HomeMy WebLinkAboutMINUTES - 08192008 - D.1 Contra
TO: BOARD OF SUPERVISORS \"
-- ;� Costa
FROM: Dennis M. Barry, AICP
County
Interim Director of Conservation and Development
DATE: August 19, 2008 Vol
SUBJECT: Report on Revised Draft Delta Water Platform and Context Statement
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1) ADOPT Introductory Context Statement for Delta Water Platform
2) ADOPT revised Delta Water Platform, which reflects comments from the
Delta water workshop.
3) AUTHORIZE the Chair to send letters thanking workshop commentators, and
providing revised, adopted copies of the Platform.
FISCAL IMPACT:
There is no fiscal impact associated with the above actions.
CONTINUED ON ATTACHMENT: YES ❑ NO SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE (S): _
ACTION O !OARDON O APPk6VED AS RECOMM NDED
OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS (ABSENT QST ENTERED ON THE MINUTES OF THE BOARD
AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: hnQ1,k ABSTAIN:
ATTESTED
Contact: Roberta Goulart (925-335-1226) JOHN CULLEN, CLERK OF THE
cc: Department of Conservation and Development BOARD OF SUPERVISORS AND
Community Development Division (CDD) LINTY ADMIN.IsTRAIDR
County Administrator's Office
Public Works Department—Mitch Avalon BY DEPUTY
Report on Revised Draft Delta Water Platform and Context Statement
August19,2008
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS:
On July 29, 2008 the Board of Supervisors held a Workshop on Delta Water Issues to
hear comments from other agencies, organizations and individuals on issues of import
to them and their organizations, and to hear comments on the County draft Delta Water
Platform. A number of oral and written-comments were received.
At the conclusion of the workshop, the Board directed staff to do the following;
1) Provide an overarching context statement to add to the Delta Water Platform;
2) Revise the Delta Water Platform in accordance with comments received at the
workshop;
3) Provide a Timeline (short and long-term) and Action/Implementation Plan, which
details future actions and achievements; and
4)A Summary Report, or Executive Summary of the Delta Water Platform; a shorter,
easier to understand version of the County's water policies.
The first two items are included in this report; the remaining two items will be the
subject of a follow-up report to the Board.
A draft Context Statement has been prepared and is attached to this report for
consideration by the Board (Attachment 1).
The Delta Water Platform has been revised to reflect comments made at the workshop.
Short term actions were pulled from policies within the bulk of the report and relocated
in the front of the report, in accordance with Board.direction. The short and long term
issues will be further defined in the Timeline and Action Plan (see Attachment 2).
Almost all comments received were reflected in changes to the platform; either within
the policies themselves, or in some cases, the explariatory language, to further clarify
an issue or a policy. There were a few instances' where comments made at the
workshop did not reflect the same direction the Board had indicated in its adoption of
the first draft Platform, specifically in the areas of support for an Isolated Water
Transfer Facility (Peripheral Canal) and support for large scale surface-water storage
projects (it should be noted that there was no agreement among the commentators on
these particular issues). Comments are summarized in Attachment #3.
Information about Delta projects and programs, as well as the last draft Delta Water
Platform have been placed on the County's website.
Introductory Context Statement ATTACHMENT I
A healthy Delta is key to our physical, societal and economic health
A healthy, vibrant Sacramento-San Joaquin Delta Estuary is closely tied to the physical,
societal and economic health of those who live, work and recreate in the San Francisco
Bay-Delta region and throughout much of the state.
A healthy Delta requires sufficient water supply of good quality; and habitat for healthy
populations of fish and other native aquatic, terrestrial and avian species, both migratory
and year-round. A healthy Delta would protect people and property (through strong
levees, comprehensive emergency response and a water supply of good quality). A
healthy Delta would promote economic health of the region and sustain agriculture
(managed for habitat and food production), recreation activities (recreational fishing..
boating, camping, hiking) and commerce (industry, ports, shipping and commercial
fishing).
To date, the health of the Delta has not been a priority, given the state's thirst for water. It
is becoming increasingly apparent that an ailing Delta is detrimental to our health, safety
and welfare. All indicators of a healthy delta show significant decline. It is imperative to
act quickly to improve the health of the Delta, before irreparable harm is done.
Contra Costa County has developed this Delta Water Platform to identify and promote
activities and policy positions that support the creation of a healthy Sacramento-San
Joaquin Delta. Contra Costa County will use this Platform to guide its own actions and its
advocacy in other public venues regarding the future of the Delta.
Attachmievit .2
Contra Costa County
Draft Delta Water Platform
jlvlof in prioril.v order
All policies are lisiedas bullets and ares in MidCl-the numbered subject categories.
.........�ForrnLtted.indent-,Hanging: 0.25;�
Formatted:Indent:Left:
Hanging:
gi,
1.) Support Short Term Actions to be implement g: 0.5",Border:Box:(Single
solid'i�
immediately solid line,Auto, 0.5 pt Line width)
• Support and advocate for immediate implementation of specific'-------' Formatted:Bullets and Numbering
short-term actions to improve the ecosystem water quality, and
the fishery. These proiects include:
o western and mitral delta levee improvements. -------
Formatted:Bulleted+Level:
-ank T Aligned at: 0.75"+Tab after:
o water quality and fishery inirovements at 1-i S
-----....p..-------------------.._. --------- ----------------------------- Indent at: 1"
o additional and improved fish screens at punips.,
- - --- ----- --- -
0 Subsidence-reve-rsa-L.----- - - ------------------------- ------------------------------- -- ------- Formatted:Font: 14 pt
--------------------------------------------------------------------------------
Formatted:Font:Not Italic
o habitat im• rovemelit proje_ I
P- ----------- ----- S�---------------------------------------------------------- --------- - ---
o ency response planningy... Formatted:Font: 14 pt
------ --- ----------------- - ----------------------------------------------------------------- j Formatted:Font:Not Italic7�
Formatted:Font: 14 pt
..........................................................................................................................................................................................................................................................................................................................................................
Formatted:Font:
14 pt
J
. 2) Conveyance: Through-Delta and Isolated Conveyance 1. 1.,.''
........................................................................................................................................I....................... ............................................................................................................................ Formatted:Font:Not Italic
Formatted:Font:Not Italic
• Support through-Delta conveyance. Formatted:Font: 14 pt
• Support the "common Delta pool" doctrine. Formatted:Font:Not Italic
• Support study of all other credible alternative conveyance Formatted:Font:Not Italic
strategies. Formatted:Indent:Left: 0"
Formatted:Bullets and Numbering
The "Commoi? Delta pool" COM-1,112t is 011e in which theconimon resource (the Delta)
provides the same qualiti.- fivshwater szipphv to all Delta diverters, which share
responsibiliti: to mai.wain, reStore, and protect the resource. . Through-Delta
C0111'ClYalkle is the method b.v which this is accomplished, /nv allowing Sacramento
River,/low through Delta chaimels to the south Delta and the.e.Aporl pumps.
9. Isolated Water Transfer: The following key planning issues must'---- -- Formatted:Indent:Left: 0.21
Bulleted+Level: 1+Aligned a
be addressed in a timely manner or a renewed opposition position 0.75"+Tab after: 1"+Indent
I V
on an Isolated Water Transfer Facility (Peripheral Canal) will be ,Tabs:Not at 1
considered;...... ..... ---------------- ----b----------------------------------------------- Deleted:I!
-- --- - -- -- --
o Maintain/Restore Deltawaterquality and supply for existing area users. '-------11 Formatted:Bullets and Numbering
q Ensure adequate outflow to the Bay for ecosystem health.
to Consider reduced export scenarios in new(proposed)plans and
programs.
Deleted:7114
8/M/08 Page I
---- --------------------------------------------- ------------------------------------------------------- - ------
Contra Costa County
Draft Delta Water Platform
!Vol in trriorih�order
o Incorporate Regional self sufficiency(each region needs to maximize
conservation and reuse,implement storage options,and consider
desalination to help relieve stress on the Delta)as part of any new water
or flood control system.
o Delta ecosystem improvements and through-Delta conveyance!
improvements need to be implemented before an isolated facility is
substantively planned,designed,and/or constructed.
o An isolated facility and litigation related to an isolated facility needs to
be paid for by the beneficiaries rather than by the taxpayers.
o Protections for and improvements to the Delta ecosystem,fisheries,water
quality,water supply,and levees need to be incorporated into any new
water management plans.
o Proposed projects and programs must analyze impacts oil the whole San
Francisco Bay-Delta system,not just the Delta.
C1177.Olt1V I.Valllle.'d ISolate(l grater 1l'allSkl'scenarios irould ai kc:t the common Delta pool,
since all diverters would no longer be taking waterfront the sante "pool". There would
be no inc•enlive,f n,eiporters using a Peripheral Canal to praserve the Delta i'esoln•c•e.
