Archive Page 36

Getting the word out

We asked for more media involvement and Linda Yee, KPIX Channel 5 News picked up the gauntlet, producing a two-part series that aired Friday November 15th. The first covered Delta farmer (Hemley Farms), boaters (McCleery’s on the Delta), businessmen (Bill Pease at his marina) and community concerns in the video taken at the second BDCP In-Delta meeting at the Brentwood Library (including John and Diana Senter and Bob Ackerly).

The second piece features Bobby Brown, bass fisherman, and Linda Yee does a good job exposing Paramount Farms’ role including the Resnicks and their primary ownership of the Kern Water Bank.

Planning for 2014

As we are in the final few months of 2013, the Save the California Delta Alliance would like to thank all you who have contributed to the cause this year – supporting the Save the Delta Charity Golf Event, volunteering to man booths at various events, and those who got on the bus to Sacramento. A special thanks to the volunteers who went door-to-door making sure our lawn signs were visible throughout Discovery Bay, north in Clarksburg and along highways in-between. Plus all others who are working to stay informed via our newsletters.

The Bay Delta Conservation Plan (BDCP) Environmental Impact Report (EIR) was delayed until November 15th and possibly later due to the government shutdown. Once it is released, there will be a 120 day comment period and we will be reaching out for your comments to be sent in.

In addition, my term as President is up at the end of this year and we are seeking a new President for 2014. I will remain in my Communications role. The formal responsibilities of the President are: “The President shall be the principal executive officer of the Association and shall in general supervise, direct, and control all of the business and affairs of the Association and officers. The President shall convene Board meetings and shall preside or arrange for other members of the Board to preside at each meeting.” Board meetings are held quarterly in Discovery Bay or more often as needed.

The new President will have guidance and support from existing Board of Directors and Steering Committee members including our outstanding Legal Council, Michael Brodsky, to help him/her come up-to-speed on the important issues and upcoming milestones.

We are seeking a person who cares about the Delta and who can represent the organization in public meetings (such as our yearly Town Hall Meeting) and smaller venues (speaking to boating clubs or farmer organizations), who likes to organize events and has leadership experience.

If you are interested, please contact me at stcda@nodeltagates.com.

Jan

Paper Water

Water’s for Fighting: How California and the feds sold off more water than north state rivers usually hold.

Today’s post includes excerpts from a great piece in Humboldt County’s North Coast Journal that follows the paper water trail and answers the $64 million question: “So why does Southern California get to drink our milkshake?” See the link to the entire article at the end of this post. It provides much more information, particularly on the Trinity River battles and detailed history of contractor rights.

When the Central Valley Project was being developed, the Bureau of Reclamation began making contracts to sell water to irrigators. In its effort to gain water rights, Reclamation made “exchange” contracts with irrigators who had riparian rights. Those deals resulted in many senior claims to water — essentially first place in line — for those irrigators.

And while some of its customers regularly get their full water complement, those with junior water claims are given small percentages. In the Central Valley Project, that’s the irrigators on the west side of the San Joaquin Valley (such as Westlands Water District), which were among the last contractors with Reclamation and so have junior water rights. They came late to the party when the Central Valley Project was completed in 1963. Now, Reclamation has more than 250 contracts attached to the Central Valley Project.

That discrepancy between the amount of water available and the amount of water promised is called “paper water.”

And while “paper water” is sometimes a source of strife, with water users pulling at the supply from both ends of the state, some say it’s actually meant to prevent disputes. Think of it this way: Reclamation’s contracts represent California waterways when they’re completely saturated — a glass 100 percent full. If and when the state gets a year that wet, that water is spoken for. If the glass was full and the water wasn’t 100 percent spoken for, it could spur furious grasping for the leftovers.

They claim it’s not bad science that created those over-allocations. It’s planned for when there’s a wet year. Anticipating that there’s an excess. It’s optimism — and “how do you prevent a scramble?”

“In plain language,” the report reads, “this means there is really very little if any water available to the Central Valley Project and the State Water Project at any time.”

Tom Stokely of the California Water Impact Network put it bluntly. “They will never get 100 percent of their water contracts,” he said. “This is not a new phenomenon. They’ve been sweeping it under the rug for years.”

