HomeMy WebLinkAboutMINUTES - 09232008 - C.30 SE LContra
TO: BOARD OF SUPERVISORS `? Y�
FROM: DAVID TWA,
Costa
County Administrator
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DATE: September 23, 2008 County
SUBJECT: Transmittal and Communication of Delta Water Platform
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
AUTHORIZE the Chair of the Board, Supervisor Federal D. Glover, to co-sign a letter with the Chair
of the Contra Costa County Mayors' Conference, Sue Rainey, transmitting the Board-adopted and
Mayors' Conference-adopted "Contra Costa County Delta Water Platform" to our legislative
delegation and other interested parties, as recommended by the County Administrator.
DIRECT the County Administrator to review legislation to identify bills that affect the County's adopted
Water Platform and to communicate positions on specific bills consistent with the Platform or to
recommend positions on specific bills for consideration by the Board of Supervisors when there is no
explicit policy direction in the Platform.
AUTHORIZE Board members, the County's federal and state legislative representatives and the
County Administrator, or designee, to prepare and present information, position papers and testimony
in support of the Water Platform.
FISCAL IMPACT:
No fiscal impacts associated with this action.
BACKGROUND:
On August 19, the Board of Supervisors adopted the "Contra Costa County Delta Water Platform"
after an extensive public outreach process during its development. At its September 4, 2008
meeting, the Contra Costa Mayors' Conference also voted to adopt the Platform. (See Attachment
A.) The Platform is intended to guide the County on federal and state water-related legislative and
budgetary issues of interest or concern to the County. More specifically, the Platform details the priority
issues and policy positions of the County with respect to a myriad of Delta Water issues. The Platform,
however, is a dynamic document that may be updated or amended during the year as the need arises.
Based on the priorities and policies in the adopted Platform, staff will assess issues, bills, bonds, and
budget items that arise during the legislative sessions for conformity with the Platform. To react nimbly
and effectively to legislative proposals, the CAO will communicate positions that are consistent with the
adopted Platform or recommend an appropriate position to the Board of Supervisors when there is no
explicit policy direction in the Platform.
CONTINUED ON ATTACHMENT: x YES SIGNATURE: ���/1 /t�✓
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA COMMITTEE
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SIGNATURE(S): 96-�ee
ACTION OF BOA N o � �, fie? �YJL]� APPROVED AS RECOMMENDED OT
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
UNANIMOUS(ABSENT THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN:
Contact:
L. DeLaney 5-1097
Cc: ATTESTED
R. Goulart, Conservation&Development OAYFG TWA,CLERK OF THE BOARD OFSUPERVISORS
BY: DEPUTY
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Contra Costa County
Delta Water Platform
Introduction
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.
Contra Costa County
Delta Water Platform
Not in priority order
All policies are listed as bullets and are in bold under the subject categories.
Support Short Term Actions to be implemented
immediately
• Support and advocate for immediate implementation of specific
short-term actions to improve the ecosystem, water quality, and
the fishery. These projects include:
o western and central Delta levee improvements.
o water quality and fishery improvements at Franks Tract.
o additional and improved fish screens at pumps.
o subsidence reversal.
o habitat improvement projects.
o emergency response planning.
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Conveyance: Through-Delta and Isolated Conveyance
• Support through-Delta conveyance.
• Support the "common Delta pool" doctrine.
• Support study of all other credible alternative conveyance
strategies.
The "common Delta pool" concept is one in which the common resource (the Delta)
provides the same quality freshwater supply to all Delta diverters, which share
responsibility to maintain, restore, and protect the resource. Through-Delta
conveyance is the method by which this is accomplished, by allowing Sacramento
River flow through Delta channels to the south Delta and the export pumps.
• Isolated Water Transfer: The following key planning issues must
be addressed in a timely manner or a renewed opposition position
on an Isolated Water Transfer Facility (Peripheral Canal) will be
considered:
o Maintain/Restore Delta water quality and supply for existing area users.
o Ensure adequate outflow to the Bay for ecosystem health.
o Consider reduced export scenarios in new (proposed) plans and
programs.
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Contra Costa County
Delta Water Platform
Not in priority 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 mitigation 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 on the whole San
Francisco Bay-Delta system, in addition to the Delta.
Currently planned isolated water transfer scenarios would affect the common Delta pool,
since all diverters would no longer be taking water from the same "pool". There would
be no incentive for exporters using a Peripheral Canal to preserve the Delta resource.
Dual conveyance is also being considered, which would allow some through-Delta and
some isolated conveyance. Existing information suggests that isolated facilities would
degrade water quality in the Delta and compromise outflows from the Delta to the Bay by
removing significant amounts of high quality Sacramento River water and leaving lesser
amounts of poor quality San Joaquin River water in the system, (the degree of impact is
dependent on a number of factors including amount of exports, when and where water is
taken, capacity etc.) There is an expectation by some parties that a new isolated facility
(depending on how it is defined), coupled with storage, may have potential to improve
operational flexibility to meet both ecosystem and water supply needs.
