Jun 18

Delta Vision Foundation issues 2013 report card: Tunnel vision not enough

From the Delta Vision Foundation:

delta by DWRCalifornia decision makers are focusing their efforts on specific problems plaguing the Sacramento-San Joaquin Delta but could accomplish more by incorporating linked system-wide solutions. That’s the message the Delta Vision Foundation sent today to the Governor’s Administration, State agencies, California Legislature, and Federal agencies upon releasing the 2013 Delta Vision Report Card.

“The level of effort and analysis is strong, but the current lack of integration and coordination in plans and actions will not get us where we need to be,” said Delta Vision Foundation President Sunne Wright McPeak. “The importance of linked actions that treat the whole patient cannot be over-emphasized; tunnel vision will not be sufficient to deal with the Delta’s many challenges.”

The Delta Vision Report Card assigns letter grades to State and Federal Agencies, the Governor’s Administration and Legislature, and on stakeholder cooperation.  Grades reflect progress on implementing the linked actions recommended in the 2008 Delta Vision Strategic Plan and results in achieving the Two Co-Equal Goals of (1) restoring the Sacramento-San Joaquin Delta ecosystem and (2) ensuring a reliable water supply for California. This year, the Legislature received the lowest grade while several Delta agencies and the State Water Resources Control Board, received high marks.  Overall, the lack of progress on near-term actions was particularly concerning to analysts.

The annual evaluation grades implementing agencies for their leadership, strategic direction, coordination, results, and accountability, and is based on the observations and perspectives provided by agency representatives, stakeholders, and water leaders from around the state. The Delta Vision Foundation conducted an internal assessment and also asked each agency to complete a self-evaluation. Two challenges specifically noted in the final analysis were stakeholder conflict and public accountability.

“While the State is working hard to resolve the Delta’s problems, there is a lack of public accountability and issue resolution when making far-reaching decisions,” said DVF Board Director Mike Madigan, former Chair of the San Diego County Water Authority, California Water Commission and Bay Delta Advisory Council. “Without leadership, commitment, and action, the State and stakeholders will remain in an endless loop of plan, approve, sue, and plan again.”

Dr. Raymond Seed, professor of civil and environmental engineering at U.C. Berkeley agreed, saying that unless conflicts were resolved and near-term actions implemented, “The State of California is one earthquake, one extended drought, or one series of heavy spring storms away from catastrophic environmental and economic losses for the people and species that depend on the Delta.”

View the full Report Card at http://www.deltavisionfoundation.org/

The public may comment on the Report Card and results by July 15, 2013. Final results and recommendations will be published before August 15, 2013.

Permanent link to this article: http://mavensnotebook.com/2013/06/18/delta-vision-foundation-issues-2013-report-card-tunnel-vision-not-enough/

Jun 18

Court documents: Yet another lawsuit against the Delta Plan (updated)

gavel_scale_of_justice_400_clr_2880There are so many of them, it’s easy to lose track!  The latest lawsuit, filed last Friday in Sacramento County Superior Court by the North Coast Rivers Alliance, Pacific Coast Federation of Fishermen’s Associations, San Francisco Crab Boat Owners Associations and Winnemem Wintu (McCloud River) Tribe, alleges the recently-adopted Delta Plan and PEIR violate CEQ by failing to examine the impacts of increased water exports and to consider feasible alternatives to them,  the plan violates the Delta Reform Act by not properly addressing the co-equal goals of ecosystem restoration and water supply, and the plan fails to protect the public trust.

Click here to read the court documents.

OK, so in terms of lawsuits against the Delta Plan, here’s what I have so far:

  1. San Luis and Delta Mendota Water Authority and Westlands (agriculture)
  2. C-WIN, AquaAlliance, Friends of the River, et al  (environmental)
  3. State Water Contractors (water contractors)
  4. North Coast Rivers Alliance, Pacific Coast Federation of Fishermen’s Associations, et al (fishery groups)

And I heard a rumor that Metropolitan voted to file a lawsuit as well, so stay tuned folks.  More to come ….

