This week’s DCP Environmental Planning Update includes:

• Adoption of a Mitigated Negative Declaration and Approval of Soil Collection Activities
• Announcement of Federal Environmental Review

Delta Conveyance Project Scoping Summary Report Now Available

By Allen Payton

What was planned as two tunnels beneath the California Delta to divert fresh water from north of the Delta to areas south, is now a single tunnel plan that is referred to as the Delta Conveyance Project (DCP). The state previously referred to the two tunnel project as the WaterFix.

Although the state Department of Water Resources (DWR) rescinded all approvals of the WaterFix twin tunnel project last year, the Delta Conveyance Design and Construction Authority continues engineering and geotechnical work on the single tunnel project under DWR’s supervision.

On May 2, 2019 the DWR announced it was taking formal steps to withdraw proposed permits for the WaterFix project and began a renewed environmental review and planning process for a smaller, single tunnel project that will protect a critical source of water supplies for California. Those actions implement Governor Gavin Newsom’s direction earlier in 2019, to modernize the state’s water delivery infrastructure by pursuing a smaller, single tunnel project through the Sacramento-San Joaquin Delta. The project will be designed to protect water supply reliability while limiting impacts on local Delta communities and fish. The actions also follow the governor’s executive order directing state agencies to develop a comprehensive statewide strategy to build a climate-resilient water system.

The purpose of the new DCP is “to develop new diversion and conveyance facilities in the Delta necessary to restore and protect the reliability of State Water Project (SWP) deliveries and, potentially, Central Valley Project (CVP) water deliveries south of the Delta, consistent with the State’s Water Resilience Portfolio [WRP].”

California Natural Resources Secretary Wade Crowfoot described it as “A smaller project, coordinated with a wide variety of actions to strengthen existing levee protections, protect Delta water quality, recharge depleted groundwater reserves, and strengthen local water supplies across the state” that “will build California’s water supply resilience.”

No Participation by Contra Costa County or Water Agencies

So, the effort to move fresh Delta water south, continues. But none of the water agencies in Contra Costa County are part of the DCA. They all either oppose or have chosen to remain neutral on the proposed tunnel in the face of almost complete opposition by county residents.

Instead, Contra Costa County is part of the five-member Delta Counties Coalition, along with Sacramento, San Joaquin, Solano and Yolo Counties all opposing the tunnel project.

However, there are four county residents who are members of the DCA’s Stakeholder Engagement Committee. Learn more about them, their opposition to the project and what they’re doing to limit and ensure the project mitigates any impact on county residents and businesses in Part 2 of this report.

The DCA participating state water contractors include the following agencies:

• Alameda County Water District (At Large)
• Alameda County Flood Control and Water Conservation District, Zone 7 (At Large)
• Antelope Valley-East Kern Water Agency (At Large)
• Coachella Valley Water District (At Large)
• Metropolitan Water District of  Southern California (2 Permanent Seats)
• Mojave Water Agency (At Large)
• San Bernardino Valley Municipal Water District (At Large)
• San Gorgonio Pass Water Agency (At Large)
• Santa Clara Valley Water District (Permanent Seat)

DCA officers serve two-year terms. The SWC At Large Director and Alternate Director represent all participating State Water Contractors without a permanent Board seat. Directors and Alternate Directors are determined by the participating State Water Contractors. In addition, the Joint Powers Agreement allocates a Board seat to Kern County Water Agency. This seat is currently unfilled as Kern County Water Agency has not joined the DCA

$11 Billion Price Tag Could Quadruple

According to Barbara Barrigan-Parrilla, Executive Director of Restore the Delta, “the $11 billion figure quoted for construction of the Delta Conveyance Project is dated and incomplete. The $11 billion figure is in 2018 dollars. In 2018, Metropolitan Water District claimed inflation for construction should be calculated at 5% interest annually. That puts the project over $12 billion today without all the mitigation measures discussed by the Design Construction Authority in stakeholder meetings with Delta community members. These externalized mitigation costs will be absorbed by taxpayers.

Before bond interest, and with externalized mitigation costs, inflation roughly would put construction costs closer to $20 billion. Bond interest generally speaking would double the cost to $40 billion. And if the state is going to make Delta communities whole and leave the Delta ‘better off’ than it is presently, additional billions of dollars would need to be spent.”

Latest Updates & Reports

This week, the DWR issued an update and scoping report on environmental planning for the single tunnel project.

