DAILY DIGEST, 5/20: New bills aim to protect water rates, charges from Prop. 218 litigation; FDA’s new pre-harvest ag water rule could impact PFAS-contaminated groundwater; Scientists use acoustic tech to track salmon and steelhead; Captured stormwater could be urban boon; and more …


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In California water news today …

New bills aim to protect water rates, charges from Prop. 218 litigation

“Adopted in 1996, Proposition 218 (and later Proposition 26 in 2010) amended the California Constitution to create limits, including voter approval requirements, around local and regional government revenue powers (taxes, assessments and fees). While the intent of these laws is clear, ensuring proper compliance is far more convoluted. The California State Legislature introduced three bills this session in an apparent effort to reduce the vulnerability of public agencies’ revenue streams to legal attack.  Why now?  One major factor is the significant pending costs of infrastructure and service improvements that agencies are planning to implement to meet future water supply and reliability needs in the face of climate change and implementation of the Sustainable Groundwater Management Act (SGMA). … ”  Read more from Brownstein.

The FDA’s new pre-harvest agricultural water rule: Impacts on PFAS-contaminated groundwater?

“The U.S. Food and Drug Administration (FDA) recently issued a final rule that amends its 2015 rule on produce safety. The rule requires pre-harvest assessments of agricultural water for hazard identification and risk management decision-making purposes. Though per- and polyfluoroalkyl substances (PFAS) are not mentioned specifically, given recent U.S. Environmental Protection Agency attention on maximum contaminant levels and goals for six PFAS compounds in drinking water, among other factors, it is only a matter of time before assessments of agricultural water encounter PFAS. … ”  Read the full post at Holland & Knight.

How tiny tags help Mokelumne fishes: Scientists use acoustic tech to track salmon and steelhead

“Without their knowledge, they are tracked.  There are little transmitters in their bodies, slipped inside when they were groggy, unknowing. The tracking goes on 24 hours a day, every day. Sometimes for weeks, sometimes for months.  It is, though, all for the good.  This surveillance is done so fish in the Mokelumne River – and fishes all over Northern California and beyond – might survive and thrive. Acoustic tracking, it is called. At any given time, there are hundreds of fishes swimming about with tiny implanted transmitters. As they swim, they ping out signals to an array of 400 receivers throughout the Sacramento-San Joaquin Delta and San Francisco Bay. … ”  Read more from the Lodi News-Sentinel.

MEETING NOTES: Accusations of secrecy, slander and horse “pucky,” pervade high desert groundwater discussions

“The Indian Wells Valley is a critically overdrafted basin in eastern Kern County. Its residents and businesses require 28,000 acre feet a year while the basin only receives 7,650 acre feet a year in natural recharge.  The groundwater authority intends to buy water from the Palmdale area and build a pipeline to bring it north to the valley. The authority agreed, however, to reassess bringing water south from another desert region called Little Lake, which is in Inyo County.  Michael McKinney of Capitol Core, a government relations firm that specializes in water and land use issues, concluded the Little Lake plan, which had first been assessed in 2019, was “not feasible” for a number of reasons. … ”  Read more from SJV Water.

CA Farm Water Coalition: Sustainable food supply and imports

“America’s grocery stores may seem brimming with fresh fruits and vegetables year-round, but behind the vibrant displays lies a sobering truth: a significant portion of these products are imported from other countries.  The new CFWC fact sheet, “Our Food Supply – Sustainability & Imports,” opens the door to discussions about the policies and regulations that have made Americans more dependent on foreign-produced food.  According to data from the U.S. Department of Agriculture, a staggering 60.9% of the fresh fruit and 38.8% of the fresh vegetables consumed in the United States are sourced from abroad.  That’s a 228% increase of fruit and 479% increase of vegetable imports since 1980. This heavy reliance on imports poses a concerning risk to the security and sustainability of our food supply, particularly given the alarming challenges overseas producers face, from political strife, war, degrading natural resources, and inconsistent food safety standards. … ”  Continue reading from the California Farm Water Coalition.

California’s first Black land trust fights climate change, makes the outdoors more inclusive

“Jade Stevens stands at the edge of a snowy cliff and takes in the jaw-dropping panorama of the Sierra.  Peaks reaching more than a mile high form the backdrop to Bear Valley, a kaleidoscope of green pastures mixed with ponderosa pines, firs, cedars and oak trees.  Stevens, 34, is well aware that some of her fellow Black Americans can’t picture themselves in places like this. Camping, hiking, mountain biking, snow sports, venturing to locales with wild animals in their names — those are things white people do.  As co-founder of the 40 Acre Conservation League, California’s first Black-led land conservancy, she’s determined to change that perception. … ”  Read more from the LA Times.

