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Legislation to help manage our water

Legislators concerned about the state water issues have just sent a bill (AB 301) to the governor’ desk. If passed, this legislation would force water bottlers to reveal exactly how much of our water they are taking. This is commonsense legislation for a state with huge water problems — after all, how can we begin to properly manage our water resources if we don’t know how much industry is taking?

Some water bottlers are are taking their water directly from our municipal water supply and others are drawing from springs on private land that can also impact local water sources and wells.

Click here to go to the Food and Water Watch form to encourage the governor to weigh in on the side of water and not bottlers.

AJR-38 and 2-Gates Update

AJR-38 passed the Senate (1 Nay vote) – to the Governor for sign-off
We posted on August 16th that the Senate Committee on Natural Resources and Water revised the 2-Gates bill, AJR-38 and removed the request to prioritize the 2-Gates project and instead only to complete the study to determine whether or not to go forward with 2-Gates. That change was sufficient for all of the members of the Senate Natural Resources and Water Committee to vote yes.

On August 18, the Assembly reviewed the Senate revision. Assembly comments:

    1) Acknowledged that from 2007 to 2009 California experienced water
    management challenges due to a severe drought and, to a lesser
    extent, the need to prevent the extinction of Delta fish

    populations protected by FESA, CESA, or both and that drought,
    recession and other hardships contributed to the economic
    dislocation of rural farming communities
    on the west side of the
    San Joaquin Valley.

    2) Recognized the Two-Gates Project as an experiment that proposes
    to install barriers and gates across two Delta rivers with a
    hypothesis that this would reduce the loss of Delta smelt at the
    SWP/CVP pumps and an inference that such a reduction would allow
    greater SWP/CVP export water deliveries.

    3) Requested USDOI to complete the Two-Gates Project study.

Isn’t something missing here?
The assembly recognized that the main water issues were “due to a severe drought” and only “to a lesser extent, the need to prevent the extinction of Delta fish.” They also recognized that it’s a combination of “drought, recession and other hardships”, not Delta fish that impacted farming communities (and as we now know, most of the hardships were in the construction business). This is an “experiment”. Yet this resolution moves forward to complete the study of the 2-Gates.

The recent State Water Board Delta Flows report stated the crisis in the Delta is too much water being extracted and the legislators are saying they want “greater SWP/CVP export water deliveries.” We say reliable exports, yes. More water exported, no.

What’s also missing is legislative recognition of the impact the 2-Gates will cause to Delta communities. Besides 1) above, there should be a 1B:

    1B) Acknowledged that the installation of these 2 Gates would cause
    economic and other hardships to the Delta Communities and to all
    those that use the South Delta waterways, cause safety issues,
    and are likely to negatively impact Delta fish and wildlife.

And then, if they would acknowledge these facts, wouldn’t the resolution logically be killed and the study stopped?

Only 4 Assembly members voted no in May 2010 when the resolution was first voted on. The Assembly vote was 63-4 with Nay votes from the Discovery Bay Assemblymember representative Joan Buchanan plus Gaines, Niello, Yamada. Only one Senator voted no last week. Mark DeSaulnier the senator that represents Discovery Bay and other Delta communities was the lone “NO” vote.

Today the Delta Stewardship Council released the Final version of their Interim Plan. It lists as the first responsibility under the DWR:

  • “Efforts to cooperate in the construction and implementation of the Two-Gates Fish Protection 21 Demonstration Project by December 1, 2010”.

The study hasn’t been completed, the DWR and many others know it is not a good idea. Why is there still an aggressive implementation date?

Sometimes it seems people are starting to listen to reason and rational thought concerning the Delta. The DWR understood the issues and concerns when they wrote their Dec. 22, 2009 letter putting 2-Gates on hold for more scientific analysis. The Obama Adminsistration and EPA called for additional environmental analysis. Newspapers are now reporting more about water issues and exposing private special interests. Then the senate passes AJR-38. We’ll have to see what happens next.

Something’s not right about this California water deal

An interesting article in the L.A. Times last week:

“A lawsuit by water agencies and environmental groups contends the Kern Water Bank transaction was essentially a gift of public property to private interests and therefore violates the state constitution.”

“That’s the theme of a lawsuit filed a few weeks ago alleging there’s something smelly about how a group of private interests — notably a huge agribusiness owned by the wealthy Southern California couple Stewart and Lynda Resnick — got control of an underground water storage project the state had already spent $75 million to develop.”

It will be interesting to see how this lawsuit progresses. Their goal is to return the Kerns Water Bank “into the state’s water management plan, so a precious and dwindling natural resource can serve everyone in the state, not just a few powerful farm companies and real estate developers.”

To read the entire L.A. Times article, click here.

