Save the California Delta Alliance (STCDA)

In case you missed it – STCDA’s January 2018 Water Update

1. State Water Resources Control Board Hearings Part II are “On Hold”
2. Governor Brown tries a Different Approach – One Tunnel
3. The Trump Administration gets into the Act
4. Franks Tract Feasibility Study
5. Discovery Bay names Citizen of the Year – the Delta Communities won!

1 – State Water Resources Control Board Hearings Part II are “On Hold”

What are the Hearings for? The Water Board is reviewing the Department of Water Resources (DWR) petition for a permit to build new tunnel intakes on the Sacramento River. This permit is key to building the tunnels. The hearings were planned to start on January 18th.

What’s the problem? STCDA alleges that during 2016 and 2017’s Part I hearings, nine secret meetings were held between the DWR and state hearing agents, essentially rigging the hearings in favor of the tunnels. This is similar to a judge and the pontiff’s council meeting secretly while a trial is ongoing. Other groups have also filed petitions (joiners) to stay the meetings for 90 days to review these allegations.

What’s being done? At first the hearings were delayed until February 1st. Today, we see that the hearings are now delayed another week, until February 8th. All of the groups are calling for a 90-day hold while a decision is made what is appropriate, perhaps even rejecting the permit request. We’re waiting to see what they do next.

Read more here: STCDA Blog Breaking News – WaterFix Hearings Rigged for more about the alleged ex-parte communications between the Water Board and the DWR.

2 – Governor Brown tries a Different Approach – One Tunnel

Is one tunnel better than two? No! In January, after failing to obtain buy-in from the water agencies to pay for the Twin Tunnels, Governor Brown announced a single-tunnel plan. The plan should be unveiled next month. However, everyone admits it only the first phase of a two-tunnel goal, which could mean a much longer and more disruptive construction impacts, still means loss of fresh water from an already struggling ecosystem, and still does not prove to be financially viable. STCDA is a definite “no” unless a more viable plan is presented, which would include a new route around the Delta instead of through it. Even then, it is doubtful evidence would arise that the project would not cause more environmental damage than the current exports.

Brown’s out in less than a year – what are the candidates saying?
After Brown’s State of the State address, Newsom praised Brown’s openness to scaling back the water conveyance project to a single tunnel, which he said he hoped would lead to a deal and said, “This has got to be a top priority in the next administration. You can’t walk away from this.”

On the other hand, according to the Sacramento Bee, Democrats Delaine Eastin, a former state schools chief; former Los Angeles Mayor Antonio Villaraigosa; and state Treasurer John Chiang all have questioned the twin tunnels concept.

Read more here: SacBe Article on the State of the State Address.

3 – The Trump Administration gets into the Act

Who’s doing what? The Bureau of Reclamation (USBR), the agency responsible for operating the Central Valley Project Delta exports to the almond farmers, is being asked to make changes to the Delta export operations or other alternatives to increase water.

What can we do about that? We sent in comments (they were due Feb 1).
Read more here: STCDA Blog about the USBR Notice of Intent.

4 – Franks Tract Project

We found out that Fish & Wildlife are studying a project that would fill half of Franks Tract with dirt (tunnel muck?) and build a salinity wall down the middle. That can’t be good for a State Recreational Area renown for bass fishing and duck hunting. It also can’t be good for Bethel Island who’s economy depends on boats getting out directly from various marinas and restaurants that now will be virtually “Walled Off” from Frank’s Tract. The CDFW study report is due out in a couple of months. See STCDA Blog about the Franks Tract Feasibility Study.

5 – DB Citizen of the Year – The Delta Communities Won!

Yours truly (Jan McCleery) won the Discovery Bay Citizen of the Year award for her work to Save the Delta. The real “award” is for the community of Discovery Bay and other Delta citizens that have been attending meetings, getting on the bus, and writing comments in the effort to Stop the Tunnels. None of this would be possible without our fearless legal council, Michael Brodsky who should share any award due to his long hours and tireless focus on saving the Delta. Thanks goes to my hubby, too 🙂

Cape Town is getting closer to running out of water.
See video here.

