Kearns and West, the same controversial organization that “facilitated” the meetings for the privately-funded Marine Life Protection Act (MLPA) Initiative to create so-called “marine protected areas” on the California Coast, on Monday announced that the Department of Water Resources (DWR) and the State Water Project (SWP) Contractors will extend negotiations for the proposed amendments to the SWP water supply contracts into September 2019.
“The public negotiation process is expected to result in an Agreement in Principle (AIP) among DWR and the SWP Contractors that describes a methodology for cost allocation and the related matters that would be the basis of a contract amendment if a project is approved and after all necessary environmental review,” the Kearns and West Facilitation Team said. “Environmental analysis of the proposed amendments and of the underlying Delta conveyance facility itself, in accordance with the California Environmental Quality Act, as well as the development of actual contract amendment language would follow development of the AIP.”
“DWR has opened negotiations to the public to allow the opportunity to observe and provide comments to DWR at the end of each negotiation session, according to Kearns and West. Written comments may also be submitted within seven (7) calendar days following each negotiation session,” the team stated.
The process that DWR will follow to enable members of the public to observe and comment on the negotiations will be consistent with the "Principles Regarding Public Participation Process in SWP Contract Negotiations," which were approved as part of the settlement agreement reached in the case titled, Planning and Conservation League et al. v. Department of Water Resources, 83 Cal.App.4th 892 (2000).
August and September Session Date(s)
A session is still planned for August 26, 2019 and two additional sessions are anticipated for September 4, 2019 at the Courtyard Sacramento Midtown, 4422 Y Street, Sacramento, CA 95818, and September 11, 2019 at the Holiday Inn, 300 J Street, Sacramento, CA 95814. All sessions are expected to start at 10:00am and adjourn by 4:00pm. Additional sessions may be scheduled as needed.
Please contact Brian "BG" Heiland at (916) 653-4547 or by e-mail atBrian.Heiland@water.ca.gov if you have any questions or need additional information.
Winnemem Chief Asks Delta Tunnel Amendment Negotiators: When Will Tribal Water Rights Be Discussed?
During the public comment period at the first negotiations meeting in Sacramento on July 24, Caleen Sisk, Chief of the Winnemem Wintu Tribe, posed a number of questions and comments to DWR officials and the negotiators, including a question on when tribal water rights, which have not been discussed by the state and federal governments in previous or current Delta Tunnel planning, will be finally discussed.
According to the ground rules for the negotiating sessions, “The comment period is designed for input and not for exchanges with the negotiators, therefore the negotiators will listen to comments without responding,” so the negotiating parties didn't respond.
First, Chief Sisk asked, “How and when will the California Environmental Water Quality Act (CEQA) and AB 52 be considered?”
Assembly Bill 52, signed by Governor Jerry Brown on September 25, 2014, created a new category of environmental resources that must be considered under the California Environmental Quality Act: “tribal cultural resources.”
The legislation imposes requirements for consultation regarding projects that may affect a tribal cultural resource, includes a broad definition of what may be considered to be a tribal cultural resource, and includes a list of recommended mitigation measures.
Second, Chief Sisk asked if a “Delta smelt revitalization plan” would be considered as part of the negotiations.
Third, Sisk said improved water flows are needed for salmon spawners and fry on the Sacramento River and its tributaries.
Fourth, she said they needed to consider discuss an “invasive plants eradication plan” for the Sacramento River.
Fifth, Chief Sisk, emphasized, “We need to discuss Tribal Water Rights. When can this be discussed?”
After speaking, Chief Sisk told me about the Tribe’s continued opposition to the Delta Tunnels. “I don't think we need one tunnel to dig up the Delta because we don’t know what we will get when we dig up the Delta,” she noted.
“Our belief is that Mother Earth made the Delta the way it is because it is a fully functional and perfect system. By digging the Delta up, we don’t know how it will end up. You don’t want to ruin a perfect system for an imperfect project. You can’t negotiate a perfect system. Once we dig up the Delta, you can’t return it to its natural state,” stated Sisk.
DWR has rescinded performance standards for Delta Tunnel project
Deirdre Des Jardins of California Water Research expressed her concerns that the Department of Water Resources has rescinded performance standards for the Delta Tunnel project.
“The public water agencies have made a first offer that includes setting the Delta tunnel capacity and alignment,” said Des Jardins. “But as public water agencies, you should be concerned that the performance standards for the Delta tunnel project have been rescinded. The performance standards included requirements that the facilities be designed to withstand a maximum earthquake in the Delta, and to have a 100 year lifetime.”
She said the deletion of the requirement for a 100 year lifetime is of “major concern” because of the sea level rise forecasted by climate scientists.
“The impact of sea level rise on the proposed location of the North Delta intakes was last evaluated in 2010. The modeling assumed 55 inches of sea level rise, and no failure of levees in the North Delta,” said Des Jardins.
You can read her blog at: cah2oresearch.com/2019/08/06/dwr-rescinds-engineering-performance-standards-for-delta-tunnel/
Other members of the public present for the meeting included Bob Wright, Senior Counsel for Friends of the River; Mike Brodsky, Counsel for the Save the Delta Alliance; and Charlotte Allen for the Sierra Club California.
Process is turned upside down
After the meeting, Wright said, “DWR made it clear at the outset that this process is being done separate and in advance of the CEQA process and the Governor’s water resilience portfolio process.”
“In other words, the process is upside down in terms of doing as much as possible to, before rather than after, learning from the CEQA and water resilience portfolio processes, whether there is any real need for a water tunnel project, and if so, whether the economic costs and/or environmental harms outweigh any benefits from such a project,” said Wright.
“The Contractors seek an agreement in principle that would include a definition of the project to include capacity, and general configuration including alignment, number of intakes, tunnels, pump stations, and so forth. They include language at the end that DWR and the Contractors would retain discretion under CEQA to consider and adopt alternatives, including not going forward with the project. Returning to reality, the Contractors, seek an in advance agreement on what they want prior to even starting the CEQA process and prior to completing the Gov.'s water inventory and assessment, and water resilience portfolio process,” he stated.