Restore the Delta asks for Governor’s Signature of SB1

From Restore the Delta

The politics surrounding SB1 are as murky as Delta water in late September.

But there is a clear story illuminated by an article today by LA Time’s veteran Sacramento-observer George Skelton. Senate leader Toni Atkins (D-San Diego) has shown great courage in “standing up to a powerful new governor of her own party.”

In defying Newsom, she tried to protect California from Trump — and showed how legislating should work – Los Angeles Times 9/16/19

While Governor Newsom has vowed to veto this bill, San Francisco Bay-Delta advocates today asked him to reconsider.

Barbara Barrigan-Parrilla, executive director of Restore the Delta said:

“We have spent 2019 working to be the voice of reason from the Delta and to build a bridge with the Newsom administration. That is all now in danger of crumbling. If Governor Newsom continues to echo the talking points of water contractors and vetoes SB1, he will allow Delta fisheries to collapse.

“SB1 is based on the 2011 biological opinions and all the related fishery management science of the Delta, and fishery protections equal water quality protections for the Delta’s 4 million people. He will be rejecting protection of the estuary and its people, plus a host of needed water quality and air quality protections for the state. He is choosing big ag and big water interests over public health and a healthy and clean environment for all Californians.

“We have tracked the Voluntary Agreements to reset flow standards for the Delta tributaries, but like other Delta public entities, were never invited to the table. When the California Department of Water Resources, and California Fish and wildlife introduced the Voluntary Agreements to the State Water Resources Control Board, they promised agreements that would be more protective of the Delta than the Bay-Delta Water Quality Control Plan. But a veto of SB1 will open the door to make the Voluntary Agreements meaningless.  We spent years working at the State Water Resources Control Board to advance a Bay-Delta Water Quality Plan that was protective of the Delta. We will not accept the imperfect Bay-Delta Water Quality Plan being replaced with a disastrous Voluntary Agreement based on a gutting of environmental protections.

“Governor Newsom, please sign SB1!“


SB 307 signed, providing state environmental oversight for water transfers

Good news! California Governor Gavin Newsom recently signed SB 307, protecting public lands from a groundwater pumping project which would have taken 16 billion gallons of water every year from an aquifer under the Mojave Trails National Monument. The bill puts the “Cadiz Water Project,” on hold and gives the state authority to do an environmental review to assess the impacts of the extraction on land, including sacred indigenous sites, on recreational uses, and on the desert ecosystem, including endangered species. The project, which has been pushed by Cadiz Inc. for more than two decades, was also on a Trump administration list of priorities for new infrastructure development, which led to the federal government cancelling an environmental review mandated during the Obama presidency.
SB 307 requires the State Lands Commission to determine that projects involving the transfer of water from a groundwater basin won’t adversely impact the surrounding environment, so if enforced and properly implemented it can protect other ecosystems and communities within California from adverse impacts from water extraction. 
Groups organizing against the project cheered the signing, but cautioned that SB 307 slows but does not necessarily stop Cadiz, and that continued action is necessary not only to protect the Mojave area but also to fight for safe, sufficient, and affordable water and sanitation for everyone in California.
More here.

Questions and caution as California looks at single-tunnel water project

The dual-tunnel California WaterFix project is off the drawing board, but concerns about what might replace it remain as long as the state works on a promised assessment of a single-tunnel project for the Sacramento River Delta. This article takes a look at how that assessment process has begun, noting that much of the specifics of the project remain undefined, including “the path the tunnel would take, its capacity, and the number and location of intakes.”
River advocates are questioning the process. “This whole series of meetings with the water contractors and DWR, without really any meaningful public input, is putting the cart on the top of the horse. I wouldn’t even say it’s putting the cart before the horse. It can’t go anywhere,” said Michael Brodsky, legal council for Save the California Delta Alliance. Meanwhile, Restore the Delta said they will “evaluate the single tunnel proposal with an honest, factual, critical eye when the proposal is brought forward,” with the goal of protecting “fisheries and water quality for all Delta communities.

Thanks to Rep. Garamendi for action on appropriations bill

We applaud Rep. John Garamendi (D-CA-3) for his attempt to amend HR 6147, the Department of the Interior, Environment, and Related Agencies Appropriations Act of 2019. Unfortunately, this bill doesn’t just fund various federal agencies, it also contains sections that prohibit lawsuits that seek to stop the Delta Tunnels and could also prohibit groups from bringing suit to stop other damaging water infrastructure projects.