Tell me more.
The South African city’s water supply is running reaaalllllly low. And is expected to run out by mid-April. It’s all thanks to things like climate change and the city’s growing population. Politicians have been playing the blame game. Residents and businesses are watching their water use. Starting today, they have to cut back even more – or they’ll be fined. The city’s working on building stations that can turn seawater into drinkable water. That’s because “Day Zero” would mean people would have to turn off taps until it rains and line up for rationed water. Officials are prepping for the worst.

theSkimm
This is happening in a place that’s considered one of the most ‘green’ cities in the world. If Cape Town hits “Day Zero,” it would be the first major city in the world to run out of water.

News from theSkimm https://www.theskimm.com/archive/2018-02-01

For the Original Article, view here: https://www.cnn.com/2018/01/31/africa/cape-town-satellite-images-trnd/index.html

Another write-up:
Jan McCleery, president of the Save the California Delta Alliance (STCDA), discussed allegations of improper contact between the Department of Water Resources and the State Water Board during California WaterFix hearings. The second round of hearings have been delayed for two weeks while the Water Board investigates the allegations. Press photo by Tony Kukulich.

The past week was a difficult one for supporters of the California WaterFix project, formerly referred to as the Delta tunnels project, as allegations of ex parte communications between the Department of Water Resources (DWR) and the California State Water Board have come to light, largely as a result of work done by the Discovery Bay-based Save the California Delta Alliance (STCDA).

The DWR is petitioning the water board for a permit to build the tunnels and other operating mechanisms that comprise the WaterFix project. The issuance of that permit by the State Water Board is a critical step in the implementation of the California WaterFix. A series of public hearings have taken place over more than a year to discuss how implementation of the project could impact the environment, local economies, wildlife, recreation and other aspects of the Delta. Part II of these meetings was scheduled to get underway Jan. 18.

A petition filed by STCDA attorney Michael Brodsky requested a 90-day delay in the start of the Part II hearings because, the STCDA alleges, nine secret meetings were held over 13 months between the DWR and state board. That petition states that the meetings were about “preparing DWR’s evidence in a manner that would allow the petition to be approved by the board.”

Read more . . .

PLEASE SEND IN COMMENTS BY FEBRUARY 1

The USBR (the agency responsible for operating the Central Valley Project Delta exports to the almond farmers) is being asked to make changes to the Delta export operations or other alternatives to increase water; and are asking for comments. Notice of Intent.

DATES:
Submit written comments on the scope of the EIS by February 1, 2018.

ADDRESSES:
Send written comments to:

• Katrina Harrison, Project Manager, Bureau of Reclamation, Bay-Delta Office, 801 I Street, Suite 140, Sacramento, CA 95814-2536

FAX to (916) 414-2425;

EMAIL: Click here to send your email to kharrison@usbr.gov with a BCC to our STCDA Comment File bdcp.commments.copy@nodeltagates.com.

SUGGESTED COMMENTS (PLEASE PICK YOUR IMPORTANT ONES AND REVISE TO YOUR OWN WORDING):

○ HIGHLY recommend that the first action should be to consider other alternatives to generate additional water or that improve and optimize the utilization of water such as desalinization, recycling, water conservation, or water reuse.

o HIGHLY recommend actions that could clean up the farm waste water from the Central Valley farms that now flows into the San Joaquin, which makes that river polluted and is why the farmers now want the Sacramento River water instead.

○ TENTATIVELY support Habitat restoration and ecosystem improvement projects, but only IF IN ADDITION to increased through-delta flows, not in place of. While such projects may aid fish populations, fish cannot be saved without increasing the flow. The BDCP habitat projects conducted over the past years show that, while some have minor positive impacts and other have no impacts, none were significantly beneficial. Whereas increased flow has been shown to immediately improves fish populations.

○ When considering if any actions are possible that increase export capabilities through the Delta, STRONGLY OPPOSE any new gates, dams, or other obstructions in the Delta waterways. Projects such as the 2-Gates Fish Protection Project violate The Rivers and Harbors Act, destroy boating, and thus ruin the economy of boating communities.

