Supplement to Revised Notice of Public Hearing Regarding Receipt in Evidence of Final Environmental Documentation

SUBJECT OF HEARING

The State Water Resources Control Board (SWRCB) will convene the Bay-Delta Water Rights Hearing for the purpose of receiving evidence on whether to accept in evidence the Final Environmental Impact Report (EIR) for Implementation of the 1995 Bay-Delta Water Quality Control Plan (1995 Bay-Delta Plan) and the Final EIR for the Consolidated and Conformed Place of Use (CPOU). The SWRCB released Volume 1 of the draft Bay-Delta EIR in November 1997, Volumes II and III on December 15, 1997, and Volume IV on May 26, 1998. The SWRCB released the CPOU draft EIR on December 11, 1997. Further information regarding the draft EIRs is contained in the Revised Notice of Public Hearing for the Bay-Delta Hearing dated May 6, 1998, which this notice supplements. Click here to view Final EIRs

The four volumes of the Bay-Delta draft EIR were accepted in evidence for the Bay-Delta Hearing on July 1, 1998 as SWRCB Exhibits 1, a-d, respectively. The CPOU draft EIR was accepted in evidence at the Bay-Delta Water Rights Hearing on July 1, 1998, as SWRCB Exhibit 2. The SWRCB received comments on the draft EIRs and released final EIRs for both projects on November 15, 1999. By letter dated November 15, 1999, the SWRCB informed the parties to the Bay-Delta Water Rights Hearing that it intended to accept the Bay-Delta Final EIR in evidence as SWRCB Exhibit 1e and accept the CPOU Final EIR in evidence as SWRCB Exhibit 2a, unless objections requiring a hearing were filed with the SWRCB by November 30, 1999. The SWRCB received objections to accepting the Final EIRs in evidence.

HEARING ISSUE

Should the SWRCB accept in evidence the Final Bay-Delta EIR and the Final CPOU EIR? Parties will be allowed to address whether the Final EIRs should be accepted in evidence at the hearing. The adequacy of the Final EIRs under the California Environmental Quality Act is not an issue at this hearing. The SWRCB will consider whether to certify the Final EIRs at a SWRCB meeting to be held on December 28, 1999.

The SWRCB will present Thomas Howard, Assistant Division Chief of the Division of Water Rights to testify regarding the Bay-Delta Final EIR. Richard Hunn of CH2M Hill will testify regarding the CPOU Final EIR. Messrs. Howard and Hunn will then be available for cross-examination by the parties. Cross-examination will be limited to new information in the Final EIRs. The Bay-Delta Final EIR contains analyses that were not present in the draft EIR. The new or revised analyses concern the following topics:

Spring Run Chinook Salmon. Salmon smolt survival models were run to determine potential impacts to spring run chinook. Chapters VI, XII and XIII are revised accordingly.

Steelhead. There are new sections addressing steelhead in Chapters VI, XII and XIII. The discussion is qualitative, as there are currently no steelhead models.

Striped Bass. The “adult” portion of the model has been discarded and the Final EIR focuses only on “Young of Year” using new multiple regression formulae obtained from DFG. A revised discussion of striped bass is included in Chapters VI, XII and XIII.

Aquatic Habitat–Rivers. The Draft EIR used an analysis in which stream flows under the flow alternatives were compared to flows recommended during the Anadromous Fisheries Restoration Program process. This analysis is replaced by a completely new “Range of Variability” analysis. This methodology is used to revise the discussion of aquatic resources in Chapters VI, XII, and XIII.

Delta Salinity. Salinity analyses using DWRDSM are expanded. The modeled period in Chapter VI is increased from six to 16 years, and three additional stations are added to the analyses in Chapters VI and XIII. The models and modeling study results that form the basis of the analysis in the Final EIR were previously accepted in evidence as SWRCB Exhibits 76 a-r.

Water Temperature. A new section is added on temperature effects in the tributary rivers. Temperature modeling was performed by the USBR and is described in Chapter IV. Modeling results are included in Appendix 5. The models and modeling study results that form the basis of the analysis in the Final EIR were previously accepted in evidence as SWRCB Exhibits 194, 195, 196, and 197.

Water Levels. An analysis of the impact on water levels of the Joint Point of Diversion alternatives has been added to Chapter XIII. The models and modeling study results that form the basis of the analysis in the Final EIR were previously accepted in evidence as SWRCB Exhibits 76 a-r.

Suisun Marsh Alternatives. The description of Suisun Marsh Alternative 5 is revised to be consistent with the current version of the Suisun Marsh Preservation Agreement (SMPA) III. This SMPA III alternative no longer includes Green Valley Creek augmentation or the redirection of Morrow Island discharge. DWRDSM modeling for Suisun Marsh is revised to reflect the changes. The models and modeling study results that form the basis of the analysis in the Final EIR were previously accepted in evidence as SWRCB Exhibits 77, and 78 a-j.

Dissolved Oxygen. An analysis of the sensitivity of dissolved oxygen concentrations to a variety of environmental parameters is added to Chapter X. The models and modeling study results that form the basis of the analysis in the Final EIR were previously accepted in evidence as SWRCB Exhibit 185.

Economics. The economic analysis in Chapter XII now includes a discussion of the economic effects of the San Joaquin River Agreement and a revised economic analysis of Flow Alternative 5.

No new significant impacts were identified in the Bay-Delta Final EIR as a result of these analyses or any other changes to the Draft EIR. The CPOU Final EIR contains revised maps, but does not identify any new significant impacts. The maps were previously accepted in evidence as SWRCB Exhibit 183.

Parties may present evidence including testimony, cross-examine witnesses, and present rebuttal, consistent with the Revised Notice of Public Hearing dated May 6, 1998. No presubmittal of evidence is required for the issue addressed in this notice; however, parties presenting written evidence will be required to provide 20 copies to the SWRCB and to provide a copy to each party on the attached service list.

Questions concerning this notice may be addressed to Nick Wilcox, Chief, Bay-Delta Unit, at (916) 657-0446, FAX (916) 657-1485, or to Barbara Leidigh, Senior Staff Counsel, at (916) 657-2102.

PARKING AND ACCESSIBILITY

The enclosed map shows the location of the Paul R. Bonderson Building in Sacramento. Public parking is available in the State Garage on 10^th Street between O and P Streets and in the public parking garages on L Street between 10^th and 11^th Streets and on P Street between 11^th and 12^th Streets. The First Floor Hearing Room is accessible to persons with disabilities.

Maureen Marché

State Water Resources Control Board

Winston H. Hickox

Secretary for Environmental Protection