Rep. Garamendi’s bid to amend was ruled out of order, or, as he wrote in an email to constituents, “political speak for ‘we don’t like your idea, so we’re not going to give it a vote.'”

As he writes, “If H.R. 6147 were to become law, it would prohibit lawsuits against nearly all major California water projects, including the twin tunnels.” The bill would empower the California Department of Water Resources to do what they like to the Sacramento-San Joaquin River Delta, and denying a day in court to more than 90 parties with lawsuits challenging various aspects of the tunnels, including local governments, water districts, and conservation groups. Other attempts to protect water, such as fighting the raising of the Shasta Dam, would also be imperiled.

You can read Rep Garamendi’s press release here.

Metropolitan Water District Feigns Legislative Distance Over Calvert Rider: Public Record Act Documents Reveal Complicit Action Including Other CA Water Districts & Agencies

For immediate release: July 2, 2018
Barbara Barrigan-Parrilla, Restore the Delta, 209-479-2053,

STOCKTON – Restore the Delta recently acquired a series of documents contained in a Public Records Act Request (PRA) from the Metropolitan Water District of Southern California (MWD or Metropolitan) that indicate respective staff members from MWD, Kern County Water Authority (KCWA), and the Santa Clara Valley Water District (SCWVD) reviewed the extent to which the House Appropriations spending bill met their previously planned needs for the CA WaterFix project, including the Calvert rider—a legislative provision that would ban further judicial review of the Delta tunnels project.

In addition, some documents confirm that MWD and Municipal Water District of Orange County (MWDOC) board director Brett Barbre worked behind the scenes to pursue the passage of the Calvert rider despite MWD General Manager Jeff Kightlinger’s best efforts to distance MWD from any political backlash associated with the Calvert Rider.

In an email dated May 15, 2018 between MWD’s Roger Patterson, Kern County Water Agency’s Brent Walthall, various D.C. lobbyists, and Santa Clara Valley Water District’s Nina Hawk and Richard Callender includes a review list of the House Appropriations Bill. Brent Walthall noted the House Appropriations Bill included limited additional funding for WIFIA loans (public-private partnership loans for CA WaterFix), and language for a blanket exemption from lawsuits on the EIR/S on any decision by any agency under state or federal law for CA WaterFix. Moreover, Walthall noted that “two fixes” for the master contract and supplemental fees were missing from the bill. These email communications confirm MWD, KCWA, and SCVWD staff collectively reviewed how the House Appropriations Bill and the Calvert rider could meet their needs for CA WaterFix. (MWDPRA-RTD_000126).

An email exchange on May 16, 2018 between Roger Patterson, Kathy Cole of MWD, and Jennifer Pierre and Stefanie Morris of the State Water Contractors showed that Ms. Cole, Ms. Pierre, and Ms. Morris were worried that they knew nothing about the rider until news reports. Ms. Cole asked what the “collective we” should say about the rider, with Patterson answering “nothing” (MWDPRA-RTD_000048). Yet, a separate email dated May 15, 2018 shows MWD and MWDOC board director, Brett Barbre, sending off a quick email to Ian Foley, Congressional Aid to Representative Ken Calvert, praising him for a “good job on this bill” with a link to an article covering the rider (MWDPRA-RTD_000039). Mr. Foley’s response was, “I try.”

In May 2018, MWD released a statement claiming that they were not behind the effort to create the Calvert Rider, even though MWD believed in judicial reform regarding permitting processes.

Emails indicate that MWD Board Members had questions about the Calvert Rider for MWD senior management (MWDPRA-RTD_000001MWDPRA-RTD_000048) when news of the rider became public. Assistant General Manager Roger Patterson told MWD Director Russell Lefevre that “language was not requested by either Metropolitan or the State Water Contractors” (MWDPRA-RTD_000003), while General Manager Kightlinger wrote to Los Angeles Director Mark Gold:

“Metropolitan did not engage with Congressman Calvert on this proposal and there was no input from us to his office on it. He has been a good friend of Metropolitan’s over the years and has partnered with Senator Feinstein on many water-related issues that we have supported such as CalFed Act and its renewals among others. He is very interested in water in general and has very knowledgeable staff; it is not surprising to me that his staff could and would prepare such a proposal if he were interested.” (MWDPRA-RTD_000048).

