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HomeMy WebLinkAboutMINUTES - 08022005 - C46 Contra Costa TO: BOARD OF SUPERVISORS = County FROM: TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE Supervisor Mary N. Piepho, Chair 0 Supervisor Federal Glover DATE: August 2, 2005 SUBJECT: REPORT ON SUBMITTAL BY SENATOR JOHN NEJEDLY (RET.) ON LEVEE AND WATER ISSUES SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1) ACCEPT Report by Senator (ret.) John Nejedly, as Chairman of the Concerned Citizens for Improved Quality Water (CCIQW), on levee and water issues. 2)AUTHORIZE Chair to sign a letter to Senator Nejedly thanking him and the CCIQW for their most informative and timely report, and responding with a description of current County policy and actions on these issues, as recommended by the Transportation, Water & Infrastructure Committee. FISCAL IMPACT There is no fiscal impact to the County from the abovementioned action. CONTINUED ON ATTACHMENT:A YES SIGNATURE RECOMMENDATION OF CO N ADMINISTRATOR x RECOMMENDATION OF BOARD COMMITTEE APPROVE T R 7SIGNATURES Su s r M ie o, ChairZSupervisor Federal Glover --- ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE 16 UNANIMOUS (ABSENT� AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Roberta Goulart (925) 335-1226) ATTESTED Dg o�-� cc: Community Development Department (CDD) JOHNS ETEfV, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR B , DEPUTY Board of Supervisors August 2, 2005 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS. Supervisor Uilkema as Chair of the Board, referred the attached reports authored by Senator John Nejedly(retired), as the Chairman of Concerned Citizens for Improved Quality Water to the Transportation, Water& Infrastructure Committee. The reports provide a wealth of information related to water management issues and delta levees. Senator Nejedly has provided the attached for county review, comment and action, as appropriate. This first document, entitled The Sacramento-San Joaquin Delta "Islands" provides a detailed delta and levee history, including the potential for purposeful flooding of delta islands as `reservoirs' (Delta Wetlands Project). The second document, The Delta Islands, Their Levees and Their Ominous Future, provides a more in-depth look at the problems we face today, with the levee failure at Jones Tract as a focus. The cycle of subsidence,the resultant need for continuous enlargement of levees, salinity intrusion (with a levee break), are described in context. The problems resulting from a levee break, such as the release of reservoir water to repel salinity(in some years this water is simply not available), and the need to shut down the south delta pumps are noted. The Senator describes a lack of leadership at CALFED, and the need for a more transparent, public process. Also mentioned is a short history of the Los Vaqueros Reservoir, and comment on the potential enlargement. EBMUD costs associated with its aqueducts in the delta, and aqueduct costs resulting from the levee break are noted. Senator Nejedly describes the need for a delta-wide earthquake analysis, noting that EBMUD is conducting one for the five islands that contain the aqueduct. The Senator calls into question the use and degree of use of public resources for a continuing levee problem, some of which is for private benefit(farming, etc), including the use of emergency funds for a "man-made disaster" situation, and requests some level of analysis and certainty in this (ongoing) process. Senator Nejedly comments on the fact that some of the highest quality water is used for high water-use crops, and calls for reassignment of some of this high quality water to public use. Finally, the Senator comments on the (recent) collapse of the fishery in the Delta, and provides news articles on this topic. Because of the large amount of information, coupled with the wide range of topics,this has been considered primarily as an information item. Information on levee-related issues is addressed in the accompanying TWI Committee levee report of the same date. ADDITIONAL BACKGROUND/COMMENTS Generally, in the past, the Board has considered use of California's limited water supply for high water use crops in California to be inappropriate., advocating supply for more water-efficient crops. The Board has also supported agricultural conservation activities or Best Management Practices for agriculture. Positions on this subject have not been put forward in some time; as an appropriate forum becomes available, the Board may wish to reiterate these positions. The Board has not taken a position relative to taking additional high-quality agricultural supply for M&I (Municipal & Industrial) use. Regarding. the recent severe decline in fish species; the County recently took a position supporting restored flows in the San Joaquin River. If this should move ahead, it will mean better quality water for fish in the river and in the south delta. In addition,the County has pushed for in-valley solutions to San Luis drainage, hopefully helping to avert significant selenium discharges into the delta and/or downstream. It is anticipated that as other projects/programs appear, the County, by direction of the Board, will continue this kind of support. Board of Supervisors August 2, 2005 Page 3 The County has historically supported CALFED, as the only solution to the many years of competing water uses and resultant`water wars'. Between budget questions and the collapsing fishery,the state-federal consortium is experiencing great difficulty attempting to manage such a complex ecosystem and water supply facility. Despite these problems, it is anticipated that CALFED will still be able to play this important role. CALFED, or the Bay Delta Authority (its name change for project implementation purposes), holds regular public meetings; there is a Public Advisory Committee, and subject-related subcommittees(levees,for example,which staff attends). Closed door meetings related to increases in delta water exports have been an issue; which may have prompted the Senator's comments regarding transparency in the public process. The County Board of Supervisors has not taken a position on the expanded Los Vaqueros Project; it is still in the early planning stages. However County staff attends meetings of the planning group on this proposed project. The Delta Wetlands Project (reservoirs on Webb Tract and Bacon Island; habitat on Holland Tract and Bouldin Island) has been considered for more than a decade. The County did not declare a position on this project, but rather hailed it as an innovative option, offering extensive comments on the environmental documentation several years ago. The Board of Supervisors Contra John Sweeten County Administration Building Clerk of the Board 651 Pine