In October, the Department of Water Resources (DWR) filed a certification of consistency with the Delta Plan for the geotechnical activities associated with the Delta Conveyance Project. The draft certification only concerns certain geotechnical activities related to data collection (cone penetration tests, soil borings, and water quality sampling within soil borings), and not for the project in its entirety. Four appeals by about eighteen local agencies, conservation groups and Tribes were filed before the deadline. The Delta Stewardship Council has scheduled a public hearing for the appeal on December 19.
The appeals process
The 2009 Delta Reform Act created the Delta Stewardship Council and charged the Council with preparing a long-term management plan (the Delta Plan) for achieving the coequal goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. The Act also specifies that the coequal goals shall be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place.
The Delta Reform Act requires that any state or local agency doing a project in the Delta that meets the definition of a ‘covered action’ certify that those actions they are taking are consistent with the Delta Plan. Any person who feels that a proposed action is inconsistent with the Delta Plan and that it will significantly impact the achievement of one or both of the coequal goals may file an appeal with the Council.
What is being appealed
DWR submitted a certification of consistency for geotechnical activities following a court ruling that required it before proceeding with work related to the Delta Conveyance Project. DWR views these activities as preliminary and separate from the project’s implementation, but appeals argue this is “piecemealing” and inconsistent with CEQA, insisting the entire project be considered.
The appeals were filed by conservation groups, Tribes, and Delta water agencies. The appeals highlighted issues such as exclusion of Tribes and environmental justice communities, improper communications between DWR and the Council, lack of mitigation measures for agricultural impacts, and failure to use best science. They also cite inconsistencies with Delta Plan policies, including habitat protection and adaptive management. For more on the issues being appealed, click here.
The hearing process
The hearing is scheduled for December 19 at 9:30am at the Natural Resources building in Sacramento. At the hearing, the appellants and the Department of Water Resources will each be provided an opportunity to make an oral presentation at the hearing. The Delta Protection Commission may also make an oral presentation. The presentations will be limited to the issues and facts raised in the appeals.
The Council will determine if the certification of consistency is backed by substantial evidence in the certified record. It’s up to the appellants to prove that it isn’t. The Council won’t consider any issues not mentioned in the appeals.
The Council will issue written findings no later than 60 days following the hearing.
For more information and to access all the documents related to this appeal, click here.
Notice of Public Hearing 2024-2026 GeoTech NOV1424 (2) (1)
