From the Department of Water Resources:
Today the Delta Stewardship Council (DSC) affirmed that the Department of Water Resources’ (DWR) planned geotechnical investigations are not a “Covered Action” under the Delta Reform Act. Therefore, the DSC dismissed all appeals on the grounds that it does not have jurisdiction over these planned geotechnical activities.
In order to come to that conclusion, the DSC considered whether project proponents can consider portions of a project in the Delta Plan consistency process. In consideration of the scope of the 2024-2026 Proposed Geotechnical Activities, the DSC found that DWR was able to consider geotechnical activities independently from the Delta Conveyance Project.
Although the 2024-2026 Proposed Geotechnical Activities are not a Covered Action, the activities are important. They are expected to yield important data about soil properties and water quality. This data, in turn, will inform the planning and design of the Delta Conveyance Project as well as the extensive list of future funding and permitting decisions that are required before DWR could implement the Delta Conveyance Project.
DWR appreciates the time and effort the DSC put into the hearing process and agrees with their conclusion. Based on the DSC decision, DWR hopes to proceed with this important data collection work in the near future.
As noted by the DSC, the determination only applies to the 2024-2026 Proposed Geotechnical Activities. DWR acknowledges that it will need to continue working toward the development and submission of a future certification of consistency for the Delta Conveyance Project.
The DSC’s documents can be found here.
Statement from Jennifer Pierre, General Manager of the State Water Contractors
“The State Water Contractors applaud the Delta Stewardship Council’s decision to dismiss attempts to delay the Department of Water Resources from performing geotechnical activities critical to informing the engineering and design of the Delta Conveyance Project.
We appreciate the hard work Delta Stewardship Council members and staff have undertaken throughout the hearing process and agree with their decision that, while the geotechnical activities are an important part of informing future decisions about the Delta Conveyance Project, they do not represent implementation and are, therefore, not under the purview of the Delta Stewardship Council.
As the State Water Contractors previously stated, these appeals were clear attempts to delay progress on one of California’s most critical water infrastructure projects — putting California’s future water security at risk and making climate adaptation more expensive.
The State Water Project is currently utilizing technology and infrastructure that is nearly 70 years old. Modernization projects like the Delta Conveyance Project are imperative to ensuring sustainable and reliable access to the water that powers California’s homes, farms and businesses. We look forward to continuing to work with the state to move this critical project forward and secure California’s water future.”
