Archive Page 21

Breaking News: WaterFix Hearings Rigged

 

lady-justice 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”.

We know the State’s Priorities

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

Franks Tract Feasibility Study

ADDED 1/24/2018: Take the Franks Tract Survey.

I was invited to attend a meeting at the San Joaquin Yacht Club last week about a new “Franks Tract Feasibility Study.” There were many Bethel Islanders representing marina owners, restaurant owners, realtors, Bethel Island Municipal Improvement District (BIMID) representatives, Bradford Island landowners, and others. It was a good turn-out.

The presentation was by Carl Wilcox, California Department of Fish & Wildlife (CDFW). He was accompanied by two UC Davis researchers working on the project: Brett Milligan and Alejo Kraus-Polk. Their role includes gathering community feedback.

It was nice that this project is working to obtain information from the affected groups early in the process. This is the study phase. Apparently it started earlier in 2017. The Study Report is due March or April this year. $400K has been spent on the Study to-date.

Here’s the plan (the figure on the right). It shows a tidal barrier down the middle of Franks Tract and filling the west side of Franks Tract and Little Franks Tract with fill dirt to make it tidal marsh at high tide, dirt at low tide. They would add a dam on False River midway (top right on their figure). This would be instead of a dam on the west side of False River where it joins the San Joaquin which was done a few years ago. There were numerous problems with that dam.

Note: That dam means, like when the prior False River Dam was installed, boats from Discovery Bay and elsewhere South/West would not be able to use the route north of Franks Tract via False River to the San Joaquin Channel to go to Pittsburg, Benicia, or San Francisco but instead would have to go the long way straight up to the Channel via Old River and follow the Channel out.

The drawing on the left is my “creation” to try to show the size of the fill versus Franks Tract as it is now.

The project write-up is:

    The California Department of Fish and Wildlife (CDFW) is working on a feasibility study for a project that would fill certain portions of Frank and Little Franks Tract to create tidal wetlands and control salinity intrusion into the inner Delta. Modifications would occur on the western side of Franks Tract, above Piper slough and between Bethel Island and Webb Tract, and in the confluence of False River and Fishermen’s cut. Much of this area is currently dominated by shallow water and snags, and is a known boating hazard.


    Preliminary biological objectives for the project include enhancing habitat for Delta Smelt and other (native) fish species, minimizing habitat for invasive plant species, and the establishment of 1000 acres of tidal marsh and tidal sloughs. Preliminary physical objectives include changing tidal circulation to more closely resemble historic conditions, eliminating tidal flow and limiting salinity movement through Franks into Old River, and enhancing turbidity and residence time in False River and areas west of Franks. Navigability through Fishermen’s cut, False River, and Piper slough will not be affected, however, hydrodynamic modeling predicts increased tidal action in Fishermen’s cut although not to the extent seen with the emergency drought barrier. This proposed project differs from previous projects in its attention to the concerns of boaters and the Bethel Island community.

If this concerns you, here’s a survey they would like boaters and fishermen who go to Franks Tract to fill out: Franks Tract Survey.

Issues are that it would block boating from the South/East Delta through False River and out, and through Franks Tract to Bethel Island marinas and restaurants. Boats wanting to go to Rusty Porthole for dinner, Sugar Barge, Russo’s, Piper Point (the old Bethel Harbor), plus all of the homeowners and others would need to travel all the way via the 5 MPH Piper Slough.

Naturally, the plan raised lots of consternation from Bethel Island folks. Every weekend Bethel Island holds bass fishing tournaments, bringing in an average of $200K per event. The fishermen come directly in to the event (typically held at Sugar Barge or Russo’s) directly from Frank’s Tract (fast water) through one of the breaks in the levee outside those establishments. Asking fast fishing boats to take the very long way up Piper Slough would definitely cause the events to be held elsewhere. It would impact if not close business at Rusty Porthole, home of the January 1st Frozen Bun Run. You can’t have a Frozen Bun Run ski tournament if you have to first toodle down 20-30 minutes of 5 MPH zone to get to fast water.

The majority of boats the visit Bethel Island cut across Franks Tract. With this project, that would be closed off, losing their participation in Delta-wide events like Big Cat Poker runs and the like.

And what about bass fishing? Bethel Island is renown, not just in the Delta but throughout the U.S., as the top bass fishing area in the country. Striped bass and black bass events are huge. Bass also contributes significantly to the economy of Northern California – think of all the bass fishing boats we see zipping around continually. Boat sales, equipment, clothing, etc. are a big industry, as I found out at the Simm’s Bass Fishing event at Sugar Barge late last year. The bass fishermen say this project would basically kill bass fishing.