UPDATE:  The San Francisco Appeal says 6 lawsuits have been filed; the Sacramento Bee counts 7 …but neither give any more details. Here, the French Tribune says dozens of lawsuits!  Egads, guess I’m going to need a bigger scorecard ….

Permanent link to this article: http://mavensnotebook.com/2013/06/18/court-documents-yet-another-lawsuit-against-the-delta-plan/

Jun 18

Blog round-up: Reusing tunnel muck, changing BDCP baselines, BDCP costs, north-south water wars, Temperance Flat, endangered water reporters, God’s bathtub and more!

water rhythmReusing tunnel muck:  The SFPUC’s Hetch Hetchy upgrade includes boring a tunnel underneath the San Francisco Bay, and the project has been able to virtually reuse all of the excavated “tunnel muck,” writes the BDCP blog:  ” … To be sure, tunneling can produce a lot of material. And the San Francisco Bay project suggests that the muck some people worry will become a long-term eyesore in the Delta could be used instead on levee upgrades and wetland restoration. Essentially, it could greatly diminish and perhaps even eliminate, the need to store the material.  Out of nearly a quarter million cubic-yards of San Francisco Bay tunnel muck, 98 percent of it has found a vital new and nearby use. … “  Read more here:  “Muck:” A Reusable Material from Tunneling

Changing BDCP baselines:  Using a baseline is important when doing an environmental or economic analysis of an infrastructure project; the baseline is usually a “no-action” scenario, writes the Valley Economy blog:  ” … This scenario defines the conditions that are expected if the project is not built and is used as the basis of comparison for the projects impacts.  The same no-action scenario should be used for environmental, economic and financial feasibility assessments.  However, the latest BDCP documents use a different baseline for the economic analysis than the environmental impact report (EIR).  When analytical consistency gets in the way of rationalizing the tunnels, BDCP just switches the baseline.  … “  Read more here from the Valley Economy blog:  Changing the Baseline: The Biggest Problem in the New BDCP Economic Rationalization of the Tunnels

Uncertain BDCP costs worry Friant Contractors:  The Friant Waterline posts about the BDCP costs, noting that there wasn’t much said about how the beneficiaries would fund the project:  ” … Some water agencies that make direct use of Delta water exports have suggested Friant should pay a major share.  “Friant supports the BDCP’s concepts because solutions must be implemented to eliminate or ease Delta water supply problems,” said Friant Water Authority General Manager Ronald D. Jacobsma. “However, all of the analysis we have thus far seen shows little or no water supply benefit to the San Joaquin River Exchange Contractors, the Friant Division’s primary water supply link to the Delta,” Jacobsma said. … “  Read more from the Friant Waterline here:  Specifics Still Awaited On Delta Plan’s High Costs; Friant Benefits Remain Unidentified

North-South water wars – will Southern California win?  Northern California is in the lead, winning by attrition and adjudication, writes the CalWatchdog blog, but Southern California could still pull it off: ” … The 19 million water customers of the Metropolitan Water District of Southern California will have to fund most of the cost of the tunnels.  A “No Project” alternative of continuing to rely on the existing Delta pumping facility and California Aqueduct would add no new cost and would deliver the same or less amount of water.  But the existing Aqueduct system cannot do one thing: overcome the massive environmental regulatory burden and constant lawsuits mainly from Northern California organizations that have historically embargoed Northern California water from being shipped southward.  … ” Read more here from the CalWatchdog blog: North/South CA intensify water war

Avalanche of lawsuits against the Delta Plan has begun:  Dan Bacher has details on two of the four lawsuits filed against the Delta Stewardship Council’s Delta Plan:  Avalanche of lawsuits against Delta plan begins

