DECEMBER 28, 1999
ITEM: 2
CONSIDERATION OF A PROPOSED DECISION WHICH: (1) IMPLEMENTS THE WATER QUALITY OBJECTIVES FOR THE SAN FRANCISCO BAY/SACRAMENTO-SAN JOAQUIN DELTA ESTUARY, (2) APPROVES A PETITION TO CHANGE POINTS OF DIVERSION OF THE CENTRAL VALLEY PROJECT AND THE STATE WATER PROJECT IN THE SOUTHERN DELTA, AND (3) APPROVES A PETITION TO CHANGE PLACES OF USE AND PURPOSES OF USE OF THE CENTRAL VALLEY PROJECT.
DISCUSSION: In 1995, the State Water Resources Control Board (SWRCB) adopted a Water Quality Control Plan (Plan) for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary. The Plan identifies municipal and industrial, agricultural, and fish and wildlife beneficial uses for waters of the estuary, and specifies objectives to protect these uses. The objectives consist of numeric objectives for flow; numeric objectives for water quality constituents (salinity and dissolved oxygen); numeric operational constraints for the State Water Project (SWP) and the Central Valley Project (CVP); a narrative objective for the protection of salmon; and a narrative objective for the protection of brackish tidal marshes in Suisun Marsh.
This proposed decision is part of the SWRCB's implementation of the Plan. Many of the objectives in the Plan are best implemented by making changes in the flow of water or in the operation of facilities that move water. Accordingly, this proposed decision amends certain water rights by assigning responsibilities to the persons or entities holding those rights to help meet the objectives, as described below:
1. This proposed decision accepts the contributions that certain parties, through their agreements, will make to meet the flow objectives in the Plan, and continues the interim responsibility of the Department of Water Resources (DWR) and the United States Bureau of Reclamation (USBR) for the remaining measures to meet the flow objectives. This proposed decision also expands upon the responsibility of the DWR and the USBR, by including some objectives that were not included in two previous limited term orders. The DWR and the USBR have been meeting almost all of the objectives as part of their compliance with the state and federal Endangered Species Acts.
2. This proposed decision approves, subject to terms and conditions, the joint petition of the DWR and the USBR to change points of diversion of the CVP and the SWP in the southern Delta.
3. This proposed decision approves, subject to terms and conditions, the petition of the USBR to change places of use and purposes of use of the CVP.
4. This proposed decision approves the San Joaquin River Agreement (SJRA) for a period of eleven years. The SJRA facilitates the implementation of the Vernalis Adaptive Management Plan, which should provide information on the relative effects of exports and San Joaquin River flows on the survival of San Joaquin fall-run chinook salmon. This proposed decision approves, subject to terms and conditions, the petitioned water right changes needed to implement the SJRA.
5. This proposed decision recognizes the 1996 Memorandum of Understanding between East Bay Municipal Utility District (EBMUD) and the California Urban Water Agencies/Agricultural Exporters with Respect to Bay-Delta Obligations from the lower Mokelumne River (1996 MOU). This proposed decision approves the schedule of flows attached to the 1996 MOU as the limit of the responsibility of EBMUD, Woodbridge Irrigation District, and North San Joaquin Water Conservation District to meet the objectives in the 1995 Bay-Delta Plan.
6. This proposed decision addresses the circumstances surrounding the proposed Suisun Marsh Preservation Agreement, Amendment Three, by relieving the DWR and the USBR of responsibility to meet the objectives at two locations in the western Suisun Marsh and by allowing variability in meeting the objectives.
7. This proposed decision recognizes the contract between DWR and the North Delta Water Agency (NDWA) for the assurance of a dependable water supply of suitable quality, dated January 28, 1981, and the Memorandum of Understanding between the same parties dated May 26, 1998. This proposed decision approves the proposal that DWR shall be responsible for providing any flows needed to meet any obligation of the NDWA to meet the objectives in the 1995 Bay-Delta Plan, so long as the 1981 and 1998 agreements remain in effect.
8. This proposed decision recognizes the stipulation among the DWR, the State Water Contractors (SWC), and Yolo County Flood Control and Water Conservation District (Yolo), effective June 9, 1998. This proposed decision approves the proposal that no requirement shall be placed upon Yolo to implement the objectives in the 1995 Bay-Delta Plan under its Cache Creek water rights, so long as the exercise of Yolo's Cache Creek water rights is in accordance with its existing water right permits.
9. This proposed decision recognizes the stipulation among the DWR, the SWC, and Solano County Water Agency (Solano), effective August 18, 1998. This proposed decision provides that no requirement is placed upon Solano to implement the objectives in the 1995 Bay-Delta Plan under any water rights it uses to obtain water from Putah Creek for the Solano Project, so long as the exercise of the Putah Creek water rights is in accordance with existing water rights.
POLICY ISSUES: Should the SWRCB adopt the proposed decision implementing the water quality objectives in the 1995 Bay-Delta Plan and conditionally approving the petitions for consolidated place of use and joint points of diversion?
FISCAL IMPACT: None. This proposed decision is budgeted within existing resources.
STAFF RECOMMENDATION: Staff recommends that the SWRCB adopt the proposed decision.
Policy Review HMS
Legal Review BJL
Fiscal Review N/A
STATE WATER RESOURCES CONTROL BOARD MEETING
SACRAMENTO, CALIFORNIA
December 2, 1999