Restore the Delta’s Executive Director Barbara Barrigan-Parrilla provided the following statement regarding the email findings:

“Very simply, General Manager Jeffrey Kightlinger and Deputy General Manager Roger Patterson have had MWD & MWDOC Board Member Brett Barbre work directly with Representative Ken Calvert’s office on pursing the elimination of judicial review of California WaterFix, while keeping certain staff members, some MWD Board Members, and State Water Contractors in the dark. They feigned distance from the language knowing that political blowback from members within their own organization, partner organizations, and the public would result from this assault on the rule of law.

“Furthermore, it is clear that the Calvert Rider and the pursuit of WIFIA loans, which would be guaranteed by Federal tax payers and are used to create public-private partnerships, constitute the permitting and funding strategy by the members of the WaterFix JPA because the project is too expensive for their ratepayers and cannot withstand judicial scrutiny of its purported environmental merits.

“While we really didn’t expect less from MWD, KCWA, and SCVWD staff members, as they have not been honest with ratepayers, elected officials, and Californians about the environmental and economic risks of WaterFix, we remain deeply disturbed that Governor Brown allows this assault on the rule of law to continue.  Governor Brown is known as a social justice champion.  He makes speeches about protecting the rule of law and people’s rights.  He is holding a climate change conference in September to cement his legacy as an environmentalist.  Yet, he allows California WaterFix to drag on, without demanding environmental and economic veracity, and allowing sacrifice of due process rights for Delta communities, judicial review, and the rule of law. He is poised to sacrifice his moral principles just so he can build his tunnels.  But by allowing lies to be the foundation upon which his Delta tunnels are built, they won’t only be dry, they will forever symbolize for future generations the hollow ring of his environmental legacy.”

Weed CA and Mt. Shasta water featured in documentary series

Weed, CA water rights, Mount Shasta and the topic of water bottling and water privatization will be the focus of the fourth episode of an upcoming series on food and water, produced by UK’s Fusion/LightBox Productions. Here’s a one minute trailer advertising the 8-part series. While the Weed area water protectors are only on screen for 5 seconds, starting at 0:34, they make their point, and the whole series looks like it will be worth checking out.

Episodes will be posted online shortly after the airtime, and the water program is scheduled for Tuesday, April 17. The first three in the series are available here.

Restore the Delta: State Water Resources Control Board Fails To Conduct Impartial And Fair Hearings Regarding California WaterFix

STOCKTON, CA – Today, the State Water Resources Control Board issued a ruling that restarts California WaterFix hearings despite a change in the project for the proposed Delta tunnels (link to ruling to here). Recent motions to stay the hearing included intense criticism from Delta cities, counties, farmers, and environmental groups (protestants). The protestants had filed motions to stay the hearings as testimony in the tunnels hearings to date had assumed two tunnels constructed and operated simultaneously. Protestants argued that DWR’s recent announcement of a phased-in project, in which one larger tunnel would be built first with a second tunnel added later, would impair their cases. Due process, they argued, would require delay in the hearings to permit protestants a fair chance to prepare revised testimony.

Beginning in August 2015, Governor Brown’s tunnels project, branded as “California WaterFix,” has sought a water rights permit from the State Water Resources Control Board. Until just recently, its developer, the California Department of Water Resources (DWR), has described the project as two tunnels fed by three separate intakes along the Sacramento River that would send water south to Clifton Court Forebay and the Banks Pumping Plant near Tracy.

When water contractors raised significant cost and financing concerns, DWR came to the State Water Board on February 8, 2018, to announce officially that it would build one tunnel with two intakes as the first phase of the tunnels project, but that it was not changing its water rights application for two tunnels and three intakes. DWR also stated it would prepare a “supplemental environmental impact report” on project changes (expected in June 2018).

Making matters worse, California Public Records Act requests in December 2017 by some protestants revealed that Water Board officials held numerous meetings and email contacts discussing with DWR staff modeling and other technical issues associated with the tunnels permit application—an apparent violation of the Board’s own “ex parte” rules. The Board rejected calls from protestants to stop the hearing and resolve the accusation of ex parte violations immediately to restore trust in the process for all concerned on February 6, 2018.

