In a press release, Senator Dianne Feinstein (D-Calif.) today announced the introduction of her Restoration of Essential Conveyance Act, a bill to authorize $800 million in federal funding “to repair critical canals in the San Joaquin Valley damaged by land sinking from overpumping of groundwater, known as subsidence, and for environmental restoration.” As I receive comments from fishing groups, conservation organizations, Tribal leaders, water agencies and others, I will post them here. Here is the full press release:
“Senator Dianne Feinstein (D-Calif.) today introduced the Restoration of Essential Conveyance Act, a bill to authorize $800 million in federal funding to repair critical canals in the San Joaquin Valley damaged by land sinking from overpumping of groundwater, known as subsidence, and for environmental restoration.
If the canals are not restored to their original capacity, 20 percent of the farmland – approximately 1 million acres – might have to be retired in a region that produces $36 billion in crops annually, including a third of the nation’s produce.
Representatives Jim Costa and TJ Cox (both D-Calif.) have introduced similar legislation in the House.
“We have to find better ways to use the water we have,” said Senator Feinstein. “Restoring the San Joaquin Valley’s canals is one of the most efficient ways to improve the sustainability of California’s water supply. It would allow us to capture more winter storm floodwaters and use that extra water to offset necessary reductions in groundwater pumping. This bill would give our farmers a fighting chance.”
Decades of overpumping groundwater has caused land beneath the canals to sink by more than 20 feet in some areas. Damage caused by this subsidence has caused the valley’s canals to lose up to 60 percent of their capacity.
Without new water sources, farmers could be forced to retire as much as one-sixth of the valley’s farmland to meet reductions in groundwater pumping required by California’s Sustainable Groundwater Management Act. A coalition of water users known as the Water Blueprint for the San Joaquin Valley estimates that as many as 85,000 jobs could be lost statewide if that farmland is fallowed.
Restoring canal capacity would allow farmers to offset reductions in groundwater pumping by capturing more water from winter storms and use it for groundwater recharge projects.
The bill would authorize $800 million for the federal cost-share of three major canal repair projects and a major habitat restoration project:
$200 million for California Aqueduct repairs, which would move an additional 205,000 acre-feet per year on average.
$200 million for the Friant-Kern Canal, which would move an additional 100,000 acre-feet per year on average.
$200 million for the Delta Mendota Canal, which would move an additional 62,000 acre-feet per year on average.
$200 million for the San Joaquin River Restoration Settlement to help restore salmon populations in the river.”
Ron Stork, Senior Conservation Advocate for Friends of the River, had a number of “quick observations” after reading Feinstein’s press release:
· “The press release assumes facts not in evidence: that the entities contractually responsible for maintaining the canal are unable to fully pay for reconstruction
· The press release fails to note the existence of a number of federal “banks” that can provide low-interest loans to entities responsible for canal reconstruction (see the 2018 AWIA, for example)
· The press release fails to reveal that the very same entities responsible for canal maintenance are composed of entities responsible for causing the subsidence that damaged the canals
· The press release fails to identify the entities contractually responsible for canal repairs: The million-acre strong Friant Authority for the Friant-Kern Canal, the California DWR and the State Water Project contractors for the California Aqueduct, and the San Luis and Delta-Mendota Canal Authority (in the process of assuming contractual responsibility) for the Delta-Mendota Canal
· The press release fails to examine the considerable financing capabilities of these entities contractually responsible for such reconstruction efforts
· The press release fails to note that the bill proposes to provide federal money to a facility of the state water project
· The press release fails to note that a bill in the California legislature proposes to liberally use state taxpayer money to fund the reconstruction of the federal owned Friant-Kern Canal
· The press release conflates the decisions to reconstruct these canals by those who hold the contractual obligation to do so and a decision by the Congress to provide taxpayer money to subsidize the reconstruction effort
· The press release fails to reveal that the Department of the Interior decided (perhaps illegally) that reconstruction of the Friant-Kern Canal could be funded by the Water Infrastructure Improvements for the Nation Act of 2016 (WIIN) “Water Storage Account” that was envisioned to be and perhaps is being created by repayments of remaining capital debt on the CVP — a slush fund to be controlled by the Secretary of the Interior, which by means of Advanced Repayments could amount to $600 million
· The press release fails to reveal that Senator Feinstein’s S. 1932 (her amendments to the WIIN making the Reclamation storage subsidy program permanent and other changes) makes “canal” projects “storage” projects and thus eligible for any successor to the “Water Storage Account” in S. 1932. In effect, the “Restoration of Essential Conveyance Act,” the WIIN, and S. 1932 would make billions available for subsidies for federal and non-federal canal and dam projects
· The press release fails to note the goal of the San Joaquin Valley Blueprint — to pump an additional 2 to 2.5 million acre-feet of Delta water and deliver it through a reconstructed and expanded network of canals to the southern San Joaquin Valley, and build the Temperance Flat Dam as well
· The press release fails to analyze the effect that the effect the combined subsidies in the WIIN, S. 1932, and the “Restoration of Essential Conveyance Act” would have on advancing the San Joaquin Valley Blueprint and the conflict with state law to reduce reliance on Delta exports
· The press release adopts the Blueprint talking points about the reduction in southern San Joaquin Valley agriculture and its effect on jobs — not recognizing that farm labor jobs that may be reduced may be countered with other jobs increases in less water-intensive industries that may be developed in or around retired lands.”