Pending Policy Decisions

The Sacramento region must work together to gain protection from - or mitigation for - upcoming Delta policy decisions that will dictate the governance in how the Delta region, and its water, is utilized. Criticisms of these policies are rooted in the potential threats they pose. By nature of our proximity to the Delta and interdependence of water resources,, Sacramento - and its water supplies, land use authority, wastewater treatment operations, storm water operations, flood protection and economy - will likely be impacted by policies aimed at solving the issues facing the Delta and securing water for other parts of the state.

The Delta Stewardship Council's Delta Plan

Created by the water bond legislative package in 2009, the Delta Stewardship Council (the Council) has broad authority over activities conducted within the greater Delta area. The Council must adopt and implement a comprehensive management plan - known as the Delta Plan - for the Sacramento-San Joaquin Delta. Per statue, the plan was required by January 1, 2012, but it will not be done until later in the year. This plan will create an additional level of oversight and authority in the Delta to ensure that all activities in the area are consistent with the Council's emerging plans.

The Council will have significant influence on how Delta improvements and actions are funded and financed. Funding could be collected based on allocations to those who benefit from, or are believed to be stressing, the Delta - such as water users and those who add pollutant loading. Funding also could be generated through broader mechanisms that apply to the entire state - such as bonds, general fund revenues or new taxes.

• SRCSD submitted significant comments on drafts of the Delta Plan during public comment periods to raise key concerns and offer changes. We still hold concerns with the funding/financing plan and the consistency determinations that will be used to define what constitutes a “covered action” subject to the Council’s authority. State Water Code section 85057.5(b) states that a covered action does not include a regulatory action of a state agency. SRCSD believes that the Delta Plan should state that any projects stemming from the regulatory action of a state agency should be exempt, such as a state mandated wastewater discharge permit by a Regional Water Quality Control Board. Without this clarification, the Council could mandate new requirements and fees on top of those associated with the permit.
• We also must remain vigilant on the need to use good science in understanding the delta ecosystem and what actions the Council may take to improve its sustainability have the greatest cost/benefit ratio.

Delta Plan status and timeline:

• Dec. 22-23 - Sixth staff draft of the Delta Plan submitted to the Office of Administrative Law for review
• March/April 2012 - Target date for Delta Plan adoption

EIR status:

The Council must approve an Environmental Impact Report (EIR) in order to implement its Delta Plan. The draft EIR was released by the Council on November 4, 2011 for public review with comments due by February 2, 2012. This draft is the first in the process to prepare a final EIR to comply with the California Environmental Quality Act (CEQA). CEQA is a statute that requires state and local agencies to consider the environmental impacts of a project and work to mitigate them if possible. The final EIR is expected during spring 2012.

• SRCSD submitted a letter outlining concerns with the Council’s draft EIR.

Learn more about the Delta Stewardship Council and updates on their timeline and announcements.

Bay Delta Conservation Plan (BDCP)

The BDCP is a comprehensive planning effort being overseen by the State of California to identify mitigation efforts that water exporters can undertake to offset the impact of State and federal water project operations. This will allow them to obtain endangered species permits and continue their operations in compliance with those regulations. The BDCP, which would be implemented over the next 50 years, is being prepared by a group of water agencies, environmental and conservation organizations, state and federal agencies and other interest groups. It has two major goals:

1. To restore and protect the ecological health of the Delta; and
2. To restore and protect water supplies.

Affecting the BDCP process to guarantee a fair and balanced outcome is critical to ensure protection from unnecessary financial impacts on the Sacramento region. For example, SRCSD sent the Bureau of Reclamation a letter with comment and recommendations on the BDCP's Memorandum of Agreement. This letter also emphasizes the need for stakeholders to review the "Effects Analysis" which provides the scientific framework used to justify the BDCP.

As directed by the water bond legislation passed in 2009, the BDCP will ultimately be incorporated into the Delta Stewardship Council's final Delta Plan and in part dictate the terms by which any person proposing to take any "covered action" in the Delta must demonstrate that the proposed action is "consistent" with the Delta Plan.

In November 2010, the BDCP steering committee released its draft plan.

Possible Water Bond

In November 2009, the California Legislature passed - and then-Governor Arnold Schwarzenegger signed - a comprehensive water legislation package that includes an $11.4 billon water bond ballot measure. The bond must be approved by California voters to secure funding for all elements of the water legislation package. The water bond was originally slated for the November 6, 2012 ballot, but it is very likely that it will be pushed forward to a later election and be rewritten.

In addition to authorizing a water bond ballot measure, the package created or restructured several Delta governance entities. Included in these changes was the Delta Stewardship Council (the Council), which has broad authority to create and oversee a Delta Plan and ensure that all planned activities in the greater Delta area are consistent with that plan. The package also directs that specific water infrastructure projects be implemented and research be conducted, and it creates new groundwater monitoring guidelines and water conservation mandates, among other things.

Many of the programs outlined in the legislation - like the objectives set for the Council - are underway and will move forward regardless of the outcome of the bond. Although many of those programs require a funding source, it remains unclear where that money will come from if not the water bond.

Many people have concerns that as the state looks for alternative funding sources - like increased fees - the Sacramento region is at risk of being disproportionately tapped because of our proximity to the Delta.