Dual c•onvevanc•e is also being considered, which irould allow some Mimi- -Delta and
soma Isolate[! CUllr'e1'(illC'e. L'xistin7 information suL)rgesis that f s•o1ated fiwilitiec irould _.-- i Deleted:
dejzrade crater quality in the Delta and compromise out loris font the Delta to the Bav by
renlovilt,si�rnificant antotrnts of/li rh quality Sacramento Rimer waler and leaving lesser
(nli(J1117ts Of])00/' 1r(llitP Sall Joaquin R1VCl')rater!)t the.Cl%Slelll_j Ie C1L' 7 ee O 'nn iaC'1 1.S
.
Deleted: nl an,kind nem/ddc;grad"
y ! - -L--l . -- --
11a1"i ynalier rn Mc Drkr,rind
(A.,pendent on(1 number of f(lclors i1whi(lin (177lolrllt of e.1porls, it.-hen and where water is 4 i ml+rnmi.P otrrllnr.:./into rlrr Dr 6a rn
taken. capacity Plc.) There is all e.jmectallon bl%some].parties that a new Isolated lkiliti% aw Har rn an as ret mrknuun decree
jd j)endine oil hoer it is de need), couple(! frith storu'�1% have potential to improve Deleted:. —�
operational flexibility to Meet both ec-osystein and water supply heeds. Deleted: 7'
Convel"alic•e sludie.c c.lnrentlp being conducted by DIiR on a peripheral canal include an
eastern alignment as ii.-ell cls a western alignment that runs through Contra Costa
Cotnity.
The current state of the liar-Delta Estuarl, is negatively impacted bvwlack of water in the
slstenl (i.e. high 1'0)71/)1('eXports, eSJ"ec•ia111'd111117g(11-17 years). and the anlotnit of exports
1-s at/east pm Bally r• v ponsible for the recent collapse cif_the Delia ecosi,stem. Deleted:me
—•
Diversion of a signfic-ani amount of flop' fl•oin the Sacramento River will have adverse
impacts to crater quality b1', (onong other things, creating a saline environment in the
crest Delta and by alloiring more polhttant-laden San Joaquin River haler into the Delta
(.significantly less.San Joaquin River hater iroidd be pumped south). Current proposals
inelude creating c1- saline (tidal) ecological environnu'nt 'fen- the ii esiern Delta or kith
"variable" haler qualit (brackish/saltsratPr iiith •fresh flow pulses) in place of the
current fi•eshit'ater regrune. ,.�Deleted:7.14
3/19/115 P• ------------- --- ---------------------------------------------
age-
Contra Costa County
Draft Delta Water Platform
'Vol in prior•in'or-(t(r)-
.Some studies are ilhistralmg a conflict betweer7 a higher ivater quality standard needed
fbr human consumption find the optimal water yualitl-for ec•os.vNicin health, with its
I)i.rri(td of micro-org(ini.ciiis. Tlils col!l(1 CI'e(1l('U C(Jllflicl fw'11'e,t'/('/'/7 delta crater users'.
.:................. .... ........................................_............................. .............
3 Water Stora a Deleted:z ....
• Support .multi-purpose storage options that incorporate water
supply, flood control, surface water and groundwater storage and
ecosystem components, (addressing projected climate change
impacts),
• Support groundwater storage/conjunctive use implementation
wherever practicable and as an option that is preferable to
surface storage options.
• Support continued consideration of Delta island-as-reservoir
strategies (such as the Delta Wetlands Project), Formatted:Font: 14 pt J
-------------------------
• Support groundwater management programs and support ----- Formatted: sand Numbering
funding for groundwater projects that have the effect of reducing
demand on the Delta.
• Support detailed study of groundwater basins throughout
California, and conjunctive use opportunities.
.------- Formatted:Indent:Left: 0"
The St(tte's exbahkg Ivater sllpp/v andflood cowl-ol s'stems are im idequti/e und, with
climate change (decreased Sierra snow-pack, and increased rainfeill, flood, and sea level
rise'), will become even more so. 771e pl'(lpose(l tl-cldit(oii(ll, lube-sccrlc, single-plmPose
Slll•ace Storage iwilities neer/ to evolve into smaller, reli(171(t 111111tiP7yp)Se aCilitle.5'. Deleted: uJsuhrc,ional
Multi purpose•fi(c'ilities can better address cliniate change impact' and are more cost-
crfficieni than traditional sul-liwe stoiage.fiicilities.
Conjunctive use is the management ol'groundivater and the.aquif(,r ill which it resides
throilgh recharge with s: rphis sul f(ice water. Groundivater is then tl.p7C(1111'1Lt'e(I(Iil1'77kg
(h)-periods when sm.-Iiice water supplieS(tl•e tubi as abundant. Conjunctive itse has felvCr
environmental impacts than sunlf icestorage oplioms.
...........................................................................................................................................--......-................................._................................................-.....-........................................................._.._.................................._:
4) Protect and Restore the .Delta Ecosystem Formatted:Bullets and Numbering
• Support ecosystem-based scientific research to determine what is
necessary to protect and restore . the Delta and support
Deleted: i;l4 i
• ------------ ----------------------------------.--
19/19/08 Page 3
Contra Costa County
Draft Delta Water Platform
L._. Vol in priorih-order
implementation of recommended actions resulting from these
studies. Formatted:Font:Not Bold
• Support efforts to restore native fish populations; Formatted:Font:Not Bold
o Thresholds for healthy fish populations must be set si2nificantiv- I. Formatted:Bullets and Numbering
higher than past estimates to avoid spec ies'_con tin tied, listing as Formatted:Font: 12 pt
endangered. Formatted:Bulleted+Level:2+
o Restore and maintain the commercial and recreational salmon fisherv'i a Aligned at: 0.75^+Tab after: r'+
-
in the Bav-Delta ecosystem by implementing state and federal policies Indent at: 1"
of doubling salmon populations. Formatted:Font:12 pt
Formatted:Font: 12 pt
• Support acquisition of priority habitat areas (aquatic and
Formatted:Font: 12 pt,Not Bold
terrestrial).
Formatted:Font: 12 pt
• Support habitat improvement projects (including Dutch Slough, Suisun
Marsh), Formatted:Bullets and Numbering.
. -
--------------------
---------------------...- ------------------------ .._..----------"- ormatted:Font: 14 pt
__
• Support projects that benefit migrating waterfowl..
.................____________, Formatted:Bullets and Numbering
• Support study of merC:ury methylation In planning, evaluation, Formatted:Font: 14 pt
restoration and monitorinm activities.
Hethvhnerc•ur•r is a bio-available foim ofntercuri,that accanndates in the food challl al'id
is h4ehh,toxic. Methylation is the process by which lnercury beconmeR chemically actil,e.• Formatted:Font: 12 pt,Italic
., advocate —�
- Deleted'Support•uul ndvocat I
specific short-term actions for
-Water Conservation l`'• immediate implementation toimptvic
..................... . ----. . ::_:.::::.:.:_..._.:.:._----_.-.-,,___:,.:._.:__--_-..-.....-..=.,-_._......-...._.._......_...-...._.....:._..-...-.,..-.,..,__.:_:........._.._._.._..:.:.--
eeos�stenr,water qualih•,and the
frsher�rillIralirr; „tri,Iwrlitl amd
• Support and encourage water conservation activities as a primary n l cry I � 'IllsVOM er l i rank5 I
PP g P �uldirii�nal mrJ i,nl»r,r�d.ltan Sc'reNrS at
first step in any proposed statewide water management strategy. I"""I `'ahawinipmi`inew'""i'°"".''
�•, Formatted:Font:Italic —�
• Support and encourage water conserving landscapes. ........................ ....
Deleted:a
• Maximize reuse of reclaimed w'astew'ater.
• Support acceleration of mandatory water meter requirements
throughout the state.
• Support and advocate for improved agricultural water -- -- Formatted:Bulleted+Level:1+
Ali ned at: 0.25"+Tab after: 0.5"
9
conservation racticeS +Indent at: 0.5"
o Encourage elimination of high water use crops such as cotton,alfalfa, Deleted:1, -�
and rice(with exceptions where there are multiple benefits)- --------------- Formatted:Bullets and Numbering
o Encourage creation of significant water savings through improved — -
— - Deleted: to habir:rr
agricultural conservation practices.
o Support detailed study of agriculture in California;what has been
done to conserve water and what can be done in the future to attain
greater efficiencv.
