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.

 

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

KMTG Legal Alert: Development Project EIR Set Aside Due To Inadequate Water Supply Assessment, Deferred Mitigation

In Preserve Wild Santee et al. v. City of Santee et al. (--- Cal.App.4th ---, Fourth Appellate District Case No. D055215 [October 19, 2012]), the Court of Appeal for California’s Fourth Appellate District held that the environmental impact report (“EIR”) for a nearly 1,400-unit residential development project violated the California Environmental Quality Act (“CEQA”) because it failed to provide an adequate water supply analysis and improperly deferred mitigation for biological impacts. The court further held that not all EIR inadequacies require a project approval and EIR certification to be entirely vacated.

The decision in Preserve Wild Santee addresses a range of recurring CEQA compliance issues, like cumulative biological impacts involving listed species, deferred mitigation and the scope of judicial remedies when CEQA documents are found to be partially inadequate.  For a detailed summary of the  decision, please see the full KMTG Legal Alert here.

Ninth Circuit Heard Oral Argument in the Consolidated Delta Smelt Cases

On September 10, 2012, the United States Court of Appeals for the Ninth Circuit heard approximately an hour of oral argument in the Consolidated Delta Smelt Cases appeals, Ninth Circuit Case Nos. 11-15871, 11-16617, 11-16621, 11-16623, 11-6624, 11-16660, 11-16662, and 11-17143.  The lead appeal is also referred to as San Luis & Delta-Mendota Water Authority, et al. v. Salazar, et al.  An audio recording of the oral argument is available here.

The Ninth Circuit panel, comprised of Ninth Circuit judges Johnnie Rawlinson and Jay Bybee, and Eighth Circuit Judge Morris Arnold (sitting by designation), heard oral argument from Department of Justice attorney Robert Oakley (representing Federal defendants), Natural Resources Defense Council attorney Katherine Poole (representing the Natural Resources Defense Council and The Bay Institute), Best Best & Krieger LLP attorney Gregory Wilkinson (representing the State Water Contractors), Kronick Moskovitz Tiedemann & Girard attorney Daniel O’Hanlon (representing San Luis & Delta-Mendota Water Authority and Westlands Water District), and California Deputy Attorney General Clifford Lee (representing the California Department of Water Resources). 

The appeals are now under submission and the parties are awaiting the Ninth Circuit’s opinion. 

Related Stories:

Oral Argument Scheduled for Ninth Circuit Appeals in the Delta Smelt Consolidated Cases
Ninth Circuit Dismisses "Fall X2" Appeal for Mootness

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.)

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.