Conveyance studies currently being conducted by DWR on a peripheral canal include an
eastern alignment as well as a western alignment that runs through Contra Costa
County.
The current state of the Bay-Delta Estuary is negatively impacted by lack of water in the
system (i.e. high volume exports, especially during dry years), and the amount of exports
is at least partially responsible for the recent collapse of the Delta ecosystem.
Diversion of a significant amount of flow from the Sacramento River will have adverse
impacts to water quality by, among other things, creating a saline environment in the
west Delta and by allowing more pollutant-laden San Joaquin River water into the Delta
(significantly less San Joaquin River water would be pumped south). Current proposals
include creating a saline (tidal) ecological environment for the western Delta or with
"variable" water quality (brackish/saltwater with fresh flow pulses) in place of the
current freshwater regime.
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Contra Costa County
Delta Water Platform
Not in priority order
Some studies are illustrating a conflict between a higher water quality standard needed
for human consumption and the optimal water quality for ecosystem health, with its
myriad of micro-organisms. This could create a conflict for western delta water users.
Water Storage
• 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).
• Support groundwater management programs and support
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.
The State's existing water supply and flood control systems are inadequate and, with
climate change (decreased Sierra snow pack, and increased rainfall,flood, and sea level
rise), will become even more so. The proposed traditional, large-scale, single purpose
surface storage facilities need to evolve into smaller, regional, multi-purpose facilities.
Multi-purpose facilities can better address climate change impacts and are more cost-
efficient than traditional surface storage facilities.
Conjunctive use is the management of groundwater and the aquifer in which it resides
through recharge with surplus surface water. Groundwater is then typically used during
dry periods when surface water supplies are not as abundant. Conjunctive use has fewer
environmental impacts than surface storage options.
Protect and Restore the Delta Ecosystem
• Support ecosystem-based scientific research to determine what is
necessary to protect and restore the Delta and support
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Contra Costa County
Delta Water Platform
Not in priority order
implementation of recommended actions resulting from these
studies.
• Support efforts to restore native fish populations:
o Thresholds for healthy fish populations must be set significantly
higher than past estimates to avoid species' continued listing as
endangered.
o Restore and maintain the commercial and recreational salmon fishery
in the Bay-Delta ecosystem by implementing state and federal policies
of doubling salmon populations.
• Support acquisition of priority habitat areas (aquatic and
terrestrial).
• Support habitat improvement projects (including Dutch Slough, Suisun
Marsh).
• Support projects that benefit migrating waterfowl.
• Support study of mercury methylation in planning, evaluation,
restoration and monitoring activities.
Methyl mercury is a bio-available form of mercury that accumulates in the food chain
and is highly toxic. Methylation is the process by which mercury becomes chemically
active.
Water Conservation
• Support and encourage water conservation activities as a primary
first step in any proposed statewide water management strategy.
• Support and encourage water conserving landscapes.
• Maximize reuse of reclaimed wastewater.
• Support acceleration of mandatory water meter requirements
throughout the state.
• Support and advocate for improved agricultural water
conservation practices.
o Encourage elimination of high water use crops such as cotton, alfalfa,
and rice (with exceptions where there are multiple benefits).
o Encourage creation of significant water savings through improved
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 efficiency.
8/19/08 Page 4
Contra Costa County
Delta Water Platform
Not in priority order
The County has historically supported conservation through development of a water
conservation landscape ordinance, a dual plumbing ordinance to maximize use of
recycled water where feasible, and an ordinance to use recycled water for dust control
and compaction for construction purposes during drought. Water conservation is
emphasized, as it has multiple benefits: it reduces water demand, reduces water
treatment requirements and reduces energy use.
The recycled water ordinances are dependent upon the level of commitment of the
respective water districts and, to some extent, the wastewater agencies, to provide
recycled water. It is anticipated that additional state conservation requirements will be
forthcoming as a result of the Governor's declaration of a comprehensive water plan
(20% reduction in water use by 2020). The County could also consider expansion of
greywater use where practicable.
A regional self-sufficiency policy would dictate that conservation, regional groundwater
and surface water storage, reuse of reclaimed wastewater and even desalination (where
practicable) should be required in areas dependant upon exports from the Delta.
Governance
• Support a new Delta ecosystem and water management
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
considering alternate structures for governance of the Delta in the areas of Water Supply
and Ecosystem, Land Use and creation of a possible Delta Conservancy. There is a
great deal of concern over development of the Delta floodplain and adjacent areas. As a
result, consideration of alternative land use authorities and new legislation is currently
being contemplated.
