s termination of its participation and associated delivery of electricity from a coal-fired power plant in Nevada, efficiency improvements to DWR’s existing facilities, purchase and development of renewable and high efficiency electricity supplies, comprehensive improvements to DWR’s construction practices, and improvements to DWR’s business activities.

In total, DWR estimates that these measures will reduce annual GHG emissions in 2020 by over 1 million metric tons and by over 2.5 million metric tons in 2050.

The DWR Climate Action Plan Phase I: Greenhouse Gas Reduction Plan and associated California Environmental Quality Act Initial Study and Negative Declaration were approved and adopted respectively by DWR director Mark Cowin on May 24, 2012 and were filed with the State Clearinghouse on June 1^st, 2012.  These documents and more information on the Plan can be found here.

If you have any questions concerning this topic, please contact Hanspeter Walter from our office, or the KMTG attorney with whom you normally consult.

State Water Resources Control Board and the California Department of Water Resources Weigh in on Area of Origin Debate

On June 5, 2012, the State Water Resources Control Board (“SWRCB”) and the California Department of Water Resources (“DWR”) filed a brief as amici curiae in support of affirmance of the district court in the pending Ninth Circuit appeal of Tehama-Colusa Canal Authority v. U.S. Department of Interior, et al., Case No. 11-17199.

As we previously reported (here, here, and here), the United States District Court for the Eastern District of California ruled in August 2011 that water users in the Sacramento Valley have no preferential right to delivery of Central Valley Project water under California’s so-called “area of origin” laws.

In the amicus curiae brief, DWR and the SWRCB make the following concluding remarks:

It is undisputed that the Tehama-Colusa agreed to a water delivery contract with the Bureau that imposed a pro-rata shortage provision and did not recognize any preference based on California’s Area-of-Origin Statute.  It is also undisputed that Appellant did not try to obtain a water right from the SWRCB, even if Appellant believes it had an Area-of-Origin priority by virtue of its contract with the Bureau. These facts alone are sufficient to affirm the district court’s order granting summary judgment in favor of the United States.

Appellant Tehama-Colusa Canal Authority must file its final appellate brief in Tehama-Colusa Canal Authority v. U.S. Department of Interior, et al., by June 28, 2012.  Oral argument will be scheduled following the completion of briefing.

If you have any questions concerning this topic, please contact Daniel J. O'Hanlon, Hanspeter Walter, or Rebecca R. Akroyd from our office, or the KMTG attorney with whom you normally consult.

Related Stories:

• KMTG Legal Alert: Sacramento Valley Farmers Have No Prior Right To Central Valley Project Water Under Area Of Origin Laws
• District Court Rejects Claims to Area of Origin Priority by Tehama-Colusa Canal Authority
• Tehama-Colusa Canal Authority Appeals Area of Origin Decision

California Department of Water Resources Increases State Water Project Allocation to 60 Percent

The California Department of Water Resources (DWR) announced today that it was increasing its State Water Project allocation to 60 percent.  In a notice to State Water Project (SWP) contractors, DWR stated that in approving the allocation increase, it considered "existing storage in SWP conservation reservoirs, SWP operational constraints such as the conditions of the recent Biological Opinions for Delta smelt and salmonids and the longfin smelt incidental take permit, and 2012 contractor demands."

For more information regarding this matter, please contact Hanspeter Walter or the KMTG attorney with whom you normally consult.

Related stories:
DWR Reduces 2012 Allocation to 50%; Reclamation Announces Initial 2012 Allocation of 30%
Department of Water Resources Announces 60% Initial Allocation for 2012

DWR Survey Shows State Snowpack Levels at 37%

Snow surveys conducted today by the Department of Water Resources (DWR) confirmed that the water content of California's snowpack is far below normal for this time of year. The water content is at just 37% of normal for February and is only 23% of the average April levels, which is usually when snowpack is at its peak. Snowpack levels are reported on DWR's Data Exchange Center.

DWR Director Mark Cowin said:

"So far, we just haven't received a decent number of winter storms. We have good reservoir storage thanks to wet conditions last year, but we also need more rain and snow this winter."

Near-record snowpack and heavy rains last winter provided carryover reservoir storage that can be used to help meet the State's water demands. Water levels at Lake Oroville, Lake Shasta and the San Luis Reservoir are all at or above average for this time of year. Reservoir levels are reported on DWR's Data Exchange Center.