Temperance Flat project “looking feasible,” says the Friant Waterline: Reclamation recently held a workshop to update cooperating agencies on the feasibility study, still in process:  ” … “We learned that Temperance Flat Reservoir is still looking feasible, but operations, costs, bond eligibility for public benefits and issues related to water supply, water quality and project beneficiaries all need further analysis,” said Ronald D. Jacobsma, FWA General Manager.  Development of the proposed Temperance Flat Reservoir has been studied extensively in recent years and, although much analysis is still needed, a number of objectives have been identified with progress made on planning project details, Jacobsma said. … “  Read more from the Friant Waterline here:  Temperance Flat Study Continues

Healthy headwaters:  There is increased interest in maintaining healthy headwaters, says  David Guy at the Water Food Environment blog.  He takes a look around and notes there are lessons to be learned from success in other regions:  ” … There are many good examples in other states, ranging from New York to Colorado, where there have been important investments and innovation in strategies for healthy headwaters. Several recent reports have started to provide a strong platform for a state policy for healthy headwaters in California. … ” Read more here from the Water Food Environment blog:  Thinking about Healthy Headwaters

Community fishing model working in San Francisco:  National Geographic’s News Watch blog writes a two-year-old fishermen’s cooperative in San Francisco is evening the playing field for the little guy:  ” … An irascibly gregarious crab fisherman, Larry Collins, and his wife, Barbra Emley, formed the San Francisco group in 2010; they wanted to put more money in fishermen’s pockets, while protecting fish stocks and developing new dock infrastructure to support independent operators. Collins and Co. are now part of the two-year-old Community Fisheries Network, a nationwide membership organization convened by Ecotrust and the Island Institute that is helping community fishing organizations become stable businesses and effective marketers, while leading fisheries and marine ecosystem protection, and building community assets. … “  Read more here:  Fair Fish: San Francisco Fishermen Shake Up the Docks With Community Model

Clint Eastwood makes the City of Carmel’s day:  From the Monterey County Herald:  ” … Eastwood representative Alan Williams confirmed Wednesday that negotiations are underway with California American Water on an agreement to loan the utility a water right of 85 acre-feet per year for use on the Peninsula until a proposed new water supply project is online. The water right is from an 80-acre parcel near the Carmel River designated for a floodplain restoration project. … “  Read more here:  Clint Eastwood, Cal Am in talks on water rights

Endangered water reporters:  We’ve all seen the botched headlines, the misstatements and the uninformed reporting that results when those unfamiliar with the complexity of California’s water issues try to write about things.  Shawn McKinnon, veteran water reporter with the Arizona Republic talks to the Columbia Journalism Review about the situation:  ” … “Water reporters are definitely an endangered group of people,” said McKinnon, who has covered water for more than 14 years for the Republic and the Las Vegas Review-Journal. “It’s too bad because we are getting into this time when it’s probably a bigger issue than it ever has been. We need people who are out there watching and making sure everyone knows what is going on. “ … “  Read more here:  Q&A: Shaun McKinnon, veteran water reporter

Is it time for water markets?  David Zetland at the Aguanomics blog says yes:  Time for REAL water markets in California?

New book tells the story of urbanization from the development of their water systems:  The Inkstain blog reviews a new book by historian Carl Smith tells the story of how the urbanization of Philadelphia, Boston and Chicago were shaped by the need for municipal water systems:  ” … It’s hard to overstate the significance of the cultural jump from the individualism of gathering one’s own water for one’s own home to the collectivism to banding together to build a water system. It was possible for newly forming cities in the United States in the early to mid-1800s to piecemeal roads and the like, but ultimately water systems required a new sort of collective action unlike anything urban communities had attempted to date. … “  Read more from the Inkstain blog here:  “City Water, City Life” – a positive review

Blog honorable mentions:  Here’s the Inkstain Blog on Dianne Feinstein’s water plan and National Geographic’s Newswatch weighs in on fracking’s need for water.  The California Water Blog post, The Delta won’t rise again, will be included with Thursday’s science notes.

