DAILY DIGEST, weekend edition: Amid controversy, CA and the Biden administration are preparing new water plans; State Water Board releases draft of possible updates to Bay-Delta Plan for public review; Delta levees: The backbone of the coequal goals; Judge rules against Northern California county in water access race discrimination case; and more …

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In California water news this weekend …

Amid controversy, California and the Biden administration are preparing new water plans

“The Biden and Newsom administrations will soon adopt new rules for California’s major water delivery systems that will determine how much water may be pumped from rivers while providing protections for imperiled fish species.  But California environmental groups, while supportive of efforts to rewrite the rules, are criticizing the proposed changes and warning that the resulting plans would fail to protect fish species that are declining toward extinction in the Sacramento-San Joaquin River Delta and San Francisco Bay.  As the preferred proposal is laid out in a federal draft environmental review, the new rules “would make things worse,” said Jon Rosenfield, science director for the group San Francisco Baykeeper.  “We are deeply concerned that six endangered species in the Bay Delta are on the verge of extinction or headed in that direction,” Rosenfield said. … ”  Read more from the LA Times. | Read via AOL News.

State Water Board releases draft of possible updates to Bay-Delta Plan for public review

“In its ongoing effort to address an ecosystem in a state of prolonged decline and improve environmental conditions for fish and wildlife in the Sacramento River and Delta watershed, the State Water Resources Control Board today released for public review and comment a draft of potential options for updating the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta (Bay-Delta Plan) for the Sacramento River and the Delta and associated tributaries (Sacramento/Delta).  The Bay-Delta Plan establishes beneficial uses of water in the watershed, water quality and flow objectives to reasonably protect those uses, and an implementation program that includes monitoring and reporting requirements. California law requires the State Water Board to adopt and periodically review water quality control plans for all surface waters; these reviews enable the state to adapt to changing environmental conditions as well as other changes.  … “With the release of these possible updates to the Sacramento/Delta portions of the plan, the board would like to hear significant public input, which will be carefully considered as we work toward a comprehensive update that provides for the reasonable protection of beneficial uses of water in the watershed,” said Eric Oppenheimer, the State Water Board’s executive director. … ”  Continue reading this press release.

Delta levees: The backbone of the coequal goals

“From above, the Sacramento-San Joaquin Delta’s levee system resembles a maze of winding earthen berms stretching for miles. From that perspective, the levees may look small and insignificant, but they play a crucial role in holding back water to protect homes, agriculture, wildlife, and the water supply for millions of Californians.  In fact, levees are the backbone of the Delta. They are vital to furthering the coequal goals of water supply reliability and ecosystem health while protecting California’s Delta as an evolving place. Approximately 700,000 acres of land are supported and protected by levees, which also provide multiple benefits … ”  Read more from the Delta Stewardship Council.

SEE ALSO: Delta Levees 101, fact sheet from the Delta Stewardship Council

Revisiting La Nina and winter snowfall

Tom Di Liberto writes, “I’ll cut to the chase. Spooky season is coming to an end, and people are beginning to set their sights on winter. And when it comes to winter, there’s a big, white, abominable “elephant” in the room. Snow. While you’re not going to find a seasonal snowfall prediction here at the ENSO Blog, what we can do, given that La Niña is favored this winter, is revisit the historical relationship between La Niña and snow across North America. Just promise to not take it out on your lowly ENSO Blogger if history suggests more of a winter nightmare than a winter wonderland. … ”  Continue reading from the ENSO blog.

Can pistachio demand keep pace with growing supply?

“The Nichols family has been growing pistachios in the Central Valley of California for four generations and more than 60 years.  Jared Lorraine, president and CEO of Nichols Farms, said he and the Nichols family — with third-generation James Nichols, vice president of farming, and Jeff Nichols, vice president of supply chain — have seen firsthand the exponential growth in California pistachios. Lorraine estimates the state produces roughly 63% of the world’s supply of pistachios.  “The total planet acreage across California moved from 271,000 acres back in 2013 to now it’s at 605,000 acres in 2023,” Lorraine said. “So, [that’s] a 123% increase in acreage just over the last 10 years.” …  Lorraine said he sees pistachio production reaching 2 billion pounds within the next 10 years. However, that’s not without some challenges.  “In the coming years, California’s agriculture industry is going to face water limits under the requirements of the state’s [Sustainable Groundwater Management Act] regulations,” he said. “I see it potentially reaching a 2-billion-pound industry, but I think SGMA is really going to slow that pace down, just [based] off of what the numbers look like.” …”  Read more from The Packer.