The Comity has histor'rcalh' supported eonserwitlon through development of a nater
c•onsei-vation land.,•cape ordinance, a dual plumbing ordinance to maximi.-e use of' Deleted:7/14
l •
-----------
------------------ -----------r 4
----------------------.....---------------
-----
8/19/08 Rage
Contra Costa County
Draft Delta Water Platform
re>e've•/ei/ water iv/tere.fi'asihle, and an ordinance to use reenx•led waterfin- dust control
and compaction /or cons'tl'1rc•tioll pmPoses (1111117" Cll•olcgllt. IPc(tel- cons'ervc(tinn is
eniphasiicd, Cts it has multiple hem'fits: it reduces w(fler demand, reduces nater
treatment requirement.,;i nd r.e(-bees'el,c'I'gl'I/.Sct--------- - Deleted: I>•mrr:cCal'D,
The rec-yded nater ordinances are dependent upon the level of. conlnlitnient o ' the
/•c'.1'l)i.'C'/il'e' water districo; and, to sone extent, the 11'a.S7C'iP[al'1' eigencii's, to prol7(le
recycled crater. It is anticipated that additional stake conservation reclltirenlents 11'tl/ he
.fin•thc•on big as a result of the Govern r s declaration of a comprehensive.water plan
(207o reduction in nater use by 1020). The County c.•olr/d a/so consider eapcnrsion of
glV.rrrxNc.'r lyse wherepracticable.
A regional s'e'lf=suffic•iencv polic•i- would dictate that conservation, regional groundwater
and surface crater Storage, reuse o/'reclainied 11'[(.CYe'11'Ll/e'I'(171[1 even Cie.SCllut[!tlolT (where
practicable)should he required in areas dependant upon e poris'.fi•om the Delta.
................................................................................................. ......................................................--............................................................................................................................................ ...............
Governance Deleted:
• Support a new Delta ecosystem and water management ------ Formatted:Bullets and Numbering
governance structure, which should as a primary task, restructure
and regulate management of the State Water Project and the
Central Valley Project.
• Support and strongly advocate for local government
representation in any new governance structure(s) contemplated
for the Delta.
• Support continuance of land use authority in the Delta through
the 1992 Delta Protection Act, (which established the Delta
Protection Commission,, a state agency with local representation)
and support greater representation of local elected officials as
part of this body.
The Governor, his Delta Vision Blue Ribbon Task Force, and the Legislature are
c omside ring alternate stt rrcttrrc>s fqr goi er illrnc e of the Delta in the areas of ff'ater Supple
and L'cosvtelll, Land Use and creation of a possible Dc'ita Conservancy. There is a
great deed/of concern over development of'the Delta.floodplain and adjacent areas. As a
re>sull, consideration of alto l-native land :rse awhorities and nein legislation is curre nth-
being contemplated.
There is an inherent conflict between ec'osystein health and the suppli, of~water to
California iwhic'h needs to be addressed. Because of the significanth, detxraded state of
the Delta, there is reco�,Tnitton that the priorities.ofe isttn,,aQenc(es Twill not include theDel: Del teed:T14
----------------------------- ---
----------...------------------ ------------------------------
Y/19r"08 Page 5
Contra Costa County
Draft Delta Water Platform ,
Not in priorilr nater
ec.•n.si-stenr in it meanin ful irciy. The Delta Vision process has r•ecoirni_ed that eco.sys•lent
and iveyer supplv yre co-equal ,owls that cannot adepuateN be addressed within the
existin(� cyovernance stritc-litre. Restructuring,and r'e. uIatln, the Slate iVtiter Project arul
Cenn•cd ►%alley Project cure identiftecl(is a critical fast stet), as these:]are by kir the lamest
hater users.
A)17' grove rnmice structure should be mctim!zed in an obiective, knosrle(4,able and
representwive manner. The govenfiRg, body should have funding to conduct strlches to
t'enerwe the information necessar l;to mailmre the.system, refine it cis neces.sar3;and meet
mancc,ement objectives to avoid constanth%Operalilrg ill C7'i.Si.S]node.
..
Restoration..........................._..-..........................-.......-..-....-..-.....-.....:................. ......................................................................................................................
_Levee Restoration Formatted:Bullets and Numbering
... ......................................... .................
• Advocate for significant funding for western and central Delta
(infrastructure protection) levees, individually and in
collaboration with others (beneficiaries also pay).
• Support immediate rehabilitation of priority levees on the western
and central Delta islands.
• Support funding assistance for small urban communities within
the Delta to attain 200-year levee standards.
• Support using PL-84=99 as a minimum design standard for levees.
• Support stockpiling rock in the Delta (and specifically in the
western Delta) for levee re ail' Deleted:hal:ilitaliun
• Support a multi-year funding commitment to restore non-project
levees and levees outside the State Plan of.Flood Control.
• Support and advocate for the Delta Long Term Management
Strategy (LTMS) and the beneficial reuse of dredged materials
for levee rehabilitation.
The County has long supporter! the ongoing majntenance andstructural restol•cition of
Deltei levees and /vas ac•tivelr advocated fin• fiuiding tow(ird this end, estcrbli.s•hing the
Delhi Levee Cmlitioii with the Con's Costci Council. The eight western Deltci islcoids•
(six Of which etre within the Corinna) are crilicallY importwit, not 017/1' to re.Sidents, bul
cilso to the protection of wester qu(ility crud sitpply to 25 177illi017 Cciliforni(1ns by
preventing sultwtaer intrusion into the Delici.
The ]rater exporters and the State Department of Ii%titer Resources WITT) licive
reewillutted the impor-tcrnce of these wester]? deha levees (incl tire reluctant to commit
s•jgnificiinl funding (fiinding th(il could go t0.a canal instead) due to severed factors• Deleted:7rla
•--------- -------------- ------------------------------ -.. ---
5/19/08 Pa oc 6
Contra Costa County
Draft .Delta Water Platform
1 of in priorilY order
First, DiF•R has placed rock.fol• "entel-genc.y pulToses" in several areas of the' Delta to
block the chanllc'/s (prel'elltilig Na1f11'ah.9• 1/11/'x1.611 fill- exporters) in the event elf a
multiple levee break. Second, the western levees are thought to be at higher seismic•risk,
clnte to neal-by.lhults, and as a result, will be more e.11)e17si1V to,fix than levees in the
(urger Delia.
The levees protect lnarrn areas that are belo11'suit level clue to subsidence, rendering the
levees less stable. Climate char-e impacts of•risnlg sea level ane/ higl]c'r• /1011' r•rgilncS
(chic' to greater 1•ainfidl, less S17011) will exac.•erhate the situaticnl. Recent work- hi, local
Delta engineering firms kerne' estuh/i.'+/rc>c/that/crree repair costs file western Delta levees
are not cis high cls anticipated by DII'R's studies. and there are aciclitranal options to
reduce seismic rick.
Levees also protect critical infi•astruc.-ture including EBMUD's• aquethic•ts•, highmms,
railroads, gas wells. electric lines etc.
Smaller communities behind levees, such cis Bethell Island, Hotchkiss Tract and other
coninnmities shoals/ henefit •from the same level of protection cis larger -iii-ban"
c•omnumities. Urban conmilnrities (over 10,000 population) as defined in recent
legislation will he required t0 have a higher standard of levees protection (from a 100-
i,ear to a 200-Y-ear standard). Fimdimg support.for leveestrengthening should also be
readily availablefin-sihull c.•onunimities protected by levees. .
PL-84-99 levee design standards are used by the U.S. Arnir C'olps of Ellgrllc'el'S (Coll)s)
file!c vees over which the C017)S has Jurisdiction in the Delia. These standards are slightly
higher than Hazard :Mitigation P4111 (II14P) standards currently in itse, and are
/'eCOilrnlelided as a nlininnim standard.fin• Delta islands renrarnrng 1'11 agricultural and
other non-urban uses. 11'ith climate change. it is; anticipated that snore stringent
standards lyoidd he required over time. Because oflarge-scale charges currently being
contemplated for the Delta, c1' nuniber of Delta islands• will he converted t0 other users,
such cis habitat (apatic• and terrestrial) and flooc/plain. As a result, levees oil these
islands 1y0uld not be suhtect to the ehove-mentioned inint/111t111 Stantia•ds, rerchicing costs
Of levee lnallltc.:nalee 10 S0111e degree'.
8 Water Quality, Water Quantity and Delta Outflow
- Q --y' Q - ._ 3
.- Deleted:7;
---------------------
• Support efforts to protect and improve water quality, water
quantity and Delta outflow.
• Demand that any proposed changes to water quality, particularly
efforts to increase salinity in the western delta, be.based upon
proven science which illustrates substantial benefit to habitat and
addresses impacts to water users. Deleted:714
•-------- ------------- ------------------------------- ;e 7
;
8/19/08 Pa-
Contra Costa County
Draft Delta Water Platform
Not in prioriry order
• Require a guarantee of ad_eguate flows for a healthv Delta. Based ------ Formatted:Bullets and Numbering
on existing information, this will require a permanent reduction
in avers a exports.
• Require consideration of reduced export scenarios in new Formatted:Font: 14 pt
r Tans and Formatted:Font: 14 t
.