Bottled Water and Privatization

Please view this video:

Nestle Steals Water; excerpt from FLOW, an excerpt from the 2008 Sundance Film Festival documentary “For the Love of Water”. The message is pertinant because, as we reported in the post Sacramento has Excess Water? earlier today, Nestlé just signed a 10-year agreement with Sacrmento to open a new bottling plant which will use Delta water to bottle. This film shows what happened when Nestlé opened a bottling plant in Massachusetts (very scary) and raises the question of who owns water and who gets to make decisions about water.

It’s not just in Massachusetts – there is a YouTube video from Ontario, Canada about Nestle collapsing the groundwater aquivers

“We have fundamental problems with profiting from water, which is a public resource,” said Emily Wurth, water-program director at Food and Water Watch, a Washington, D.C., research and advocacy group that opposes privatizing water utilities and bottling water.

We need to make it illegal for water rights to be privatized.

To view the FLOW video, click here.

Sacramento has excess water?

“Excess” tap water in Sacramento, Calif., is helping supply a new Nestlé bottling plant.

The new bottling plant initially will bottle up to 150 acre-feet of water annually, purchased from the city of Sacramento and from nearby private springs.

The bottler signed a 10-year lease with options to extend. That’s another water contract state agencies have signed continuing the process of over-committing water we don’t have.

This may have been a wet year, but has everyone forgotten the past four years of drought or the July 20th State Water Report that says the Delta needs more water flowing through it than is currently allowed due to excess water exports?

If Sacramento has excess water, why do they need four new pumps? The four new Freeport pumps near Sacramento are anticipated to go on-line in 2011. The pumps are a joint project by the Sacramento County Water Agency (SCWA) and the East Bay Municipal Utility District (EBMUD) of Oakland to supply 85 million gallons of water per day from the Sacramento River to customers in central Sacramento County and the East Bay area of California.

We’re in a state water crisis! We need to be importing bottled water into California from water-rich states. There is no “excess” water here.

Senate Committee votes YES on 2-Gates Study

The Senate Committee on Natural Resources and Water voted a unanimous “YES” this week on 2-Gates AJR-38.

AJR-38 says “This measure would request the United States Department of the Interior to prioritize completion of its study of the Two-Gates Fish Protection Demonstration Project in the Sacramento-San Joaquin Delta. … The project should be expeditiously analyzed … and, if viable, implemented.”

The unanimous senate committee vote means passage by the Senate is likely. Even committee member Senator Lois Wolk, typically a strong supporter of the Delta voted YES. This is after the senate committee analysis clearly stated the objections the Delta communities have raised:

    “Opponents argue that the science does not support moving forward with the project. They question why the state would attempt to restart a project determined not to be viable and one that has serious impacts on the Delta and its communities. In particular, they note that the project, by blocking Old River and Connection Slough, would pose serious navigation problems, not just for recreational boaters, but for emergency marine response crews as well.”

Hearing our grave concerns, why would the legislature even consider continuing this study?

The legislature needs to push for real solutions, not spending money to study projects that should never be implemented.

Sounds like the special interest water groups have more pull on our legislators than common sense.

The list of those who are pushing AJR-38:

    Metropolitan Water District of Southern California
    Southern California Water Committee
    Association of California Water Agencies
    Chambers of Commerce Alliance (Ventura & Santa Barbara Counties)
    City of San Diego

Those who oppose it:

    Contra Costa County
    Sacramento County
    Solano County
    Yolo County
    Recreational Boaters of California

If you are concerned about a re-start to the 2-Gates Project, copy the paragraph below referencing the AJR-38 Analysis Report opposition statement into your Senator’s “Contact Me” comments section (or replace with your own words) .

For Discovery Bay residents, go to Mark DeSaulnier’s Website.

    The Senate Committee on Natural Resources and Water reported that there is serious opposition to AJR-38 including that the science does not support moving forward with the project. Opponents question why the state would attempt to restart a project determined not to be viable and one that has serious impacts on the Delta and its communities. In particular, they note that the project, by blocking Old River and Connection Slough, would pose serious navigation problems, not just for recreational boaters, but for emergency marine response crews as well. I urge you to vote “NO” for AJR-38.

Click here to view the complete analysis.

UPDATE 8/16 from Senator Wolk’s office: Senator Wolk agrees with the analysis of AJR 38 [which pointed out the concerns and issues Delta communities have with AJR-38] and made many of those points in Committee. The Author agreed to take some amendments during the hearing which made Senator Wolk more comfortable with the bill. The amendments effectively stripped AJR 38 of the provision requiring “prioritization” of the study. Now the language simply states that the study should be completed. It’s now just like any other proposal that comes before the Bureau, and will be prioritized based on merit (which as we understand it, this project has very little merit).

