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STCDA Board Member Files Protest against Delta Tunnel intake on behalf of town of Hood on environmental justice grounds

STCDA Board member and attorney Michael Brodsky filed a petition to the state Water Resources Control Board protesting the placement of the Delta Conveyance Project intake tunnels in the town of Hood. Brodsky cited the Department of Water Resources (DWR)’s unlawful discrimination and violation of environmental justice principals.

The Hood Community Council and Hood community members had objected repeatedly to DWR’s placement of the intakes at Hood during DWR’s planning process. Yet DWR refused to meet with Hood representatives and refused to discuss Hood’s grievances about intake site selection.

Frustrated and appalled, Hood Community Council Chairman Mario Moreno organized a door-to-door campaign in September 2021 gathering signatures on the Hood Declaration of Protest Against the Delta Conveyance Project by the People of Hood. Long-time Hood resident Eddie Magana helped with the signature gathering. The Declaration bears signatures representing virtually the entire community. The Declaration was addressed to Governor Newsom and was sent to the Governor, the Delta Conveyance Design and Construction Authority (“DCA”), California Resources Secretary Wade Crowfoot, and DWR. The Declaration begins:

[W]e object, condemn, and oppose the environmental racism being visited upon our community, the majority Latino town of Hood, by your engineers, lawyers, and consultants in the planning of the Delta Conveyance Project.

The Hood community, in cooperation with local elected officials, organized a community meeting in Hood on December 6, 2022, to air concerns over the Project; including the disparate impacts on Hood. DWR was invited to attend. DWR refused to attend the meeting. The meeting was well attended, with over one hundred people participating.

The September 2021, Hood Declaration of Protest, endorsed by the 104 households of Hood, aptly sums up what DWR perpetrated on Hood, hiding behind a mask of environmental justice:

Your engineers ignore the plight of our community and insist on locating two gigantic intakes a few hundred yards from the heart of our tiny town. Our pleas to your engineers to move the intakes to anywhere else among hundreds of miles of riverbank fall on deaf ears; they insist we must suffer the impacts of six or more years of heavy construction activity, the daily invasion of thousands of construction workers, that we must breathe the pollution of tons of diesel exhaust from thousands of trucks, the noise, the dust, the blockage of our roads—we cannot survive this onslaught and our town will become a ghost town.

We inform you that your “environmental justice” consultants are but a tool to perpetuate environmental racism. “We have reached out far and wide to minority communities and conducted oh so many meetings and surveys, yes we have” your consultants refrain. But we cannot discuss with you moving the intakes that destroy your town, “they must be here,” say your engineers. Then “all is well,” say your consultants because we have done so much outreach and held so many meetings.

And on it goes, the charade of justice. We demand real justice: do not obliterate our poor brown community: move the intakes.

DWR’s discriminatory conduct and the unfair obliteration of Hood are not in the public interest.

The Project significantly harms public trust values. The Project degrades the Delta Environment and contributes to salt water intrusion into the Delta. Public trust values negatively impacted include water quality in the Delta, air quality in the area of Hood, including within the 1,000 foot impact zone surrounding the intakes and at the Hood Franklin Road Highway 5 interchange. The Project exacerbates climate change and harms the atmosphere; a public trust value. Intake construction negatively impacts navigation in the Sacramento River adjacent to Hood. The long-term health of the Delta ecology, including fish, plants, and other species cannot survive the continued exports embodied in approval of the DCP. The Project will exacerbate Microcystis, Egeria Densa, and other invasive floating and submerged aquatic vegetation.

Take action!

Make your voice heard by writing a letter or email to Governor Newsom demanding they end the Delta Conveyance Project and work toward REAL solutions to provide water for Californians!

Send in Comments

  • Email the Governor online at: www.gov.ca.gov/contact/
  • Mail:
    • Governor Gavin Newsom
      1021 O Street, Suite 9000
      Sacramento, CA 95814

DWR issues “new” report on Tunnel in desperate move to keep project alive

After multiple failed attempts to get the Delta tunnels built since 2006, the state Department of Water Resources (DWR) came out with yet another report touting the supposed benefits of the tunnel. On May 16, DWR released their “Benefit-Cost Analysis”, stating “billions in benefits.”

Cost benefit NOT there

According to CalMatters reporter Rachel Becker, “The new estimate for the Delta tunnel project — which would transform the massive water system that sends Northern California water south to farms and cities — is $4 billion higher than a 2020 estimate.”

(The article pictured above appeared in CalMatters on May 16, 2024).

The article quoted Peter Gleick, co-founder of the Pacific Institute, who pointed out, “This project gets more expensive every single time a new version is proposed, and this type of project has never been brought to completion under budget,” he said. “Water conservation and efficiency improvements are far cheaper than the Delta project.” 

