Delta Stewardship Council: California Delta Conveyance Project Appeals Heard

• The Delta Stewardship Council recently heard renewed appeals regarding the California Delta Conveyance Project's certificate of consistency.
• Opponents challenged the project on its potential impact on the invasive golden mussel and its conflict with the Sacramento Area Sewer District’s Harvest Water project.
• The Department of Water Resources had previously revised its project certification to address these two specific issues.
• The Council, which cannot outright deny the project, is expected to issue a decision on the appeals by December 9.
• Local residents and environmental groups voiced concerns over the project's long-term construction timeline and its impact on scarce land and existing water initiatives.

Its ruling could compel the Department of Water Resources to undertake further revisions, potentially influencing future project certification standards, environmental mitigation requirements, and land-use considerations for similar large-scale public works.

The Delta Stewardship Council recently convened to hear renewed challenges concerning the certificate of consistency for California's ambitious Delta Conveyance Project. This hearing provided opponents with a second opportunity to argue that the massive water transfer initiative fails to meet critical standards and requires further revision by the Department of Water Resources. The Council's review focused specifically on two points that had previously prompted the state water department to rework its project certification.

During the proceedings, the Council did not issue an immediate decision on whether to reject the appeals or to send the issues back to the Department of Water Resources for additional adjustments. It is important to note that the Council's authority does not extend to outright denial of the project itself. A final determination on these specific California Delta Conveyance Project appeals is anticipated by December 9.

At the heart of these appeals lies the Delta Conveyance Project, a monumental undertaking designed to transport water from the Sacramento-San Joaquin River Delta to Southern California. The project envisions constructing two intake facilities situated near the town of Hood, adjacent to the Sacramento River, capable of diverting 6,000 cubic feet of water per second. This water would then travel through a 45-mile-long tunnel, ultimately reaching the Bethany Reservoir.

This extensive infrastructure initiative carries an estimated price tag exceeding $20 billion. Its scale and potential impacts have made it a subject of considerable controversy for an extended period, leading to various forms of California water infrastructure litigation. The project's proponents argue it is essential for the state's water supply, while opponents raise significant environmental and local impact concerns.

A primary point of contention in the Delta Stewardship Council review revolves around the project's potential impact on the golden mussel, an invasive species already prevalent in the Delta. Opponents, including San Joaquin Supervisor Paul Canepa, highlighted that these mussels attach to submerged surfaces, causing significant issues by interfering with pumps and screens. They expressed concern that the proposed water tunnel could inadvertently create a favorable habitat for these mussels, questioning whether the Department of Water Resources adequately addressed this risk in its revised consistency certificate. Sabrina Snyder, a senior management analyst with Yolo County, further emphasized that physical removal methods are insufficient for sustained control of the golden mussel invasive species Delta problem, raising doubts about the project's long-term maintenance efficiency.

Another critical issue centers on the conflict between the project's "twin cities complex"—a tunnel launch shaft—and the Sacramento Area Sewer District’s Harvest Water project. Osha Meserve, representing several appellants, argued that the Delta Conveyance Project would render over 200 acres unusable, negatively affecting the Harvest Water project. This existing initiative, slated to commence operations next year, is designed to deliver 50,000 acre-feet of reliable, recycled water annually to agricultural lands and natural habitats. Meserve underscored that the Harvest Water project is not merely a proposal but is already actively underway, implying that the Department of Water Resources Delta Plan compliance was insufficient in this regard. The Delta Protection Commission, an advisory body, also aligned with the appellants, asserting that the water department had not met its obligations. Department officials, however, maintained that their revised certificate of consistency adhered to the Delta Plan, arguing that their benchmarks were appropriately narrow.

Beyond the environmental and technical specifics, the appeals also brought to light profound local community impacts. Duane Martin, a member of the Twin Cities Group and a rancher in the area for two decades, voiced concerns that the proposed twin cities complex would lead to the irreversible loss of his ranch land, lamenting the increasing scarcity of such properties. The sheer duration of the Delta Conveyance Project's construction, projected to span over 11 years, was another significant worry. David Schultz, also from the Twin Cities Group, expressed anxiety about the construction timeline, a sentiment echoed by Contra Costa County Supervisor Diane Burgis, who noted that the project's duration would encompass Schultz's infant child's entire childhood.

The Delta Stewardship Council's upcoming decision on these specific California Delta Conveyance Project appeals holds considerable weight, even though the Council lacks the power to halt the project entirely. Its ruling could compel the Department of Water Resources to undertake further revisions, potentially influencing future project certification standards, environmental mitigation requirements, and land-use considerations for similar large-scale public works. This ongoing regulatory scrutiny and the associated litigation risks underscore the complex challenges inherent in major water infrastructure development in California.

Lawyers advising clients on California water infrastructure projects, particularly those impacted by the Delta Conveyance Project or similar large-scale developments, should closely monitor the Delta Stewardship Council's upcoming decision on these appeals. The outcome could influence project certification standards, environmental mitigation requirements, and land-use considerations for future projects, as well as highlight ongoing litigation risks for major public works.

Source: Original reporting via Courthouse News Service