Decision implies that data gathering is construction, a ruling that is inconsistent with the intent of the Delta Reform Act and the basic reality of how infrastructure projects are built. Abuses of the legal process continue to halt progress on essential infrastructure projects and strain water affordability.
From the State Water Contractors:
Last week, the Sacramento County Superior Court ruled that geotechnical investigations for the Delta Conveyance Project will not be allowed to continue, hindering the progress toward California’s most important climate mitigation project.
Despite the Delta Stewardship Council’s recent decision that the Delta Reform Act does not regulate geotechnical work associated with the Project, the court affirmed its previous injunction on this important work. Geotechnical work — collecting soil samples — is needed to inform engineering, design and cost estimates before finalizing design and initiating construction.
Statement from Jennifer Pierre, General Manager of the State Water Contractors:
“Once again, common sense has been defeated in California, continuing to drive the cost of living up and putting water supplies at risk. The court has ruled that collecting soil samples to further refine engineering and design is the same as the implementation of the Delta Conveyance Project.
This decision unnecessarily delays collecting the engineering data needed for California’s highest priority water infrastructure project and jeopardizes water supply reliability for over 27 million residents. As the state’s leaders are busy mitigating the impacts of our rapidly changing climate, this court has sided with a vocal minority who, ironically, oppose the very data gathering that allows for informed environmental decision-making.
The State Water Contractors strongly oppose the court’s decision. The decision is wholly inconsistent with the legislative intent of the Delta Reform Act and ignores the practical reality of how innovative and beneficial projects, including other types of infrastructure like housing, transportation or energy projects, are planned and delivered. It also sets a dangerous precedent. Imagine if all infrastructure projects were prohibited from collecting necessary engineering data before they could start construction.
Californians can’t afford to waste any more time. We need to make forward progress to modernize our water delivery system and ensure sustainable and reliable access to the water that powers California’s homes, farms and businesses.”