As we previously reported, DWR's intial estimate is that the State Water Project (SWP) will be able to deliver 60% of the water requested by public agencies for 2012. However, the amount of water that is ultimately delivered will depend on hydrologic conditions over the next few months.

DWR's news release may be found here. A video depicting today's snow survey at Phillips Station may be found here.

For more information regarding this matter, please contact Elizabeth Leeper or the KMTG attorney with whom you normally consult.

Related story:

• Department of Water Resources Announces 60% Initial Allocation for 2012

Court Approves Stipulation Regarding CVP and SWP Operations in 2012

We recently reported that the National Marine Fisheries Service (NMFS), the California Department of Water Resources (DWR), and public water agencies filed a stipulation with the United States Eastern District Court that proposed modified Central Valley Project (CVP) and State Water Project (SWP) operations for the period of April 1 to May 31, 2012.

Today, the parties received notice that the Court has approved the stipulation, and adopted it as an order of the Court. A copy of the signed order may be found here.

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

Related story:

• Parties in Salmon Litigation File Stipulation Regarding CVP and SWP Operations in 2012

Central Valley Flood Protection Board Receives Public Draft 2012 Central Valley Flood Protection Plan

On December 30, 2011, the Central Valley Flood Protection Board (Board) received the Public Draft 2012 Central Valley Flood Protection Plan (CVFPP) and the December 2011 Flood Control System Status Report (FCSSR) from the California Department of Water Resources (DWR). Links to the draft plan and associated documents may be found here.

DWR will present and highlight key elements of the CVFPP to the Board at its regularly scheduled meeting on January 27, 2012, when the Board will describe its process for reviewing the technical documents and accepting public comments. The meeting agenda and meeting details may be found here. California Water Code requires DWR to prepare the CVFPP and transmit it to the Board no later than January 1, 2012 for adoption on or about July 1, 2012. The law requires the CVFPP to be updated every five years.

The Board invites public comments in writing. Comments may be submitted to the Board by e-mail (to nmoricz@water.ca.gov) or by mail:

Ms. Nancy Moricz
Central Valley Flood Protection Board
3310 El Camino Avenue, Room 151
Sacramento, CA 95821

The Board will meet again on February 24, 2012, when the public will be invited to make recommendations for where the Board should focus its review of the CVFPP prior to adoption.

For more information regarding this topic, please contact Hanspeter Walter from our office, or the KMTG attorney with whom you normally consult.

Parties in Salmon Litigation File Stipulation Regarding CVP and SWP Operations in 2012

On January 12, 2012, the National Marine Fisheries Service (NMFS), the California Department of Water Resources (DWR), and public water agencies filed a stipulation with the United States Eastern District Court that proposes modified Central Valley Project (CVP) and State Water Project (SWP) operations for the period of April 1 to May 31, 2012.

The stipulation describes the state and federal agencies' agreement to install a seasonal rock barrier at the head of Old River, near Lathrop, designed to keep salmonids from entering Old River, in the direction of the export pumps. The stipulation also includes more flexible guidelines governing permissible flows in Old and Middle Rivers and an increased commitment to acoustic tagging of listed fish to gather information on migratory patterns.

The parties filed the Joint Stipulation Regarding CVP and SWP Operations in 2012 (available here) in the Consolidated Salmonid Cases, Case No. 1:09-cv-1053, the case challenging the biological opinion that governs long-term operations of the CVP and SWP. In September 2011, the district court issued a memorandum decision finding the so-called 2009 Salmonid BiOp and its Reasonable and Prudent Alternative (RPA) arbitrary, capricious, and unlawful. A later order by the court indicated that parties to the case could present stipulations on project operations in 2012.

Because the judgment entered in the Consolidated Salmonid Cases remanded the 2009 Salmonid BiOp and RPA, without vacatur, it had the effect of leaving RPA actions in place, notwithstanding the court's finding that they were unlawful. Had the parties not agreed on modified operations for April 1 to May 31 of this year, RPA Action IV.2.1, which sets a San Joaquin River inflow-to-export ratio requirement for the same period, would likely have severely restricted CVP and SWP operations.

Concurrent with a press release announcing the stipulation (available here), NMFS also made public its "Summary of the Expected Benefits to Salmonid Survival of a Rock Barrier at the Head of Old River & Preferential Use of the Central Valley Project Export Facility" (available here). The summary describes the expected benefits of placing a rock barrier at the head of Old River, as well as an explanation of the adaptive range of Old and Middle River flows included in the plan for 2012 operations and the rationale for preferential diversion of water through the CVP facility rather than the SWP facility.

