DECEMBER 28, 1999

ITEM: 1

CONSIDERATION OF ADOPTION OF A RESOLUTION CERTIFYING: (1) THE FINAL ENVIRONMENTAL IMPACT REPORT FOR IMPLEMENTATION OF THE WATER QUALITY CONTROL PLAN FOR THE SAN FRANCISCO BAY/SACRAMENTO-SAN JOAQUIN DELTA ESTUARY (SCH # 97-122056), AND (2) THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CONSOLIDATED AND CONFORMED PLACE OF USE (SCH # 97-122042).

DISCUSSION:

Final EIR for Implementation of the 1995 Bay-Delta Plan

On May 22, 1995, the State Water Resources Control Board (SWRCB) adopted the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (1995 Bay-Delta Plan or Plan), which establishes objectives for the protection of municipal, agricultural, and fish and wildlife beneficial uses in the Bay-Delta Estuary.

In accordance with the California Environmental Quality Act (CEQA), the SWRCB circulated for public comment a Notice of Preparation for an Environmental Impact Report (EIR), held multiple days of public workshop to gather input and on December 15, 1997, released the Draft Bay-Delta EIR. The purpose of the Bay-Delta EIR is to disclose and analyze the significant environmental effects of alternative methods for implementing the water quality objectives in the Plan and to identify, where appropriate, ways to avoid, reduce, or compensate for environmental damage.  The Bay-Delta EIR also addresses petitions of the Department of Water Resources and the U.S. Bureau of Reclamation for joint use of points of diversion in the southern Delta.

On November 15, 1999, the Final Bay-Delta EIR was transmitted to interested parties. The Final Bay-Delta EIR consists of three volumes: the Final EIR (Volume I), Technical Appendices (Volume II) and Response to Comments on the Draft EIR (Volume III).  In response to comments on the Draft EIR, the SWRCB revised some of its analyses, added new analyses and provided additional information on some of the previous analyses.  No new significant impacts were identified in the Final EIR as a result of these analyses or any other changes to the Draft EIR.

Final EIR for the Consolidated and Conformed Place of Use (CPOU EIR)

On July 29, 1986, the SWRCB gave notice of a petition to change 16 water right permits of the USBR.  The petition sought to: (1) conform the purposes of use in the permits, (2) consolidate the authorized place of use in the permits so that water from each of the Central Valley Project (CVP) facilities may be delivered consistent with current integrated operations, and (3) increase the authorized place of use depicted in the individual permits by including encroachment lands and expansion lands¹.

On December 1, 1986, the SWRCB distributed a Notice of Preparation for an Environmental Impact Report on the petition and on December 11, 1997, distributed a Draft EIR.

Based on comments and evidence received in the Bay-Delta Water Rights Hearing, the Place of Use maps contained in the Draft CPOU EIR were substantially revised. The Final CPOU EIR, released to the public on November 15, 1999, does not identify any new significant impacts.  Overall, the revised maps result in reduced environmental impacts compared to those identified in the Draft CPOU EIR.

POLICY ISSUES:  Should the SWRCB adopt the proposed resolution, which certifies that both EIRs comply with CEQA?

FISCAL IMPACT: None. This proposed decision is budgeted within existing resources.

STAFF  RECOMMENDATION: Staff recommends that the SWRCB adopt the proposed resolution.

Policy Review    HMS 

Legal Review     BJL 

Fiscal Review    N/A 

________________________

STATE WATER RESOURCES CONTROL BOARD MEETING

SACRAMENTO, CALIFORNIA

December 2, 1999

¹ Encroachment lands are lands within the CVP contractor service areas that have already received CVP water but are located outside the authorized CVP Place of Use.  Expansion lands are lands within the CVP contractor service area that have never received CVP water but are entitled to service pursuant to existing water service contracts with the USBR.