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Contra Costa County
Delta Water Platform
Not in priority order
There is an inherent conflict between ecosystem health and the supply of water to
California which needs to be addressed. Because of the significantly degraded state of
the Delta, there is recognition that the priorities of existing agencies will not include the
ecosystem in a meaningful way. The Delta Vision process has recognized that ecosystem
and water supply are co-equal goals that cannot adequately be addressed within the
existing governance structure. Restructuring and regulating the State Water Project and
Central Valley Project are identified as a critical first step, as these are by far the largest
water users.
Any governance structure should be managed in an objective, knowledgeable and
representative manner. The governing body should have funding to conduct studies to
generate the information necessary to manage the system, refine it as necessary and meet
management objectives to avoid constantly operating in crisis mode.
Levee Restoration
• 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 repair.
• 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 supported the ongoing maintenance and structural restoration of
Delta levees and has actively advocated for funding toward this end, establishing the
Delta Levee Coalition with the Contra Costa Council. The eight western Delta islands
(six of which are within the County) are critically important, not only to residents, but
also to the protection of water quality and supply to 25 million Californians by
preventing saltwater intrusion into the Delta.
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Contra Costa County
Delta Water Platform
Not in priority order
The water exporters and the State Department of Water Resources (DWR) have
reevaluated the importance of these western delta levees and are reluctant to commit
significant funding (funding that could go to a canal instead) due to several factors.
First, DWR has placed rock for "emergency purposes" in several areas of the Delta to
block the channels (preventing saltwater intrusion for exporters) in the event of a
multiple levee break. Second, the western levees are thought to be at higher seismic risk,
due to nearby faults, and as a result, will be more expensive to fix than levees in the
larger Delta.
The levees protect many areas that are below sea level due to subsidence, rendering the
levees less stable. Climate change impacts of rising sea level and higher flow regimes
(due to greater rainfall, less snow) will exacerbate the situation. Recent work by local
Delta engineering firms have established that levee repair costs for western Delta levees
are not as high as anticipated by DWR's studies, and there are additional options to
reduce seismic risk.
Levees also protect critical infrastructure including EBMUD's aqueducts, highways,
railroads, gas wells, electric lines etc.
Smaller communities behind levees, such as Bethel Island, Hotchkiss Tract and other
communities should benefit from the same level of protection as larger "urban"
communities. Urban communities (over 10,000 population) as defined in recent
legislation will be required to have a higher standard of levee protection (from a 100-
year to a 200 year standard). Funding support for levee strengthening should also be
readily available for small communities protected by levees.
PL-84-99 levee design standards are used by the U.S. Army Corps of Engineers (Corps)
for levees over which the Corps has jurisdiction in the Delta. These standards are slightly
higher than Hazard Mitigation Plan (HMP) standards currently in use, and are
recommended as a minimum standard for Delta islands remaining in agricultural and
other non-urban uses. With climate change, it is anticipated that more stringent
standards would be required over time. Because of large-scale changes currently being
contemplated for the Delta, a number of Delta islands will be converted to other uses,
such as habitat (aquatic and terrestrial) and floodplain. As a result, levees on these
islands would not be subject to the above-mentioned minimum standards, reducing costs
of levee maintenance to some degree.
Water Quali _, Water uantit and Delta Outflo
• Support efforts to protect and improve water quality, water
quantity and Delta outflow.
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Contra Costa County
Delta Water Platform
Not in priority order
• 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.
• Require a guarantee of adequate flows for a healthy Delta. Based
on existing information, this will require a permanent reduction
in average exports. Use thresholds for healthy fish populations as
an indicator to identify adequate flows.
• Require consideration of reduced export scenarios in new
(proposed) plans and programs.
• Support reexamination of the State Water Project and Central
Valley Project operations due to the decline of the Delta ecosystem
and collapse of the fishery.
The current state of the Bay-Delta Estuary is negatively impacted by lack of water in the
system (i.e. high volume exports, especially during dry years), and the amount of exports
are at least partially responsible for the recent ecosystem collapse.
San Joaquin River flows have higher levels of salinity and selenium than Sacramento
River water. As a result, an isolated transfer facility taking significant amounts of
Sacramento River water out of the system will decrease water quality in the Delta by
allowing much more San Joaquin River water into the Delta system. Currently,pumps in
the south Delta take some San Joaquin River water south.
Reduced outflows will result in the migration of the salt water/fresh water interface (X2
zone) eastward from its current location near Antioch, impacting municipal and
industrial water intakes and habitat.
Pollutant loading in Delta waters in and around the county can be increased either by
reducing the Delta outflow or by modifying current water management practices (such as
installing an isolated transfer facility). Increased pollutant loads in the Delta will result
in modification of water quality standards in County NPDES and TMDL permits for
County creeks and streams that discharge into the Delta. This will significantly increase
the cost for permit compliance. (See additional discussion under the Peripheral Canal
section).