Street, Room 106 Costa and Martinez,California 94553-1293 County Administrator (925}335-1900 John Gioia,1st District County Gayle B.Uilkema,2nd District Mary N.Piepho,3rd District 50 �., Mark DeSaulnier,4th District Federal D.Glover,5th District �. =-`� . i psA .n August 2, 2005 ,ryA_COUI1�` Senator John Nejedly 400 Montecillo Drive Walnut Creek, CA 94595 To the Honorable John Nejedly: The Contra Costa County Board of Supervisors would to like to thank you and the CCIQW for providing us with your reports on the History of the Delta, the Delta (The Ominous Future) issues paper and the newspaper articles detailing the collapse of the fishery in the Delta. The reports provide a wealth of information related to water management issues and delta levees. These documents have been provided in a most timely manner, as we are dealing with many of the issues described in these reports, and will be wrestling with many of these very problems for some time to come. Generally, in the past, the Board has considered use of California's limited water supply for high water use crops in California to be inappropriate, advocating supply for more water-efficient crops. The Board has also supported agricultural conservation activities, or Best Management Practices for agriculture. Positions on this subject have not been put forward in some time; as an appropriate forum becomes available, the Board may reiterate these positions. The Board has not taken a position relative to taking additional high-quality agricultural supply for M&I (Municipal & Industrial) use. Regarding the recent severe decline in fish species; the County recently took a position supporting restored flows in the San Joaquin River. If this should move ahead, it will mean better quality water for fish in the river and in the south delta. Currently, because the fishery problems are so severe, a number of agencies and scientific organizations are closely examining the situation; we hope to have some direction on an appropriate course of action to help rectify this situation soon. It is anticipated that any action would include curtailed flows from the south Delta. In addition, for many years, the County has pushed for in-valley solutions to San Luis drainage, even taking legal action to prevent significant selenium discharges into the delta and/or downstream. It is anticipated that as other projects/programs appear, the County, by direction of the Board, will continue this kind of support. The County has historically supported CALFED, as the only solution to the many years of competing water uses and resultant `water wars'. Between budget questions and the collapsing fishery, the state-federal consortium is experiencing great difficulty attempting to manage such a complex ecosystem and water supply facility. Despite these problems, it is anticipated that CALFED will still be able to play this, important role. CALFED, or the Bay Delta Authority (its name change for project implementation purposes), holds regular public meetings; there are Authority meetings, there is a Bay-Delta Public Advisory Committee (called BDPAC), and subject-related subcommittees (levees, for example, which staff attends). Closed door meetings related to increases in delta water exports have occurred; it is not known if or to what degree CALFED was involved in these meetings. The County Board of Supervisors has not taken a position on the expanded Los Vaqueros Project; it.is still in the early planning stages. However County staff attends meetings of the planning group, monitoring this proposed project. The Delta Wetlands Project (reservoirs on Webb Tract and Bacon Island; habitat on Holland Tract and Bouldin Island) has been considered for more than a decade. The County did not declare a position on this project, but rather hailed it as an innovative option, offering extensive comments on the environmental documentation. The County has taken a very proactive role in consideration of the future of levees in the Delta, initiating the Delta Long Term Management Strategy (a sediment management plan, and regulatory streamlining process) for the Delta. We are also working very closely with the state Department of Water Resources on its Risk Assessment Strategy, and the Army Corps of Engineers on their levee studies. The present configuration of the Delta may change as a result of this work. We very much appreciate your continued dedication to these subjects, and we look forward to continuing to work with you on these critical problems. Please feel free to contact our staff, Roberta Goulart, at 335-1226 if you would like additional detail on these topics. Sincerely, 0 z Gayle B. Uilkema Chair, Board of Supervisors a Senator John A. Nejedly, Retired 400 Montecillo Drive Walnut Creek, California 94595 925-934-4559 June 6, 2005 EUP E WE JUN 7 2005 SUPERVISOR GAYLE B.UILKEMA Supervisor Gayle Uilkema CONTRA COSTA COUNTY County Administrative Bldg. 651 Pine St. , Room 108A Martinez, CA 94553 Dear Supervisor Uilkema: May I respectfully bring to your attention recent publicity evaluating the consequences of the Jones Tract Levee failure of a year ago. Reports relating to the incident are also enclosed as well and may be of assistance to you in determining your judgment as to the appropriate action necessary to terminate these continuing levee failures and their potentially catastrophic consequences. Thank you for your attention. Ver truly yours, John Nejedly Enclosures CONCERNED CITIZENS FOR IMPROVED QUALITY WATER THE SACRAMENTO.-SAN JOAQUIN DELTA "ISLANDS" John A. Ne j edly, Chairman Prior discussions concerning the Delta have provoked requests for a more detailed statement of the history of the Delta and the changes that have occurred since 1850 . This statement is prepared in response. Until the early 1850 ' s the present area of the Delta, that area roughly triangle in shape from Vernalis , the confluence of the Stanislaus and the San Joaquin, to Pittsburg to Sacramento and return, was a vast open area of long reaches with high winds, heavy wave action and ever-changing strands of earth and detritus deposited as water velocities decreased, forming myriads of meandering channels of varying depths with higher elevations of accumulated islands in between. While these earth and humus formations were largely transitory, wave and tidal action produced some infrequent permanent land masses above high water that were then slowly increased in size. For the most part, however, the area of . the Delta was intermittently under water either from sporadic high river flows of tidal action .which extended and still extends throughout the Delta, The principal vegetation was the tall perennial tule grass , the primary source of humus in the detritus forming the solid material in the Delta,. This rich alluvial and peat composite . attracted early farming interest beginning in 1851 , but this activity was quite limited in time to one grain planting after the . spring runoff and before substantial precipitation raised water level above the higher ground areas under cultivation, The richness of the soil, producing some 65 bushels to the acre, however, so enthused the early farmers, that efforts began to raise the periphery of partially emerged lands so that water intrusion could be prevented and more than one crop harvested. 