NORTH DELTA WATER AGENCY
CONTACT INFORMATION:
North Delta Water Agency
3050 Beacon Blvd., Ste 203, West Sacramento, CA 95691
Phone (916) 446-0197 Fax (916) 446-2404
CALENDAR ALERTS
December 9 - NDWA Special Board of Directors Meeting, 3050 Beacon Blvd, Ste. 203, West Sacramento, 1:00 p.m.
December 18 - NDWA Special Board of Directors Meeting, 3050 Beacon Bld., Ste. 203, West Sacramento, 3:30 p.m.
LEGISLATIVE ACTIVITIES
Governor Signs Water Enforcement Legislation - A bill to increase enforcement powers of the State Water Resources Control Board was signed into law by Governor Newsom. AB 460 will allow the SWRCB to impose higher civil penalties for illegal water diversion.
Secretary of Water Appointed - Governor Newsom announced the appointment of Samantha Arthur as the Deputy Secretary of Water at the Natural Resources Agency (NRA). Since 2023 she has been the Assistant Secretary of the Salton Sea Policy at the NRA. Prior to working for the Administration, she worked for the Audubon California and served on the CA Water Commission from 2020 through 2023.
Governor Appoints New Deputy Director for SWP - John Yarbrough was appointed by Governor Newsom to serve as the DWR Deputy Director of the State Water Project. He has held several DWR positions since 1999, including recently serving as Assistant Deputy Director since 2019.
LEGAL MATTERS
Delta Tunnel Hearings Begin in New Year - The State Water Resources Control Board issued a Notice that it’s Administrative Hearings Office has scheduled public hearings for the water rights change petition for the Delta Conveyance Project starting on January 16, 2025. A pre-hearing conference will also be held on October 17th.
NDWA Files CEQA Lawsuit and Water Rights Protest on DCP - The Agency entered into a tolling agreement with DWR to extend the deadline for filing a CEQA lawsuit for the Delta Conveyance Project (DCP) Environmental Impact Report (EIR) to allow an opportunity for developing a settlement agreement. The deadline for filing a protest of the water rights change petition for the DCP is May 13, 2024. In accordance with the authorization of the NDWA board of directors, on May 13, 2024 the Agency’s legal counsel filed a CEQA lawsuit in Sacramento and a water rights protest with the State Water Resources Control Board (SWRCB) on the DCP.
Delta Organizations File Water Rights Protests and Injunction on DCP - In addition to the NDWA filing a water rights protest on the Delta Conveyance Project change in diversion point petition, a coalition of California tribes, environmental organizations, and fishing groups also filed their water rights protests. A coalition that includes Sacramento County also filed an injunction to prevent geotechnical drilling without an environmental analysis under CEQA. Oral arguments were heard by Superior Court Judge Stephen Acquisto on May 31, 2024.
Court Upholds Long-Term Water Rights Contracts - In a May 23, 2024 decision, the Ninth Circuit Court of Appeals upheld the validity of long-term Central Valley Project water rights contracts in the northern Sacramento Valley. In the majority decision written by Judge Sandra Ikuta, the court affirmed the district court’s decision and rejected arguments by the plaintiffs that the environmental review by federal agencies of the contract renewals were inadequate.
Water Rights Enforcement Debated - Downy Brand attorney, Rebecca Smith, participated on a panel discussing the State Water Resources Control Board’s water rights enforcement authority at the CA Water Law Symposium.
Civil Rights Complaint Filed Over Delta - A coalition Tribes and Delta Environmental Justice Organizations filed a civils rights complaint and petition for rulemaking with the U.S. Environmental Protection Agency (EPA) that seek to improve through-Delta flows to save fish species and prevent harmful algal blooms.
LATEST NEWS
DWR Releases Reports on SWP - DWR released the two most recent editions of Bulletin 132, that reports annual water deliveries, facilities maintenance, financial analysis, water quality monitoring, recreational opportunities, power resources, and other activities related to the State Water Project. The annual publication covers activities for the previous year and uses the financial data to calculate charges for the subsequent year.
Delta Fall X2 Salinity Zone Amended - Throughout September, the operators of the State Water Project and Central Valley Project have been implementing actions to decrease salinity and increase food availability to support the critically endangered Delta smelt in the Sacramento/San Joaquin Delta. These actions include increasing delta outflow to decrease salinity in the delta, also referred to as “Fall X2”, and operating gates in the Suisun Marsh to maximize suitable habitat for the endangered fish. DWR and the U.S. Bureau of Reclamation, working with federal and state wildlife protection agencies, recently agreed to modify fall flows for endangered Delta smelt fish species. Starting in October, the SWP and CVP will work with these fish agencies to implement gate operation in September and off-ramping in October to allow scientists to test hypotheses about the efficacy of the Fall X2 action. A coalition of environmental and fishing groups said the decision by state and federal officials to suspend the Delta Fall X2 measure this year poses an added threat for the fish thought to be nearing extinction in the wild.