(proposed) p programs. p
• Support reexamination of the State Water Project and Central
Vallev Project operations due to the decline of the Delta ecosystem
and collapse of the fisher
.--- Formatted:Indent:Left: 0.25'
/re current svcrle gfa/re Bern-Deltcr Esnrm r is nc:gcuil t/i_impacted 1>> lack Of trat r in the Deleted:;;
systein (i.e' high volume elpoi-Ls, especialll%tirrr•ing thy ve(ii-s), and the amount ofexports is - Formatted:Font: 12 pt,Not Bold,
are tit least pa•tially responsible fa•the recent iecosYsien77 Collapse. Italic,Underline
Sar Joaquin River /lows have higher- level; of salinity and selenium than Sacr-anewo
River water. As it re.s•rrlt, an isolated transfer facilih- taking signilic•anl amounts of
Sacramento River water out of•the srsiei?i hill decrease ivater qualitp in the Delta bi'
allowing much nwre San Joaquin River water into the Delta system. Cna•rently,purnrps in
the south Delta take some San Joaquin River water south.
Reduced ouufloivs will result in the migration of the stilt water/f esh water irate r Jctce (X2
,one) eastircrrd •from its cm-i-ent location near Antioch, impacting municipal and
indtrstr•ial water intakes and habitat.
Pollutant loading in Dielta waters in and around the c•ouniv can be increased either br
reducing the Delta outflow• or by moclifving Current inter n7anageni ent practices (such as
h7stalling an isolated transfer facility). h7c•reased pollutant loads in the Delta ivill result
in modification of ivater quralitp standards in County- NPDES and 7A4DL permits for
Comity cr-eeks and str•ecuns that discharge into the Delta. This hill significantly increase
the cost for permit con7pliance. (See additional discussion under the Peripheral Canal
section).
.............................--------------------._....................._.................:-................................................................_..........----...------._........... ..........-..-.-......-..-.-...------..-..---------
Deleted:5
9�.=._.:...Flood
..:.:Protection/Floodplain_== _ -_Management
----,__________ __::.=.: ...:.:............ .:.-.:...: -....-..: .==: =.---.-.- -__.._._- .---. ....:.:..:.-...:.:...
• Support preparation of a comprehensive Flood Management Plan
for the Delta.
• Support floodplain management within the watershed to help
reduce flood damage within the Delta.
• Support identification, acquisition and construction of
appropriate flood bypasses in and around the Delta.
Deleted:7/14
---------------
S/19/08 Page.8
---------------------------------
Contra Costa County
Draft Delta Water Platform
!Vot in priorim order
• Support funding assistance for Flood Control District(s) to bring
facilities up to a 200-year level of protection.
• Support development of a watershed management plan that
would attenuate flood flows naturally by increasing the resident
time of stormwater within the entire watershed.
• Support efforts to change existing revenue generation
requirements for flood control districts, reclamation districts,
cities and counties that would provide parity with wastewater
districts. and water districts in setting rates .to provide basic
infrastructure services.
Flood protection scan dorsi; are changing to a 200 rear standard. Flood Control .
Districts are having a hard tune funding nets faculties or inodJ&ing (tYisting.facilities to
meet the old standard of 100 rears, let alone upgrade to a 300 rear standard. There
needs to be a fialding lnechanisin in place that allouvs.17ood control districts and counties
to raise revenue shnilar to a wasteivater district or a hater district. Currenth,
Proposition 318 exenipts ivasletvater and water districts fi-oni voting requir-enlents to
raise rates to proper'll%manage their in i-asiniciure. Proposition 218 needs to be modified
/o include a Similar excininion for. lood c(nfrol and slorinivater nfr'astrileture.
In an undeveloped watershed, siornnvater remains within the watershed a long time
(resident tinle�). As a watershed develops, resident tinge is reduced and flood flows•
increase as stornnvater quickl, runs off paved siil faces. .4 watershed nlanagenJent plall
is a use fill tool to develop strategies to increase resident tine and help reduce flood flows
in a more natural incliner.
10)
Water Rights and Legislative Protections Formatted:Bullets and Numbering
• Support and preserve existing water rights and legislative
protections established -for the Delta and its environs.
The srslenl of tirater *ighis in Callflrnia is governed hl 'tl.se', or n7ore specif7calh,
'hel7efte'tal use'. Riparian rights (ownership of land ac#acent to a siaface ivater-source)
are senior ivaler rights over most 'appropriative' water rights (which have required a
permit since 1914). Afo.st water users in the Delta use water pursitanl to rip(111(117 and
pre-1914 water rights, which are among the most senior water rights in the .state. The
State Water Project and Cental faller Project are based on junior appropriative ivater
rights.
Deleted:7/14
• € -------------
3/19/OR Pei e 9
Contra Costa County
Draft Delta Water Platform
Not in priority-Order
The 141(aershed Protection Act and the Delta Protection Act (c.•ot(nI'-of origin and
watershed-of origin lcnr.c) ivere an integral part of the political and legal negoti((tions to
build and export hater-om the Delta for the Central 14alle),Project(ntd the Suite 11"wer-
Project. These laws protect,fittin•e reasonable and beneficial \eater• rtses for• the areas
providing the\rater so these areas would not he deprive(/when additional hater became
neces-ccn.r. The Delt(t Vision Tack Force has rerielred this issue crud questions the neer/
for continiitiiice of'the.se/cone. The<se Acts also include the Delt(t coninion pool doctrine.
- - -----..._.. - - _................. .........................._........_
-� ; Deleted:11
11 Regional Self-Sufficiency _
.....:.:............... _-_:..-_-___..._..3'__.._.._._.._.._.__.._......._....._.._._.:....-..-..:..,.................:...,.....:..-..,...........-._..-.._..._.._...--_______
• Support Regional Self-Suffici_9 cy where all regions are required --- Deleted:a
to implement a variety of local water supply options and institute
conservation and reuse programs to reduce reliance on exports
from the Delta.
Conservation programs, nla.\'lml_lill- reuse of reclaimed irastelvater•, groundivater and
sin.fac•e rr•'wer storages, mal consideration of desalination where appr'opr'iate should be
Considered as strategies to enhance matter s•trppin in arrears dependent on exports.
Deleted: I
...12J.--.Em..ergency_Respons.e ________ _____
• Support collaborative efforts to improve emergency .response
among the Delta counties to help protect life, diminish suffering,
protect property, protect the environment, and speed recovery in
the short, medium and long term.
• Support stockpiling rock in the Delta for levee repair. •------- Formatted:Bullets and Numbering
-.._._....................................................................................... ------ --- --- -..._.._._..---.._..-....-........_........................._...._.............................................._.
Deleted:2
. 13) San Luis Drain/Grasslands-Bypass __._:_-,_:_____:__:-:......:.::.:.:::.........._.._..-.:-:-
• Oppose a San Luis Drain and continue to support in-valley,
environmentally-responsible resolution of the drainage problem.
• Continue to urge reduction in the discharge of agricultural
drainage to the San Joaquin River and its tributaries through
implementation of the Grasslands Bypass project, including crop
fallowing and/or acquisition of problem areas.
Deleted:7/14
• = b j ---------------
S/I)/03 Pa � I 0
Contra Costa County
Draft Delta Water Platform
Nol in prionl.y ardor
San Luis Drain: The U. S. Bureau of•Reclanurtion is-under a court injunction to evaluate
and implement options for providing drainage services for the inest side of the San
Joaquin [%alley, which contains toxic concentrations of seleni an and other ha_ardous
substances. The Sam Luis Drain, one option studied, would pass through Contra Coster
Count)-to discharge in the Delia. The U.S. Bureau of Redanurtion has elected to address
the problem n:ithoiut building the Drain but Congi-c,s.s would need to appropriate the
finids hc:fore this•alternative could be implemented and the injn.mc.•tion requiring provision
ofclrainrge service still looms.
The Count'v will eontinue to oppose: the San Lids Drain option and support instead
drainage slutioiis in the valla)-, such as reducing the volume of problem nater drainage;
managingh-eirsing drainage haters irithin the affi,c:ted irrigation disu-ic•ts: r•etir•ing lands
with severe. ch-ainage impairnnent (pin-ch(ised fi-onn ivilling sellers): and
rec•laimingh-ernoving solid stilts through treatment, bircl safe/hird f ee solar ponds and
./farm-based methods.
Grasslands Bi.-pass: Since 1996, the U. S. Bureau of Rec•laMation has authori:ed,fcu•mers
in the Grasslands area of the San Luis-Della Mendota Water Authority to discharge
drainage through an existing potion of the Sam Luis Drain to a n•ibitun y of the San
Joaquin in order to bypass nildlifi! refuges that ivere previously donnsn•eann of the
agricultural drainage. The San Joaquin River is the ithilnate destination for the drainage
with or without the bypass prgjecy, known as the Grasslands Bypass Project.
