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Water Package Implementation California's Water Future

California's Water Future

Is the Water Bond still on the ballot for 2012?

Yes. The water bond was originally part of the historic five-bill package of water legislation adopted during the California Legislature's Seventh Extraordinary Session in 2009. The California Constitution provides that the Governor may call the Legislature into special session by proclamation. A bill passed during an extraordinary session is abbreviated with an X and the session number, either before or after the bill number. (So, for example, SB 2 from the 7th Extraordinary Session will often appear as either SB 2 X7 or SBX7 2.) SB 2 X7 (Cogdill) placed an $11.14 billion bond on the November 2010 ballot. In August 2010, when it appeared a bond was likely to be unsuccessful due to the slow economy, AB 1265 (Caballero) was passed and signed by then-Governor Schwarzenegger. AB 1265 deleted provisions that would have allowed private companies to hold ownership rights in publicly-funded water storage facilities and moved the bond to the November 2012 election.

The bond is still slated for this November, but the leadership of both the California Senate and Assembly are engaging in discussions with stakeholders about reducing the size of the bond, moving the bond, or both. If agreement is reached, a bill would need to be passed to change and/or move the bond. Any bill that would change the bond would require approval by a 2/3rds vote of each house of the Legislature.

What is the Bay Delta Conservation Plan or "BDCP"?

The Bay Delta Conservation Plan (BDCP) process is a stakeholder-driven effort to obtain 50-year endangered species act permits for State Water Project (SWP) operations in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Bay Delta) by developing a Habitat Conservation Plan (HCP) under the federal Endangered Species Act and a Natural Community Conservation Plan (NCCP) under the State Natural Community Conservation Planning Act. The goal of the BDCP is to provide a long-term solution for achieving the "coequal goals" – balancing water supply reliability while improving ecosystem restoration and protection.

If the BDCP process succeeds in crafting a plan that meets NCCP and HCP standards, then the Department of Fish and Game, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) will issue fifty-year permits that include some level of "regulatory "assurances." Regulatory assurances mean that if the plan is implemented as approved then no further money, water, or land can be required to address the impacts to species from SWP operations (and all of the other activities covered in the Plan) beyond what is included in the Plan.

Because DWR and the federal Central Valley Project (CVP) operate in a coordinated fashion pursuant to a 1986 agreement, a change to DWR's operations also changes the CVPs. In essence, that means the U.S. Department of Interior, Bureau of Reclamation (Reclamation), which operates the CVP, will need to ask for new federal Endangered Species Act authorization based on their "new" operations that include BDCP. That is why the current BDCP environmental review document is meant to meet both the California Environmental Quality Act (a state law) and the National Environmental Policy Act (a federal law) and why DWR, Reclamation, USFWS and NMFS are all lead agencies.

In 2009, SB 1 X7 (Simitian) from the historic water package of legislation adopted in 2009, made the "coequal goals" law for California and also placed certain requirements on the BDCP process. More can be found out about the 2009 water package, and the five bills that formed the package, below.

For current information on the BDCP process, click here.

What is the Delta Plan and how is it different from the Bay Delta Conservation Plan (BDCP)?

SB 1 X7 (Simitian) included the "Sacramento-San Joaquin Delta Reform Act of 2009" (Delta Reform Act) (Water Code Section 85000 and sequence). The Delta Reform Act included several important state policies, including a policy of reduced reliance on the Delta in meeting California's future water supply needs. Importantly, the Delta Reform Act created a new Delta Governance entity: the Delta Stewardship Council (Council).

The Council is an independent state agency whose 7-member body consists of four appointments by the Governor and two by the Legislature plus the chair of the Delta Protection Commission. The Council is tasked with developing, adopting, and commencing implementation of a long-term plan (the "Delta Plan") which emphasizes the coequal goals of "providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem" as foundation for state decisions as to Delta management. The Delta Plan includes, but is not limited to measures, which must:

  • Promote state-wide water conservation, water use efficiency, and sustainable use of water;
  • Improve water conveyance and storage and the operations of both to achieve the coequal goals.
  • Attempt to reduce risks to people, property, and state interests in the Delta by promoting effective emergency preparedness, appropriate land uses, and strategic levee investments.
  • Determine whether state or local agency projects are consistent with the Delta Plan, including the BDCP described above.

The Delta Reform Act also established the Delta Independent Science Board (Delta ISB) and the Delta Science Program. The Delta ISB consists of 10 nationally and internationally prominent scientists appointed by the Council. The Delta ISB reports to the full Council and is tasked by the Delta Reform Act with providing the best possible unbiased scientific information to inform water and environmental decisionmaking in the Delta. In particular, The Delta Reform Act requires the Delta ISB to conduct independent reviews of specific products to be developed in the BDCP process, including the Draft Environmental Impact Statement/Report being developed pursuant to both the National Environmental Policy Act and the California Environmental Quality Act. The Independent Science Board has also been asked to review proposed BDCP-related water operations.

For the most up-to-date information on the development of the Delta Plan or the work of the Delta ISB or Science Program, click here.

What are the Delta Protection Commission and the Delta Conservancy?