Future of Delta Tunnel Funding on the Table - In December, the Metropolitan Water District of Southern California (MWD) board of directors will vote on whether to provide additional funding to continue pre-construction planning and permitting of the Delta Conveyance Project (DCP). The Department of Water Resources (DWR) has indicated it needs another $300 million to fund the State Water Resources Control Board (SWRCB) water rights petition hearing, certification of consistency with the Delta Stewardship Council, geotechnical drilling, and advancing project design beyond the conceptual level it has been stagnating at since its inception in the Governor Schwarzenegger Administration. If this last segment of funding for finalize permitting and design is secured, then water districts will decide in 2027 on whether to put up the full funding necessary to begin construction. MWD’s share is 47.2%, which is approximately $141.6 million for 2026 and 2027.
DWR Releases New DCP Operations Plan - The Department of Water Resources (DWR) has transmitted to the State Water Resources Control Board (State Water Board) an Operations Plan for the Delta Conveyance Project (Project) describing Project operations. The Operations Plan was prepared to assist the public in better understanding how the new north Delta intakes will be operated.
EIR for Long-Term Operation of SWP Released - DWR released a Draft Environmental Impact Report (EIR) analyzing the long-term operations of the State Water Project (SWP) in the Sacramento-San Joaquin Delta and Suisun Marsh. The deadline to submit written comments is 5:00 p.m. on July 15, 2024. There will be a virtual public meeting at 11:30 a.m. on June 18, 2024. The Draft EIR analyzed Surface Water Hydrology; Surface Water Quality; Aquatic Biological Resources; Tribal Cultural Resources; Environmental Justice; Climate Change Resiliency and Adaptation; Growth Inducement; and Cumulative Effects. DWR did not include operation of a new Delta Conveyance Project in the analysis. According to the EIR, there are no significant environmental effects anticipated on resources analyzed in the Draft EIR.
Strategy for State Water Project Released - The CA Water Commission recently released a brief risk informed strategic plan for the State Water Project – “Elevate to 28” – which highlights the Delta Conveyance Project as an important facility to get through climate change. DWR staff also did interview with Channel 10 about the plan, stating the tunnel project will protect against sea level rise, earthquakes, and even salt water intrusion – without harming fish or the Delta.
Long-Term Drought Plan for SWP - DWR released its first comprehensive long-term drought plan for the State Water Project which includes an assessment of more severe droughts and less reliable water supply. The plan outlines multiple actions to improve resilience, flexibility, efficiency, and capacity to the system.
SWP Delivery Capability Report Released - DWR released the draft 2023 State Water Project Delivery Capability Report which describes the key factors affecting the operation of the SWP and its ability to continue delivering water. Hydrological patterns are expected to intensify, with periods of high flows exceeding the capacity of existing infrastructure to capture it, and prolonged and more severe dry spells that will challenge operations and deliveries. The Bay Delta Update, Voluntary Agreements, and re-initiation of Consultation for Long-Term Operations have not been finalized and therefore were not included in the analysis.
Higher Price Tag for Delta Tunnels - DWR released new cost-benefit estimates and FAQ for the construction of the Delta Conveyance Project (DCP) that reveal the cost has increased by $4 billion since the last estimate was announced four years ago. Despite the rising price tag, DWR claims the benefits of the project still outweigh the $20.1 billion cost estimate. Opponents of the project maintain that the DCP is an expensive boondoggle that will imperil the ecosystem and Delta as place. Restore the Delta specifically claims the cost analysis failed to adequately recognize the effects on local communities, tribes, the Delta environment, and the state’s fishing industry. According to Dr. Jeff Michael, professor of public policy at McGeorge School of Law, disputes DWR’s assertion that the DCP is less expensive than desalinization project water. Congressman Josh Harder slammed the project for its intent to benefit Beverly Hills while harming the Delta in terms of lost farmland, unhealthy air quality, reduced water quality, and more detrimental effects. County Supervisors in the Delta Counties Coalition criticized the analysis for being based on unreasonable assumptions and expressed frustration with the state’s refusal to study alternatives to a tunnel.
December 9 - NDWA Special Board of Directors Meeting, 3050 Beacon Blvd, Ste. 203, West Sacramento, 1:00 p.m.December 9 - NDWA Special Board of Directors Meeting, 3050 Beacon Blvd, Ste. 203, West Sacramento, 1:00 p.m.
3050 Beacon Blvd., Ste. 203
West Sacramento, CA 95691
(916) 446-0197
Melinda Terry, Manager