Water Bond Bill Delayed to 2012

Even though organizations concerned about the Delta, newspapers, and others were clammoring for the legislature to NOT vote yes on AB-1265 to take the Water Bond off the ballot in November, on Monday, the Legislature voted to postpone the water bond to 2012. Said Food & Water Watch’s Elanor Starmer. “In the interest of all Californians, legislators should take this opportunity to repeal the bond and start anew, not postpone it.” However, since the backers of the water bond knew it was unlikely to pass this year, rather than revise it to provide a reasonable initiative voters could approve, they chose to remove it and hope in two years everyone forgot the issues with the measure.

The Senate backed postponement from the outset, voting 27-7. I’m happy to report that our local Senator DeSaulnier joined the always pro-Delta senator Lois Wolk in voting no. The Assembly took several votes, with Jared Huffman (Chair of the Assembly on Water) arguing to keep the measure on the ballot or pull it altogether and revise it, leaving the ballot date open. It took until 9:35 p.m. for the last Assembly holdouts, Assembly Member Pedro Nava (D-Santa Barbara) and Assembly Member Sandre Swanson (D-Alameda), to respond to pressure from legislative leadership and vote to postpone. Again, happily our own Joan Buchanan voted on the “NO” side.

Supporters to delay the Water Bond to 2012:

Association of California Water Agencies
California Building Industry Association
California Chamber of Commerce
California Farm Bureau Federation
California Municipal Utilities Association
Dublin San Ramon Services District
Eastern Municipal Water District
Friant Water Authority
Helix Water District
Kern County Water Agency
San Diego County Water Authority
WateReuse California
Western Municipal Water District

Controversy over the State Water Board Report

In our post last week, State Releases Delta Flows Report, the recent report released by the State Water Board had a key central conclusion: Significantly more water must be left to flow through the Delta. Now groups that rely on delta water are beginning to take positions on what this report means.

Those who are concerned about the Delta are pleased to have an official report on delta flow requirements. “This [report] is something that some of us have been awaiting for more than two decades,” said Zeke Grader, executive director of a trade group for commercial salmon fishermen, the Pacific Coast Federation of Fishermen’s Associations. The conclusion was unsurprising to many given evidence developed during the 1980s and 1990s during similar proceedings but which were ignored under political pressure. “This doesn’t have the (regulatory force) those other two processes had, but the science has finally been liberated,” Grader said.

The San Jose Mercury News reported that water agencies sought to dismiss the report as “pie in the sky.”

  • It was “an interesting theoretical exercise” and “not a useful resource” said the State Water Contractors, an association that represents the Metropolitan Water District of Southern California, the Kern County Water Agency and a handful of water agencies in the Bay Area.
  • Thomas Birmingham, general manager of the Westlands Water District, the nation’s largest irrigated farm district, called the report “immaterial” and urged board members not to adopt it.

Although water agencies have long been able to define how much water they need, the report marks the first time specific numbers could be put on the environment’s side of the scales, said Gary Bobker, program director at The Bay Institute.

The study found that about 75 percent of the rain and snowmelt in the Delta watershed should be allowed to flow uninterrupted to the bay and ocean. Currently only about half the water flows through to the bay. To meet the report’s recommendations, Delta water use would have to be cut in half.

SF Chronical Water Bond Article

A great article in the SF Chronicle today

By: Elanor Starmer | August 06 2010 at 03:48 PM

Here’s an excerpt:

“Supporters of the water bond, which would cost California taxpayers $22 billion over 30 years, hope that in two years voters will forget how bad it is. That will also give bond supporters time to gather the millions of dollars needed to push their message out statewide. We shouldn’t be fooled: a vote to postpone this bad bill is a vote to keep it on life support.

“While pulling the plug on the water bond now and starting anew is the best thing for California, the second best option is to let Prop 18 go to the ballot in November. If our Bay Area legislators want to do right by the public, they will vote against A.B. 1265, the bill to postpone the water bond to 2012.

“The battle over the bond has been framed in many circles as a battle between farmers and fishermen, or between Northern and Southern California. But a report released by Food & Water Watch yesterday suggests that the real battle is between private and public interests, with private interests across the state set to gain measurably if the bond is passed. Peter Gleick’s post on Tuesday highlighted what Proposition 18 actually says and does. Now with this report, we know who stands to benefit most from the bloated bond and it’s not the general water-drinking public. That will continue to be the case two years from now.

“That puts the bond’s cheery title, the “Safe, Clean and Reliable Drinking Water Act of 2010 (or 2012)” in a whole new, and suspect, light. And it makes the fact that the bond would be paid for out of the same pot that funds essential public services like education, public safety, and health care seem positively reprehensible.

“It shouldn’t be surprising that over half of the contributions to pro-bond PAC have come from the construction industry, agribusiness, and developers. An additional 20 percent came from Governor Schwarzenegger’s California Dream Team (e.g. $35,000 from billionaire Steward Resnick, owner of Paramount Farms).