In addition to avoiding the sensitive ireilands• in the ref rges, the Grassland Bypass
Project requires a number of measures to reduce the downstream impacts of the
drainage, including creation of a drainage authority to assinn: responsibility fon• the
./)triers•'collective obligations, monitoring gf•dischcnges and impacts, limitations on the
load of seleniinn and salt in the drainage and various enfarc•ement measures including
provisions to terminate the Project if discharge limits are exceeded. In the first eight
years of implementation results have been good and disc•halges have been steadily
declining. The County ivill support continuing reduction in argrieultural ch-annage
through the Prgjeet such that agrictdaural drainage discharges to the River will decline
to Zero no later than 2019.
.__i...................................................................---
l�- Climate..:Change=..=__-__-___.:..:.:.....:..:__..:._--.-._._..-_ ________-_-_=____-_..::__..._..,.-..:_,.-„-.-..-..___________
• Support addressing the impacts of climate change in any
proposed studies and strategies, or in planning, engineering and
constructing projects envisioned for the Delta.
Deleted:7.114
•----------------------------- -------------------------€------- _....
-------------------- -------
8/19/08 Page I I
—
Contra Costa County
Draft Delta Water Platform
Aot in priorirn order
Clinunc, change in the Delta hill have ivide-ranging impacts, due to decreased Sierra
snow-pack, and increased rain/idl, flood, and sea level rise. Anv currant or fiftirre
planning( in•ts or implementation measures.lor the Delta must analP_a and address the
impacts of'climate change..
Deleted:T'la
S/19/48
---�--- -1_-2----------
----------------------------------- ----------
rage
July 21, 2008 Attachment 3
Honorable Federal Glover, Chair and Members;
Contra Costa County Board of Supervisors
651 Pine Street
Martinez, CA.94553 ; !_ �; Vii'' o
RE: CONTRA COSTA DRAFT DEIL'TA,iWATTII 'Za �+IORM
iI•
ittiu
Dear Chair Glover and Members of the Board:
The Contra Costa Council appreciates the opportunity to comment on the County's
draft Delta Water Platform. It is timely that your Board has developed this
platform as the Delta Vision process nears its conclusion and many other activities
and events loom on the horizon. It is essential that Contra Costa,the East Bay and
Chairman of the Board other Delta counties have input into this process and this platform will provide a
Edward Shaffer basis for advocacy in the months ahead.
Partner
Archer Norris
Board chair Elect The Contra Costa Council spent approximately a year in developing information
Cheryll LeMay on Delta issues. That formed the basis for our Statement of Principles on the Delta
Diablo Valley cortege and we appreciate your Board's support of that document. We agree that
Vice President-Finance
Keith Archuleta protection of the Delta with its ecosystem, infrastructure, economic activity and
Principal our water supply is paramount—
Emerald Emerald Consulting
Vice President-Events
James Brandt The Contra Costa Council.supports the Delta Vision that was produced by the
First Fina cialServiInvestments Delta Vision Blue Ribbon Task Force which is aligned with our Principles. We '
UBS Financial Services,Inc. �
Vice President-Task Forces also believe that the draft Strategic Plan is headed in the right direction. The
Terry Bowen Vision and the draft Strategic Plan provides a comprehensive approach to the
Partner
Grayeowen. myriad of problems and issues associated with the Delta, especially the ecosystem
Vice President-Task Forces and the need for a reliable water supply. It stipulates a required linkage between
George Smith water supply and the ecosystem as co-equal values.
President
GBR Smith Group,LLC
VicePresident-Communications Your draft platform is generally in agreement with our Principles and with the
David Bowlby Delta Vision.,though there are some differences in nuance and emphasis. We offer
President
The Bowlby Group.Inc. the following comments and suggestions:
Vice President-Member Services
Vicky ePlatform No. 1: Conveyance
Vice Prresidentident
Cornish&Carey in addition to your support of Through-Delta conveyance and the"common delta
Chief Legal Counsel pool"doctrine, we recommend that you also support further examination of dual
Peter McGaw
Partner conveyance facilities. This is part of the Delta Vision adopted by the Blue Ribbon
Archer Norris Task Force. It merits further study because, coupled with storage, it has the
Immediate Past Chair potential of providing maximum operational flexibility to meet both ecosystem
Steve Lesher
Public Affairs Manager and water supply needs. Any final proposal for dual conveyance, however, must
Shell oil Products U.S- provide iron--clad protection for the Delta and uphold the integrity of the co-equal
President and CEO values placed on ecosystem and water supply.
Linda Best
We recommend deletion of the second sentence in the second paragraph of
explanatory language, `Isolated facilities of any kind wouldydggrgde,,water-quality
in the Delta and compromise,�.outflows.from the De1ta,.to,,.the.Bay to,an as,yet,.,
unknown df;gree," This is prejudging information yet to be developed and, as
noted above, a dual conveyance approach has the potential of maximizing
1355 Willow Way,Ste.253,Concord,CA 94520 925.246.1880 925.674.1654 fax info@contracostacouncil.com wVAY.contracostacouncil.com
operational flexibility to benefit the ecosystem, water quality and water
supply when coupled with storage.
Platform No. 2: Water Storage
We support the statements about supporting multi-purpose surface storage
opportunities as well as groundwater storage/conjunctive use. With climate
change and the:fact that we will be losing much of our greatest storage
facility, the Sierra snow pack, it becomes critical to be able to capture large
amounts of water during the wet/flood season to augment flow through the
Delta in dry times that will benefit the ecosystem and water supply. We
propose, therefore,that you modify the second sentence in the explanatory
language to support both regional surface storage projects as well as large-
scale, north-of-the-Delta reservoirs, including Los Vaqueros.
Regaraiug tnc consiaeration of Delta island-as-reservoir strategies, we
suggest that such consideration should be mindful of potential water quality
issues.
Platform No. 4: Water Conservation
We support the statements regarding water conservation and reuse.
However, we are concerned about the statement of eliminating certain
agricultural crops that are a major component of the state's economy. We
are concerned about our region's presumption of what should be the"best
economic" activity in another region of the state. Supporting overall water
conservation and best management practices are appropriate, but to advocate
elimination of certain agricultural commodities important in the global
marketplace seems to be overreaching and weakens the overall impact of the
proposed Platform.
Platform No. 5: Governance
We recommend you include a statement that acknowledges the fact that the
current governance structure simply does not work in a way.to adequately
protect the Delta and its fisheries, as evidenced by the fact that decisions
about the.Delta now are being made in the courts. There are numerous
agencies whose decisions affect the Delta and for the most part they operate
in silos with little coordination. There is no single body that is responsible
and accountable: for the health of the Delta. Change is needed.
Platform No. 6: Levee Restoration
We strongly support your statements about Levee Restoration and will
continue to work with you to advocate for the funding needed to repair
,critical western�and central:Delta levees. We suggest you append to the
Platform the matrix of levee repairs needed and their.estimated costs.. ..
developed`by'th-Lb'Delta Levee-Coalifion, along with a map of those leve.
We also support efforts to increase coordinated "emergency response effort
between the state, Delta counties and local government to protect lives of
residents, workers and visitors located behind the existing levee system and
the funding needed for those efforts.
•
As various solutions are offered to address the crisis in the Delta,we look
forward to working with you to ensure this great resource is adequately
protected.,
Sincerely yours,
• 1
Linda Best
President and CEO
cc: Roberta Goulart, Executive Officer
Water Agency,
DELTA VISION IMPLEMENTATION-2008
7-point program
recommended by Bob Whitley
July 28,2008
1. Support the outcomes of the Delta Vision Blue Ribbon Task Force Vision
Statement and ongoing drafting of the Strategic Plan (subject to
refinements).
2. Advocate for expedited efforts for a multi-agency coordinated emergency
response action plan in the event of any levee failure to protect lives,
personal injury and disease.
3. Advocate for the development of an emergency preparedness program to
stockpile rock and other logistical material and equipment to be used in
the event of arty levee failure.
4. Advocate for immediate implementation of levee strengthening at strategic
locations in the Delta.
5. Advocate for the design and construction of improved "fish screens"at the
export project pumping stations.
6. Encourage immediate actions to improve flow through Delta channels
(Franks Tract and Middle River) and proposed ecosystem restoration
projects.
7. Commence development of legislative concepts and sponsors to
implement the Delta Vision Strategic Plan, including revising the existing
governance structure.
CONTRA COSTA
WATER DISTRICT.
1331 Concord Avenue
P.O. Box H2O p; ��,.