Carl Wilcox and his team had also met with the West Delta Chapter of the California Striped Bass Association December 15th and Roger Mammon reported that “We were unanimous in that it would destroy one of the best Striped Bass fishing areas in the Delta as well as the world class black bass fishery. We concluded this meeting expressing our doubts about this project due to all the potential negative impacts for our Delta and the East County economy.”

While it was nice that CDFG is trying to get local feedback, it did feel like other State projects where they collect comments and feedback but then those don’t influence the project significantly (aka the “WaterFix” or Delta Tunnel plan).

The “Franks Tract Feasibility Study” has two stated goals: Block salinity intrusion and improve habitat for Delta Smelt. Are either of these goals truly to improve the Delta? The real answer would be “No.” The project would ruin the community of Bethel Island economically and destroy the largest bass fishing area in Northern California. After all, Franks Tract has been named a “State Recreational Area.” (Attendees asked why a representative from Parks and Recreation wasn’t in attendance).

The Bethel Island attendees asked Wilcox why the focusing on Delta Smelt and he answered truthfully, because the smelt were the reason for environmentalists to keep shutting down the pumps. The other purpose, to stop salinity intrusion, is also because they plan to continue to over-export and allow salt water to intrude beyond the point the State committed to, the X2 line near Pittsburg. Franks Tract is way further inland than Pittsburg.

The obvious take-away is that we have the State working on yet another project, not due to concerns about the Delta as an ecosystem but with the sole purpose of allowing the exporters to continue to export water from the Delta at the current high levels or higher.

In addition, we noticed that the project will require a large amount of fill. Suspiciously, we think, “Hummmm – the State is getting pushback on not having 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? Having worked with State agencies for years and watching them push for the Delta tunnels, and knowing they currently have a problem with permits because they don’t have sufficient plans in place for how they will dispose of the tunnel muck and at what cost, having 1,000 acres to dump 5-10 feet high with tunnel muck would significantly help them out.

An alternative proposal was offered by Bethel Island resident David Gloski, who holds an undergraduate engineering degree from MIT and a masters degree. His proposal is a true compromise, that would meet their stated goals of salinity barrier and smelt habitat but would not do as much harm to their community, to the bass fishing industry, and would actually improve boating and access. A real win-win.

FranksTractAlt

The alternate creates three tidal marshes, “A”, “B”, and “C”. There are areas that are already somewhat filled with vegetation and not fished as extensively. Then a tidal wall would be constructed in the middle as shown with an optional additional extension “V” if needed. “W” is the existing island which could be built out and improved for access and recreational use. “X”, “W”, and “Z” indicate beach areas and anchor buoys. The proposal includes dredging on the west side to improve boating access through Franks Tract and reduce the number of snags and boat issues. It would also create a new anchorage; a much-needed South Delta recreational area, since Horseshoe Bend south of Bethel Island has issues with snags getting in/out of it which leaves Mildred as the only South Delta anchorage. Mildred is losing its beaches (I’d love to see the State add more beaches there), but this proposal would be a good option! This proposal still leaves fast water access available to the marinas and restaurants.

Wilcox declined to commit to adding it to their study. He only said he would “see . . ” if they could model it as part of the study.

They also said there was a “Dutch Slough Project that is about to begin construction in Oakley. I don’t know what that is. I guess I have more research to do.

Happy New Year

Dear STCDA Member –

Thank you for being a loyal member of Save the California Delta Alliance and helping in the fight to protect the California Delta. We appreciate your support in our continued grassroots advocacy to Save the Delta. Our goal: to provide a healthy environment where fish and wildlife can thrive, with fresh water for the Delta farms, and waterways that Delta communities, boaters, and visitors can continue to enjoy.

Policymakers do best when they know what their constituents expect. STCDA members were very active this year. You wrote to your representatives, took the bus to Sacramento, and showed up at hearings, workshops, and meetings to demand that the State policymakers step up to their responsibilities in protecting the Delta. Our legislators responded, with Jerry McNerney proposing his WEST Act in Congress, and Assemblyperson Jim Frazier established the Delta Caucus to push legislatively against the tunnels. Frazier was joined by other Northern California legislators including Sen. Glazer who spoke at our Town Hall. Having your representatives come to our Town Hall Meetings where 400-500 of you show up makes a big impact in motivating them to act in our behalf.

The Delta was plagued again this year by toxic algae and the fish populations remain at risk. The tunnels would increase those issues significantly. Next year is Governor Brown’s last year in office, and he is increasing his push for the tunnels. We are continuing to push back. When the policymakers ignore the law and our rights and move ahead, we must then take the next step and prepare legal contest, using your donations (thank you!) to hire expert witnesses to back our claims.

2018 will be a critical year in the battle. We need your help again to support our goal.

Please consider making a year-end contribution to support STCDA. With your support we can continue to be your grassroots voice for the Delta.

Peace to you and your family during this holiday season and into the new year.

