California Water Board: Sites Reservoir Permit Approved for Major Storage

• California's State Water Resources Control Board unanimously approved a permit for the Sites Reservoir project, a 1.5 million acre-foot lake in Colusa County.
• The project, estimated to cost between $6.2 billion and $6.8 billion and anticipated to become operational by the end of 2033, aims to capture water during heavy rainfall events to address climate change impacts.
• The permit includes new language clarifying required unimpaired flows and consultation processes with Native American tribes.
• Environmental groups and tribal representatives strongly opposed the project, citing concerns over sacred land destruction, ecological harm, and insufficient engagement.
• Supporters view the reservoir as a critical component for California's water security and climate resilience, also noting potential job creation.

The board's decision, while hailed by proponents as a vital step for California's water future, has drawn sharp criticism from environmental and tribal groups who contend their concerns about ecological impact and sacred land preservation have been largely overlooked.

California's State Water Resources Control Board has unanimously granted a crucial permit for the ambitious Sites Reservoir project, marking a significant advancement for the long-planned water storage initiative. This decision, described by Vice Chair Dorene D'Adamo as a "monumental" outcome following a "lengthy and complex process," paves the way for the construction of a 1.5 million acre-foot lake in Colusa County.

The reservoir is designed to address the state's evolving water needs and the challenges posed by a changing climate, with projections indicating it could divert up to 986,000 acre-feet of water annually. This volume is sufficient to supply approximately 8.4 million people each year. The project is currently estimated to cost billions of dollars, with state officials in 2024 providing an estimate of $4 billion, while other groups have cited figures between $6.8 billion and $9 billion. It is anticipated to become operational by 2035.

Proponents of the Sites Reservoir project emphasize its critical role in California's strategy for climate change adaptation. State Natural Resources Agency Secretary Wade Crowfoot articulated that the state's experience with "weather whiplash"—alternating periods of extreme drought and heavy rainfall—is not an anomaly but rather "the new normal." The reservoir is envisioned as a vital component for capturing and storing water during these increasingly intense rainfall events, thereby enhancing the state's resilience.

Beyond its primary function of water storage, the project garners support from various sectors, including union members who foresee significant job creation during its construction phase. Water agencies also back the initiative, viewing it as essential for securing future water supplies amidst environmental shifts and growing demand.

Despite the unanimous board approval, the Sites Reservoir project has faced considerable opposition from environmental organizations and Native American tribes. These groups urged the water board to either reject the project outright or implement substantial modifications to the permit before its approval. Key concerns raised include the potential destruction of sacred tribal lands, adverse impacts on fish populations and other species, and the project's substantial cost.

In response to these criticisms, the State Water Resources Control Board incorporated clarifying language into the permit regarding required unimpaired flows and the process for consultation with Native American tribes. However, opponents, including Managing Attorney Eric Buescher of San Francisco Baykeeper, argued that the permit should explicitly mandate a 55% minimum unimpaired flow, asserting that the Sacramento-San Joaquin River Delta is in a state of crisis requiring increased water flows. Board member Sean Maguire countered that the broader Bay-Delta plan already encompasses a flow range of 45% to 65%.

The debate surrounding the Sites Reservoir permit closely mirrored discussions from a recent update to the San Francisco Bay/Sacramento-San Joaquin Delta plan, a massive watershed providing water to 30 million people and irrigating 4 million acres. Opponents, such as Policy Director Keiko Mertz of Friends of the River, deemed the reservoir "senseless" due to its environmental and cultural costs. Tribal representatives, including Theresa Moore, Tribal Treasurer and Council Member of the Chhé'ee Fókaa Band of Northeastern Pomo, accused the board of being a "mouthpiece of Big Agriculture and profiteers," alleging that the project is founded on "lies and racism" and that tribal input is consistently disregarded despite claims of partnership.

Sammi Jerry echoed these sentiments, describing the project as a "desecration of tribal sites" and lamenting that tribal voices are often "ignored" and "concerns dismissed." Mertz further noted that tribes perceive the consultation process as merely "checking a box," advocating for genuine mitigation or reparations for affected communities. The board's decision, while moving the project forward, highlights ongoing tensions between development needs, environmental protection, and tribal sovereignty in California's complex water landscape.

Lawyers advising clients on water rights, environmental compliance, or tribal land issues in California should meticulously review the specific conditions of the Sites Reservoir permit and the updated Bay-Delta plan. This approval sets precedents for future water infrastructure projects, particularly concerning required unimpaired flows and tribal consultation, which may lead to new litigation or compliance challenges for affected stakeholders.

Source: Original reporting via Courthouse News