Concord, CA 94524 2,i l i.i 1 , 1 Q
(925)688-8000 FAX(925)688-8122
11
July 27 2000 ,'LIYI
V 1
Directors
Joseph L.Campbell Mr. Federal D. Glover, Chair
President Contra Costa County Board of Supervisors
Elizabeth R.Anello 651 Pine Street
Vice President Martinez. CA 94553
Bette Boatmun
John A. Burgh RE: Workshop on Delta Ecosystem and Water Issues
Karl L. Wandry
Walter J. Bishop Dear Chairman Glover:
General Manager
Contra Costa Water District appreciates your invitation to attend the Workshop
on the Delta Ecosystem and Water Issues on July 29. 2008. Assistant General
Manager Greg Gartrell will be in attendance and will be prepared to address this
important issue.
As you are. aware, Contra Costa Water District has been participating in all the
different forums related to the crisis in the Delta. While much attention has been
Put on long-term solutions that will take decades to implement, those solutions
will not address the crises that we face now. Contra Costa Water District, with
support from the County, the local business community, environmental
organizations and statewide water agencies, has put forward a set of immediate
and emergency actions to deal with the crises now while the studies and debates
continue on the long-term solution. These immediate and emergency'-actions
have gained widespread support and are beginning to be implemented. Contra
Costa Water District will be prepared to discuss them and their relationship to the
draft Delta/Water Platform.
Again, thank you for the invitation. Contra Costa Water District looks forward to
participating in this important Workshop.
Sincerely,
Vll/t
Walter J. shop
WJB/GG/kc
ycc: Roberta Goulart. Contra Costa County
Mikegml@aol.com To rgoul@cd.cccounty.us
07/28/2008 02:23 PM cc
bcc
Subject Tusday Workshop
Histo
: :::..:. .. ..
rY. This message has been:replied to .:.:..:...: .
......... .... ....._.....
Hi Roberta:
I won't be able to attend the workshop tomorrow as I will be down south on water
treatment related business.
It would be great if you could add a bullet perhaps under#7 Water Quality, Water
Quantity and Delta Flow along the lines of the following:
• Provide funding for ground water projects that have the. effect of reducing
demand on Delta water supplies.
For example, Diablo Water recently started supplementing its Delta surface water
supply (through CCWD) with ground water to such an extent that we are using about
1,000 acre-feet less Delta water than in years past. We would like to increase our use
of the ground water by installing more wells and thus further reduce our demand on the
Delta supply.
Any support you can give us on this matter would be appreciated.
Thank You Very. Much,
Mike Yeraka, PE
General Manager
Diablo Water District
2107 Main Street
PO Box 127
Oakley, CA 94561
925-625-6159
www.Diablowater.org
Get fantasy football with free live scoring. Sign up for FanHouse Fantasy Football today
"Nelson, Barry". To <rgoul@cd.cccounty.us>
<bnelson@nrdc.org>
cc
07/31/2008 04:11 PM
bcc
Subject Suggested Language
Roberta -
As promised, here is the draft language that I jotted down at the meeting.on Tuesday.
New bullet under 3) Restore and maintain the health of the commercial and recreational salmon fishery
sustained by the Bay-Delta ecosystem by implementing the state and.federal policy of doubling salmon
populations.
New bullet under 5) Support a new Delta water management governance structure to regulate the
management of the State Water Project and the.Central Valley Project.
New bullet under 7) Guarantee adequate flows for a healthy Delta. Based on existing information, this will
require a permanent reduction in average diversions from the Delta.
I hope that helps.
Barry
SIERRA
C LU B
...
FOUNDED 1892 •';�
San Francisco Bap Chapter
Serving the counties of Alameda,Contra Costa,Marin and San Francisco
Tim Donahue,Cha; MML of the Delta Group
2412 Cambridge Drive, Antioch, CA 94509
Telephone (925)254-8801
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A SUMMARY OF ORAL COMMENTS —WATER WORKSHOP JULY 29, 2008
Arne Simonsen — Co.uncilmember, City of Antioch. Chair, Delta Protection Commission
■ Likes platform
■ Supports through Delta Conveyance
■ Need storage
■ Beneficiary pays important concept
■ Ag conservation item 4a: caution; look at total environmental needs (e.g.
cotton better than polyester). Management of crops (rice) based on wet year, or
not
■ Levee Item 6b: "rehab" (rock stockpiling) not a good word; should be
repair
■ Item 7 Water.Quality; X2; very important to maintain location of this line
■ Item 11 Emergency Response: re SB27 there is an effort to take DPC out
of emergency response planning. DPC should stay a player in this.
Bruce Connelley— Mayor, City of Oakley
■ Ecosystem very important
■ Public safety top priority; Levees are top priority to re-store.
■ Caution on ecosystem restoration projects due to methylation of mercury.
Add to platform about health hazard of mercury and methylation.
■ Can't increase exports from Delta. Will only tolerate conveyance only if no
increase of exports.
■ Look at desalination, especially for Southern California
■ Take this platform to Mayors Conference:
■ Need objective party to govern the Delta.
Linda Best— President, CEO, Contra Costa Council
■ Supports study of dual conveyance with storage
■ Supports criteria for Peripheral Canal in document.
■ 'Supports storage and surface storage
■ Governance: Current system doesn't work, need to have singular
oversight agency
■ Support water conservation but cautions on agricultural water crop
elimination
Bob Whitley_— Contra Costa Council
■ The fish are dying, so water management needs to change. Objective is to
have a healthy fishery-- ie many species, food web, food chain
■ Adequate flow is necessary (outflow) for healthy species
■ Threshold is for healthy fishing not to maintain endangered species
■ Platform needs context, a leading paragraph of over-arching
objectives/principles
■ The question is not what export strategy to do but what needs to be done
with export strategy to have a healthy fishery
■ Supports Delta Vision process
■ See Bob's'7-point program (handout).
Ann Spaulding — City of Antioch
■ Supports platform
■ Concerned about BDCP process, SWRCB and Delta Vision Strategic Plan
■ Antioch has pre-1914 rights and is an in-Delta user
■ BDCP projects have impact on X2 (water quality regulations)
■ Key issue is Sacramento flows and increase in San Joaquin River flows
■ Governance needs to be changed but need to maintain water rights in
Delta Protection Act.
■ Supports leading paragraph overarching objective
Greg Gartrell — Contra Costa Water District
■ Immediate actions are proposed in Delta e.g, western levees emergency
plan, habitat restoration., fish screens, subsidence reversal.
■ Resources dropping to 1977 drought levels.
■ California Urban Water Agency support immediate actions.
■ Add section to platform on immediate actions.
■ Adequate flow can be based .on Bay Institute work, not just a static
number but needs to be' variable flows to meet ecosystem needs.
■ SB 2175 — Conservation is the key to solve problem, also Ag water
conservation.
Barry Nelson — Natural Resources Defense Council
■ A lot of common ground between CCC, environmental (caucas) on water
supply, recreation, agriculture, etc.
■ Delta managed as a source of exports. Need to manage for all system
needs
■ Ecosystem is now in collapse. Salmon fishing is about to be closed down.
due to ecosystem health (NRDC issue paper July 2008: Fish Out Of Water)
Recommendations
■ Focus on Salmon fishing within Ecosystem or separate section on
economic fishing industry.
■ Governance; add to improve management of State & Fed water projects,
not just land use issues.
■ Pg 6; Delta outflow need to reduce exports and need to guarantee
adjustment flows within San Francisco Bay. Need to study reduced exports.
Need to include management of water diversions through Delta. Need to start
with CVP and SWP since they are by far the biggest exporters.
■ Island at greatest failure risk is Sherman that has Highway 160 through it.
■ Need ecosystem restoration to bring back subsided islands. Now it is
hard to determine to abandon some islands since many have infrastructure.
■ Decisions need to be made on science before P Canal is built.
■ Need to have specific (PC) proposals submitted in order to analyze
impacts to Delta
■ BCDC good example of how a body can be put together, Bay Area not
represented on DPC, BCDC has been effective and non-controversial.
Tim Donahue — Sierra Club, Delta Chapter.
■ Cautious about reactionary planning; government through crisis (e.g. oil
crisis and we did nothing since 1970's, housing foreclosure crisis)
■ Need to declare a crisis and have scientists tell us what to do
■ Conservation is top priority (including agriculture)
■ Opposed to P. Canal and surface storage
Brian Campbell — East Bay Municipal Utility District
■ EBMUD supports and collaborates with CCWD on immediate actions and
levee rehabilitation
■ Fish; should include migratory species and their needs for flows during life
cycle
■ Need to give credit to agencies for their good work and studies done when
looking at reductions or Delta water management and credit for advance work
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08/18/2008 03:54 PM cc
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Subject Fw: Harvest of Cash
MEDIANEWS WATCHDOG
Harvest of cash: Kern County agency buys
public water low, sells high
By Mike Taugher
Contra Costa Times
Article Launched: 08/09/2008 00:20:44 PM PDT'
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Delta fish suffered a crippling decline while taxpayers paid nearly$100 million to a Kern County
water wholesaler for an environmental protection program that was largely ineffective, a Contra
Costa Times investigation has found.