○ STRONGLY OPPOSE making any modifications to the current environmental and regulatory requirements that would negatively impact the fish or increase salinity.

○ STRONGLY OPPOSE any modifications to operations that reduce rather than increase the flow through the Delta.

o HIGHLY RECOMMEND other alternative actions OUTSIDE the Delta, that would REDUCE RELIANCE on the Delta and DECREASE EXPORT levels, thus better meeting the Delta Flow Requirements.
FOR EXAMPLE:

○ Restoring the Tulare Lake Basin for increased storage capacity south of the Delta and as percolation ponds to restore ground water.
o Improved ground water storage and better ground water management including more controlled management of the Kern Water Bank, which now is privatized and reportedly was used for personal watering of orchards and reselling water to urban developers.

Whatever is done, REQUEST that the USBR identify water quality standards that must be maintained, in various parts of the Delta (including the Discovery Bay waterways, where flow is limited due to drought years and other stressors) to be sure any changes improve, and don’t degrade, water quality and health. During the drought, we suffered from toxic blue-green algae blooms, which shut down our waterways to swimming and contact and significantly impacted our economy. Home sales fell through and marina businesses suffered. Ask them to please commit that any operational changes keep the health and safety of Delta communities.

To those of us who live on the Delta, boat on the Delta, or did in the past, the California Delta is indeed a special place. But how can other people, who don’t know anything about the Delta, learn more?

From its quaint historic communities in the North to its waterways perfect for wakeboarding, waterskiing, and other forms of water-based recreation in the South, the Delta offers a wide range of wonderful outdoor opportunities.

There’s bass fishing, with big tournaments held on Bethel Island every weekend during the season.

There’s the community of Discovery Bay, where over 2,000 homes are situated on manmade bays carved out of the San Joaquin River with docks and boats in their back yards. People are seen paddle boarding, kayaking, or just taking a sunset wine cruise around the bays with their friends.

And, of course, on January 1st, there’s the Frozen Bun Run from Rusty Porthole on Bethel Island, where tons of people gather in the morning to drink warm coffee and watch the participants in the Bun Run to ski on the very cold water in the very cold air and compete for the best costume, oldest skier, youngest skier, and yes, the least costume skier. Rollicking fun is had by all, and the Sheriff and Coast Guard are on hand to make sure the frozen skiers get back to the dock safely where a warm shower awaits them.

Yes, for those of us who know about the California Delta, it is a place near and dear to our hearts.

But what about those of you who know nothing about the Delta? The communities in the Delta are fighting hard against the California “WaterFix” (aka the Delta Tunnels) and other projects that threaten our communities, our waterways, and our way of life. Why are we fighting so hard? Why do we love the Delta?

On an iHeartRadio radio interview I was on last week, the radio host, Kevin Fox, asked me how people who don’t know about the Delta could learn more.

I’ve been thinking about it. Here’s two great ways to learn more:

On the Water Tours:



Captain Morgan has regular boat cruises throughout the Delta. You can pick a short cruise, a tailored cruise, etc. These are educational. Some are even overnight. His boat, the RoseMarie, is a large, comfortable houseboat. To check out the on-wanter experience to find out about the Delta, click here:
Captain Morgan Adventures (on the RoseMarie). If you do a tour that includes the Discovery Bay waterways, you may go by my back deck. I’ll wave 🙂

Another experience is to visit the quaint historical communities of the Northern Delta.


For that, the best way is a land tour put on regularly by Delta Heartbeat Tours and affiliated with the North Delta C.A.R.E.S. non-profit organization. Delta Heartbeat Tours. Some tours also include wine tasting.

I highly recommend both.

Kevin Fox on iHeartRadio devoted a half-hour of his iHeartRadio show to the Delta last Wednesday. Listen to the iHeartRadio interview on-line here.

I’ve never been on a live radio show before (it was kind of scary, but Kevin made it easy). Kevin devoted the entire half hour so I definitely appreciate him doing that!

