Four California Congressmen have sent Governor Gavin Newsom a letter expressing concerns over outdated water regulations that could result in the loss of 600,000 acre-feet of water. They argue that these regulations, combined with California’s variable hydrology, could have significant consequences for the state’s agricultural industry, communities, and fisheries.
The letter highlights three primary reasons for California’s water shortages: insufficient precipitation and snowpack, the need for improved water storage and conveyance, and “fixed and outdated regulations that lead to water being used in ways that do not maximize beneficial uses for humans and the environment.
Specifically, the Congressmen point to the “Port Chicago” standard, adopted in 1999 and revised in 2000 under Water Rights Decision 1641 (D-1641). This regulation was originally intended to support the Delta food web by increasing reservoir releases and reducing Delta exports. However, the letter notes that the scientific basis for this standard is no longer valid due to changes in the Delta ecosystem caused by a clam infestation in the late 1980s.
“The past few decades of scientific research and development have changed the scientific understanding of food web dynamics to be more connected with tributary inflow, rather than Delta outflow,” the letter states. It further argues that the regulation’s implementation could negatively impact cold-water availability for salmonids, a critical factor for supporting salmon populations.
“The potential loss of 600,000 acre-feet of water as a result of a nearly 30-year-old regulation – intended to address in-Delta conditions that no longer exist due to a clam infestation – particularly given its potential impact on cold-water availability for salmonids and the dry conditions in the current forecast, is simply unconscionable,” the letter states.
The Congressmen urge Governor Newsom and state agencies to reevaluate the efficacy of the Port Chicago standard and to modernize California’s water system operations. They emphasize the need to protect water supplies for both people and fisheries, aligning with the direction outlined in Executive Order N-16-25.
“Given these realities and in light of direction in EO N-16-25, we urge your agencies to analyze the efficacy of this action and to use
all available tools to modernize operations of California’s water system to protect water supply for its people and its fisheries,” the letter concludes.