And lastly … God’s bathtub:  Here’s a story about a lake in Australia dubbed “God’s bathtub” that is untouched by humans or climate change:  Australian Lake Untouched by Climate Change, Called “God’s Bathtub” and Home to Tiny Perch

Photo credit:  “Water rhythm” by flickr photographer Jos van Wunnik.

Permanent link to this article: http://mavensnotebook.com/2013/06/18/blog-round-up-reusing-tunnel-muck-changing-bdcp-baselines-north-south-water-wars-headwater-health-endangered-water-reporters-gods-bathtub-and-more/

Jun 17

The Delta Stewardship Council issues statement on the lawsuits against Delta Plan

From Chris Knopp at the Delta Stewardship Council:

DSCLogoChris Knopp, Executive Officer of the Delta Stewardship Council (DSC), released the following statement regarding the recent lawsuits filed against the DSC seeking a redo of the Council’s recently adopted (May 16) comprehensive management plan for the Delta:

“As we’ve said before, we’re disappointed that so many have turned to the courts to reargue issues
that were resolved in the Legislature and before the Council.

Some are suing us for using powers they believe we were not given by legislature; others for not using powers they believe we were given. Environmental groups want us to be more restrictive; water agencies believe we’re too restrictive. The Plan, however, actually walks the very careful line specified in the Delta Reform Act.

These lawsuits underscore the contentious and litigious nature of current public policy making. They will not improve the state’s water supply reliability, increase the health of the Delta ecosystem, nor reduce risk to life, property and state interests. … “

Continue reading this statement at the Delta Stewardship Council website by clicking here.

Permanent link to this article: http://mavensnotebook.com/2013/06/17/the-delta-stewardship-council-issues-a-statement-on-the-lawsuits-against-the-delta-plan/

Jun 17

Water and reservoir conditions for June 17, 2013

Hi and welcome to Monday! Here are the latest reservoir and hydrologic conditions:

 

Permanent link to this article: http://mavensnotebook.com/2013/06/17/water-and-reservoir-conditions-for-june-17-2013/

Jun 17

Maven’s extensive photo library of California water infrastructure, agriculture and waterscapes returns to the internet

mt whitney waterfallAfter a brief hiatus, my photo library has returned to flickr – now bigger and more organized than before!

I have finally completed uploading over 8800 photos to the flickr website, which include 466 pictures of the Delta, 290 pictures of the State Water Project, 362 pictures of the Colorado Aqueduct, and 325 pictures of the Los Angeles Aqueduct.  As for Owens Lake and the Dust Control Project, I challenge anyone to beat my total: 746!

Of course, I don’t spend all of my time photographing water infrastructure. In search of budget- and family-friendly outdoors adventures, I’ve dragged the family to the far-flung areas such as the Salton Sea, the Trona Pinnacles, and all over the Eastern Sierra.  It was years before they realized that most families did not tour agricultural areas for their vacations, or that the “shortcuts” we would often take were not really short at all.  Oh the good old days …

Through the years, I have amassed a lot of photographs of California agriculture from the Imperial Valley, the Central Valley, and even Salinas Valley and Ventura, too.   I’ve been through the Delta many times, and I’ve only managed to get as far north as the Feather River – but I hope to be able to travel there more some day.  I’m currently in a multi-year process to photograph the San Andreas Fault from top to bottom for a future project.

To view all the sets in my picture library at flickr, click here, or click on the link under the pictures in the sidebar.

And if you need one for my pictures for your project, all you need to do is ask!

Here are some of my favorites:

 

Permanent link to this article: http://mavensnotebook.com/2013/06/17/mavens-extensive-photo-library-of-california-water-infrastructure-agriculture-and-waterscapes-returns-to-the-internet/

Jun 15

Court documents: Second lawsuit filed against the Delta Plan, alleges violations of the Administrative Procedure Act, the Delta Reform Act, CEQA, and the Public Trust doctrine

gavel_scale_of_justice_400_clr_2880A second lawsuit has been filled against the Delta Stewardship Council’s recently-adopted Delta Plan.