California bills would levy fees on large climate polluters, require cleanup of idle wells

“Three bills that would bring sweeping changes to how California addresses the climate crisis are headed to a key vote next week that they must pass to stay alive.  Senate Bill 1497 — dubbed the Polluters Pay Climate Cost Recovery Act — would impose billions of dollars in fees on qualifying companies with ties to the Golden State. Assembly Bill 1866 would require the cleanup of idle wells. Assembly Bill 3233 would reinforce local governments’ authority over oil and gas production.  The three bills passed their respective Appropriations committees on Thursday. They now must pass a floor vote of their chamber by May 24.  The Polluters Pay Climate Cost Recovery Act — written by state Senator Caroline Menjivar, a San Fernando Valley Democrat — was called “crucial” by Hollin Kretzmann, an attorney with the Climate Law Institute that’s within the Center for Biological Diversity. … ”  Read more from the Courthouse News.

SEE ALSO:

What can Northern California expect this wildfire season? Experts weigh in on forecast

“Wildfire season is inching closer in Northern California, but experts aren’t ringing any alarms, yet. “Based on our drought monitors and our fuels, we’re expecting a ‘normal’ fire season, for lack of better terms,” said Dan Collins, fire captain at the California Department of Forestry and Fire Protection in Butte County. “That all can change if we have some type of windy event or weather event that comes in and is pronounced over in Northern California,” he added. Exactly when wildfire season starts and how bad it could get is unclear. “It all depends on the environmental factors and fuel moisture that are out there and present,” Collins said. “We never know until we get into it,” he said. … ”  Read more from the Sacramento Bee.

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In commentary today …

Delta Conveyance Facility (DCF) water is more expensive than desalination, not less as DWR claims

Dr. Jeff Michael, Professor of Public Policy in the public policy programs at University of the Pacific McGeorge School of Law, writes, “The Department of Water Resources (DWR) puts out a lot of misleading information around the Delta Conveyance Facility (DCF).  When DWR released its updated construction cost estimate and benefit-cost analysis for the DCF, the featured graphic states that DCF water supplies have costs comparable to conservation programs and less than half the cost of desalination.  Specifically, DWR takes a $1325/af value from their DCF analysis out of context, and lays it next to estimates from other studies that make very different assumptions about interest rates, project life and other inputs.   In short, DWR’s cost comparison is total garbage.  You don’t have to be an economist or engineer to see why.  Simply compare the basic cost drivers of a desalination plant (the most expensive alternative) and the DCF: capital costs, energy use, and water yield. … ”  Read more from the Valley Economy blog.

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In regional water news and commentary today …

NORTH COAST

Klamath Water Users Association pushes improvement in a disappointing announcement on the 2024 irrigation deliveries

“On April 15, the U.S. Bureau of Reclamation (Reclamation) issued a 2024 Klamath Project Operations Plan that provides 230,000 acre-feet of water from Upper Klamath Lake and the Klamath River for irrigation in 2024. This amounts to 35% of the projected net inflow to Upper Klamath Lake during the 2024 water year.  In a press release that same day, KWUA Executive Director Paul Simmons expressed frustration: “This winter, we have watched water be released to flush sediment in the Klamath River to mitigate impacts of dam removal. We have bent over backwards to put water on our national wildlife refuges. Within a few weeks, Upper Klamath Lake will be completely full for the first time in seven years, and the snowpack is in good shape for this time of year. Yet we are looking at the fifth worst allocation in the 120 years since the Klamath Project was authorized.” … ”  Continue reading at the Herald & News.

MOUNTAIN COUNTIES

California State Board sets aside Nevada Irrigation District’s water quality certification

“On May 7th, the State Water Resources Control Board voted to set aside water quality certifications for several hydroelectric projects, including a project on the Yuba and Bear rivers. The Board’s significant action is a direct response to the USEPA’s 2023 Rule, a positive revision of the Clean Water Act, Section 401 Water Quality Certification Improvement Rule, that took effect in November 2023.  By setting aside the water quality certifications, the Board essentially rescinded the certifications (also known as “401s”) for the Nevada Irrigation District (NID) who owns and has a license to operate the Yuba Bear Hydroelectric Project; and also the Merced, Modesto, and Turlock irrigation districts for their hydroelectric projects on the Tuolumne and Merced rivers and Turlock Lake.  Within hours, and after reading the proverbial writing on the wall, Merced Irrigation District filed a letter requesting a 401 certification.  After five years of legal wrangling, conservationists and angling groups await other water agencies to do the same. … ”  Read more from the South Yuba River Citizens League.