In the process, the wholesaler sold water to the state for as much as $200 an acre-foot and last
year bought water from the state for as little as $28 an acre-foot.
The Kern County Water Agency was the biggest buyer in a program that delivered discounted
Delta water in a way that now appears to have been particularly harmful to the environment. It
also was the biggest seller.of water to an ill-fated, publicly-financed state program meant to
protect the same environment, theinvestigation found.
The Kern agency collected $96 tnillion in taxpayer money nearly all of it borrowed on the
bond market—for sales to an "environmental water account" that was shelved after seven years
at the end of 2007, records show.
While state water officials took steps to ensure they did not directly repurchase the discount
water, the exchanges amounted to "classic arbitrage," where investors exploit price differences in
financial instruments, said Barry Nelson, a water policy analyst at the Natural Resources Defense
Council.
"What makes this arbitrage so remarkable is they're buying the water and selling the water.to the
same entity, using water that should never have been pumped in the first place," Nelson said.
The newspaper's investigation, which spanned six months and involved dozens of interviews and
reviews of hundreds of pages of documents, some of which were obtained through the California
Public Records Act, reveals:
• Regulators were kept in the dark as the California Department of Water Resources delivered
far more discounted Delta water than was specified in it.s environmental permit_more than
four tunes as much in 2005. The pen-nit contained restrictions that were supposed to protect Delta
smelt, a tiny fish whose population has collapsed along with a large part of the Delta's ecosystem.
• Although state water officials -took steps to keep the discount water sales to Kern County and
the purchases of environmental water separate, those safeguards may have been compromised.
Documents show Kern County water managers discussed trading water that was ineligible for
sale to the environmental water account for water that was eligible in order to facilitate sales.
• Some researchers believe that increased pumping of Delta water at times when the discount
water deliveries were occurring-- far in excess of permit limits in the past few years—may
have contributed significantly to the ongoing collapse of Delta smelt, which triggered a court
order last year sharply restricting Delta water deliveries and tightening water supplies in parts of
the state.
• The Kern water agency wrested control of the Kern Water Bank from the state in the 1990s by
withholding needed local approval and eventually trading a small portion of its contractual water
rights for the 20,000-acre site.. The bank enhanced the region's ability to buy and sell water.
• Proceeds from the taxpayer-financed water sales were distributed to Kern County landowners
in some cases. In 2003, for example, the sales brought $1.4 million in net revenue to one of the
water districts within the.Kern County agency. That money, "a return on the substantial
.investment of the district in the acquisition and development of the Kern Water Bank," was
distributed to landowners; according to meeting minutes from the Wheeler Ridge-Maricopa
Water Storage District. The two water districts the newspaper has identified to date that
distributed proceeds to landowners are controlled, at least partly, by some of the wealthiest land
companies in California
The story of how a powerful water agency was able to gain advantage in state water initiatives
developed during the 1990s is coming to light as California's top political leaders once again try
to deal with a broken water delivery system.
After a punishing drought that ended in the early 1990s, a series of deals were negotiated to
stabilize water supplies and protect the environment. Rather than impose cutbacks on water users
or accept some environmental degradation, the deals promised all sides' interests would be served.
by programs paid for with taxpayer-backed bond funds.
It didn't work.
Instead, the spigot to the state's biggest water users flowed with record amounts.of water from the
Delta beginning in 2000.
And as Delta water pumping reached new highs boosted in part by the new discount water
program, especially in the past few years— several fish populations crashed, including Delta
smelt, longfin smelt, striped bass and threadfin shad.
Pollution, invasive species and other factors are likely also to blame for the collapse, but Delta
pumping was a in factor, biologists say.
The ecological crisis became severe enough that last year a federal judge stepped in and ordered
sharp restrictions on Delta pumping.
The result: Despite at least $3 billion spent since 2000 to improve Delta water supplies and the
environment, the West Coast's largest estuary is experiencing an ecological collapse and
Californians appear to be faced with years of uncertainty about the reliability of future water
supplies.
.The programs set up by the state to sell surplus water in wet years and to buy water for the
environment were never directly linked.
But both were among the many initiatives that grew out of attempts to resolve water problems in
California.
The Kern County Water Agency was the largest participant in both, thanks in part to its takeover
in 1995 of a 20,000-acre groundwater bank that the state purchased seven years earlier.
It was in the bank that the Kern water agency stored. about one-third of its purchases from the
discount water program and from which it delivered about 60 percent of its sales to the
environmental water account, according to the agency.
At the same time, the new discount water program known as Article 21 was set up to encourage
water agencies like Kern and the Metropolitan Water District of Southern California to buy
surplus water during wet periods and store it in local reservoirs.
Under Article 21, the agencies buy the water for the'cost of pumping it. The idea was that once
the water was stored in the southern part of the state, it could be used in dry years when less
Delta water is available.
But in recent years the water districts took far more Article 21 water than was authorized by the
U.S. Fish and Wildlife Service, and some researchers now think that an increase in Delta
pumping during winter—:the same months when Article 21 water is delivered—might have
contributed significantly to the ongoing Delta smelt collapse.
".It really looks like that was a hit.on the head," said Bruce Herbold,.a,fisheries biologist at the
U.S. Environmental Protection Agency.
Separately, the environmental water account was supposed to provide supplemental protection
for the Delta without restricting water users.
The Delta is home to hundreds of species and a crucial link in the migratory paths of birds and
.salmon. It is also an unrecognizable version of its former self, badly degraded by pesticides,
pollution and invasive species.
But the water deliveries from the Delta command the most attention.
Inevitably, especially at the high levels of recent years, pumping water to more than 23 million
Californians and 2 million acres of farmland degrades habitat and kills fish, larvae and eggs.
The environmental water account was set up to counter that problem by giving regulators greater
flexibility to slow Delta pumping;to prevent fish from being sucked into the pumps.
But the water account also put regulators on a budget. If they wanted to decrease pumping rates,
they had to keep water users whole by delivering water from the account.
Despite the bond funds, the environmental water account never had enough money or provided
as much water as planners promised. In addition, the original plan was to use the enviromnental
water account to supplement existing environmental water assets. But a key court ruling reduced
the other assets, forcing the environmental water account,to make up the difference.
In other words, the account was not as big as promised and it had to buy more than was expected.
After spending nearly$200 million in public funds,!the environmental water account expired at
the end of 2007.
Despite the expense to taxpayers and the continued decline.in enviromnental conditions, both
programs worked well for Kern County.
4
The $96 million in sales to the environmental water account since 2001 was more than twice as
much as sold by any other water agency in the state; records show. Half of all the money spent by
the environmental water account went to the Kern agency.
And the.bulk of the purchases were financed with the proceeds from environmental bonds
authorized in 1996 by Proposition 204 and in 2002 by Proposition 50, meaning taxpayers will be
paying for those purchases for years to come, with interest.
The price taxpayers paid for environmental water, before interest: typically between $170 and
$200 per acre-foot.
Kerh paid much less.
The price for Article 21 water varies, but last year Kern paid $28 per acre-foot. And, in 2007, the
average price it paid for all Delta water—both Article 21 and its standard contractual water—
was $86 per acre-foot, according to the Department of Water Resources.
Kern County water officials.said the $170 to $200 per acre-foot they charged the environmental
water account was appropriate.to cover the cost'of their water phis the expense of building,
maintaining and operating the ini:rastructure to,store.the water and deliver it back to canals.
They also said a portion of the proceeds was set aside to buy replacement water in dry years.
And state water officials could not get water to thirsty parts of the state at a better price, they
said.
"We were the most economical game in town," said James Beck, general manager of the Kern
County Water Agency.
The state Department of Water Resources, meanwhile, only bought "previously stored" water—
basically, Delta water that was injected into Kern County aquifers during the wet years of the late
1990s.
But minutes of meetings show Kern County water managers discussed and perfonned trades to
accommodate sales to the environmental water account—and to save the expense of actually
pumping the water out of the ground.
In other words, although a lot of water was sold to the environmental water account from the
aquifers beneath Kern County, those transactions were often paper trades that resulted in
relatively little water actually being pumped out of the ground.
During a May 2003 meeting, for example, water managers made note of the fact that despite
"substantial" sales of water from Kern.County to the environmental water account, the region's
groundwater had.not been drawn down much because most of the sales were achieved through
trades and other exchanges, "rather than outright sales and extractions," according to minutes
from a meeting of the Wheeler Ridge-Maricopa Water Storage District.
Beck, meanwhile, said that in some cases his agency sold Article 21 water directly back to
taxpayers. At least 3 percent of the water sold to the environmental water account came directly
from Article 21, according to figures provided by the agency. That water would have been
eligible for sale to the environmental.account so long as it was stored in the late 1990s.