We covered everything from the Franks Tract project (not a good project), STCDA’s legal “Stay” against the Water Board for apparently rigging the WaterFix (Delta Tunnels) hearings (bad), and Gov. Brown’s new one-tunnel versus two tunnel plan (still bad). Kevin is a member of a sailing club that holds a regatta on Franks Tract, and the Delta is near and dear to his heart.

As, of course, it is to me and all of our STCDA members.

I thank him for his support . . .

Jan McCleery, President
Save the California Delta Alliance

CBS 13 News reported last night the allegation that the WaterFix has been rigged: http://sacramento.cbslocal.com/video/category/news/3794498-new-allegations-question-california-waterfix-project/

The State Water Resource Control Board sent out a notice today that they are delaying the start of their Part II Hearings due to our request for continuance (because we are alleging that the Part I Hearings were rigged):

On January 12, 2018, Save the California Delta Alliance, et al. (SCDA) submitted a motion to continue Part 2 of the hearing for 90 days to allow “reformation” of the hearing to address ex parte communications between State Water Board staff and DWR, which SCDA alleges were unlawful. Subsequently, on January 15, 2018, the County of Sacramento, et al. submitted a similar motion seeking an indefinite continuance of Part 2 of the hearing to allow an investigation of the full extent of ex parte communications. Numerous parties joined in both motions.

The hearing officers have directed the WaterFix hearing team to advise the parties that the hearing days scheduled for January 18 through February 1, 2018, are cancelled to give the hearing officers time to review all four motions. Unless the hearing officers notify the parties of any additional changes to the hearing schedule, the parties should assume that Part 2 of the hearing will resume on February 2, 2018 with policy statements only. Unless rescheduled the evidentiary portion of Part 2 will resume on February 5, 2018.

This will be interesting. I blogged about it today: https://nodeltagates.com/2018/01/17/breaking-news-waterfix-hearings-rigged/

Breaking News: STCDA alleges that the Water Board Hearings on the WaterFix were rigged. These Hearings decide if the DWR gets their permit to start building the “WaterFix” Delta Tunnels.

What did these State agencies do wrong? STCDA alleges that ex-parte (illegal) meetings were conducted, in secret, between the Water Board and the Department of Water Resources (DWR). The Water Board is like the “judge” in these Hearings whereas the DWR is requesting the permit, i.e., the “plaintiff.” However, the two groups held 9 meetings over 13 months where they were collaborating about the Hearing. This is like the Judge and the plaintiff’s council colluding while a trial was underway. Ex-parte communications are illegal and mean that the entire Hearing is tainted.

Tell me more. During these secret meetings, the Water Board gave guidance to the DWR on what modeling and other evidence the DWR should prepare and present to back their claims at the Hearings; i.e., what information would be allowed or not allowed into the record during the actual hearings.

This was all kept secret? Mr. Brodsky states that he was recently informed by Nichole Kuenzi, the attorney for the Water Board, that “at the conclusion of each of the in-person meetings DWR personnel swept up all of the materials and took them back to DWR headquarters. Ms. Kuenzi informed us that DWR personnel were scrupulous about collecting all of the materials and not allowing Hearing Team members or other non-DWR personnel to retain any of the materials. To any neutral observer it is hard to find any explanation for this behavior other than a conscious attempt to cover up wrongdoing by hoarding evidence where it cannot be easily found.”

Wow! What does the DWR admit their wrong-doing? Mr. Brodsky made the PRA request last week for those meeting materials to be presented. So far the DWR has been strangely silent…

What does it mean? Since the entire hearing may have been compromised, all of the modeling and flow information is suspect and defendants like STCDA and others who participated in these Hearings arguing against the tunnels were not given due process. “No one can believe we got a fair shake,” says Brodsky. “The entire Hearing has been tainted.”

What is STCDA recommending? STCDA requests a 90-day continuance to the start of Part II of the Hearings (scheduled Thursday January 18); disqualifying the current hearing team members and appointing an impartial administrative law judge to re-hear all those objections; removing the DWR’s delta flow criteria from the Water Board’s evidentiary hearing and including it instead with the Bay Delta Water Quality Control Plan update; or dismissing the DWR’s of the petition for the Permit to be resubmitted later.