El Dorado Water Agency’s Spring Plenary focuses on strengthening partnerships, investment

“At its recent Countywide Plenary for Water, El Dorado Water Agency (EDWA) brought together water and utility managers, business and community leaders, non-profit organizations, and staff from local, state, and federal agencies to collaborate on sustainably managing our watershed. Rebecca Guo, General Manager of EDWA, kicked off the Plenary by highlighting the Programmatic Watershed Plan which identified resource management strategies to address watershed threats as well as a new report on the valuation of ecosystem goods and services in the upper American River watershed. The valuation report found that the working landscapes (including working and natural lands) within the watershed are an incredibly valuable asset worth more than $1.6 trillion over a 100 year period.  … ”  Read more from the Tahoe Daily Tribune.

Commentary: Philanthropy continues to power improvements to the Lake Tahoe environment

Amy Berry, CEO of the Tahoe Fund, and Cory Ritchie, the former Tahoe Fund Board Chair, writes, “The Tahoe Fund closed its fiscal year at the end of March, and this past year provided resounding proof that the desire to improve the Lake Tahoe environment for all to enjoy is a commitment that is deeply shared.  Thanks to the unwavering generosity and continued partnership of the Tahoe Fund’s Stewardship Circle members, 1,500+ donors and over 30 partners, tremendous progress was made in our five focus areas—forest health, lake clarity, sustainable recreation, stewardship, and transportation. In total, the Tahoe Fund awarded nearly $1.4 million to over 50 projects, helping to secure $40 million in public funds. … ”  Read more from the Tahoe Daily Tribune.

BAY AREA

Marin commentary: County needs CEQA to continue to be strong

Dottie Breiner, former member of the San Rafael City Council, and Susan Stompe, former member of the Novato City Council, write, “Those of us who live or work in Marin see the benefits of strong environmental laws every day: well-planned communities; clean air and water; and wide open spaces for everyone to enjoy.  Don’t take these laws for granted. Developers and polluting industries are mounting a full-scale attack against California’s cornerstone environmental and planning law: the California Environmental Quality Act. For example, state Sen. Scott Wiener recently called for most development projects in downtown San Francisco to be exempted from environmental review. Other legislation proposed this year would radically undermine the law.  These efforts to weaken CEQA are shortsighted. Developers and industry lobbyists already have the ear of local decision-makers. CEQA gives ordinary people the same right to weigh in on projects that affect the health, safety and integrity of their communities. … ”  Read more from the Marin Independent Journal.

SAN JOAQUIN VALLEY

Commentary: Understanding SJAFCA’s proposed assessment for 200-year flood protection for Mossdale Tract Area

“On April 18th, 2024, the San Joaquin Area Flood Control Agency Board authorized balloting for a proposed property assessment to fund levee construction and maintenance for the Mossdale Tract Area which includes portions of South Stockton (Weston Ranch), Lathrop, Manteca, and adjacent unincorporated areas. Assessment ballots have been mailed to affected property owners. Ballots must be returned by June 20, 2024. The SJAFCA’s property assessment can be calculated here.  Restore the Delta encourages property owners to vote for the assessment so state and federal money can come to our region for flood control because if passed, will result in enhanced flood protection to save lives, reduce the risk of flood damages to properties, and give the local economy an opportunity to adapt to their changing needs (redevelopment and improvements to existing commercial and retail properties). … ”  Continue reading from Restore the Delta.

SAN DIEGO

Equipment trouble suspends Oceanside harbor dredging and beach replenishment

“Mechanical problems have forced Manson Construction to suspend dredging of the Oceanside Harbor entrance channel with about two-thirds of the job completed.  The U.S. Army Corps of Engineers hires the contractor annually to keep the channel clear for navigation and, as a by-product of the operation, to place sand from the harbor on Oceanside’s northern beaches.  Usually, the work takes six to eight weeks and is finished by Memorial Day weekend, in time to replenish the shoreline for the unofficial start of the summer tourist season. That now appears unlikely this year. … ”  Read more from the San Diego Union-Tribune.

They’re getting sick because of the cross-border sewage crisis. This committee aims to prove it.

“Cassandra Sutcliffe has been using her inhaler more often to treat her chronic bronchitis.  She lives on an oceanfront property in Imperial Beach, one of the southernmost communities impacted by sewage and toxic chemicals that spill over the U.S.-Mexico border.  “The smell makes your eyes water and your throat close up,” said Sutcliffe, one of many residents who have reported having similar symptoms and who say they find relief when they leave town. “I was told by (my doctor) that the environment could be the contributing factor (to) my failing health.” … ”  Read more from the San Diego Union-Tribune.