Dr. Jeffrey Michael, professor of Public Policy of McGeorge School of Law and Univerasity of the Pacific, commented after the DWR’s outrageous “Benefits-Cost Analysis” came out, pointing out the fallacious benefits claimed by DWR in their report. He points out: “How do we get from $20 billion to $33 billion urban water supply value, especially when the new project has a lower increase in water deliveries?  In other words, this report shows 50% more value from 50% less water.”

The report is more of the same sugar-coated false claims by DWR to try to push the destructive tunnel project through.

Energy Inefficient and Environmentally destructive

DWR’s stated purpose for the Delta Conveyance Project “is to restore and protect the reliability of water deliveries…” Yet there are many more cost effective and reliable ways to achieve that purpose than building a tunnel that will cost at least $20,000,000,000 and probably much more, pulling water from the Delta region. There are many more cost effective ways to achieve that basic purpose that also have multiple benefits and less environmental impact. Yet the only alternatives studied are a tunnel under the Delta.

The “Delta Conveyance Project” – the new name DWR gave the tunnel project after multiple failed attempts, due to widespread consensus against the tunnel from farmers, Delta communities and environmentalists – will continue the gargantuan task of pumping billions of gallons of water over a mountain range, the Tehachapi mountains, to Southern California. That is the most energy intensive way to supply water imaginable!

Additionally, the Delta watershed supports about 80% of the state’s commercial salmon fishery, which was cancelled this year for the second time in a row because of plummeting populations. Scott Artis, executive director of the Golden State Salmon Association, said in a recent statement, “Bravo, Governor, for turning healthy rivers and estuaries into a punchline that harms tens of thousands of families, businesses and employees across California and Oregon.” He points out, “What better way to address declining salmon populations than by draining their homes?”

Threatens fresh water supplies in the Delta

Rising sea levels will require that more water be allowed to flow through the Delta in order prevent salinity to maintain the fresh water balance in the Delta. Yet no alternative was studied that would address salt water intrusion by strengthening the levies and operating the SWP in the way it was designed to be operated: to repel salt water from the Delta. DWR says they will move the intakes upstream. Moving the intakes upstream to address salt water intrusion abandons the Delta to salt water!

Reducing exports by phasing out deliveries south of the Tehachapi Mountains would provide more available water to devote to environmental flows and at the same time would make deliveries to central valley farmers more reliable. Studies show that the City of Los Angeles can wean itself entirely off of imported water at the latest by 2050, and probably earlier.

Harmful to communities

The “alternative” tunnel intakes that DWR has analyzed are ALL destructive to communities along the Delta. They are now planning the intake station in the small and historic community of Hood, located in near Sacramento. The Hood Community Council and Hood community members objected repeatedly to DWR’s placement of the intakes at Hood during DWR’s planning process. DWR refused to meet with Hood representatives and refused to discuss Hood’s grievances about intake site selection.

Frustrated and appalled, Hood Community Council Chairman Mario Moreno organized a door-to-door campaign in September 2021 gathering signatures on the Hood Declaration of Protest Against the Delta Conveyance Project by the People of Hood. The Hood community, in cooperation with local elected officials, organized a community meeting in Hood on December 6, 2022, to air concerns over the Project; including the disparate impacts on Hood. DWR was invited to attend. DWR refused to attend the meeting. The meeting was well attended, with over one hundred people participating.

The Hood Declaration of Protest, endorsed by the 104 households of Hood, stated:

Your engineers ignore the plight of our community and insist on locating two gigantic intakes a few hundred yards from the heart of our tiny town. Our pleas to your engineers to move the intakes to anywhere else among hundreds of miles of riverbank fall on deaf ears; they insist we must suffer the impacts of six or more years of heavy construction activity, the daily invasion of thousands of construction workers, that we must breathe the pollution of tons of diesel exhaust from thousands of trucks, the noise, the dust, the blockage of our roads—we cannot survive this onslaught and our town will become a ghost town.

Jon Rosenfield, science director of San Francisco Baykeeper, called it “just the latest version of a plain old water grab.” 

Take action!

Make your voice heard by writing a letter or email to Governor Newsom demanding they end the Delta Conveyance Project and work toward REAL solutions to provide water for Californians!

Send in Comments

  • Email the Governor online at: www.gov.ca.gov/contact/
  • Mail:
    • Governor Gavin Newsom
      1021 O Street, Suite 9000
      Sacramento, CA 95814

STCDA at the Taste of the Delta

Save the California Delta Alliance can be seen today at the Taste of the Delta – with No Tunnel signs. Check it out! At the Windmill Cove Marina. Drop by and say hello!

A New Age of Water is Dawning

Read the entire article here: https://time.com/6300886/climate-change-water/

June 2023 Update on the Delta Tunnel

People have been asking, “Where do we stand on the Delta Tunnel Project?” “Are they building in?” “Is the project still moving forward?” SHORT ANSWER: No, they aren’t building it. It’s in the review process now. And…the tunnel project was specifically NOT part of Newsom’s expedited projects for the state, so it will be going through the full review process.