“[With] interest, the bond would shoulder California taxpayers with an additional $22 billion in debt, to be paid off over 30 years at a cost of some $800 million per year. That’s enough to pay for 13,000 teachers’ salaries or four years of the Healthy Families program, which insures 900,000 children in the state.

“The findings of this new report are clear. The bond is a continuation of failed policies that have funneled California’s public water to private interests that overuse, pollute, and profit from it.

“Check out the video No on AB-1265 and share it with your neighbors. ”

Read the entire SF Chronical article here: click here

No more watered down excuses (by Michael Fitzgerald)

The article below expresses the feelings of many who have observed the Delta’s decline over the last ten years. Mr. Fitzgerald is referring to the California Water Resources Control Board draft report released last week which states that the amount exported is MUCH higher than what can be exported and still have enough water for the Delta to be healthy for fish and wildlife.

No more watered down excuses

By Michael Fitzgerald Record columnist July 23, 2010 12:00 AM

State water officials are the San Joaquin Delta’s most destructive invasive species. Amazingly, at long last, they have concluded Delta fish need more water.

A lot more. Water users are taking twice as much from the Delta as they should, the state has been forced to admit. In so concluding, they indict themselves.

This is big. This is not some environmental group saying Delta fish need more water. This is not a scientific panel easy to ignore. This is the state of California itself.

The very state that brutally exploited the Delta, from its dam-it-up mentality of the 20th Century to the send-it-south policy persisting to this day.

But now, lo, the same 2009 water package that may enable a peripheral canal, or tunnel, required the State Water Control Resources Board to rise above the special interest politics that have long compromised state water policy to the point of ecological insanity and to scientifically answer the question: How much water do Delta fish need?

How much water is necessary to keep the Delta alive?

Big Ag and south-state urban users long ago figured out how much they want to take; remarkably, though, nobody in state water agencies ever figured out how much they ought to leave.

How much more have they been exporting than is biologically sound? How bad is their betrayal of the public trust, the deliberate neglect of their duty to steward the Delta’s natural resources for all, including future generations?

Any attempt to quantify the volume of wrongly exported water will be rough. Flows and exports vary with wet years and dry, and other factors. So most reports use percentages.

But I want to go with numbers. Even rough numbers paint a picture.

So. The 100-year average amount of water moving through the Delta is about 29 million acre feet a year. The takers take about 15 million acre feet a year.
To restore the Delta, they have to cut their take by half, the report says, and let 75 percent of rivers flow during certain times.

If they did, the amount returned to the rivers would be (again, roughly, as the reductions are seasonal) 7.5 million acre feet a year.

Meaning, over the last 20 years alone, the amount of water they have wrongly taken – the amount the state allowed them to hog – is, at the high end of estimates, enough to fill 22-mile-wide Lake Tahoe to its capacity of 39 trillion gallons, with enough water left over to fill giant New Melones Reservoir at its current level almost five times over.

A staggering sea of water.

You can quibble with the math. But not the minimum flow requirements.

With this minimum number, we now have a metric for the greed, a yardstick for the cynical indifference, a scale on which to weigh the state’s betrayal of the public trust.

And this time the science compiled by the state is not something Sean Hannity can spin away. It agrees with data an army of experts has provided the state again and again over decades at hearings.

But Republican governors, instead of acting responsibly, quashed scientifically sound and crucial recommendations to benefit Big Ag and Southern California cities.

Big Ag, which helped corrupt the state water regime, predictably has come out swinging.

“The draft Delta Flow Criteria Report is a purely theoretical exercise with no application in the real world,” bellowed the San Luis & Delta Mendota Water Authority. “Any attempt to apply these findings would be devastating.”

Correction, sirs: The devastation is already well under way in the Sacramento-San Joaquin Delta. Which is more than just a sponge to wring.

While this report is a welcome injection of reality, its conclusions are not binding. The restoration of Delta flows, though right and necessary, is inconceivable. If the Sacramento River runs at 75 percent, where’s the water for the Peripheral Canal?

Expect politics to distort the outcome. State officials call it “balancing.” I call it a kinder, gentler betrayal of the public trust.

Only now none can deceive. They can’t pretend fulfilling excessive water contracts – promising to deliver more water than exists – and restoring the Delta both are feasible goals. They can’t say we’ll all get better together.
The facts are out. They’ve taken up to 7.5 million acre feet too much, three New Meloneses of water, every year for decades at the Delta’s expense.
The truth may not be a game-changer. But now, at least, the game is better illuminated.

“Now we can say, ‘If you want to kill the Delta, at least be honest about it,’ ” said Bill Jennings, head of the California Sportfishing Protection Alliance.

Contact columnist Michael Fitzgerald at (209) 546-8270 or michaelf@recordnet.com. Visit his blog at recordnet.com/fitzgeraldblog.


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