The Delta Protection Commission

SB 1 X7 (Simitian) from the 2009 water package of legislation, restructured the Delta Protection Commission, which was an existing state entity, and made the Delta Protection Commission Chair a member of the Delta Stewardship Council. The mission of the Commission is to ensure orderly, balanced conservation and development of Delta land resources and improved flood protection. This includes, but is not limited to, agriculture, wildlife habitat, and recreational activities. SB 1 X7 required the Commission to adopt a Delta Economic Sustainability Plan in order to help inform the Delta Plan. More on the Delta Protection Commission and the Delta Economic Sustainability Plan can be found here.

The Delta Conservancy

Besides restructuring the Delta Protection Commission and creating the Delta Stewardship Council, SB 1 X7 also included the Sacramento-San Joaquin Delta Conservancy Act, creating the Delta Conservancy (Conservancy) in order to implement collaborative and beneficial projects.

The Conservancy describes its mission as leading "efforts that advance environmental protection in the Delta and the economic well-being of Delta residents." The Conservancy's goal is to implement projects that will result in integrated environmental, economic and social benefits. To reach that goal, the Conservancy works with local communities, interested groups and state and federal agencies to seek creative opportunities to address challenges and reach agreement for moving these efforts forward. The Conservancy strives to ensure that programs and projects are prioritized and funded in a balanced manner according to geography and our legislative responsibilities. A link to the Delta Conservancy can be found here.

What was the "Historic Package of Water Legislation" in 2009?

In 2009, the California Legislature took bold steps during the 7th Extraordinary Session by passing a 5-bill package of water legislation that addressed the collapse of the ecosystem in the Sacramento-San Joaquin Delta Estuary as well as the overall need for better conservation, management, measurement and enforcement of our State's water resources.

Assemblymember Jared Huffman, Chair of the Assembly Water, Parks and Wildlife Committee played a key role as one of the lead authors and negotiators of the five-bill package that was signed by the Governor in November 2009. "The water package was big and complex," said Huffman. "But in many ways it represented a leap forward in California water policy. We made the coequal goals of increased water supply reliability and a restored Delta ecosystem law but at the same time we recognized the Delta is over-allocated. So, we adopted a State policy of reduced reliance on the Delta in meeting California's future water needs through common sense investments in water use efficiency, water recycling, and other technologies that create local water independence."

"I believe history will show this was the moment when California stepped up and started making tough decisions to save the most important estuary on the West Coast of the Americas, to rescue our iconic salmon runs from extinction, and to more responsibly and effectively manage our limited water resources," said Huffman.

Since that time, Huffman has continued working to ensure the success of the new policies and the new Delta governance framework. "Our work is not done here," said Huffman. "We must continue to build on and strengthen what we've begun."

Click here to read more about what others had to say about the water package. Each time you see a word highlighted in blue below, you may click that link for additional information.

What were the five bills that formed the Water Package?

Senate Bill 1 (Simitian) addressed Delta governance and established the framework to achieve the co-equal goals of providing a more reliable water supply and restoring and enhancing the Delta ecosystem.

Senate Bill 2 (Cogdill) placed an $11 billion bond on the November 2010 ballot for water supply, storage, conservation, sustainability and remediation projects and programs.

Senate Bill 6 (Steinberg) required all California groundwater basins and sub-basins to be regularly and systematically monitored locally and the resulting information made widely available.

Senate Bill 7 (Steinberg) required the State to achieve a 20% reduction in per capita water use by 2020.

Senate Bill 8 (Steinberg) increased reporting of water diversion use for certain specified users, added fines, including for willful misstatements or tampering with measuring devices, and provided the State Water Resources Control Board twenty-five new enforcement positions.

Click here for a detailed summary of each bill's provisions.

Once the water package passed, was that it? Or does the Legislature continue to be involved?

The Legislature continues to be involved by providing oversight. In particular, the Assembly Water, Parks and Wildlife Committee is one of the standing committees of the Legislature and is tasked with providing policy guidance on matters related to water resources, flood management, fish and game, parks and recreation, and wildlife.

As Chair of the Assembly Water, Parks and Wildlife Committee, one of Assemblymember Huffman's priorities has been to convene oversight hearings to provide the public with information regarding implementation of the historic water package.
Click here to access agendas, statements, background documents, archived videos and other information from Assembly Water, Parks, and Wildlife Committee information and oversight hearings.

Can I find out if my water is safe to drink?

Yes. The State Water Resources Control Board, a state agency that falls under the California Environmental Protection Agency, has created a web portal called "My Water Quality," which can be accessed by clicking here.

The web portal is supported by a wide variety of public and private organizations and presents California water quality monitoring data and assessment information. Information can be retrieved by clicking on one of four theme areas:

  • Is our water safe to drink?
  • Is it safe to swim in our waters?
  • Is it safe to eat fish and shellfish from our waters?
  • What stressors and processes affect our water quality?

Can I find out where my water comes from?

Yes. The Water Education Foundation, a nonpartisan organization that provides information about water resource issues, has created a web-based tool that explains where different areas of California get their water – whether from groundwater, surface water, imported supplies or local supplies. You can access the "Where does my water come from?" portal by clicking here.

Capitol Office:
State Capitol
P.O. Box 942849
Sacramento, CA
94249-0006
Tel: (916) 319-2006
Fax: (916) 319-2106

Marin County:
3501 Civic Center Drive
Suite 412
San Rafael, CA 94903
Tel: (415) 479-4920
Fax: (415) 479-2123

Sonoma County:
11 English Street
Room 15
Petaluma, CA 94952
Tel: (707) 773-0606
Fax: (707) 773-1033

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