Several Protestants Respond:
Bill Jennings, executive director for California Sportfishing Protection Alliance, said, “The State Water Resources Control Board has discarded due process, abandoned any pretense of being an independent regulatory agency, and revealed its intention to approve this disastrous project regardless of testimony and evidence.”

Tim Stroshane, policy analyst for Restore the Delta, stated, “The State Water Resources Control Board ruling today confirms that the Board is letting the California Department of Water Resources drive the hearing process on the tunnels. Their rationale is flimsy and poorly justified, claiming it is more efficient to have the hearing go forward despite uncertainties about the project that are of DWR’s making. The tail is wagging the dog here.”

Attorney Thomas Keeling (representing San Joaquin County) said, “The California Department of Water Resources petitioned for approval of the twin tunnels project, staggering in its cost and its likely adverse environmental, social, and economic impacts. Now, as the hearing on that petition enters its third year, DWR has substantially changed the project. It has pulled a bait-and-switch on not only the counties, cities, environmental protection groups, and others who oppose the twin tunnels – but on the State Water Board itself. DWR’s brazen disregard for the rules governing the Board’s decision-making is stunning. Yet, now the Board has given DWR another free pass, confirming the fears of those who say the Board operates on two sets of rules: one for DWR, and one for everyone else. California deserves better. Delta communities deserve better. The Delta ecosystem deserves better.

“In addition, the unlawful ex parte communications disclosed in connection with the Board’s hearing on the project not only violate California law – they undermine the integrity and reputation of the Board itself. Through our motion, the Board was given an opportunity to step-up, fulfill its legal and ethical obligations, and restore public confidence in its decision-making. Sadly, for all Californians – not just the Delta — the Board has declined to take that opportunity. As a result, the ex parte communications will irrevocably taint the Board’s decision-making on the project going forward.”

Deirdre Des Jardins, principal with California Water Research added, “DWR is proposing a huge new diversion on the Sacramento River with no limits on the rate of pumping, and no bypass requirements in the permit from the State Water Resources Board. Pumping limits will only be triggered by the presence of endangered Winter or Spring Run Chinook salmon, and will be determined in the future. It is difficult to see how the petition ever got accepted for filing, let alone got this far.”

Bob Wright, Friends of the River senior counsel said, “The State Water Resources Control Board has had two faces. With one face they told the public and protestants, no ex parte (secret and private) communications with us. With the other face, they had numerous ex parte meetings with the Department of Water Resources to secretly help DWR get approval for the diversion change they need for the water tunnels.”

Barbara Barrigan-Parrilla, executive director for Restore the Delta, concluded, “The State Water Board today has shredded the last bit of faith we had that the hearing process would be conducted fairly and equitably—that the Board would hold to a standard of conduct that would be above reproach, regardless of the decision they may make on Governor Brown’s tunnels fiasco. Clearly, they are under the thumb of Governor Brown, and no longer function in an independent manner.”

Breaking: House Democrats seek GAO probe into federal scheme to fund Delta Tunnels

By Dan Bacher, Restore the Delta, October 24, 2017

Six House Democrats today asked the GAO, the federal watchdog agency that conducts investigations and audits on behalf of Congress, to issue a legal opinion about the Bureau of Reclamation’s funding scheme. The penalty for this type of misuse of public money can include removal from office. Here is the news release just in from Congressman Jared Huffman’s office:

Led by Reps. Jared Huffman (D-CA) and Raul Grijalva (D-AZ), the Natural Resources Committee’s Ranking Member, six House Democrats are calling on the Government Accountability Office (GAO) to open a new investigation into the misuse of taxpayer funds by the Interior Department’s Bureau of Reclamation, following last month’s revelations that tens of millions of dollars were secretly spent by the federal agency to subsidize private interests and help develop plans for a massive new California water project.

In its September audit, the Interior Department’s Inspector General found that the Bureau of Reclamation improperly subsidized the planning process for the California WaterFix project, also known as the “Delta Tunnels.” The audit identified at least $84 million in taypayer funds spent without disclosure to Congress as required by law, and kept hidden from other water users, stakeholders, and the public.

According to the Inspector General, at least $50 million of this total should have been paid by the local water agencies that sought to benefit from the massive infrastructure project, such as the powerful Westlands Water District. Instead, those costs were secretly reassigned by the Bureau of Reclamation so that taxpayers would pay most of the water districts’ share.