Sincerely,

Jan McCleery
President, STCDA

Happy Holidays 2017 – The Year in Review

stcda-holidays

Here’s the year in review. The picture version of our year is below. Enjoy!

This slideshow requires JavaScript.

Hoping you all have a happy holiday season and find peace and joy in 2018! And that 2018 is the year we finally Stop the Tunnels!

If you would like to be part of the solution, to put the final nail in the coffin of the Delta Tunnels in 2018, please donate to Save the California Delta Alliance!


Having trouble? Click here

STCDA – HappyHolidays2017

Pro Delta Bass Fisherman Day

November 11 was Simm’s 7th Annual Pro Delta Day for Professional Bass Fishermen. Jan McCleery and Bill Wells represented STCDA on the Delta Conservation Panel. The event was held at SugarBarge on Bethel Island. It was fun for me be back at SugarBarge. Our family used to go there every Friday night for dinner. We’d leave Silicon Valley, stop at SugarBarge for dinner, then head to Russo’s Marina to spend the night on our boat. On Saturday we’d take the boats out for a weekend on the Delta.

The Pro Delta Day was a great event, a record turnout, and this year’s bass fishing award (again) went to Bobby Barrack and his fishing partner Brett Hite.


Clockwise from top left: Simms products on display, record turnout at the SugarBarge, Winners of the bass fishing tournament Bobby Barrack, Professional Angler and Bass Elite Fisherman Brett Hite, Bobby with Jan McCleery, STCDA, John Sherman the organizer of the event

If you look back at the events on our Event Tracker page, the very first event was August 1, 2009, the event that started Save the California Delta Alliance’s efforts. Our entire history was due to Bobby Barrack passing out fliers one early weekend morning, alerting Jan and Mike McCleery (who were anchored out at Mildred that morning) about the “2-Gates Fish ‘Protection’ Project” which was misnamed, like many of the State’s projects. The project was to install two permanent gates (aka dams) in the Delta, one in Old River between Holland Cut Marina and Bethel Island; the second in Connection Slough. Those dams would have virtually cut off all boating traffic between Bethel Island and the rest of the South Delta and severely limit the ability of Discovery Bay boaters to take their boats in and out of Discovery Bay. After seeing that flyer and finding out about the dreadful project, Jan and Mike couldn’t find anyone that even knew about it, not our Contra Costa Supervisor, local representatives, or state senator. Only our Assemblyperson knew it was going to happen, had been trying to fight it, and said it sadly was a “done deal.”

The Discovery Bay community mobilized, held meetings, had the USBR come to present their 2-Gates project and 500 angry citizens showed up in the DB Elementary Gym to complain. The USBR didn’t know anyone was against the project! The presence of so many angry citizens got all of our representatives listening and Jerry McNerney, our US Representative, jumped in and held a meeting with all of the parties: USBR, County Supervisor, Army Corp of Engineers, RBOC, and Discovery Bay representatives. The EPA chimed in and concluded the gates wouldn’t “Protect” fish, they would kill them. In 2010 the project was withdrawn.

Then we found out about the Peripheral Canal . . . now Delta Tunnels/California “WaterFix” (another misnomer). In that battle, again citizens have mobilized, attended meetings in Sacramento, protested, entered in comments, and STCDA won their law suit against the Delta Plan. (Naturally, that win is being contested, but at this point they are supposed to go back and rewrite significant portions of that Plan before proceeding.) We have other law suits underway or planned to stop the tunnels!

That just shows that each person is important in this fight against the Tunnels. If Bobby hadn’t shown up that morning, we would have had dams in our waterways and worse, we wouldn’t have found our amazing lawyer, Michael Brodsky, who is successfully leading the fight to stop the tunnels.

If you also want to make a difference, please donate. Proceeds go to expert witnesses to testify about the negative effect of the tunnel project!!!

Screen Shot 2017-09-28 at 3.25.03 PM

Donate to STOP THE TUNNELS here →

Trump opposes Delta Tunnels (UPDATE: Next day he supports the tunnels)

California Giant Tunnels
Mercury News Photo (AP Photo/Rich Pedroncelli, File)

The Trump administration said Wednesday that it will not support a massive water project proposed by California, the latest and most serious blow for Gov. Jerry Brown’s plan to re-engineer the state’s water system by building two giant water tunnels.

“The Trump Administration did not fund the project and chose to not move forward with it,” Russell Newell, deputy communications director for the U.S. Interior Department, said in an email.

Asked if that meant the Trump administration did not support California’s tunnels project, Newell said yes.

Trump opposes massive California water project.

UPDATE: The next day the Trump administration came out in support of the Delta Tunnels.