To make matters worse, over the last 32 years, Reclamation began realizing the negative impacts occurring to the environment from over-emptying water (e.g., from the Trinity River causing the massive salmon kill in 2002), and began to give back more than 1 million acre-feet of water to the environment, yet there’s no adjustments to water contracts or water rights. This is one example of why now the holders of the water contracts will NEVER have 100 percent.

More than five times the available water in the Sacramento River and San Joaquin River basins is claimed by state and federal rights holders, according to the California Water Impact Network report.

In addition, when allocations and contracts were first developed, the population of the state was lower. We’ve got this issue of climate change as well. We’re not seeing as much rain and snow as we’ve had in the past.

Why don’t we fix the paper contract fiasco?

Stokely said Reclamation isn’t interested in adjusting its water contracts because it would mean an admission that the bureau doesn’t have as much water as it says. “If they revise their allocations, they’re in for a big fight,” he said, adding that water users, not taxpayers, come first. “The Bureau’s essentially controlled by the water users — they’re the quote-unquote clients.”

Hampering the efforts to adjust allocations to numbers based on reality are the powerful Southern California Water interests, Stokely said. The five-person California Water Board, which could revisit water claims, is appointed by Gov. Jerry Brown, and “they’re never going to make a decision that makes the governor unhappy,” he said.

Opponents of the Delta Tunnels say the multi-billion dollar plan is just another attempt to increase Southern California’s access to Sacramento River water that simply doesn’t exist.

Bottom line: Claims that the Bay Delta Project will increase the health of the delta just don’t stand up when fresh water is expected to be pumped south before it reaches the delta.

See the entire article in Humboldt County’s North Coast Journal article by Grant Scott-Goforth Water’s for Fighting.

New Myths/Facts Tab

This year has been exceptionally dry, and much of California is in a severe drought. But corporate farmers in Westlands Water District are saying that it is protections for endangered fish in the Delta — not drought — that caused a 20% water allocation this year, and resulted in fallowing of hundreds of thousands of acres of land on the west side of the San Joaquin Valley. They blame the Delta smelt for unemployment of farmworkers in Mendota.

How much of this is true and how much is myth? Deirdre Des Jardins of California Water Research has done extensive research on the true causes of land fallowing on the west side of the San Joaquin Valley.

She’s provided an update of her “Myths and Facts” sheets for SCTDA. We’re proud to host them as a tab on our website. See the new Myths/Facts tab.

After Fight, Boaters Get Reprieve With California Legislature

Only the Free Press can counteract the BDCP Marketing Campaign

BDCP Marketing Campaign is now in Full Swing

While the citizens in Northern California who will be most affected by the Bay Delta “Conservation” Plan (BDCP) Peripheral Tunnels get “checkbox” public outreach meetings, here’s what the citizens in Southern California are getting to “sell” them on the idea:
BDCP_OutreachSnapshot_0905

We’ve been asking for regional BDCP Workshops or local meetings for months. Five regional workshops and 75 information meetings are now planned in Southern California. Almost 1 million “educational inserts” (myth marketing) included in LA newspapers.

We need the Press

When this much money is being spent on marketing the myths and hype from the tunnel proponents, Northern California must rely on the Press to expose the truth about the tunnels. Northern California groups cannot match the money being spent by the water contractors to sell their Peripheral Tunnel idea.

Grassroots community organizations like Save the California Delta Alliance, environmental organizations and others have been working around-the-clock trying to get the word out, get the press involved, and inform the citizens of Northern California about the Bay Delta “Conservation” Plan (BDCP) Peripheral Tunnels and the impacts they will cause to our area of the state.

Yet still, many attendees at last Saturday’s Tomato Festival in Brentwood had no idea what the Tunnels were or how they would be affected!

What is being done by the State or the BDCP to educate the people who will be effected by the Tunnels? Nothing!

The BDCP public outreach group announced “In Delta” meetings in places like Brentwood and others to allow Delta citizens to come in “as a resource for Delta citizens and community members who are in need of additional information or would like to provide input to the BDCP effort” (according to their website). The actual events were not informative as reported last week People Showed Up for the In-Delta Meeting. We got no answers and DWR reps tried to keep Central Valley Times reporter/photographer Gene Beley from taping the public meeting – see Brown Administration Bars Reporter From Filming Public Meeting On Tunnels.

In the North, attempts are being made to keep people from even knowing about the tunnels with removal of signs and not allowing the Press at public meetings while the water contractor’s marketing machine is busily trying to sell the masses in the South on the fallacy of how good the tunnels will be for them.