2 i The first intensive activity commenced in 1858 and utilized the labor force of Chinese who had relocated to the delta area after their employment in the gold fields had ended. These laborers entered the higher Delta lands, cutting ditches above the water with long bladed serrated knives, depositing the excavated blocks of tole roots , detritus and soil on the water side of the excavation, filling the interstices with the fine alluvial sand found in shallow areas and then compacting the accumulated berm by trodding upon it. The first levees were only one to two feet high but were adequate to exclud'e the last of the spring runoff and the higher normal 'lows of winter. Prior to extensive planting f the areas now dyed offwE�rc, burned and allowed to burn tlower ower ground levels two to four f ee3t e ShLesp e'er e then grazed on the ashes , peat and soil and after sheep had partially compacted the soil 'to support their weight, horses with large foot pads were introduced 'to further consolidate the earth for 'planti.ng s interesting, too, is the tact that the continuous tread of our tractors was developed o the dolt ranch after the ex �erienc�es with the pads attached to Cite Horses hooves produ�:ed the Rol t farm tractor, later merged it ,r the ti�dL 1�...e L i i i.a t •.��L:L.:SIL c o r �r o=a p..n fir's Fal--ming in -L---he Delta thus became the new wealth of California as _J.mi ted free fresh water, a rich soil, and. a fair climate were combined to an incriedible agr t c u tura-1 bvunt-N.. The success of the first large scare reclamation attracted ria Wi t�i t4"..o L_II Lci L_M aIlu appii4:a i_u s Lor rec amat�.on pro3se, s t v ver t;c i a n u Vis ` r i o�t�Sf' �E �.r CL F s c Ems.. f o .L E iEiT[-'CA r •; Y ELl"_ aove.rnment had deeded l areae areas of the Delta to t-e State n T �'aJ_ J_n .a for the purpose of recta: yin � these lands for f arming. The sum of one dollar per acre was required of an i 3 applicant, twenty cents being paid upon application, all payments, less administrative costs , being returned on certification by the State that reclamation had been successfully completed within three years . Where several separate efforts to reclaim adjacent lands had been undertaken, cooperative action was encouraged by State legislation authorizing the formation of reclamation districts which were empowered to construct and repair levees and drain the interior areas financed by assessment end taxes . While hydraulic mining and consequent soil transport to the Delta q p had substantially supplemented materials for levee construction and improved their integrity, levee maintenance and repair became increasingly expensive. As the interior. lands were dried, burned and compacted, land levels in the interior became increasingly lower than the water levels in the adjacent channels. Consequently, the levees were built higher and wider and required constant attention. Cheap . labor being no longer available, large steam powered .clamshell dredges on barges were built in Oakland and San Francisco and brought into the Delta commencing in 1890, and remain the principal mechanical source of levee construction and maintenance today except that internal combustion power has replaced steam, This equipment reversed the first mechanics of levee construction that utilized landside excavated material to form the levee. Dredges dredged from the channel side of the levees depositing the excavated material on top of the levees and compacting the levees by construction of roadways on the levee tops, On some levees, abutting upon higher velocity channels, plants were introduced to consolidate the levees and in higher risk sections rocks and solid rip-rap was introduced on the water side of the structures. s r 4 The result of this activity presented new problems . As was previously pointed out, the natural Delta was a composite of small hummocks , some permanently above water level and a myriad of water channels of varying depths depending upon local velocities . The larger of these channels were navigable and were not subject to Swamp and Overflowed Lands Act reclamation. However, inspection of applications and final activities was never seriously undertaken and many natural deeper channels were filled and "reclaimed. " With the availability of .large clamshell excavation, the anatomy of the Delta changed dramatically as new channels could be created or old channels obliterated in short periods of time. From an aerial perspective, the act of filling natural deeper channels can still be seen today in sloughs which terminate abruptly adjacent to a "reclaimed" island and sloughs which begin and end in collective land masses forming lakes . The State Tidelands Commission in the second Brown Administration of the early ' 70 ' s began a review of this circumstance and questions were raised as to the validity of titles to lands that previously were navigable and thus not subject to "reclamations and remained. public property. Questions that could today -be raised anywhere in the Delta, but no serious effort .to clarify or terminate titles is apparently forthcoming. The - second problem created by mechanical dredging was the new utilization of material from the bottom of channels on the water side of the levees to create or repair them. Deep and wide channels were dug and are still being dredged to secure materials for the levees, creating artificial channels that are , in many cases , the main interior Delta channels today and taken as natural channels and hence public areas which many of them may not be as descriptions of lands "reclaimed, " extend within the area occupied by these navigable streams . 