DWR Adopts Mitigated Negative Declaration and Approves Soil Collection Activities

On, Thursday, July 9, 2020, consistent with the requirements of the California Environmental Quality Act (CEQA), the Department of Water Resources (DWR) adopted the Final Initial Study/Mitigated Negative Declaration (IS/MND) for soil investigations in the Sacramento-San Joaquin Delta (Delta). As part of the CEQA process, DWR also formally approved the action and adopted a Mitigation Monitoring and Reporting Plan (MMRP). Soil investigations will include data collection, soil samples and surveys in support of DWR’s efforts to better understand the region’s geology to support the future evaluation of potential activities, including the proposed Delta Conveyance Project. As identified in the Final IS/MND, any potential significant impact will be avoided or otherwise mitigated with implementation of mitigation adopted as part of the project approval process. To access a copy of the Notice of Determination and Final IS/MND, which includes responses to comments and the adopted MMRP, visit the Delta Conveyance Environmental Planning page on DWR’s website.

U.S. Army Corps of Engineers to Prepare an Environmental Impact Statement Under the National Environmental Policy Act

The U.S. Army Corps of Engineers (USACE) has informed DWR that it will conduct federal environmental review of the proposed Delta Conveyance Project. USACE, which has regulatory authority over certain actions within specifically defined waters in the United States, will prepare an Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA). Later this summer, USACE will issue a Notice of Intent officially announcing the start of preparation of the EIS. USACE’s letter to DWR can be found here.

Delta Conveyance Project Scoping Summary Report Now Available

The Department of Water Resources (DWR) has published a Scoping Summary Report for the proposed Delta Conveyance Project. This scoping report is a summary of the public scoping period that concluded in April. It includes all public comments received. The information collected during scoping will help inform the ongoing environmental analysis.
The scoping report includes: project overview, the purpose of scoping, a description of scoping activities, meetings, and notifications; a summary of public comments received and copies of all public comments received, including public scoping meeting transcripts.

The purpose of scoping is for DWR to gather feedback from the public and agencies on what to consider when preparing the proposed Delta Conveyance Project Environmental Impact Report. Specifically, DWR was seeking input on the range of project alternatives and potential environmental impacts to study further.

DWR will continue environmental review and analysis of the proposed Delta Conveyance Project, which is intended to maintain reliability of the state’s water system in the decades to come. For more information about the status of the environmental planning work, click here.

Upcoming Meetings

The next meeting of the Delta Conveyance Design & Construction Authority (DCA) Board of Directors will be held next Thursday, July 16 at 5:30 p.m. in the Tsakopoulos Library Galleria, 828 I Street in Sacramento (map). For details on watching and participating in the meeting online, click here.

Ways to Stay Informed

To stay informed of plans and progress on the Delta Conveyance Project visit https://water.ca.gov/Programs/State-Water-Project/Delta-Conveyance; Twitter @CA_DWR; email DeltaConveyance@water.ca.gov; or call the Project Hotline at 866.924.9955.

SACRAMENTO – The Department of Water Resources (DWR) today is taking formal steps to withdraw proposed permits for the WaterFix project and begin a renewed environmental review and planning process for a smaller, single tunnel project that will protect a critical source of water supplies for California.

Today’s actions implement Governor Gavin Newsom’s direction earlier this year to modernize the state’s water delivery infrastructure by pursuing a smaller, single tunnel project through the Sacramento-San Joaquin Delta. The project is needed to protect water supplies from sea-level rise and saltwater intrusion into the Delta, as well as earthquake risk. It will be designed to protect water supply reliability while limiting impacts on local Delta communities and fish.

This action follows the Governor’s recent executive order directing state agencies to develop a comprehensive statewide strategy to build a climate-resilient water system.

“A smaller project, coordinated with a wide variety of actions to strengthen existing levee protections, protect Delta water quality, recharge depleted groundwater reserves, and strengthen local water supplies across the state, will build California’s water supply resilience,” said Natural Resources Secretary Wade Crowfoot.

DWR Director Karla Nemeth took action today to rescind various permitting applications for the WaterFix project, including those in front of the State Water Resources Control Board, California Department of Fish and Wildlife, and federal agencies responsible for compliance with the Endangered Species Act. Documents related to these actions are available here.

DWR will work with local public water agencies that are partners in the conveyance project to incorporate the latest science and innovation to design the new conveyance project, and work with Delta communities and other stakeholders to limit local impacts of the project.

Assemblymember Jim Frazier (D-Discovery Bay), co-chair of the California Delta Legislative Caucus, issued the following statement today after the state Department of Water Resources officially withdrew its permit application to build the twin tunnels.

“It’s very encouraging that after all these years we are finally being heard by the Governor’s Office. The withdrawal of the permit application acknowledges that alternative solutions have been either overlooked or ignored. I look forward to working with the Governor and Secretary Crowfoot to build a comprehensive water plan that is a benefit for all Californians.”