Office of Administrative Law approves Making Conservation a California Way of Life regulation

“The Office of Administrative Law on Oct. 22 approved the Making Conservation a California Way of Life Regulation that was adopted by the State Water Resources Control Board on July 3. The regulation is intended to achieve long-term water use efficiency with the purpose of adapting to climate change by establishing unique goals for each urban retail water supplier in California.  As approved, urban retail water suppliers are required to submit their Urban Water Use Objective Reporting Form to the State Water Board each January, starting Jan. 1, 2025. Beginning Jan. 1, 2027, each urban retail water supplier must demonstrate compliance with its water use objective. … ”  Read more from ACWA’s Water News.

Did San Francisco awaken the ghost of the Chevron doctrine? The Supreme Court weighs in

“During the first week of oral arguments of its new term, the U.S. Supreme Court heard City & County of San Francisco v. Environmental Protection Agency.  This case marks the court’s first look at the Clean Water Act following its decimation last term of the Chevron deference doctrine in Loper Bright Enterprises v. Raimondo, in which the court reversed long-standing precedent to hold that federal courts must exercise independent judgment in deciding whether a federal agency has acted within its statutory authority rather than defer to an agency’s statutory interpretation. The long-ranging effects of San Francisco can be demonstrated alone by those who submitted amicus briefs, and, fascinatingly, in which party’s support.  For example, the States of California, Washington, Massachusetts, and other states, along with a group of small business owners, amongst others, were amici curiae on behalf of the Respondent EPA, whereas amici curiae supporting the Appellant San Francisco included national mining entities, home builders, and wastewater & sewage groups.  … ”  Read more from Golderg Segalla.

California wildfires are spreading and intensifying faster, putting more people in danger

“Just from what they’ve experienced over the years, California residents may suspect that wildfires have gotten more extreme amid a warmer and more drought-prone climate.  A new paper in the journal Science puts that sentiment to the test, with startling findings: California fires spread almost four times faster in 2020 than they had in 2001.  The study, authored by scientists from the University of Colorado, UC Merced and UCLA, also found that across the West, fires grew 250% more quickly in 2020 than they did in 2001. “People are pretty good at putting out all fires,” said Park Williams, a UCLA professor and co-author of the study, but “the faster the fire, the more easily it can escape control.” … ”  Read more from the LA Times.

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In commentary this weekend …

Often-criticized SGMA is state’s response to ag’s overpumping of groundwater

Tom Holyoke, Laura Ramos, and Cordie Qualle, members of the California Water Institute at Fresno State, write, “It’s the ten-year birthday of the Sustainable Groundwater Management Act, known as SGMA. While the law doesn’t take full effect with balanced groundwater management until 2040, there is already much to like. Its very enactment in 2014 meant California was finally getting serious about the problem of groundwater over-drafting and all the problems that go along with it, such as dry wells and subsidence. With Gov. Brown’s signature, California joined all the other western states in having some kind of groundwater law. Finally. Why, then, does SGMA (pronounced sigma) strike fear in parts of the state it is intended to help? … ”  Read more from the Fresno Bee. | Read via AOL News.

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In regional water news this weekend …

NORTH COAST

Judge rules against Northern California county in water access race discrimination case

“A federal judge on Friday granted in part a preliminary injunction against a Northern California county accused of discriminating against its Asian American population over access to water.  The plaintiffs live in parts of the county with no wells or other means of accessing water, and say that a blanket prohibition on transporting water offsite — which isn’t enforced across the board — disproportionately hurts Asian American residents.  U.S. District Court Chief Judge Kimberly Mueller ruled that the plaintiffs in the case against Siskiyou County and Sheriff Jeremiah LaRue will be harmed without a preliminary injunction. The judge ordered both sides to provide additional information within two weeks about the appropriate scope of that injunction, as well as a monetary bond.  County officials say the ordinance is meant to prevent illegal cannabis growers from taking groundwater and damaging the environment. Commercial cannabis grows are banned in the county. … ”  Read more from Courthouse News Service.