5 Descriptions of reclaimed lands were vague surveys and were not precise and survey markers have been obliterated by time--a circumstance further compounded by the fact that the lands physically reclaimed in many cases were determined by convenience and levee placement did not correspond to property lines , or' lands claimed in the applications . Any resolution of this maze of rights , errors and deliberate actions would create such a legal labyrinth that ultimately could only be resolved by quiet title actions, legislation or constitutional action. As the interior of the Delta islands dried, wind action , which at times is severe in the Delta, blew off the fine surface soils. In addition, the peat base of the Delta is decomposing and consolidating lowering the levees and the land surfaced in the island interiors. To protect the islands, th.e levees are continuously raised. As the relative differences in elevation between levee height and interior land surface increase, higher, wider and better protected- levees must be built. If the suggested greenhouse effect of the earth' s warming should occur, rising sea level obviously will acerbate the problem. Some islands today are twenty-one feet below sea level and when we remember that these "islands" were once at marginal sea level, we can better understand the problems of the future for these artificial structures. In this connection it is well to point out that the Delta land areas are called islands , yet they are the opposite of islands--the are bowls created and protected only by the thin wall of a saucer, the levees. A dramatic reminder of the 1 6 i potential of these circumstances is the fact that only since 1980 , seventeen "islands" have been flooded and one "island, " Frank ' s Tract--was partially flooded, and flooded again in 1938 , and then abandoned, being an open area in the Delta and an eloquent reminder of what the Delta once was and could easily become again , as it did in the devastating floods of 1871- 172 . The Delta islands , in the changing circumstance of resource management, today present a newly emerging potential that is an important part of the Delta inventory. As *was pointed out before, the Delta was once a vast lake of varying shallow depths, land hummocks of varying size and permanence and constantly changing water channels. The creation of Delta "islands" terminated this Delta pool, leaving a water mass only of intervening streams As water, particularly high quality water, becomes increasingly scarce and demand for it more . severe, these "islands" are being examined for a new resource--water itself. For example , if one island, with an area of 7000 acres , a maximum depth below high water of 21 feet and an average depth of 12 feet were made available for the project, water storage capacity of 84, 000 acre feet capacity would. be created. If the island were slowly flooded with high quality water during the winter and or spring runoff from the Sacramento River and the stored- water retained until summer domestic demand, and in multiple management with other reservoirs used for summer requirements, the following scenario may be considered. At $10 . 00 per acre foot that stored water would produce $840, 000 . At $100 .00 per acre foot, it would produce $8 , 400 , 000 . While $100 . 00 per acre foot appears unrealistic in light of the present costs of water to agriculture incident to state and federal water export projects, it should be i 7 kept in mind that those costs may be more critically re—examined as understanding of the facts that only subsidies maintain that circumstance and that water charges are far below delivered costs . In addition, island interiors may provide for the re-establishment of the grand flyway for migratory waterfowl they once were and/or as fisheries that could provide a food supply and recreational source not subject to the prohibition of consumption of the present Delta fishery by reason of toxic mercury consumption. If the times remaining after these uses permits , the one crop regimen that established the Delta as an agricultural resource of California, may be considered, the fish remaining being utilized for fertilizer. If reservoir use is to be anticipated, the lowering of interior Delta island land surfaces will abate as wind action and decomposition of lands then under water are largely eliminated, and the necessary wider and more protected levees may be areas �. Y P Y for residential use. However, as such stored waters are in direct contact with the porous peat soil of the delta, these humus materials are absorbed by these waters , which, when treated with typical chlorine treatment, produce. Trihalomethane,, a carcinogenic the pervasive presence of which in domestic water supplies is of increasing concern to public health officials . The Contra Costa Water District has determined that rapidly deteriorating .water quality in the Delta is no longer acceptable as an exclusive source of domestic water for its distribution system. Chloride . levels in low Delta inflow and summer months and other toxic contaminants, as the Delta has now become the ultimate sewage and water depository, agricultural, industrial and human wastes from the Sacramento and San Joaquin Valleys , i 8 have required the purchase of surplus 'water from the EBMUD at a cost of $160 . 00 per acre foot. That fact should suggest the reasonableness of the $100 . 00 per acre foot for Delta island water used here for discussion. Chafges for delivered tap water vary, but as both districts referred to have rate schedules above this amount for residential use, $1 .00 per thousand gallons is taken for furthur economic analysis of the Delta island water project. An acre foot equal s approximately 3 2 5 ,.0 0 0 gallons. At $1 .-00 per thousand gallons to the consumer, an acre foot would produce $325 .00 . If water were purchased at $100 . 00 per acre foot and sold after treatment and delivery sold for $325 . 00 per ace foot superficially, at least the suggested Delta island depository may suggest consideration. . Certainly treatment costs, reconstruction of Delta island levees, particularly' on the then exposed- land side of the levees, transportation costs resolution of water rights and other problems remain, but at $100 .00 per acre foot that one island could produce $8 , 400 ,000 in income annually. Interesting, too, is the further -return to the natural Delta circumstance by the introduction of fish, fish harvest and recreation fishing during the months of storage and utilization of fish not harvested for fertilizer for the crop to follow. As further thoughts, one may consider the additional prospect of fish not subject of the Department of Health Services interdict that presently limits the consumption of fish taken in the mercury contaminated Delta and prohibits their consumption by children under six and pregnant women, and the availability of these potential storage areas for reduction of flood waters in years of adnormal run-off. f 9 With such additional income, the Delta island could support the substantial costs of reconstruction and maintanence. I f the levee reconstruction extended to broad berms , residential utilization could be considered. Interesting - prospects for an area with so many changes in such short a period. The Delta islands are, today, an integral part of the Sacramento-San Joaquin Delta and estuarian system. The ecology of that system requires their presence. Without