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Along the Colorado River …

Arizona’s closing of coal power plants could help facilitate water reallocation: ‘We know what the solutions are’

“Four coal power plants set to be shut down in Arizona could help it and other states manage vital water resources.  The H2O from the Colorado River and groundwater, however, will not be immediately reallocated because of the drought in the state, the Arizona Capitol Times reported. The plants are slated to close by 2032.  They can use up to 141,750 acre-feet of water per year, enough for at least 425,250 homes. But legal challenges and other considerations will determine where the water goes, and it will be a long time until those decisions are made.  “We just don’t know at this point,” Arizona Department of Water Resources communications administrator Doug MacEachern said. … ”  Read more from The Cool Down.

Utah’s reservoirs are at about 90% capacity, except Lake Powell

“Utah’s reservoirs are still at what the state calls “impressive” levels, with most hovering around 90% capacity — by comparison, statewide levels were a little over half full this time last year.  But Lake Powell, the country’s second-largest reservoir, is an outlier. According to the U.S. Bureau of Reclamation, it’s currently at about 35% capacity.  During a Legislative Water Development Commission meeting in Salt Lake City last week, director of the Utah Division of Water Resources Candice Hasenyager gave lawmakers an update on the state’s water outlook.  “Our reservoirs are about full, we’re at about 90% of our statewide average,” she said. But, she noted Lake Powell as a glaring exception.  “That’s still definitely a concern that we have,” Hasenyager told lawmakers. … ”  Read more from the Missoula Current.

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In national water news today …

‘Vast opportunity’: Captured stormwater could be urban boon

“Long seen as a nuisance to be gotten rid of as quickly as possible, urban stormwater increasingly is being viewed as a resource. Although the concept of capturing and using urban stormwater has gained attention in recent years, the full promise of this approach is far from being realized.  This is the assessment of a new report released in early March by global water think tank the Pacific Institute and 2NDNATURE Software Inc., a provider of stormwater management software. Titled Untapped Potential: An Assessment of Urban Stormwater Runoff Potential in the United States, the report finds that U.S. cities, particularly those in coastal regions, could benefit in multiple ways by making greater use of stormwater. … ”  Read more from Civil Engineering Source.

Report: At least $630 billion needed for wastewater, stormwater over next 20 years

“The U.S. Environmental Protection Agency recently transmitted a report to Congress outlining clean water infrastructure investments – including wastewater and stormwater system upgrades – that are needed over the next 20 years.  Through the Clean Watersheds Needs Survey, states and U.S. territories report on future capital costs or investment needs to maintain and modernize publicly owned wastewater treatment works, stormwater infrastructure, nonpoint source control, and decentralized wastewater treatment systems like septic tanks.  “Protecting our nations waterways is vital for healthy communities. They provide sources of drinking water, support farming, power economic opportunity and transport and allow for recreation and fishing,” said EPA’s Acting Assistant Administrator for Water Bruno Pigott. … ”  Read more from Water Finance & Management.

New EPA drinking water standards may help US ensure access to safe water

“”Access to safe drinkable water,” Pope Francis said in his milestone 2015 ecological encyclical Laudato Si’, “is a basic and universal human right, since it is essential to human survival and, as such, is a condition for the exercise of other human rights.”  Approximately 2.2 billion people worldwide don’t have regular access to clean water. Among them are 46 million Americans with no running water or with water that’s unsafe to drink.  On April 10, those statistics expanded even further — but with an accompanying promise of decline — as the U.S. Environmental Protection Agency issued the first-ever national, legally enforceable drinking water standards to protect Americans from exposure to per- and polyfluoroalkyl substances, or PFAS, also known as “forever chemicals.” … ”  Read more from National Catholic Reporter.

Bottled water is full of microplastics. Is it still ‘natural’?

“Is bottled water really “natural” if it’s contaminated with microplastics? A series of lawsuits recently filed against six bottled water brands claim that it’s deceptive to use labels like “100 percent mountain spring water” and “natural spring water” — not because of the water’s provenance, but because it is likely tainted with tiny plastic fragments.  Reasonable consumers, the suits allege, would read those labels and assume bottled water to be totally free of contaminants; if they knew the truth, they might not have bought it. “Plaintiff would not have purchased, and/or would not have paid a price premium” for bottled water had they known it contained “dangerous substances,” reads the lawsuit filed against the bottled water company Poland Spring. … ”  Read more from Grist.

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About the Daily Digest: The Daily Digest is a collection of selected news articles, commentaries and editorials appearing in the mainstream press. Items are generally selected to follow the focus of the Notebook blog. The Daily Digest is published every weekday with a weekend edition posting on Sundays.

 

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