Thank you to the Central Valley Business Times, Daily Kos and reporters like Gene Beley, Alex Breitler, and Dan Batcher (and others – sorry if I missed you) who go out on a limb and run controversial pieces criticizing the BDCP and exposing the myths.

We now need even more hard-hitting investigative reporting in major newspapers and on the TV to expose the facts behind the myths to all Californians.

People Showed Up for the In-Delta Meeting

And what did they get? “I’ll get back to you on that,” “sorry I can’t be more helpful,” and “I’ll send that comment in.”

I arrived at the Bay Delta Conservation Plan (BDCP) In-Delta Meeting for Discovery Bay, held in the Brentwood Library, on Tuesday September 3. There was already a crowd there. At least 20 people were ahead of me on the waiting list. There were citizens from Brentwood, Discovery Bay. There were farmers, business people, marina owners.

The meeting was hosted by Brian Heiland, a DWR engineer and two consultants from URS Corporation, Tiffany and Jackie. Jackie had people sign in and had boxes of the nice glossy BDCP literature. She was explaining the process to the folks there: Sign in and then Brian would take one-on-ones and Tiffany would be taking some people in groups. (Shown below a small group meeting in the stacks). My first thought was that the small library was a very strange venue for a public meeting.

Gene Beley was on-hand to video the interactions. The hosts weren’t very happy with his videoing. Brian refused to provide any feedback when being taped. Jackie expressed that they were not providing any public information, rather only to give the people a chance to express their feedback.

I don’t fault the young people there doing their best. But this was not a true “In-Delta Meeting” and not what we had been asking for, needing, or what the Delta citizens deserve. The fault for causing citizens, farmers, and business people wasted time and aggravation lies with the DWR and BDCP managers who decided on this format and venue. It obviously was more of an attempt to check the “public outreach” checkbox than to truly interact with and provide information to the concerned citizens who will be so impacted by the Delta Tunnels project.

Here’s Gene’s video showing a group that split off and offered great suggestions and ideas including the Discovery Bay CSD representative Bill Pease who also owns River’s End Marina; Tom Huppler, an engineer by profession who lives in Discovery Bay; Eric Jensen from Discovery Bay, an Engineer proposing desalination as a viable alternative; and the Save the California Delta Alliance Secretary, LaVeta Gibbs. The USR Corporation Consultant’s main feedback was “I’m happy to pass that on.” Here is Gene’s write-up in the Central Valley Business Times. We all should give Doug Caldwell, the Editor of Central Valley Business Times a big “thank you” for always being willing to post the latest, cutting edge information about what is really happening with the Delta Tunnels Project. Sign up for his FREE newsletter 6 days a week by looking at the top of the masthead to subscribe and fill out the email information.

Since Karen Mann and I spent probably 15-20 minutes talking about Delta issues with Brian which resulted in just a few sentences he wrote on a one-page form, I am less than confident that all of our concerns and issues will be recorded or responded to.

Various people suggested to the DWR reps that they need to come to Discovery Bay in a larger venue and that they needed to have the right people who can answer the questions. Specifically, we need Jerry Meral and David Sunding to show up to ask questions about the construction impacts, long-term water quality impacts in the South Delta, and the economic impacts to South Delta communities which is now missing from the State Economic Report. I asked Brian to let me know when we could hold a meeting with them in attendance and we could certainly arrange the right time and place.

When I walked out, a librarian said to me “It sure was noisy in there today.”

Other Video from Gene Beley:
Oakley City Council member Diane Burgis and Brentwood resident, Jim Panagopoulos.

Changes in Tunnel Plans

Updated 8/16/13

Breaking News:

The BDCP is proposing altering the tunnel path which they say is to reduce the impact on the farming towns and farmers in the north. Some changes were announced as improvements on the impacts on the towns of Hood, Courtland, Clarksburg and possibly Walnut Grove. For example, the pumping station will be 30 feet high instead of 60 feet, slightly lessoning the impact on those town’s scenic views but still over 3 stories high.

The BDCP’s new plan is to leave less tunnel muck in the Delta and now Daniel Wilson, the farmer who was threatened to lose his home and fruit packing plants, is out of danger. But Wilson was quoted in the Sacramento Bee as still opposing the project because of other fundamental changes it poses, including altered Sacramento River flows and water quality, and disruption of roads, traffic and scenery.