the islands, the Delta would be dangerous and inhospitable area by reason of high winds, waves and shifting shoals . With the islands in place, for man at least, the Delta, for the most part, is a benign protected area attracting increasing recreational use, provides the most productive agriculture in the world and for California, the single principal source of water. It has been a productive fish,ery, now largely emasculated by water withdrawals, altered natural flows and toxic contaminations , yet it remains a beautiful experience in its miles of meandering waterways, its isolation, its opportunities for visits to natural circumstance and its solitude, realizing that a bit of once was, still remains. The Delta presents such a complex of historical and present circumstance as to demand serious concern absent the usual emotional postures that attend any discussion. Environmentally, the Delta is no longer what it once was ,, It is ,, today, in an artificial state that can only be sustained- by artificial means. The general broad expanse of shallow waters and shifting lands above water level have been replaced by unnatural islands and unnatural deeper streams all created by man. The first agriculture of the area on periodically exposed higher lands with the farm population living in the tree tops of the sycamore and cottonwoods during the flood season has changed to a year-round 10 agricultural mode with interior lands protected by levees. Those interior lands are deepening with every year ,- as these surfaces are reduced by wind action, deeper subsidence occasioned by removal of gas from lower wells and eutrophication of, the surface soils . That deepening will continue so long as that continued exposure and agricultural activity continues . The Delta, instead of the vast lake it once was , is only a limited collection of interior streams . The "Delta pool" of 1850 no longer exists. The waters of the Delta do not offer the reservoir and the quality of water of even fifty years ago. If suggested -revised EPA standards for domestic water quality are to be taken seriously, the waters of the Delta today offer problems of toxic contamination and production of trihalomethanes after chlorine treatment that seriously affect its continued acceptance as a drinking water source or one that can only be utilized with substantially increased costs of treatment with new treatment processes, or utilized only at limited times of the year. Deepening of remaining channels and increased flows incident to state and federal pumping acerbate the problems of levee maintenance. Failure of any levee and inflow of adjacent Delta waters, particularly at a time of high tides and salt water incursion, produces the entry of higher salt content waters into the Delta generally and into the island the levee of which has failed. Cleansing of the Delta by subsequent fresh water flows requires time. Removal of the water and reconstruction of the levees are expensive, if salt water entry seriously affects the Delta, Delta water quality for export or for agricultural use is jeopardized, 11 Thus , attention to levees , recognition of their importance to water quality in the Delta, their potential to water management as reservoirs and their future as the preeminent agricultural, recreational, . fishery and water resource potential for the State, lies in the degree of attention we give to the Delta in an objective way to save what we have created, and what we desperately need to maintain., Source material has included sources from the library of the Department of Water Resources provided by Mr. Gerald Cox, the Bancroft LibrarYr and the DWR publication of August 1987, The Sacramento-San Joaquin Atlas. Concerned Citizens for Improved Quality Water � aa rRan Jo A. Neje&ly.L� Ch t a California Association of Sanitation Agencies Conference Napa, April 29, 2005 THE DELTA ISLANDS THEIR LEVEES AND THEIR OMINOUS FUTURE For many years, Concerned Citizens for Improved Quality Water, representing the cities of Central and Eastern Contra Costa County, maintained an information source on issues related to water management in California. Its most important activities were assisting in defeating the peripheral canal and supporting the Los Vaqueros Project of the CCWD and opposing the planning for a proposed destruction of the Los Vaqueros reservoir to provide space for a five- times larger reservoir for water export storage. Starting in a Senate Natural Resources and Wildlife Committee hearing in 1973 and remaining as current today as 32 years ago, CCIQW had prepared a more detailed report on the Delta levees. The reader is referred to that report for a more extensive review of the Delta "islands" which are now actually deep depressions periodically becoming lakes should levees fail with catastrophic effects on people and property, the environment and public-funds. At this time circumstances have arisen that a current report on the levee failure at Jones Tract should be prepared and made available to the public. Not only to renew the public interest that has been generated by recent hearings and excellent publicity provided by the news media and U.C. Davis faculty, but also to provide some observations that may assist the former members of CCIQW and the public in pressing for the new leadership and planning that will be required to resolve the issues and problems now so fully evident, including the absence of an authority representing the public interests through representative government, not secret meetings. Until the late 1850s, 700,000 acres of the Delta of the Sacramento-San Joaquin Rivers . was a vast level area from near Tracy to the area west of Stockton, to Sacramento, down to Pittsburg, and back to Tracy. It was a vast, largely unoccupied plain of rich alluvial and peat soil supporting large dense, intermittent growth of tule grass. While at first by only a few inches, surface soil intermittently arose above adjacent water levels. These protrusions were called "islands," a name that extends to today while, in fact, the areas are now huge bowls measured by"Rose Bowl" description and, if a levee fails, the "islands" become lakes and a part of the open waters of the Delta by drawing in water from the estuary and the Bay. After mineral exploitation in California had ended and labor was available, the rich soils of this level plain of the Delta were discovered as suitable for agriculture and after removing the impenetrable tule grass which, in decay, largely contributes to the material which composes the Delta levees today, farming in that very rich soil was commenced and has been found productive beyond expectations. At times, high water levels prevented more cultivation, and levees were built or heightened to keep the water off the farmed areas so that more time and more space became available for two crops a year. Trenches were dug at the perimeters of workable patches of drier land and cast on-the shallow water side as berms or dykes and later, as they grew larger, levees. 