NAPA/SONOMA

Harmful algae bloom discovered in Lake Pillsbury

“Visitors to Lake Pillsbury in Lake County are being advised to stay out of the water after the State Water Resources Control Board said tests confirmed the presence of toxic algae, according to the board’s news release Friday afternoon.  The tests were conducted with the North Coast Regional Water Quality Control Board and revealed high levels of cyanotoxins that pose a dangerous risk to both humans and pets.  After reviewing the test results, the agencies decided to post “Danger” signs ― the highest advisory level ― around the lake, advising visitors to stay out of the water, including on water crafts, the release notes. … ”  Read more from the Santa Rosa Press Democrat.

Fuel tanker truck leaking fuel into Napa-Sonoma marsh off Highway 37

“A two-vehicle collision involving a fuel tanker truck snarled traffic on state Highway 37 in Solano County on Saturday afternoon and sent a “large quantity” of fuel into the surrounding marsh, according to the California Highway Patrol.  The collision occurred at about 2 p.m. west of Walnut Avenue and left those involved with minor injuries, according to California Highway Patrol spokesman Garrett Pumphrey.  The tanker truck with two compartments was overturned, causing fuel to leak into the Napa-Sonoma Marshes Wildlife Area west of Vallejo.  Pumphrey said the roadway was open as of 3:40 p.m. but said it would soon be fully closed for a hazmat cleanup operation. … ”  Read more from NBC Bay Area.

BAY AREA

Marin Municipal Water District seeks state grants for dam upgrades

“The Marin Municipal Water District is seeking $4 million in grants to fund two of its dam projects.  The district board unanimously approved two grant applications for the state Department of Water Resources’ safety and climate resiliency program. The grants would give up to $2 million for each project.  The funds would go toward repairing spillways at various dams and replacing valves and actuators at Phoenix and Lagunitas dams. Actuators help control water flow.  “This opportunity for the submission of these proposals seems like it’s quite new, or this is a new program focused on the maintenance of dams that predate a certain period,” Ranjiv Khush, the board president, said at its meeting on Oct. 15. “It’s a great opportunity that’s come up from our department resources and I was really excited to see that we jumped on it.” … ”  Read more from the Marin Independent Journal.

Invasive nutria species spreads further into Delta communities

“The latest push to eradicate nutrias — the large, fur-bearing, aquatic rodents that have become an invasive species in California’s wetlands — has shifted from San Joaquin County to neighboring areas in the Delta. The large rodents, which resemble beavers and are native to South America, were first discovered in the marshes of San Joaquin County in 2017. But the pests have recently been found in Solano, Sacramento and Contra Costa counties, according to reports from the California Department of Fish and Wildlife.  Weighing up to 20 pounds, nutrias thrive in wet environments, but they also can burrow into banks to create dens, causing erosion. The plant-eating animals can carry diseases and gobble up to 25% of their body weight a day. They destroy large swaths of marshland in the pursuit of a good meal, with devastating effects on wetland habitats, agriculture and water conveyance/flood protection infrastructure. … ”  Read more from Stocktonia.

CENTRAL COAST

Cal Am’s outsized water demand projections could prove profitable for the utility at the expense of ratepayers.

“David Schmalz here. There’s a lot going on in the world right now, and in the chaos it can be hard to focus on the brass tacks.   But ultimately, it’s the details that matter when it comes to governance, and that’s very much the case when it comes to our local water supply, regardless of where you live in the county.  Those brass tacks have long been a contentious issue on the Monterey Peninsula. Since 2009, the Peninsula’s private water utility, investor-owned Cal Am, has been unable to set new water meters because of a State Water Board imposed-cease-and-desist order related to Cal Am’s illegal overpumping of the Carmel River.  Meanwhile, the housing crisis has worsened considerably in the years since, as there’s mostly been a freeze on building new housing. … ”  Read more from Monterey Now.

SAN JOAQUIN VALLEY

Lodi receives clear message on groundwater mandates

“The message from the state of California is clear. Meet your water sustainability goals or else.  The Lodi City Council got the message at a special meeting on Tuesday afternoon when the public works department presented an update to the Eastern San Joaquin Groundwater Authority’s Groundwater Sustainability Plan. There are 16 water agencies in the groundwater authority, including Lodi, and the group is jointly responsible for formulating the sustainability plan, according to Travis Kahrs, Lodi’s water plant superintendent.  State law says local agencies must adopt sustainable groundwater management by 2040. The goal, or mandate, is to reach a sustainable yield of groundwater in the basin that is shared with users throughout the county and beyond. Each agency is required to submit a plan that includes sustainability goals that will stabilize the underground aquifer. … ”  Read more from the Lodi News-Sentinel.

