From the Department of Water Resources:
The Department of Water Resources (DWR) has submitted a Change in Point of Diversion Petition for the Delta Conveyance Project to the State Water Resources Control Board (State Water Board). The State Water Board will now review the petition for accuracy and completeness and then issue a public notice detailing their public review process.
Water Rights Change in Point of Diversion Petition Q&A
- What is a “Change in the Point of Diversion” (CPOD) petition?
As an existing water right holder DWR may file a petition to change the conditions of its water right permit, including a change in the location of where the water is collected, or the “point of diversion.” To do this, DWR must file a petition with the State Water Board, which it has now done. - If the CPOD petition is granted, would it create a new water right?
No; if the CPOD petition is granted, it would not create a new water right. - If the CPOD petition is granted, would it change the existing maximum permitted diversion amount?
No; if the CPOD petition is granted, it would not change the maximum permitted diversion amount under existing DWR water right permits. - How is the CPOD process related to the State Water Board’s Water Quality Control Plan Update?
The petition is unrelated to updates to the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Bay-Delta) Water Quality Control Plan, which is being addressed in a separate process. - What is the State Water Board’s process to evaluate the CPOD petition?
Now that the CPOD petition has been submitted, the State Water Board will notify DWR and the public about their process and the timing and opportunities for public review and involvement, including an opportunity to “protest” the petition. DWR will be asked to collaborate with any protestants to work together to resolve concerns. Once this process concludes, the State Water Board will hold public hearings. The State Water Board will consider the petition in the context of other legal users of water (including water rights holders) and potential impacts to fish and wildlife. - What is included in DWR’s CPOD petition?
The CPOD petition includes two parts. The first part is two standard forms required by the State Water Board that include, among other things, a description of the change being requested. The second part is “Supplemental Information” that provides background about the project and greater detail about the need for the proposed change in the point of diversion.
Q&A can be downloaded here.
Department of Water Resources files appeal on bond validation decision
The California Department of Water Resources (DWR) has filed an appeal in California’s Court of Appeal, Third Appellate District, in response to the January 16, 2024, Sacramento County Superior Court ruling denying the department’s request for an order validating bond resolutions to finance the Delta Conveyance Project.
DWR adopted the bond resolutions at issue in 2020 during the time that it was conducting environmental review of a broad range of alternatives for Delta conveyance. The resolutions encompassed the full range of alternatives being evaluated and conditioned financing on the completion of CEQA and other legal requirements. This flexibility would have allowed for timely financing of this critically important piece of California’s strategy to ensure a reliable water supply for California’s future. The Superior Court nevertheless concluded that the resolutions were too broad and denied validation on that basis.
The State remains committed to modernizing its water infrastructure to protect against the impacts of earthquakes, climate change, and other challenges. This appeal process is one of many expected efforts, including further permitting and design, prior to implementation of the project.
Other information …
- Fast Facts: A compilation of quick project stats about the importance of the State Water Project, key project features, water supply reliability and public input. View and download the fast facts here.
- Theoretical Diversions with the Delta Conveyance Project: If the Delta Conveyance Project had been operational during the recent storms, about 457,000 acre-feet could have been captured by the SWP for future use. This number will be updated as available, continuing to highlight the water supply benefit for people and communities across the state from the Bay Area to Southern California. View and download the theoretical diversions fact sheet here.
- The Economy of the State Water Project: In December, DWR published a report called “The Economy of the State Water Project”. It consolidates publicly available data from DWR and other agencies to provide policymakers with a comprehensive overview of the economy that is supported by the State Water Project. The aim is to present this information in a concise format to facilitate well- informed decision-making regarding the project. The information in this report covers patterns of water use in the State Water Project service area, the size of the urban and agricultural economies served by the State Water Project, the role of the State Water Project in serving underrepresented communities, and how the costs of State Water Project water deliveries compare to the costs of developing alternative water supplies. See the full report here and the brochure here.