1 As the levees grew in size, additional surface soil from the "islands" was excavated to increase the height of levees, and their bases were widened to support the increasing levee size and weight. Each excavation in the islands to secure material for construction and maintenance of levees lowered the interior land level. Each act of husbandry, including tillage that pulverizes the loose peat soil (large portions of which along with the ashes of burning island debris), contributes to the lowering of island interior ground levels by simply being blown away to San Joaquin County in the strong Delta winds. This process is continuous every day, and the amounts of soil are spoken of in "Rose Bowl" quantity measurements today. Thus; as the interior ground level inside the levees lowers more and more below the exterior water levels, the-levees are required to be enlarged continuously as levee support from interior lands decreases as the ground level of the islands lowers. Today, that difference of outside levee water and interior ground level has reached 28 feet in some cases, creating immense bowls which now constitute the 470 square miles of Delta "Islands." These levee maintenance activities are performed by "Reclamation Districts," one for each of the "islands." The administration of Districts is by the owners of land within a District, and determination as to all the matters of levee maintenance activity is made by those who have to pay for the work, the land owners and state and federal public funding. The more spent for levee maintenance by the island owners, the'less remains on the bottom line. On June 3, 2004, a Jones Tract levee failed, bringing into the 12,000 acres of this Delta tract an instant flood of salty Bay water. This break could have occurred anywhere in the Delta where levees are present. Future breaks of varying consequence can occur at any place at any point in time. The inflow of salt water changes the Delta water ambiance from fresh to salt, requiring local environmental populations to seek upstream residence while others benefit from increasing salt content in their habitat. Recreational activity is reduced, salt water is brought to areas of the Delta bordered by residential use, and tourist attraction is lost or substantially reduced. All the waters of the Delta contaminated by the salt water inflow not only terminated service to the people of Southern California but required the release of thousands of acre feet of water from storage to replace the polluted Delta. All of this water is "wasted," and if storage water had not been available, the consequences would have been catastrophic. In the 1976-7 drought, stored water was not available. There are two circumstances present in water management in California that profoundly affect the primary interests present administration serves: It is difficult to accept these realities, for it is hard to believe they exist. Fundamental as they are, they must be understood and realized to be the primary sources of management from which the decisions are currently made and-even more important decisions are not made. On the adoption of the State Water Plan, water resources were directed to be managed by state agencies. In view of the location of the resource, Federal control was not considered appropriate when no part of the projects lay outside the State. The State agencies attempted to exercise the powers provided, but their decisions and actions were subject to judicial intervention, veto by the governor, budget inadequacies, and the resultant malaise of an unproductive staff whose work of years was cast.aside. 2 In the ensuing vacuum of leadership, the Federal water export agencies first assumed the regulation of their activities by formal agreement and later created an organization of its own constituents, CalFed, to provide management through, when convenient, private meetings with unabashed absence of representative government. Lack of leadership and direction in the CalFed organization led to the same result as that of the previous state agencies. This conclusion is drawn from evaluations of CalFed activity in CalFed responsibility for Delta levee discipline. The Press reported that a former CalFed Director had commented that Delta levees were not and are not being given a priority by the State and the CalFed process, levee restoration has lagged, our management system is broken, and if we don't do it, we're going to have disaster after disaster and that levees are a critical element in Delta planning. These reports established for the first time an honest objective statement of the current circumstances of water management in California. We must note as well that representative government is nowhere evident in water management today, which has been conducted in secret meetings unrestrained by Brown Act disciplines. Since 1935 the Federal-Govemment has declared as an essential element in the CVP, a large East County Contra Costa reservoir. The CCWD had plans to participate in the project to avoid constant pumping regardless of the then current Delta quality. When the water exporters abandoned this large reservoir project, CCWD undertook to construct its own, smaller facility of Los Vaqueros, which CCWD created and represented as being fully adequate to serve the needs of CCWD. The Federal agencies, the constituency of CalFed, approved the single use smaller project of CCWD. In fact, the consultants and approval agencies'repeatedly advised that the small CCWD only dam foundations be made larger to accommodate a larger facility if one should ever be desired in the future. Repeatedly,.these recommendations were rejected and the smaller, CCWD only darn, Lois Vaqueros, was built in a $450 million project and operated successfully in the Jones Tract levee failure when Delta sources were contaminated by salt water intrusion incident to the Jones Tract levee failure. After completion of the dam and its successful operation, the Federal export agencies, with CalFed participation and its elaborate publicity, decided to tear down the just built, smaller Los Vaqueros dam to build a larger dam for a larger reservoir for water export--precisely what had been recommended and declined when the dam was built. With this one experience, consider the planning and engineering competence with which water management is equipped and to which we are limited to look for solutions to levee failures and all the other incidents of water resource management. In the aftermath of the Jones Tract levee failure, the rate.payers of EBMUD alone are required to pay an estimated $5.8 million to recoat the aqueduct that had been submerged and is now exposed and over$110,000 in other repairs. EBMUD has paid $1 million a year to assist Reclamation Districts in the five "islands" upon which levee support is provided. This is but one example of the magnitude of costs and effects of present practices and of but one levee failure, which can be repeated at any time,just as the present Jones Tract is a repetition of a 1980 levee failure. Thus, others, including public agencies, suffer economic and other losses, such as temporary loss of Highway 4, when a levee break later occurs. 