With today’s letter, the lawmakers are asking the GAO, the federal watchdog agency that conducts investigations and audits on behalf of Congress, to issue a legal opinion about the Bureau of Reclamation’s funding scheme. The penalty for this type of misuse of public money can include removal from office.

The Inspector General’s audit found that the controversial funding plan was first launched in 2008, during the period when David Bernhardt was the department’s top lawyer. Upon leaving the department, Bernhardt became one of the top lobbyists for the Westlands Water District, the major beneficiary of this funding plan. He has now returned to the Interior Department as Deputy Secretary. In responses to the Inspector General, Interior Department staff have indicated that there are no plans to recoup these millions of dollars in taxpayer funds that were spent without authorization or rationale.

In addition to Rep. Huffman and Rep. Grijalva, the letter was also signed by Mike Thompson (D-CA), Jerry McNerney (D-CA), Mark DeSaulnier (D-CA), and Anna G. Eshoo (D-CA).

The full text of the letter can be found at the bottom of the Daily Kos’ article here.

Restore the Delta’s Response to Westlands Water District’s Vote on California WaterFix

FRESNO, Calif.— Restore the Delta issued an official statement on Westlands Water District’s vote on the California WaterFix.

Executive Director of Restore the Delta, Barbara Barrigan-Parrilla said:

“Today is a very good day for California. By rejecting California WaterFix, the Westlands Water District has dealt a blow to the project. There are many better solutions for creating a sustainable water supply in California. Metropolitan Water District’s math is based on a sizable contribution from Westlands, so is Santa Clara Valley Water District’s. They now have to come up with a lot more money for the Delta Tunnels. It won’t pencil out for them either.”

In other water news… The Los Angeles City Council environmental committee decided on a “no vote” for the Delta Tunnels project until the project is fully financed and Metropolitan Water District meets all their considerations. Yesterday, over 40 ratepayers caught media attention in their “No Tunnels, No Water Rate Hike” rally in front of Los Angeles City Hall, watch the coverage in the LA Daily News and NBC Los Angeles, also in Spanish speaking media Telemundo.

Also, Santa Clara Valley Water District voted to pass a “no regrets package” planning $100 million for 9 different projects like stormwater capture, leak repair and gray water (these are all better solutions to the Delta Tunnels). Make sure you show up for their public meeting on September 26th to tell them to vote no on the Delta Tunnels.


Restore the Delta finds gaping holes in MWD White Paper #3

Restore the Delta issued a formal response to the Metropolitan Water District of Southern California’s third and final white paper on the Delta Tunnels. The response illuminates the gaping holes in MWD’s financial analysis on various CA WaterFix costs.

Executive Director of Restore the Delta, Barbara Barrigan-Parrilla said:
“MWD’s failure to analyze water costs in dry and drought years and water use by consumers so as to determine the real cost per household for WaterFix make this analysis invalid. MWD staff clearly wants to build this project so that water can be sold for maximum profit.”

Policy Analyst for Restore the Delta, Tim Stroshane said:
“With its latest financing paper, MWD pedals a wish and a prayer to its board that a $17 billion Tunnels project will only cost its 6.2 million residential customers $2 to $3 per month. MWD’s rosy picture omits the cost of their customers’ Tunnels water use. This is analytical malpractice of the highest order.”

Policy Advocate for the Sierra Club (CA) Kyle Jones said: 
“Metropolitan Water District continues to paint the Tunnels in the best light, using the lowest cost estimates possible. This proposed fantasy ignores costs of mitigation for their environmental harm, and assumes that all contractors are willing to pay for this $68 billion boondoggle. Metropolitan also cherry picks alternative options for the Tunnels that look at only the most expensive options. Any true alternatives analysis, including conservation, efficiency, and groundwater cleanup, would show that there’s a better path forward for Metropolitan customers to develop a climate-resilient water system that isn’t conditioned on destroying the San Francisco Bay Delta.”

University of the Pacific Economist Dr. Jeff Michael and NRDC Senior Attorney Doug Obegi expressed similar sentiments in their respective analyses on MWD white paper #3. We thank them for their ongoing commitment to discovering the true costs and financial irresponsibility of the CA WaterFix project.

To read Obegi’s blog, click here.

To read Michael’s blog, click here.

To read Restore the Delta’s response, click here.