SACRAMENTO – Assemblymember Jim Frazier (D-Discovery Bay) issued the following statement today after the Metropolitan Water District of Southern California’s Board of Directors voted to finance the majority of the proposed Delta twin tunnels plan, known as the California WaterFix:

“Californians deserve comprehensive 21st century water management solutions in light of climate change and more frequent and devastating droughts, not a decades old plan that creates no benefit and picks the pockets of hard-working people.

The vote by the Metropolitan Water District of Southern California shows that proponents of this project have been deceitful the whole time. There’s never been a “statewide” approach as they’ve claimed. It’s never been about sustainability but a foolhardy plan to overdraw the Delta to sell a limited and precious natural resource to the highest bidder.

This boondoggle uses antiquated methods for water delivery to degrade the water quality for all Californians and places greater burdens farmers in the Delta and Central Valley.

Just like the Colorado River Compact, this project is built on false pretenses of water availability. Met has already proven they are bad actors by overcharging San Diego for water many times. Given this history, my concern is Met may try to overcharge Central Valley farmers too.”

A press release issued Tuesday explaining their action, it stated, the board of directors of the Metropolitan Water District of Southern California voted today to provide the additional financing necessary to allow for the construction of the full California WaterFix project.

The board authorized $10.8 billion for the project to modernize the state’s aging water delivery system, making Metropolitan the primary investor in the project and more than doubling the agency’s initially planned investment to ensure the project is completed as originally proposed and studied.  “For decades, we have sought a solution to the problems of the Bay Delta, problems that put Southern California’s water supply at risk,” Metropolitan board Chairman Randy Record said. “We finally have that solution, California WaterFix. We simply could not jeopardize the opportunity to move this long-sought and much-needed project forward.”

WaterFix will be paid for by the people and businesses that use the water it helps deliver via the retail water agencies and cities that serve those customers. Metropolitan’s financing of the full project is expected to cost households on average up to $4.80 a month, though that average cost would be reduced as Metropolitan recoups some of its investments from the agricultural sector. Metropolitan will be selling or leasing capacity in the tunnels to allow water deliveries or exchanges for other parties.

About 30 percent of the water that flows out of taps in Southern California comes from Northern California via the Sacramento-San Joaquin Delta. But the Delta’s delivery system is badly outdated, its ecosystem is in decline and its 1,100-mile levee system is increasingly vulnerable to earthquakes, flooding, saltwater intrusion, sea level rise and environmental degradation.

Attempts to help the Delta have led to regulatory restrictions that have reduced water exports from the region. California WaterFix would modernize the state’s water delivery system by building three new water intakes in the northern Delta and two tunnels to carry the water under the Delta to the existing aqueduct systems in the southern Delta that deliver water to cities and farms.

In October 2017, Metropolitan’s board initially voted to participate in WaterFix and contribute up to 26 percent of its $17 billion cost, or about $4.3 billion.  But the majority of federal agricultural contractors who also import supplies via the Delta have yet to commit to investing in the project, leaving part of the project’s costs unfunded. In February, the state proposed building the project in stages instead–starting with two intakes and one tunnel, with a capacity of 6,000 cubic feet per second. An additional intake and tunnel would be added when funding allowed.

In today’s action, Metropolitan’s board chose between supporting this staged construction of the project or helping finance the full 9,000 cfs project all at once, with the hope of recouping the investment from agricultural interests once the project is completed. Staging the project also would result in potential permitting delays associated with the change in approach.

Under the staged approach, the cost of building one tunnel would be about $11.1 billion, with Metropolitan’s share of those capital costs coming in at $5.2 billion. The board ultimately voted to support building the full project all at once at an estimated cost of $16.7 billion, with Metropolitan’s investment at about  $10.8 billion in today’s dollars.

“Two tunnels better accomplishes WaterFix’s co-equal goals of improving the environment and securing supply reliability,” said Metropolitan General Manager Jeffrey Kightlinger. “With them, we’re better able to capture the high flows of big storms that climate change is expected to bring. We’ll better address the reverse flows that disrupt the Delta’s ecology. And we’ll have more flexibility to operate the water delivery system.”

Kightlinger added that investing in WaterFix does not change Metropolitan’s commitment to local supply development and conservation.

“This investment is just one part of ensuring Southern California and its $1.3 trillion economy has a reliable water supply in the age of climate change,” he said. “We need a diverse portfolio, including water recycling, storm-water capture, and increased conservation. We will continue to work hard and invest in those projects.”

The Metropolitan Water District of Southern California is a state-established cooperative of 26 cities and water agencies serving nearly 19 million people in six counties. The district imports water from the Colorado River and Northern California to supplement local supplies, and helps its members to develop increased water conservation, recycling, storage and other resource-management programs.