3 In addition, EBMUD, in order to determine the possible effects of earthquakes in the earthquake fault prone central Delta and the damage to the aqueduct support system, has prudently, at an estimated $39 million cost, undertaken to secure a report on the earthquake potential in the five islands that provide aqueduct support to determine what steps must be taken to minimize possible aqueduct damage. Unfortunately, the absence-of planning has limited that study to the islands with which EBMUD is involved. All the"islands" should have been included in this study as the Delta shows substantial evidence of seismic activity, but this is not properly an EBMUD responsibility, for earthquake potential evidence far removed may present the same effects as those proximate to the area of the aqueducts. In evaluating the economics of levee maintenance and levee failure, the potential cost of earthquake damage can only be determined by extending the EBMUD study to include the entire seismic activity area involved and a distribution of costs of the extended study established. One point has not yet been referred to in publicity. If extracting soil from the "islands"was for recovery of minerals, the activity and'its result would be completely compromised by existing control by Surface Mining legislation. Should an activity which creates the same damage be included in controls that strictly-regulate removing gravel, for example? Another point must be understood. In a circumstance of this importance and financial implications, politics will play its part. Public involvement in the decision process must replace the secret meeting of export agencies without public participation in the process. Absent publicity, public interest and participation, we are flying blind in any resolution of future anticipated repeated catastrophes experienced by the Jones Tract. Absent changes, the use of public financial resources simply will continue until an inevitable major collapse occurs, should that be an earthquake or concurrent levee failures, or even a similar levee failure. Where can the money for those enormous costs be found? In publicity to date; all the levees have been treated as identical. This is not the:case, and there are many differences that, if ignored, make a sound solution impossible. There should be an accounting, "island„ by "island," of past failures, the public and private costs, the social and economic advantages of an industry so close at hand and important, and the public funds which contribute to its maintenance. What are the economic circumstances of each island, and can the industry be maintained absent continuation of provision of public funds for restoration to conditions prior to levee failure? We must recognize that levees are not forever and that altematives must be sought and vigorously provided. Levees will continue to fail, with increasing public expense, emasculation of the Delta, and escalating damage to surrounding areas as developments put more areas in peril. The state now claims that assistance will be provided by Federal disaster relief funding. Guarantees are not evident. Furthermore, assistance, if any, is properly predicated upon relief of natural calamities not the result of known, anticipated and continued calamities caused not by natural events but by man in the pursuit of economic gain. The state also claims it will receive Federal Emergency Management Agency funds. To repeat, this is a man-created catastrophe, not an act of nature. Is an activity of serving personal interests proper? Should public funds'be provided beyond reestablishing public safety and public interest? Consider for a moment that public services, absolutely essential to an orderly society, are being terminated or reduced while public funds are diverted to resolution of levee restoration. Reconstituted, paradoxically, the area reestablishes the peril of another failure in an area producing two previous failures. 4 Where are our priorities? More important, in determining solutions to Delta levee failures, the certainty and extent of federal and state assistance should be identified and made secure long before the losses occur, and criteria qualifying losses for public funds must be established and met before public funds are provided. A long-term plan for the Delta's future must be established so that all those involved in Delta activities can be considered. If there were a purpose to destroy the environmental circumstances and attractions of the Delta in order to terminate any ardor to protect it, there would be no more successful means of accomplishing that purpose than to allow present circumstances to continue. If the failure of levees is allowed to continue, each occurrence the Delta ecosystem suffers is another deteriorating blow. Even one event occurring at a time when no storage water is available to flush out the salt laden intruding flows, the ecosystem cannot be restored until water is available. In addition, the export agencies can operate their facilities disregarding any responsibility or commitment to'protect the fishery. On Page 8 of the mandate of responsibilities of the California Bay Delta Act, action is limited to."levee system integrity." obviously there is no levee system integrity or there would not be these continuing levee failures. The levees in present circumstances cannot be the foundation for Delta security. Limiting the authority to manage and determine the future of the present levee system and no study of its alternatives obviously is a meaningless mission, as it leaves the community with the constant threat of repetition of the two Jones Tract failures and continued failures over the years of all 1,600.miles of levees in the Delta.. The responsibility of CalFed, over the last decade, to make available a complete. discussion of the circumstances of the Delta levees so that informed decisions can be made in the public forums have been ignored. The similar responsibility of the Bay Delta Authority has been ignored as well. The studies of the Corps of Engineers, the foundation for intelligent action, have never been acted upon nor supplemented by a complete statement of all relevant facts, including reference