Read more here: http://www.sacbee.com/2013/08/15/5652161/water-plan-may-shift-delta-tunnels.html#storylink=cpy

Some believe it was motivated more by the need to reduce costs to keep the contractors involved. The new plan cuts the total path from 35 miles to 30 miles and reduces some of the acreage mitigation costs from muck storage by finding uses for it (a new release claims muck will now be “reusable tunnel material”).

THE BAD NEWS:

There is no change in the route through the South Delta. The plan will still cut the South Delta in half impacting marinas, restaurants, boating and recreation. The new route goes through Staten Island, the 9,100-acre island between two forks of the Mokelumne River that California taxpayers spent $32 million to preserve the island as wildlife habitat and may be a disaster for sandhill cranes. While the new plan removes some of the muck areas, there is now an even bigger muck pond shown south of Discovery Bay.

In addition, the long-term water quality issues, salmon issues, and other negative impacts from the tunnels remain.

Updated map: http://baydeltaconservationplan.com/Libraries/Dynamic_Document_Library/Map_of_Proposed_BDCP_Changes_8-15-13.sflb.ashx

New BDCP “Fact Sheet”

A new Bay Delta Conservation Plan (BDCP) “Fact Sheet” was released today by the State Water Contractors.

The “Fact Sheet” is Bogus

  • The “alternative” that the Fact Sheet claims Delta Stakeholders are advocating for is a made-up alternative. None of the alternate proposals that have been submitted have indicated that the solution is to solely upgrade levees. While several proposals include ongoing maintenance of levees, strengthening some, none suggest that huge upgrades throughout the Delta are required or necessary. The “Fact Sheet” presents a bogus alternative to replace all of the levees in the Delta with massive (significantly wider and higher) levees.

  • This made-up “alternative” more closely resembles the BDCP’s own 2009 Peripheral Canal “Through-Delta” alignment, building a huge isolated canal through the middle of the Delta including an “armored corridor” and numerous gates to funnel fresh water from Hood to the pumps and keep any salt water from the ocean out. This Peripheral Canal alternative was resoundingly rejected by Delta stakeholders during early BDCP workshops; hence the BDCP chose their tunnel idea instead.

  • The current BDCP proposal, the “Tunnel Plan”, will result in an enormous amount of “tunnel muck” being produced (a BDCP term, not mine). In the BDCP’s Final Draft Plan this “tunnel muck” is described, in detail, as being toxic and needing to be stored in lined ponds to keep it from leaching into the ground water table and away from sensitive habitat areas. However, now this “Fact Sheet” is trying to sell us that this toxic mud is actually “material for valuable uses in the Delta.”

Calling this a “Fact Sheet” is a complete misnomer.

What do Delta Stakeholders Advocate

There are several alternative proposals that are being offered as better solutions than the BDCP. See the side panel “ALTERNATIVE PROPOSALS” to view proposals that have been offered by Rep. John Garamendi and others.

The Delta Stakeholder alternatives are not, as the “Fact Sheet” claims, of narrow scope and limited benefits. Levee maintenance is only one piece of Garamendi’s and others’ proposals.

However, the levee system needs to be maintained to protect the $20 billion in infrastructure (railroads, gas lines, power facilities, highways) and 4 million people who live in the Delta. Most of the levees are now in good shape; some have been recently upgraded. Over the years, levee heights may need to be raised due to higher water levels from global warming, but the water rise would occur so slowly that a normal maintenance program can easily keep them of adequate height. Many feel this ongoing levee maintenance costs should be shared by the contractors. The Garamendi proposal states: “The BDCP has neither a plan nor funding for the maintenance of the levees that are crucial for their proposed water conveyance system.”

When did toxic tunnel muck become such a great commodity?

In Chapter 4 of the BDCP Final Draft Plan (issued March 2013), we read:

    “Tunnel muck generated by the boring process is a plastic mix consisting of soil cuttings and soil conditioning agents (water, air, bentonite, foaming agents, and/or polymers/ biopolymers). Before the muck, or elements of the muck, can be reused or returned to the environment, the muck must be managed and, at a minimum, go through a drying/water‐ solids separation process and a possible physical or chemical treatment. The daily volume of muck withdrawn from the tunneling operations is estimated at approximately 7,000 cubic yards per day.”