Anything else? Numerous other counties, water agencies and environmental groups, are expected to file additional joiners, given these findings made by Mr. Brodsky.

The full text of theSTCDA “MOTION TO CONTINUE HEARINGS FOR 90 DAYS” is here.

See also: <a href=""https://www.dailykos.com/stories/2018/1/16/1733262/-Breaking-Delta-Tunnels-Opponents-File-Motion-to-Stay-California-WaterFix-HearingDaly Kos article by Dan Bacher, “Delta Tunnels Opponents File Motion to Stay California WaterFix Hearing”.

State Agencies and Officials Continue to Prioritize Almonds over Delta Communities and Fish

In a new report on the Oroville Dam failure, reported in the SacBee: Farms’ water was a concern in Oroville Dam’s spillway crisis, DWR and State Officials were accused of favoring the needs of the Central Valley almond farmers over the safety of Northern Californians: i.e., the state’s desire to continue shipping water to faraway farms and cities that rely on deliveries from the reservoir guided decisions that led to the evacuation of the city of Oroville.

Oroville-area elected officials and community leaders have long argued that the safety and well-being of locals who live in the shadow of the dam is a secondary priority to the DWR.

A “Franks Tract Feasibility Study” is being conducted by the California Department of Fish and Wildlife continues that trend. Here’s the link to take a survey about Franks Tract: Franks Tract Feasibility Study Link. The project would help the exporters continue to export at the current high levels or higher, but would ruin the community of Bethel Island economically and destroy the largest bass fishing area in Northern California. Once again, the trade-off is exporters versus Northern California and it’s Northern California that loses. In addition, we noticed that the project will require a large amount of fill. Suspiciously, we think, “Hummmm – the State needs a plan for where to dump tunnel muck” (which they renamed “Reusable Tunnel Material”, but muck by any other name is still muck). How much of this project is being pushed forward to solve a big part of that problem?

Meanwhile the Delta Smelt struggle to survive. (LA Times Article The delta smelt heads for extinction, marking a half-century of failed California water policy). Only two smelt were found in the latest California fish population survey. That’s a far cry from the peak of 1,673 in 1970. We are about to see the extinction of a fish species for the first time since the Endangered Species Act came into existence in 1973.

Of course, the bigger concern is not about the tiny Delta smelt for itself, but because its health is an indicator of the overall health of the delta ecosystem – it is the canary in the mine and the mine is toxic. The extinction of the smelt will be a complete failure of a half-century’s statewide water policy.

But the fate of the smelt itself is a distraction; the real issue is the fate of the Delta, says the article. And the decline of the smelt tells us it’s in trouble. While it’s true that agricultural production in Tulare and Kern counties, which receive water from the delta, is valued at more than $13 billion a year, that has to be weighed against other values needing to be preserved. They include the value of Delta farming, commercial and sport fisheries, the health of its residents and their property values.

Time to call or write the Governor and legislature representatives?
Tell them:

• The people of California want state and federal government entities to immediately start investing time and money taking steps that could truly save the Delta Smelt and the entire Delta ecosystem: namely, to stop violation of the Delta Reform Act of 2009 and instead begin reducing the levels of exports and commit that all future water solutions MUST reduce reliance on the Delta.




• The tunnels will NOT save the Delta – The tunnels will NOT save the Delta smelt, and if no other solutions are pursued, the Delta smelt will be the first fish species to have gone extinct since the Endangered Species Act was signed into law in 1973. And that signals the destruction of the entire Delta and everyone that relies on it.




• Stop spending money on projects and studies like the Franks Tract Feasibility Study that only assist the exporters and not the Delta – that don’t help the communities, fish, Delta farmers, and others that rely on the Delta.

Governor Jerry Brown
(916) 445-2841
E-mail

Senator Diane Feinstein
Washington D.C. (202) 224-3841
District Offices: (310) 914-7300, (415) 393-0707, (559) 485-7430
E-mail

Senator Kamala Harris
Washington D.C. (202) 224-3553
District Offices: (213) 894-5000, (415) 355-9041, (559) 497-5109
E-mail