to considerations of the equities of the present farming operations. Ongoing levee failures will.necessitate the continuing diversion of desperately needed public funds for social responsibilities to restoration of levees persistently subject to failure. If the willful destruction of the reproductive process of the fishery is allowed to continue, the Delta ambiance as a fishery will continue to be destroyed. The responsibility is clearly evident. Retum management to the people through the initiative process and an authority that intelligently speaks to the public interest in the management of the Delta and the termination of further excavation of Delta islands that increases the risk of levee failure. Presently, the highest quality water in the state is provided for irrigation of alfalfa and other crops while the domestic market is directed to reclaiming sewage to supplement available supplies. This can no longer be tolerated. Alternatively, absent success in securing appropriate access to water through the Legislature, the domestic consumer may well consider resorting to the judicial process and equal protection under the Fourteenth Amendment as well as the initiative process. Public health and safety alone demand domestic access to the highest quality water available. Reassignment of high quality water to public use must be compelled. John A. Nejedly April 29, 2005 5 T H-E 4-A',11 ,11.T'I'M E:S W E D N.E S•D AT,•A.P R-I.L,4, 2 0:0 I `1,-:-T� RA TX B j; . .o. ....n-. ra = • vr s-srAFFWRIM s ! BYROV':._:;.:State-water :Pups sa { have wed•nearly�'tyles`lheu' y 1 , limit~,of tf e':Delta!s endati ;eyed chime nook:t ..and*ageneses c�haxg� with�proteccting the f 3h•have-yet to •turn:the-tip .ofd�as uir. . � state water pumps has remained Un .M. 19,848-win r 'I'he•ner of salmon b�- ch nook saiinon.have:died since Oc- in killed'b the-pumps has-slowed tober_atthe;stge's:�Banks gY PCPs . ;: -::.,mss somewhat,said Curtis Creel,chief nearBYr' of the State Water Project operatio* far more':than the"red: ght". 7,44 planning branch of the water're- so t et:mer agencies-Agreed could .this ear befo they sources department. . :� � 'Y � • viould=slt fdo�vvn'or�stio -the s: Creel said the-state cannot'-$Ibw .. ; P•• PSP down the pumps to Save-salmon•be- The unuaual�high,number of douse of flus' s young-MMon,krlowu:as smolt,that 3 tx� �- have died."their wvMstwt r+d:nu pliers.As it s ds,stacbe. are vnM gm iom has:east-.a.PaU-over:CaiFed's - � �30�of neje fEn�iro eiYtal�Wa�te r Account, nor-wally•get he said.w%lblre ill which'event•into-=effect.this year a'. r and'.there's. lime wa-.. ..V•._ N•1.� �M_r.....rw Some c' • 'ook AIfton.are also--per- ter supplies-avvMaMe,",Creef.said ishing:at.�the:federal'Central`-VaU4 Environm are--outt-aged. Projed.:: s:'%n.: hut:m�ost.of 1�y'the pump kHl.The winter-nm chi- ' nook salmon was on the Endan- the kUHs-'et the--:state•pumps:: The ;11N of gered Species Ust in 1993: fort auto *sWe��iid*.ted .:age it's obvioosiy a fundament col- fort � of the o �said t • �aies:anti:water users to:proteet-the tY proms, •Sac'ramei,ft—Zan,ONIuin. it De a Sill Jennings Stockton,thechair- man save endangered:fish.-and: m►an of the . Spares Fishing ecol maintain:drinkuig�'*atet Alliance.`Basically;what we have dehvenes lJnder tlie. botli.state and.' here is a dear 4 of the-law. federalwater'ag+snc=.agree to.cUttad The affiance is'considering.-legal PAPS to.allow: h#o s,av►itmaioward action to force•the:sfate:to�the the adea6vdhout.g i�gs =mhy. PCPs,Jennhigs added. the Iri qs— mer ups=-south sof the Dei: :reel aae•' =dual tothe: :of watear-tbat ldIav+e bei: -into thie'Yaquedut ..: The'! er-account held: acre=felt'this= a .:so :2 200 acre-feet wereA*W--.to.-- eIp winter- �i•.clunook-sabnnn�-.sta�,'.out •of .-ha mps:wap 4t the staWs.PttmPs. -Ndt:td d.ft wader in the 4=unt Was,•used`howev+e ,•.because fish- Av6CtY ..as the DV&Wjea of I ishf.and•.rsaine;*ahtted-.to'save sorae.far:i,�poarning:stxinmear months to-:help ocean-boundDelta smelt- avoid:pumps"as well,said Geis SpeAtcer,DepartimmE.-of Mater Re- sour�oes:Principal-eit&een umber•.:o ....Despite.*the:-n f..yo�g s iinon being.�ted,.puimpingit the bo 1 to v] a) 4-1 " Cd � II . w''>•.Q cd J-4 �..c � '0 p O 1 ••••, �'= O 4) O"O Jt a� �'dc, �,a:d �•."� �• a,cn .tit� C)-0 •� �'' Cd.p .Cn w O C �" f•" a ° ctS a bio CLQ...,�•'." a) ;!4 � a)„� a " Rt U to ,�,+L7 Z 0 •��' a)• 'i•i j, 1ima4��i}���.yiw!'.'•.'+-r t r ` 1'�:rt.r.jf;j.f:i�'i1r.;;gH•r•fi't'}r r:tr.•.�:'i'.i�.:r:�x;lt•f;�Mi!::p�•¢�'rr li�r?j�!`�l�r.fr:7�t;��:rfr'•=•roff�frrf,r {»�ir'rn'.e.-lfFf�r•Tvr(•a.�rt,i,w_:triir�i•t�.ji•Fv••7''',F.t1'p'=.�rtJ�„.t=,ia..'tt�•:'4•:''.:r7:Fr,rt:•r,i•::(-:•ryJ..r:•::..NSr�r i4.�rr•:t tr'r'r=:rs•',t•�•:r'••.•-.,aKir.r7l_,r{7..'=w•.1L.jt..}rf,n;.tr, ��l''•r'i I' •i•r�t.•a••'•i�..`r'�5i•:1t''�r'•f{'r_•i''i'LLr�".'•."s"l+k•••ir r.•�.r_,�,i.••�;fr;�lt.`.t:�r'r:r,.:.r,t:r.,tj.=r.'ir..:Si:'fr,..•i�..:ft r'i:l5l!• +••r•ia�iti•*t-' ,A'ss3r=t. _:.•.•�A:p��f•'yD Vyrf��'•tIj-sf,;...!".;!�s�aiW Lw�•.+.r.-•.c•'.r .4 0:Cd rn ;�N-�y.:'.t,��lr�$.Y�W.•,w•;` V ,��Oi:•1ma��.��o�, j..•I.y:•rw.{,�O/�+f+'tiD ��,.�'r'td�•.b t'Vort.'}•�.�•J+i.ri'p..i•:'+•°�at'i.Vrt1C4_"=,{:.I:'+:+°1+1�'we•j�s,ban_vr{1}'�.'��trO v•:ra.`r,.t�r (;Vd rr=!}.r}.�1.�."}s.wW'`• k..'•..._yyTi�.•,.��z/'•:a�L�.'-�r f�.1�K�..am�.—'/a_•.f•t.i..�.�IT"`:�°�.y}+-'.1�wY�r•,•,.�.cr-/r1�,"��-1•a _rt_��l.'W�.'.•'�'w.�'i�'1dA_•y,�v••�•��w.r1�J.��r'�it•rfY.l•irre'•r'(.w.�J.':4''�i�^:•/.r;;7�Tf©/,l•w:nI.•Ws�fv��"a.�V,��yt.�i),o't�.tt�:fll/�Lp1rWit�tN.lrr!�;••i,:l{:rW�Oirin.•':••r•.t_Fo�th•h»r�t'raW;r�tr.'?,..iap;'';:y'�!'*1�.��•s^►:'•�.t•:i��.��iA�,t1-d..ce.`::»y•�y•/�•.:/�.wj/.f„r.���i•�Ji._'.+,.•�Y�'.�. f�i ",-,•:.�`i.r.r.ry—Ar�y.-/I••:V'��;�.i�.'�ir i.•t�'.iC��T i'.OO�•';:•MMC•wWt��Q';7.••,.'r'fF/ft«r-:f.r.�:.1rl�iI:�•.:.l,��+Y•F.�t:./trr•IS,, +•dY/w.in•OL_a0...•�F%.1W:r;.+..-��r�•���11>,i•_'-tt"�'�F•��vvY-•A��q^�,./!.3I•.,�•vW1i a�';'••.Y_r1.!1a.'.•,:�:'.•�•r/•'a'Y..i t+1'���}I(��om+�•`�.�./���,�VayiI�Qw.��ti//rF'.'•'��f°r'•'.:.:..��i:t�::•..'.1•�..W r:.y.,�a^y��iV�l�i�••�af;Ms'�•-"/�.�.:t'''.',ryr�".�e''�..'>w.Y�wr4i.,•,i'�uow�.'�Ce.•�K•.�+•.r•�aa4,-='.'s�.,Cr:+�;,�•1.yd"�'�.i�t•�•°:i� cd cd CS•,QWi��••�•W O `Y W O s­� U vco; •i �:+^��rr..•..:'}y'+.�T�.{Ju y1:����/YYj!'1.':-�•:�a���•1_i:A/T•rvyir�5x�w�,--)cc.��-�''�}.r•,i.'»:.�•.t.�i.:t te:1.:,„.�.,r{�;«,`1R�'i.•ar�Mr�{,4t•-Q''�.{aypo+1•r'."»am1O�:'1.,it�',;ai.1-•. ..•�,,r��.':�:gy;l.���w.p�����V+r'�.+ww',�lo.•w",,.'•:.'_.!+'J''�r``_�F��,�:r•�:�'i�S•1`�•i•;.�A"'y:�."sVV.v►`�`/VO�_:'�•'�y'.`+:��'��`b,.��/W.fifa:,,4'„'ii:.».°ug.•',,�G.A�•},»-••»�.,�+r•�'td./-`•”{:� : �,��i+�,i/•JvRw'i".•�••.yI.0aL'S,a�.y�'r��l:�)•�,'{'�b!.'7• t.1�.•ay O O O .,' OO CO iO A 04 10 CC .O a)ma" ff ' jI c cd cCS cat Cd (P 0 O w O . bZ" W Cd 4.0 CLI O i a b4V.) 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