Comments on the Delta Tunnels

DWR’s preliminary engineering analysis showed the WaterFix tunnel lining design could leak in a maximum earthquake in the Delta.

via WaterFix tunnel lining could leak in a large earthquake in the Delta — California Water Research

Clarifying the Confusing Reports

Screen Shot 2017-09-28 at 3.25.03 PM McNerneyAnnouncingWESTact
Jerry McNerney announcing his WEST Act

As we reported, there were confusing reports coming out yesterday about the Santa Clara Valley Water District vote concerning the tunnel project.

Last month, Westlands Water District in Fresno, which was to have contributed $3 billion, rejected the project in its current form. Metropolitan Water Districted supported the project in their vote on October 10th, but the plan is they would only be funding part of the costs. Even that almost doubles the L.A. ratepayer costs even though those users will be getting no additional water.

The San Jose Mercury News reported yesterday that Santa Clara’s vote is a rejection of California WaterFix as proposed presently. But later in the day we saw that Governor Brown and Secretary Laird issued statements congratulating the Santa Clara Valley Water District for supporting the tunnels.

Huh?

What really happened? Well, Santa Clara voted 7-0 for some scaled-down version of the project. A single tunnel.

What does that even mean? Will the amount of money that Metropolitan has committed plus a scaled-down amount from some of the smaller districts and Santa Clara pay for one tunnel? Estimates are that Brown currently has less than 50 percent of the estimated WaterFix cost, maybe only 40 percent, which probably wouldn’t cover the cost one a one-tunnel project, since much of the cost is the excavation and construction 150 feet down through unknown types of clay and soil, disrupting water tables and who knows what else.

In addition, these water agencies are voting for a project that has not been planned. There is no small one-tunnel plan. Heck, there was no financial analysis of a two-tunnel plan so we know there’s no financial return-on-investment or benefits analysis for this not-yet-conceived-of plan.

But Jerry Brown seems intent on claiming victory.

One tunnel, two tunnels . . . as long as construction is planned through the heart of the Delta, disrupting quaint legacy communities in the North Delta, destroying boating waterways in the South Delta, and threatening Delta farmer’s ground water (the drinking water for their farmhouses) in-between and other negative impacts (going through bird refuges, leaving huge muck piles behind) then it’s a bad project. As long as the plan is to continue to try to over-export the 5 million acre-feet of water per year, the amount that has brought the fisheries crashing and has already horribly impacted water quality in the Delta, then it’s a bad project. Toxic blue-green algae blooms are a sign of stagnant water. The current water quality standards plan is lacking in addressing how to keep the water in the Delta safe for swimming and recreation and any tunnel project that diverts water around the Delta will only make it worse.

Let’s just face it. The exporters need to start doing what the Legislature directed them to do in 2009: Reduce exports and reduce reliance on the Delta. They need to get back to the approved 3 MAF levels, where they were until the late 1990s. They are allowed to take “excess” water, but late ’90s, they started pumping way more than what was just excess, as was obvious when the fisheries crashed.

It’s time for Brown to admit his big fancy tunnel plan was a bad idea and move on to good ideas for California, ideas like Rep. Jerry McNerney’s WEST Act (the Water and Energy Sustainability through Technology Act): No tunnels, invest in desalination, recycling, conservation, L.A.’s infrastructure upgrades – modern ideas, not worn-out tunnel/canal ideas. The WEST Act includes provisions that support innovative technologies and infrastructure for urban and agricultural areas, as well as efforts to improve efficiency. “It’s time to change the narrative and focus on practical, forward-thinking solutions instead of high-cost, short-term fixes,” said Congressman McNerney. “California has long been a leading innovator in energy and technology and we now have the opportunity to apply that type of ingenuity to modernizing our water systems.”

Save the California Delta Alliance (STCDA) is working to protect the entire Delta: our farmers, fisheries, and North and South Delta communities.

STCDA is the only organization working to protect the South Delta Boating & Recreation and the water quality needed to support these activities. Clean, non-toxic water is vital to South Delta communities’ economic survival.

Please Donate.

Or send a check made out to “STCDA” to:
STCDA
P.O. Box 1760
Discovery Bay, CA 94505

One step backwards for the Tunnels

(Edited 10/18)

Bouldin Island
Mercury News Photo

Yesterday we reported that “By a vote of 7-0, the Santa Clara Water District rejected the tunnel plan.”

CORRECTION: As more feedback comes in about the Santa Clara Water District Vote yesterday, they didn’t exactly vote against the tunnels as reported by the SJ Mercury, the vote was 7-0 for a scaled down version. Hopefully that still means going back to the drawing board and re-planning the project. Anything that slows it until Brown is out of office is a good thing.

But . . . (there’s always a “but” when it comes to the State water issues) if the construction destruction still goes through the heart of the Delta, we still have work to do.

Read more in the San Jose Mercury News


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