    “Spoils and tunnel muck … areas will be located away from sensitive habitat areas. To ensure that underlying groundwater is not contaminated, the muck ponds will be lined with an impervious membrane.”

In the BDCP “Fact Sheet”, they are now claiming that:

    “Tunneling creates material for valuable uses in the Delta. The tunneling aspect of the BDCP is expected to produce about 24 million cubic yards of material for potential reuses nearby such as habitat restoration and levee strengthening.”

So which is it? Is tunnel muck toxic to be located away from sensitive habitat areas or useful to build sensitive habitat areas? Did the BDCP get such strong push-back from Delta stakeholders who were being told they would be left with acres and acres of toxic, smelly muck piles throughout the Delta that they decided they needed to change their “marketing”? Or is Chapter 4 of the BDCP Final Plan completely wrong as to how the tunnels will be drilled?

Update
Yes indeed, between March and August they have updated their collateral and now, instead of tunnel muck which was “plastic mix consisting of soil cuttings and soil conditioning agents (water, air, bentonite, foaming agents, and/or polymers/ biopolymers)”, their new materials now describe “reusable tunnel material … Water and biodegradable, ecofriendly soil conditioners are mixed with the soils to create a toothpastelike material [which] will be tested and evaluated to determine suitability for various reuse options.” I guess it doesn’t need to dry out any longer and does that mean it won’t be smelly? It’s good if they can make that happen.

Fact or Fiction?

See what you think about this very odd BDCP “Fact Sheet”.

“Fun” with “Facts”

Contrary to the BDCP “Fact Sheet” claim, the BDCP is primarily a narrowly scoped “Tunnel Plan”. It’s always fun to see how marketing positions things. When I worked in the software world, our Marketing guru was excellent at finding the right way to position our product against the other guys. The water contractors apparently have a large marketing budget. So for fun, I took the “Fact Sheet’s” marketing and spun it.

Theirs:

Mine:

Correction 8/24/13: The Fact Sheet was published by the water contractors, not the BDCP.

Update 9/25/13: The original chart showed a YES for “Does the BDCP increase reliability” but today we need to change even that to a big “NO”. According to Dr. Jeff Michaels, UOP, discussing the response of Dr. Meral to questions in public meetings said that taxpayers would need to agree to pay for even more habitat or water flows from upstream sources if needed to achieve BDCP recovery goals and comply with the ESA. This is due to the regulatory assurances in BDCP limiting additional contributions of water or money from the water contractors.”So this conceptual idea is a nice illustration of how the BDCP reduces regulatory uncertainty for the water contractors by increasing regulatory uncertainty for taxpayers, upstream water users, and the environment. And that transfer of risk is why I have not included any value for regulatory certainty in statewide benefit-cost analysis. If you want to count the value of this risk reduction benefit to the contractors, you also have to value the cost of the risk increase to upstream interests, taxpayers, the environment and the Delta. The BDCP economic studies released this summer do not provide this balanced assessment.”

State Economic Plan’s Factual Flaw

This Letter to the Editor from Jerry Cadagan (copied below) should be published in every newspaper in the state: http://www.thereporter.com/letters/ci_23839272/letter-study-gets-pay-fact-wrong:

Paul Burgarino’s article about Gov. Brown’s economic study of his Peripheral Tunnels project (“Study: Delta tunnels would net $5 billion benefit,” Aug. 6) includes many reasons to question the professionalism of the economic work, including unfounded assumptions about the amount of water to be delivered, and uncertainty regarding needed voter-approved bond funding for portions of the project.
Those problems alone should doom the proposed project.

But there is a major factual flaw that is bound to sink prospects for the tunnels project. Twice in the study, it is explicitly stated that “the state and federal water contractors have committed to funding 100 percent of the construction and operation of ” the tunnels.

In coming up with all the rosy economic predictions, the study authors must have assumed those contactors would pay the $16.3 billion involved. The problem is simply that the quoted language is flat wrong; the water contractors have not committed to pay those costs. The study results are meaningless, given that major fault.

And if the state and federal water contractors (many of them being south-of-Delta mega agri-business firms) don’t pay the $16.3 billion in construction and operating costs, who do you suppose will end up paying them? Look no further; just go to the nearest mirror.

Jerry Cadagan
Sonora


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