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

Related story:

• Court Finds 2009 Salmonid Biological Opinion Arbitrary and Capricious and Remands to National Marine Fisheries Services

DWR and EPA Release "Climate Change Handbook for Regional Water Planning"

Today, California's Department of Water Resources (DWR) and the U.S. Environmental Protection Agency (EPA) announced the release of "Climate Change Handbook for Regional Water Planning", a publication designed to guide water resource managers and planners as they adapt and navigate the complexities of climate change.

In announcing the release of the handbook, EPA Region 9 Administrator Jared Blumenfeld said:

Climate change will directly affect water supplies and how they are managed. With this guide, EPA is giving water agencies the practical tools they need to effectively manage this precious resource.

DWR Director Mark Cowin added:

Our scientists, engineers and planners are on the cutting edge of analyzing and preparing for the effects of climate change on our water supply. For example, climate change is considered in Integrated Regional Water Management (IRWM), one of our primary strategies for improving water management at the local, regional, and state level.

IRWM is a collaborative effort to manage all aspects of water resources in a region. IRWM attempts to address the issues and differing perspectives of all the entities involved through mutually beneficial solutions. Since 2002, California voters have approved $1.8 billion for IRWM planning and project implementation. The handbook uses the IRWM planning framework as a model into which analysis of climate change impacts and potential adaptation measures can be integrated.

The handbook also provides a checklist for identifying and prioritizing the vulnerability of local watersheds. The checklist includes questions about water demand and supply, wildlife and habitat, sea level rise, critical infrastructure, and hydropower.

The handbook includes:

• Advice on how water resource managers can take climate change into consideration
• A summary of climate change science with links to resources and tools
• Tools for evaluating greenhouse gas emissions for a project
• Tools for measuring regional climate change impacts
• Case studies of communities already incorporating climate change into water resource management

The handbook may be found here.

For more information regarding this matter, please contact Eric Adair or the KMTG attorney with whom you normally consult.

Department of Water Resources to Hold Hearings on Agricultural Water Use Efficiency Regulations

The California Department of Water Resources ("DWR") has adopted an emergency regulation and begun a public comment and hearing process on formal regulations to implement agricultural water use efficiency requirements established in SB 7, part of the significant water legislation package adopted in 2009.  The new regulations require most agricultural water suppliers providing water to 25,000 irrigated acres or more (excluding acres receiving only recycled water), as well as some that provide water to as few as 10,000 acres, to "measure surface and groundwater that it delivers to its customers" pursuant to certain accuracy standards.  The suppliers must retain measurement records and report certain information regarding the records in their Agricultural Water Management Plan updates.  DWR will accept written comments on the proposed regulations through September 6, 2011, and will hold hearings in Sacramento on August 24, and in Fresno on September 8.  More information is available here.

The new regulations are the first step towards implementing the SB 7 agricultural water use requirements.  Next, DWR will prepare and adopt regulations requiring water suppliers to adopt pricing structures for customers based at least in part on volumetric deliveries.  KMTG will continue to track the developments.

If you have any questions regarding the new regulations, or regarding Agricultural Water Management Plans in general, please contact Eric Robinson or Andrew Tauriainen, or the KMTG attorney with whom you normally consult.

Department of Water Resources Unveils Online Submittal Tool for Urban Water Management Plans

The California Department of Water Resources ("DWR") has unveiled its Online Submittal Tool ("DOST") for Urban Water Management Plan ("UWMP") updates.  The DOST website is available here and the online user manual is available here.

The Urban Water Management Planning Act requires urban water suppliers to submit their 2010 Urban Water Management Plan updates in both printed and electronic form.  While suppliers are not required to submit their electronic copies through DOST, DWR states that UWMP updates submitted through DOST will receive priority review.

The Urban Water Management Planning Act requires most water suppliers to submit Urban Water Management Plans and periodic updates.  The most recent round of updates was due July 1, 2011.  In 2009, the California Legislature enacted SB 7, which significantly altered the scope of the information required in most Urban Water Management Plans, particularly regarding water conservation measures.  Water suppliers that fail to submit required Urban Water Management Plan updates will be ineligible for many types of DWR water management grants and loans, and may be at risk of a lawsuit.  More information is available here.

If you have any questions regarding Urban Water Management Plan updates, please contact Eric Robinson or Andrew Tauriainen, or the KMTG attorney with whom you normally consult.