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.

February Snow Survey Shows Snowpack At 66% Of Average

On February 28, 2013, the Department of Water Resources ("DWR") issued a news release regarding the third 2013 snow survey.  The results of the snow survey show that snowpack water content is only 66 percent of average for this time of year, and only 57 percent of the average April 1st levels, when snowpack is normally at its peak.  In comparison, the first 2013 survey performed on January 2nd, showed snowpack at 134 percent of normal for that date.  The current low snowpack levels are a result of the "driest January-February on record (since 1920)" for the Northern California region.

The low snow levels are a concern for water suppliers and water users throughout the State, because snowpack--"often called California's 'frozen reservoir'--normally provides about a third of the water for California's farms and communities."  The news release states that "[f]orecasters note there could be a weather turnaround in March, but it is unlikely late-season storms will make up the water supply deficit."

DWR Director Mark Cowin stated that "[n]ear-record dry weather combined with pumping restrictions to protect Delta smelt are making this a gloomy water supply year[.]"  DWR "currently estimates that it will be able to deliver 40 percent of the slightly more than 4 million acre-feet of State Water Project (SWP) water requested for this calendar year by the 29 public agencies that supply more than 25 million people and nearly a million acres of irrigated farmland."  The last 100 percent allocation--"difficult to achieve even in wet years because of pumping restrictions to protect Delta fish--was in 2006."

Although snowpack levels are low, "most key storage reservoirs are above or near historic levels for the date thanks to November and December storms."  However, the San Luis Reservoir, "a critical offstream reservoir south of the Sacramento-San Joaquin Delta is only at 69 percent of its historic level for the date . . . because of Delta smelt pumping restrictions."

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

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

DWR Releases New State Water Project Delivery Reliability Report

The California Department of Water Resources (DWR) has released the final version of the 2011 State Water Project (SWP) Delivery Reliability Report.  The report is the latest in a series of reports that began in 2002, which report the delivery reliability of California's State Water Project, the largest state-built and operated water and power system in the United States.  The SWP provides at least some of the water consumed by 25 million Californians and used to irrigate about 750,000 farmland acres. Of SWP water deliveries, about 70 percent goes to cities and 30 percent to farms.

The newest report updates estimates of current (2011) and future (through 2031) SWP deliveries, taking into account pumping restraints to protect Delta smelt, salmon, and other fish species as well as variations in precipitation and impacts of climate change.  The perspective applied assumes no significant changes will be made to convey water past the Sacramento-San Joaquin Delta or to store the more variable runoff expected with climate change.

Due to increased public interest in pumping water from the Delta, a new chapter focuses specifically on SWP exports at the system's Harvey O. Banks Pumping Plant in the Delta. The report documents that the SWP continues to be subject to delivery reductions caused by fishery agency Biological Opinions intended to safeguard threatened and endangered fish.

While the report is very detailed and includes the results of extensive computer modeling, a few basic conclusions in the executive summary include:

1. Estimated average annual SWP exports under 2011 conditions are 12% less than the estimates made for 2005 conditions.
2. Estimated average annual SWP exports decrease 86,000 acre-feet per year (about 3%) between the existing- and future-conditions scenarios.

DWR also states that California's population has grown rapidly in recent years.  From 1990 to 2005, the state's population increased from about 30 million to about 36.5 million. Based on this trend, California's population could exceed 47.5 million by 2020.  By 2050, the population could rise to nearly 60 million -- virtually double the 1990 population -- according to trends cited in the 2009 Update to the California Water Plan.

The final 2011 State Water Project Delivery Reliability Report is available from DWR online here.

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

Final Snow Survey Shows Dry Winter

Today’s news release by the California Department of Water Resources (DWR) for the final 2012 snow survey confirmed that the State suffered a dry winter. Snowpack water content is only 40 percent of normal for this time of year, which in turn will result in below-normal snowpack runoff. Mark Cowin, Director of DWR, acknowledged that reservoir storage from the preceding wet year “will mitigate the impact of dry conditions on water supply this summer” but warned that the State must “plan for the possibility of a consecutive dry year in 2013 . . .”