"It's a little bit of a shell game," said Jim White, an environmental specialist,at the California
Department of Fish and Game. "It's not as if they(the state Department of Water Resources)
were selling Article.21 in 2006 (and buying it back the same year). But you could say, what
difference does it make?"
It was "water laundering," said a critic at an environmental group that sued over the agreements
that resulted in Kern getting the water bank and the water discount.
"People ask how we.could spend billions of dollars and still have the fish crash. This is the type
of thing we were setting up," said Mindy McIntyre, a water policy analyst at the Planning and
Conservation League.
"In the end, the public ends up paying," she said. "Not just with loss.of species, but then bond
funding and, of course, awater crisis."
Since 1995, the Kern County Water Agency bought 1.2 million acre-feet of water under Article
21, making it the biggest purchaser of that category of water, according to a tally of annual
purchase records compiled by the;Times. The next biggest purchaser was the Metropolitan Water
District of Southern California, which bought about 830,000 acre-feet.
Those numbers are higher than environmental regulators expected, and the Department of Water
Resources in recent years delivered far more Article 21 water than was approved in the
endangered species permit that was meant to protect Delta smelt.
The U.S. Fish and Wildlife Service permit called for 168;000 acre-feet of Article 21 deliveries in
an average year. In 2005, state water managers delivered a record 730,000 acre-feet in a year that
was only slightly wetter than average.
Kern County alone took a record amount that year, 453,000 acre-feet.
An acre-foot is enough water to cover a football field with 1 foot of water, or enough generally
for two families of four for a year, meaning Kern's share of discounted water that year was
enough for 3.6 million people or enough to.irrigate 150,000 acres of farmland with 3 feet of
water.
The higher Article 21 deliveries were the result of Kern County water officials becoming more
sophisticated.about how to schedule their water deliveries, said one top state water official.
"A lot of this was a cost saving mechanism," said Jerry Johns, deputy director of the Department
of Water Resources. "They got smarter about how to request this stuff, rather than us changing
the rules. These guys are not stupid."
Normally, when an endangered species permit is violated, the agency holding the permit in
this case the Department of Water Resources—would be expected to ask regulators to reopen
the permit for new analysis and modifications.
That did not happen.
Instead, the U.S. Bureau of Reclamation, a federal water agency that was also a party to the same
Delta water permit, asked for a new permit in July 2006.
Its request did not mention the state's Article 21 deliveries.
Rather, the federal agency requested a new permit because Delta smelt numbers were falling
drastically.
The overdeliveries, meanwhile, went unnoticed by federal.regulators because they never
expected the Article 21 program to be a significant source of water.
"There wasn't a great focus on how much it was because it was supposed to be infrequent," said
Fish and Wildlife Service spokesman Al Donner.
Because the permit is being rewritten to correct other legal and biological deficiencies, nothing is
expected to be done about past over-deliveries of Article 21, Donner said.
The environmental toll of what happened is unknown.
But one leading theory about what may have contributed to the Delta fish crash suggests that
pumping out of the Delta during the early months of the year could have been particularly
damaging to Delta smelt and other fish.
It is during those periods-that genetically superior smelt spawn, some researchers now believe. If
pumping in those months killed the early-spawning fish and their offspring, it might have
removed the fish that had the best chance of survival.
If correct, the theory would place a finger of blame on the State Water Project, and in particular
the increased water deliveries that coincide with Article 21 deliveries.
In retrospect, the possibility of a link between increased deliveries of Delta water to places like
Kern County and the collapse of the Delta's environment appears foreseeable.
In 1991 two years before Delta smelt were listed for protection under the Endangered Species
Act—a U.S. Fish and Wildlife Service regulator.warned that if the Kern Water Bank, which at
the time was owned by the state, were opened, it would lead to increased pumping out of the
Delta and harm to fish, specifically Delta smelt and 'winter-run chinook salmon.
"The reason for this concern is that water storage capacity within the Kern Water.Bank would be
filled through additional water exports from the Delta averaging approximately 90,000 acre-feet
per year," said the 1991 letter from the agency.
That prediction, which was at least roughly on target, appears to have gone ignored.
Mike Taugher covers natural resources. Reach him at 925-943-8257 or
mtau ler(cLbayareanewsaroup.com.
ADDENDUM
August 19, 2008
Agenda Items D.1
On this day, the Board of Supervisors considered adopting a revised Draft Delta Water Platform
and Introductory Statement and authorizing the Chair, Board of Supervisors, to send letters
thanking commentators from the Board's July 29, 2008 Delta Water Workshop.
Dennis Barry, Conservation and Development .Director, introduced the item.
Roberta Goulart, County Water Agency, noted that the current version of the platform shows
modifications tbrou`h the "track changes" feature to indicate changes made as the result of the
Board's comments and comments received at the Board's July 29 Delta Workshop.
As a point of interest, Supervisor Piepho distributed to her colleagues and added to the record an
August 9, 2008 article from the Contra Costa Times titled "Harvest of Cash: Kern County
Agency Buys Public Water Low, Sells High." Supervisor Piepho also read from an August 16,
2008 Contra Costa Times editorial titled "Costly water shell game points to need.for reservoirs".
"article 21 is a shcnneful exaniple of'a stale ivater program that backfired There
})(ls insufficient orersight which allowed for ,the excessive/) large water
deliveries and the degradation of the Delta. In effect, Article 21 was nothillg
more than a Shell game shat allowed a ~rater ag-ency to bilk the public and do
el1Vil-0171nental harm. Z'Jgfortiaiatel), it iS not an isolated case (•/ water policy
fClTllll'e. 1�1 -e than S3 billloll has bL'c'71.-pent since 2000 in effJY'/.0 to 1n71J/'Ol'e the
Delta environnlent and water. supplies. The residl has beel1 all ecological
collclpse and a count order to sharply Y'edllce 11'ater dellver'ieS. Ever}gone is the
loser. "
Supervisor Piepho added that we are tip against a mountain of politics on this issue.
Supervisor [Jilkema suggested the County's number one priority should be water duality and the
duality of the Delta outflow, and said the Board should be saying, "We will have.minimal
withdrawals from the Delta until the system is restored to some semblance of health." She
suggested the health of the fish could be the criterion for measuring the health of the Delta.
Mr. Barry responded that the platform will be modified to show that fisheries should be used as
an indicator to measure Delta health.
Supervisor Uilkema said the Board's second priority should be the issue of conveyance,
emphasizing the outflow to the Bay so that it does not appear that the regions to the south are the
only component in consideration. She suggested the third priority should be the issue of
emergency planning. She added that over time, priorities may need to be re-ordered due to
shifting of issues at the state level.
Supervisor Uilkema then referred to language on page 10 of the platform: "Continue to urge
reduction in the discharge or agricultural drainage to the San Joaquin River and its tributaries
through implementation of the Grasslands Bypass project, including crop fallowing and/or
acquisition of problem areas." T'he Supervisor said that stronger wording may be in order here to
D.1 August 19, 2008
Page 2 o f 2
indicate that in there should be no opportunity for discharge of damaging agricultural drainage
into .Delta drinking water.
Supervisor Bonilla said it n1akes a lot of sense.to order the Board's priorities in the platform. She
also said it could be useful to identify short-tem goals. She added it would be helpful to know.the
priorities of other Delta-area counties, so we can find strength in areas of concurrence.
Supervisor Piepho commented tJ:iat if`Protect and.Restore'°,Vvere the number one priority, it
would follow suit that water quantity and quality are also of high importance. She said the
second priority could then be emergency response, the third could be outflow, the fourth could
be levee restoration, the fifth could be flood plain.protection, and the sixth could be self-
sufficiency, followed by other issues such as legislation.
Ms. Goulart responded that the Platform is a big document. She said it would be worth
considering whether the Board's priorities should be spelled out in that document itself or in a
st.immary statement or executive summary. She said prioritization might lend itself better to those
types of documents.
Supervisor Bonilla said it will probably require another discussion to go through issues of
prioritization and rationales..
Supervisor UiIkema noted that Don Blubaugh, staff of the Contra Costa County Mayor's
Conference, expressed reluctance at placing the Board's Delta Platform on a Mayor's
Conference agenda without the Board's decisions on the Platform being .final.
Chair Glover noted that the Platform is going to be.a work in progress but that we should move
forward in the process.
Supervisor Piepho added that the Board is seeking input on the document and useful input could
be received from the Mayor's Conference.
There was no public comment on this item.
By a uncinimous vote with, zupervisor Gioia nhsenl, the Bow-(l of'Suhervisom took the,f rlloiving
action:
ADOPTED the latest revision to the Board's Draft Delta Water Platform and Introductory
Statement;.AUTHORIZED the Chair, Board of Supervisors, to send letters thanking July 29,
2008 Delta workshop commentators; and DIRECTED staff to distribute the Platform to the
Contra Costa County Mayor's Conference for presentation to Contra Costa's cities and
jurisdictions.