The court reversed an earlier preliminary injunction on geotechnical work done to inform the design of the Delta Conveyance Project
From the State Water Contractors:
Last week, California’s Third District Court of Appeals overturned a lower court’s injunction that had prohibited preconstruction geotechnical work for the Delta Conveyance Project (DCP).
Geotechnical work refers to the process of collecting and analyzing soil samples at the project site. The analysis of these samples will inform engineering, design and cost estimates before finalizing design and initiating construction.
This decision is a victory for supporters of California water security, including the Department of Water Resources and the State Water Contractors, who have long said that geotechnical work is an essential data-gathering step, but is not a covered action under the Delta Reform Act, nor is it part of the DCP covered action, so no certification of consistency with the Delta Plan is needed before data gathering may begin.
The reversal is important for preconstruction data gathering to inform the DCP’s design and reflects a common-sense interpretation of the Delta Reform Act and what is necessary to build infrastructure in California’s Sacramento-San Joaquin Delta.
Statement from Jennifer Pierre, General Manager of the State Water Contractors:
“This decision confirms what rational people already know: that geotechnical work is an important data gathering step, necessary to fully scope the Delta Conveyance Project, but is not in itself a covered action or initiation of the Delta Conveyance Project. Opponents continue to use every possible avenue to delay this critical project, including interfering with our ability to collect the information necessary to make informed decisions about investing in the project. This ruling rejects that tactic and reflects the on-the-ground reality of what it takes to build essential infrastructure in California and the Delta.
“By allowing geotechnical work to proceed, all parties will gain valuable insights into Delta soil conditions. The data gathered through this process will inform engineering, design and cost estimates, which are needed for progress on the Delta Conveyance Project.
“The Delta Conveyance Project will provide unparalleled water security for 27 million people and nearly a million acres of farmland by bolstering the State Water Project — the backbone of California’s water system.
“The State Water Contractors are encouraged by this decision, and we are eager to move beyond frivolous lawsuits and towards building the reliable water future that Californians deserve.”
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The State Water Contractors is a statewide, non-profit association of 27 public agencies from Northern, Central and Southern California that purchase water under contract from the California State Water Project. Collectively, the State Water Contractors deliver water to more than 27 million residents throughout the state and more than 750,000 acres of agricultural land. For more information on the State Water Contractors, please visit www.swc.org.