DWR expects to deliver 60 percent of the approximately 4 million acre-feet of State Water Project (SWP) water requested by SWP contractors this year. According to today’s news release, this is “not an unusually low delivery projection, or allocation” and is largely attributable to last year’s unusually wet winter and resulting reservoir storage.

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

Related Stories:
California Department of Water Resources Increases State Water Project Allocation to 60 Percent
Bureau of Reclamation Announces Updated CVP Water Allocations
DWR Survey Shows State Snowpack Levels at 37%

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 Reduces 2012 Allocation to 50%; Reclamation Announces Initial 2012 Allocation of 30%

Two important announcements affecting millions of California water users were made today. The California Department of Water Resources (DWR), which had previously announced an initial allocation of 60 percent in November 2011, today reduced that allocation to 50 percent. And the Bureau of Reclamation (Reclamation) announced today an initial allocation of 30 percent to North- and South-of-Delta agricultural water service contractors, while Municipal and Industrial water service contractors are projected to receive 75% of their historic use.

DWR Director Mark Cowin said:

Stubbornly dry conditions this winter give us no choice but to roll back our water supply estimate. We continue to hope, however, that wetter conditions in the remaining winter weeks will allow us to boost deliveries back up.

Reclamation's Mid-Pacific Regional Director Donald Glaser added:

Hydrologically, 2012 is shaping up to be a challenging year. December – traditionally one of our wettest months – ended up being one of the driest on record and this pattern continues today. The good news is that we started the water year with exceptional carryover storage – 9.3 million acre-feet – and storage in our reservoirs now stands at 103 percent of the 15-year average. This storage is the foundation for this initial allocation, and with almost two months remaining in California’s rain season, we continue to hope for improved precipitation.

Today's announcements reflect the low precipitation levels experienced this year in California. As we reported earlier this month, the water content of this year's snowpack is well below normal, and major reservoirs are beginning to show the effects of the lack of rainfall. In November 2011, the State Water Project's (SWP) largest reservoir, Lake Oroville, was at 80 percent of capacity with 2,825,422 acre-feet in storage, or 130 percent of normal for the date. As of midnight yesterday, storage in Lake Oroville had been reduced to 2,543,581 acre-feet, 72 percent of capacity and just about 100 percent of normal for the date. The largest reservoir for the federal Central Valley Project (CVP), Lake Shasta, has fallen to slightly below normal for this time of year and is currently at 69 percent of capacity. Additional information reported by DWR on current water conditions in California may be found here. Reclamation reports water supply information for its Mid-Pacific Region here.

DWR's press release announcing the reduced allocation may be found here. Reclamation's press release may be found here.

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

Related stories:

• DWR Survey Shows State Snowpack Levels at 37%
• Department of Water Resources Announces 60% Initial Allocation for 2012

Department of Water Resources Announces 60% Initial Allocation for 2012

California's Department of Water Resources announced yesterday an initial 60% allocation of requested deliveries to State Water Project contractors for 2012.

This initial allocation for the 2012 water year is a significant increase over last year's initial allocation of 25%, made in November 2010. With the significant rainfall and a near-record snowpack that followed, 2011's final allocation reached 80% of requests. In contrast, the final allocations for 2010, 2009, 2008, and 2007 were 50%, 40%, 35%, and 60%, respectively. The favorable initial allocation for 2012 is relatively high due to carryover storage from unusually wet conditions last winter. Even a normal winter will significantly increase yesterday's 60% allocation.

"We are off to a promising start for next year's water supply," said DWR Director Mark Cowin. "We are cautious not to be overly optimistic, but last winter's near-record snowpack and rainfall promises that even average precipitation this winter should give us adequate supplies for our farms, cities and businesses."

Lake Oroville in Butte County, the State Water Project's principal storage reservoir with a capacity of 3.5 million acre-feet, is at 80 percent of capacity with 2,825,422 acre-feet held in Lake Oroville. That is 130 percent of normal for the date.

A copy of DWR's November 18 press release may be found here, and the notice to State Water Project contractors may be found here. More information about the State Water Project contractors, including links to their water supply contracts, may be found here. Additional information may be obtained from DWR's Public Affairs Office.

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.