Keyes soon to have the ‘best and safest water ever’

“Keyes Community Services District general manager Ernie Garza wants the people of Keyes to know that they don’t have to be “afraid of the faucet.”  Earlier this month, construction began on a long-awaited water filtration project in Keyes that will eliminate the chemical called 1,2,3-trichloropropane from being a threat to the town’s drinking water system. In 1992, 123 TCP was added to the list of chemicals known to the state to cause cancer, pursuant to California’s Safe Drinking Water and Toxic Enforcement Act. It has been used as a cleaning and degreasing solvent and also is associated with pesticide products, according to the state water resources control board.  The majority of funding for the $15 million Keyes project comes from President Joe Biden’s Bipartisan Infrastructure Law ($10 million). … ”  Read more from the Turlock Journal.

Setton irrigation project on county board agenda

“The environmental report for a major irrigation project planned by Setton Pistachios is on the agenda for Tuesday’s Tulare County Board of Supervisors meeting.  The meeting will begin at 9 a.m. A public hearing for the Setton project is scheduled for 9:30 a.m. The board will review the Setton Pistachio Treated Wastewater Land Application Expansion Project in which Setton (dba Rainbow Orchards III, LLC) plans to expand the area in which they will apply process water from their Terra Bella Pistachio facility to their pistachios orchards for irrigation.  The expansion would allow for Setton to increase the amount of pistachios it processes from an average of 101.4 million pounds year by 20.6 million pounds to 122 million pounds a year. … ”  Read more from the Porterville Recorder.

Public demands more water in the upper Kern River as part of power plant relicensing

“Residents, boaters, anglers and river lovers had their first say on the overall relicensing applicaiton for Southern California Edison’s power plant above Kernville and they uniformly demanded more water be put back into the upper Kern River.  Commenters to the Federal Energy Regulatory Commission urged it to reject Edison’s proposed minimum stream flows in its draft license application and adopt a proposal by the Kern River Boaters that uses an analysis of the Kern River done by the California  Environmental Flows Framework (CEFF) at University of California, Davis.  It’s time, commenters wrote, for regulators to give back enough water for the Kern River to support native cold-water trout, wash down sediment and provide for more consistent public recreation. … ”  Read more from SJV Water.

Kern River Valley tribe may have river rights that give it a big dog in the Edison power plant relicensing fight

“Tübatulabal Tribal Chairman Robert Gomez sat quietly for most of the four-and-a-half hour meeting about the adequacy of studies on the impacts of Southern California Edison’s Kernville power plant – Kern River No. 3 (KR3).  Then he calmly tossed in what could be a mini-grenade, just as things were wrapping up.  “I had a 30-minute dissertation ready to go,” he joked as meeting-weary participants folded papers and closed laptops. “Instead, I’ll just give my card to the attorney so he can follow up.”  Gomez said the Tübatulabal tribe was disenfranchised back in 1995 when KR3’s current license, set to expire in 2026, was being discussed.  “We weren’t allowed to participate after our request,” he said. … ”  Read more from SJV Water.

Studies on impact of Edison’s Kernville power plant debated, local tribe calls the whole process illegal

“More than two dozen people gathered recently in a Forest Service conference room in Kernville and online to sift through the details of reams of studies about how Southern California Edison’s Kern River No. 3 power plant affects everything from frogs to fishing.  The studies are part of Edison’s application to the Federal Energy Regulatory Commission to relicense the 40 megawatt plant. Its current license, issued in 1996, expires in 2026.  No detail from the mound of studies was too minute to escape the attention of the assembled anglers, boaters, river advocates and Native American tribe representatives.  Before the parties got into hashing through the studies, however, David Laughing Horse Robinson, representing the Kawaiisu tribe, insisted the entire process was illegal and needed to be stopped.  He said he and his tribe were never notified, nor consulted, about the relicensing application, something that needs to be first on the to-do list. … ”  Read more from SJV Water.