Aqua Alliance, California Sportfishing Protection Alliance, California Water Impact Network (C-WIN), Center for Biological Diversity, Friends of the River and Restore the Delta allege that the Delta Stewardship Council, in adopting the final Delta Plan and its regulations and certifying the environmental documents,  failed to comply with the Delta Reform Act, CEQA, and the public trust.

The Plaintiffs say the Council did not ‘disclose, consider, analyze, or incorporate the findings and recommendations’ contained in the State Water Resources Control Board’s Development of Flow Criteria for the Sacramento-San Joaquin Delta Ecosystem, the fisheries agencies’ Quantifiable Biological Objectives and Flow Criteria for Aquatic and Terrestrial Species of Concern Dependent on the Delta, or the Delta Protection Commission’s Economic Sustainability Plan for the Sacramento-San Joaquin Delta as required by the Delta Reform Act.

The documents also state that petitioners, government agencies, and the public voiced “significant concerns” regarding legal deficiencies and multiple violations of the Delta Reform Act, the California Government Code, CEQA, and the public trust doctrine.  However, despite these identified problems, the DSC certified the PEIR, approved the Delta Plan and implementing Regulations on May 17, 2013, thereby violating the state Administrative Procedure Act, the Delta Reform Act, CEQA, and the Public Trust doctrine.

Therefore (excerpted from 9 and 10):

(28) The DSC has abused its discretion and failed to act as required by law. As result of the DSC approval of the Delta Plan, the implementing Regulations, and certification of the PEIR, Petitioners and their members will suffer great and irreparable harm to their interests, including recreation, boating, kayaking, fishing, conservation, wildlife viewing, and other activities as described herein. Petitioners have no adequate remedy at law for this irreparable harm.

(29) The Plan will harm pelagic and anadromous fisheries in the Bay-Delta and its watershed by failing to consider the timing and quantity of flows to ensure ecosystem health, by encouraging and catalyzing the construction of new water delivery conveyance and upstream water storage, and by prioritizing water deliveries over ecosystem restoration. Harm to the pelagic and anadromous fishery in the Bay-Delta and its watershed harms Petitioners and their members by threatening impairment of their use and enjoyment of these species and their habitat.

(30) The DSC’s failure to proceed in the manner required by law, failure to comply with CEQA prior to adopting the Delta Plan and Regulations, and the resulting certification of the PEIR, will result in a new, upstream conveyance that has the capacity to further reduce the already significantly depleted freshwater flows in the Sacramento River, its tributaries, sloughs, and the Delta and the Bay. Petitioners and their members will suffer great and irreparable injury caused by the reduced flows that will result from implementation of the Delta Plan policies and recommendations which in turn will harm fisheries habitat and recreational opportunities in areas in and upstream of the Delta.

(31) The PEIR and the DSC’s violation of the law in creating the Delta Plan and its implementing Regulations will cause harm to Bay-Delta fisheries. Harm to the Bay-Delta fisheries has had, and continues to have, a substantial negative impact on Petitioners’ organizational members use and enjoyment of the Bay-Delta.

(32) Mismanagement of water resources in the Bay-Delta as a result of the Delta Plan, including over-pumping of the Bay-Delta and by the over-appropriation of water for excess water delivery south of the Bay-Delta, will deplete local rivers, sloughs, and lakes, and harm salmonids that travel through the lakes and streams used and enjoyed by Petitioners and their members.

Read the full text of the document here:  Delta Complaint FINAL

 

Permanent link to this article: http://mavensnotebook.com/2013/06/15/court-documents-second-lawsuit-filed-against-the-delta-plan-alleges-violations-of-the-administrative-procedure-act-the-delta-reform-act-ceqa-and-the-public-trust-doctrine/

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