First, a quick reminder of the history: The Delta Tunnel(s) Project was begun in 2006 as the Bay Delta Conservation Plan (“BDCP”) and went through several guises until it was renamed California WaterFix, which was approved by DWR in 2017. The WaterFix Project consisted of two tunnels diverting up to 9,000 cubic feet per second from the Sacramento River at Hood and carrying it under the Delta to the existing pumps near Tracy.

Save the California Delta Alliance, and others, filed lawsuits challenging the WaterFix Project in 2017. By 2019, DWR saw the handwriting on the wall and figured out they were going to lose the lawsuits. In May of 2019, the WaterFix Project was canceled by DWR. SUCCESS! Thanks in large part to all of our members getting on the bus, going to meetings, sending in comments.

The One Tunnel Project: DWR came back and proposed the Delta Conveyance Project in 2020. The Delta Conveyance Project is really the same project as WaterFix with a few adjustments. Now there is one tunnel instead of two and the capacity is 6,000 cfs, down from 9,000. Also of note, the tunnel has now been routed around the edge of the Delta near Highway 5, instead of running through the center of the Delta as WaterFix did.

NOTE: DWR’s decision to re-route the tunnel was in response to allegations in Delta Alliance’s lawsuit that a tunnel route through the center of the Delta would destroy recreation and boating in the Delta for the decades long construction period. Due to our efforts, boating will be able to continue in the waterways.

So where are we now?

The one-tunnel Delta Conveyance Project is currently undergoing environmental review and there are several regulatory processes yet to come, including applications for permits from the Army Corps of Engineers, the California State Water Resources Control Board, the California Department of Fish and Wildlife, the National Marine Fisheries Services, the federal Fish and Wildlife Service, and the Delta Stewardship Council. Whew!

There are many legal flaws with the Delta Conveyance Project and it would still be terrible for the Delta, even though the tunnel route is better. Delta resident’s participation in submitting comments and attending meetings was essential in helping us win the 2017 lawsuit.

Your ongoing participation will be essential to helping us win future legal challenges as well!!!

State Auditor says Tunnel Report is Wrong

There is a new report from the State Auditor that says DWR is wrong in their climate change predictions, and “has not developed a comprehensive, long-term plan for managing the Sate Water Project.” Read the entire report here:

Push-Back on the Delta Tunnels

Here’s some of the latest push-backs against moving forward on the Delta Tunnels. This report was by the Delta Protection Commission last month:

Report on water tunnels called flawed: https://www.thepress.net/news/regional_and_national/report-on-water-tunnels-called-flawed/article_ccfefc88-061d-11ee-8bb6-6f7ea3749ed4.html

And more recently, this opinion piece in the Mercury News written by one of the Contra Costa County Supervisors and Yolo County Supervisor calls it too risky to push the tunnel by bending environmental rules (as Newsom is currently trying to do). https://www.mercurynews.com/2023/06/21/opinion-delta-tunnel-is-too-risky-to-bend-environmental-rules/?fbclid=IwAR29KHqpeeRTm5fABwpxy7XPIcc6LL6cHrfTbbv2i6nHNUchyhVm9lZplWI

Calling All Hands

Please try to attend the Army Corps of Engineers in-person public hearing in Stockton on March 1, from 6 to 7:30 pm at the University Plaza Waterfront Hotel, 110 W. Fremont Street, Stockton. There will be an opportunity to ask questions.

The Army Corps of Engineers is preparing an EIS on the Delta Conveyance Project separate from DWR’s EIR. After some prodding, the CORPS agreed to hold an in-person public hearing (which DWR steadfastly refused to do).

ISSUES:

The CORPS EIS is very narrow. It is only studing the construction activity around the intakes and other areas where fill is involved. It is not studying anything to do with the operations of the tunnel. In our Legal Council, Michael Brodsky’s opinion, the law requires the CORPS to study operations too, including all the impacts on wildlife, fish, and people. He plans to ask them why they believe they are not required to study operations. 

The CORPS could include a study of alternate intake locations away from Hood in their own EIS. They could also require DWR to recirculate the EIR to study alternate intake locations away from Hood. Brodsky plans to ask why they have so far done neither, with some elaboration on the impacts on Hood and history of the intake locations.

If anyone can make and add to the chorus it would be good.

Happy Holidays from STCDA

STCDA EIR Comments

Attached are the official comments on the Delta Conveyance Project (Single Tunnel) Draft EIR by our legal council, Michael Brodsky. https://nodeltagates.com/wp-content/uploads/2022/12/michael-a.-brodsky-scda-delta-conveyance-deir-comments.pdf

This is very good. DWR really hasn’t passed their EIR requirements and the project needs to be scrapped!


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