SOUTHERN CALIFORNIA

SCV Water wins 5th consecutive WaterSense award

“For the fifth consecutive time since its formation in 2018, the Santa Clarita Valley Water Agency has been recognized by the U.S. Environmental Protection Agency with a WaterSense Excellence Award.  SCV Water was presented with a WaterSense Excellence in Education and Outreach award recognizing many of the programs and projects spearheaded by the agency, according to a news release from SCV Water.  “It is a tremendous honor to win our fifth WaterSense Excellence Award in the last five years,” SCV Water Sustainability Manager Matt Dickens said in the release. “This is a huge honor for our conservation team, the agency, and the community as it recognizes the amazing work that all of us have done to support and enhance sustainable water use in the Santa Clarita Valley.” … ”  Read more from The Signal.

On the banks of the LA River, an audio experience explores ‘What Water Wants’

“The Los Angeles River is many things to many people and on one recent Saturday evening, for Ashley Sparks, it was art. She was one of a few dozen people who sat down at the river’s edge for the opening of an art activation called “What Water Wants” by Roston Woo.  “One of the things I appreciate about what he does is this relationship between policy and storytelling and nature and history,” she said. “He just has this beautiful way of weaving those things together.”  Woo moved to Los Angeles 15 years ago and says the LA River was one of the first places he visited. For him, the river is quintessentially LA.  “There’s both like incredible beauty and also kind of incredible horror…locked in together,” he explained, “and you sort of see the ways that people, plants and animals can really thrive in a very inhospitable environment.” … ”  Read more from Spectrum 1.

Hot, dry and dusty: When the Santa Ana ‘devil winds’ blow, Southern California takes cover

“There may be no weather pattern more iconically associated with Los Angeles than the Santa Ana winds.  One of the earliest written descriptions of the Santa Anas comes from the diary of Commodore Robert Stockton on the night of Jan. 6, 1847; the next day his forces captured Los Angeles on behalf of the United States.  And as the city has grown to assume a prominent place in American pop culture, it has given global renown to this local phenomenon, name-dropped by Raymond Chandler, Nancy Meyers and the Beach Boys.  The Santa Ana winds are notorious for being hot, dry, and dusty — traits that have earned them the nickname “devil winds” — but the quality that really defines them is their direction. … ”  Read more from the LA Times.

San Bernardino County works to prepare area in Line Fire burn scar for possible flooding, mudflows

“In Southern California, storm preparations follow after major wildfires. That’s what San Bernardino crews are now doing — preparing areas in the Line Fire burn scar for possible flooding and mudflows triggered by future storms.  The Line Fire, which ignited more than two months ago, is nearing 100% containment. With the wildfire winding down, the San Bernardino County Department of Public Works is scaling up its operations in areas impacted by the blaze.  In Cook Canyon above East Highland crews are getting an outlet pipe ready to receive storm runoff.  “We are adding a trash rack to the bottom of it so that when any debris flow that may come in, it’s filtered out and allows the water to go on through and out the channel,” said David Doublet, Assitant Director Department of Public Works. … ”  Read more from ABC 7.

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Along the Colorado River …

A rural Arizona community may soon have a state government fix for its drying wells

“Lisa Glenn has seen what happens when a rural desert community’s groundwater aquifer is pushed past its breaking point.  For 57 years, she’s lived in Willcox, Arizona, where farms dot the landscape. But over the past decade, as new industrial farming operations moving into the area drove a surge in groundwater pumping, her neighbors’ wells have run dry. Others have seen their land sink as the underground water supplies shrank.  “I know one woman whose house is basically split in two by subsidence,” she said.  For decades, she’s watched groups try to protect the aquifer by going to the legislature and advocating for laws that safeguard the water supplies of rural communities like hers. But time and again, they failed.But finally, change may be coming. … ”  Read more from Inside Climate News.

How Lake Powell’s water levels are changing ahead of looming winter drought

“Lake Powell’s water levels have experienced significant fluctuations throughout the year. From a three-year high in July, they are now 3,577 feet above mean sea level (MSL) as of October 24.  At this level, Lake Powell is 123 feet below the full pool level of 3,700 feet, according to data Lakes Online.  But while the lake is in much better shape than the historic lows of 2022, drought looms over the region this winter, which could stress water systems. Much remains uncertain as a possible La Niña may or may not develop in the Pacific Ocean in the coming months, impacting rainfall patterns across the nation.  Lake Powell, like many lakes in the West, including Lake Mead, has suffered from severe droughts in recent years. At this time in 2022, the water levels in what is the second-largest reservoir in the U.S. were critically low—nearly 50 feet lower than today. … ”  Read more from Newsweek.

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