Flood Protection/Floodplain-Management --- -_
• Support preparation of a comprehensive Flood Management Plan
for the Delta.
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Contra Costa County
Delta Water Platform
Not in priority order
• 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.
• 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 standards are changing to a 200 year standard. Flood Control
Districts are having a hard time funding new facilities or modifying existing facilities to
meet the old standard of 100 years, let alone upgrade to a 200 year standard. There
needs to be a funding mechanism in place that allows flood control districts and counties
to raise revenue similar to a wastewater district 'or a water district. Currently
Proposition 218 exempts wastewater and water districts from voting requirements to
raise rates to properly manage their infrastructure. Proposition 218 needs to be modified
to include a similar exemption for flood control and stormwater infrastructure.
In an undeveloped watershed, stormwater remains within the watershed a long time
(resident time). As a watershed develops, resident time is reduced and flood flows
increase as stormwater quickly runs off paved surfaces. A watershed management plan
is a useful tool to develop strategies to increase resident time and help reduce flood flows
in amore natural manner.
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Water Rights and Legislative Protections
• Support and preserve existing water rights and legislative
protections established for the Delta and its environs.
The system of water rights in California is governed by `use', or more specifically,
`beneficial use'. Riparian rights (ownership of land adjacent to a surface water source)
are senior water rights over most `appropriative' water rights (which have required a
permit since 1914). Most water users in the Delta use water pursuant to riparian and
pre-1914 water rights, which are among the most senior water rights in the state. The
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Contra Costa County
Delta Water Platform
Not in priority order
State Water Project and Central Valley Project are based on junior appropriative water
rights.
The Watershed Protection Act and the Delta Protection Act (county-of-origin and
watershed-of-origin laws) were an integral part of the political and legal negotiations to
build and export water from the Delta for the Central Valley Project and the State Water
Project. These laws protect future reasonable and beneficial water uses for the areas
providing the water so these areas would not be deprived when additional water became
necessary. The Delta Vision Task Force has reviewed this issue and questions the need
for continuance of these laws. These Acts also include the Delta common pool doctrine.
Regional Self-Sufficiency
• Support Regional Self-Sufficiency where all regions are required
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, maximizing reuse of reclaimed wastewater, groundwater and
surface water storage, and consideration of desalination where appropriate should be
considered as strategies to enhance water supply in areas dependent on exports.
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Emergency Response
• 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.
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
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Contra Costa County
Delta Water Platform
Not in priority order
implementation of the Grasslands Bypass project, including crop
fallowing and/or acquisition of problem areas.
San Luis Drain: The U. S. Bureau of Reclamation is under a court injunction to evaluate
and implement options for providing drainage services for the west side of the San
Joaquin Valley, which contains toxic concentrations of selenium and other hazardous
substances. The San Luis Drain, one option studied, would pass through Contra Costa
County to discharge in the Delta. The U.S. Bureau of Reclamation has elected to address
the problem without building the Drain but Congress would need to appropriate the
funds before this alternative could be implemented and the injunction requiring provision
of drainage service still looms.
The County will continue to oppose the San Luis Drain option and support instead
drainage solutions in the valley, such as reducing the volume of problem water drainage;
managing/reusing drainage waters within the affected irrigation districts; retiring lands
with severe drainage impairment (purchased from willing sellers); and
reclaiming/removing solid salts through treatment, bird safe/bird free solar ponds and
farm-based methods.
Grasslands Bypass: Since 1996, the U. S. Bureau of Reclamation has authorized farmers
in the Grasslands area of the San Luis-Delta Mendota Water Authority to discharge
drainage through an existing portion of the San Luis Drain to a tributary of the San
Joaquin in order to bypass wildlife refuges that were previously downstream of the
agricultural drainage. The San Joaquin River is the ultimate destination for the drainage
with or without the bypass project, known as the Grasslands Bypass Project.
In addition to avoiding the sensitive wetlands in the refuges, the Grassland Bypass
Project requires a number of measures to reduce the downstream impacts of the
drainage, including creation of a drainage authority to assume responsibility for the
farmers'collective obligations, monitoring of discharges and impacts, limitations on the
load of selenium and salt in the drainage and various enforcement measures including
provisions to terminate the Project if discharge limits are exceeded. In the first eight
years of implementation results have been good and discharges have been steadily
declining. The County will support continuing reduction in agricultural drainage
through the Project such that agricultural drainage discharges to the River will decline
to zero no later than 2019.
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Contra Costa County
Delta Water Platform
Not in priority order
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.
Climate change in the Delta will have wide-ranging impacts, due to decreased Sierra
snow pack, and increased rainfall, flood, and sea level rise. Any current or future
planning efforts or implementation measures for the Delta must analyze and address the
impacts of climate change.
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