Ann Hayden is a Senior Water Resource Analyst at EDF.
As our recent blog highlights , there are many reasons to be pleased about the recent passage of the water policy reform package[1]. As a member of the Bay-Delta Conservation Plan Steering Committee, I think it’s also worth enumerating how the legislation provides significant environmental safeguards for this process. After all, the BDCP is where new conveyance around the Delta, (otherwise known as the peripheral canal) is being analyzed as part of a habitat conservation plan with the aim of ensuring both water supply reliability and ecosystem recovery.
What does the legislation mean for the BDCP?
It doesn't authorize a canal.
Many are concerned that the legislation authorizes a peripheral canal. This is simply not true. In fact, the legislation includes an important new layer of oversight of the BDCP—the Delta Stewardship Council. Before it can be implemented, the BDCP will need to demonstrate to the Council that it meets both the water supply reliability and ecosystem recovery goals it set out to achieve, and will have to consider Council recommendations on both the design and implementation of the Plan (Sec 85320 (g)). In addition, the BDCP will have to show that it is consistent with the overall Delta plan and other existing environmental mandates. The legislation also requires the Department of Fish and Game to report regularly to the Council on results from monitoring and adaptive management to make sure BDCP implementation is moving in a positive direction (Sec 85320 (f)).
It outlines a process to resolve the instream flow debate.
Another key provision related to the BDCP is the requirement for the State Water Resources Control Board to conduct a public trust needs assessment to determine instream flows for the Bay-Delta (Sec 85085 (c) 1) within nine months of the effective date of the bill. The BDCP has grappled with this tough question for a few years and still has yet to provide an adequate answer. These newly developed flow criteria will be informed by biological objectives developed by state and federal fish agencies and will specify the volume, quality and timing of water necessary for a healthy Delta ecosystem under different conditions. Existing bond moneys will be allocated to strengthen the Board’s ability to make these flow determinations in a timely manner so that they can be incorporated into the development of the BDCP.
It establishes the highest environmental standards for the BDCP.
The legislation requires that the BDCP meet the high recovery standards of the Natural Communities Conservation Planning Act. If the plan doesn’t meet the NCCP standard, no public funding will be allocated to its implementation (Sec 85320 (e)).
It improves the decision-making ability of the fishery agencies related to water operations
Historically, there has not been an understandable and transparent process that allows the fishery agencies to make necessary decisions to provide flows for fish without, at times, being overruled by the Department of Water Resources (DWR) and the Bureau of Reclamation (BOR). The legislation improves this by requiring that the BDCP include transparent real-time decision-making of water operations that allows the fishery agencies to take protective actions in the Delta so that biological performance objectives are achieved (Sec 85321). More simply put, if it is determined that salmon need more water at a specific time within the prescribed range of flows, the fish agencies, after consultation with DWR and BOR, get to make the ultimate call on the action. I think his is a clear improvement on the way some decisions have been made in the past.
For all these reasons, it’s clear to me that the legislation sets out specific guidelines that hardly make the BDCP or the approval of a canal a slam dunk. Indeed, the BDCP must complete many critical steps in order for the plan to be approved. I, for one, think this is a huge step forward and provides necessary direction and oversight that is critically needed.
[1] All statutes cited in this document reference sections as created or amended by the November, 2009 legislation.
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4 Comments
Ann,
There's something I'm missing: How can the Peripheral Canal not be a slam dunk when one of the "Primary Components" of BDCP is “Constructing and operating new points of diversion in the northern Delta reach of the Sacramento River with isolated conveyance around the Delta to existing south Delta State Water Project and Central Valley Project facilities”? That's from the BDCP web site.
Sounds like a slam dunk to me.
How about helping me understand this anomaly.
Nick Di Croce
I am SO disappointed in this organization…it became painfully apparent earlier this year that EDF had NO IDEA about the reality of the Delta, had incorrect information, did NOT talk to the citizens OF the Delta, nor supported same having any voice. For years I thought this organization had the experience to understand the simplest concepts such as…too much water has been taken, more water than the Delta even CONTAINS has been promised to Kern County and SoCal, therefore the Delta HAS crashed…so logic would tell someone with an ounce of intelligence that the TAKING OF MORE WATER YET, will not save the Delta but will decimate it forever…that the BDCP plans of KILLING fish, is NOT a conservation measure at all….and on and on…you have been duped by the lobbyists who promised you money for your organization..that is the only logic I can see behind your supporting this absolutely INSANE idea that BDCP will SAVE the Delta….
I agree fully with santolina. The local Delta Community has been left out of the equation for a reason. The new measures may not support the "slam dunk" of a peripheral canal, but the play has been called and all the pieces are in motion. It seems like the metrics are set up to support a step-by-step process to say "See, we did the research and all systems are go!" However, Senator Steinberg is controlling the debate and only asking questions that will prove to support the canal agenda,also cleverly disguised as the new conveyance system to protect the Bay-Delta ecosystem.
It's hard to believe Lois Wolk was removed by Steinberg from the Delta Conservancy because she wouldn't play ball and support his bill. Lois Wolk is a true advocate for the Delta and the people that rely on it for it's many uses. We need better conservation from urban households, better irrigation techniques from farmers, better controls on waste from factories and treatment plants,especially the inland port in Stockton.Most of all, as a people we need to start respecting the gift of clean water and treat it like the commodity it truly is.
As a participant in the BDCP, I’d like to clarify a few things based on these comments. First, while the peripheral canal is being analyzed as part of the BDCP, the plan will not be approved unless it meets the high recovery standard of the Natural Communities Conservation Plan Act, which exceeds any other existing standard. Moreover, the Department of Fish and Game will not approve Endangered Species Act permits for the project unless the plan ensures the recovery of species within the Delta ecosystem. Participants within the BDCP as well as those who attend its public meetings understand that the bar for approving the BDCP is very high.
Second, while EDF is participating in the BDCP in good faith and is keeping an open mind about the conservation strategy, our support for the plan is contingent on a number of key factors, such as: 1. Meeting the high recovery standard of the NCCP; 2. Achieving significant improvements in the volume and timing of freshwater flows into and out of the Delta (the BDCP has never promised more water to exporters and we agree that conservation should be front and center to any solution); 3. Basing the conservation strategy on measurable biological outcomes for both aquatic and terrestrial species so that how to track progress; 4. Making sure any future changes in water operations are linked to meeting quantified biological targets (e.g., species population targets); 5. Financing the plan based on the beneficiary pays principle.
Finally, it is important to note that EDF’s participation in the BDCP is based on the need to protect and restore the Delta and Central Valley Rivers that feed it, while finding real water supply solutions for California’s 38 million people and world-class agricultural economy. We have always taken and continue to take pride in the finding solutions that are based on the best available science and sound economics. Our positions are based solely on the collective best judgment of our experienced staff.
We encourage interested parties to attend regularly scheduled BDCP Steering Committee meetings and other publicly held meetings on the development of the plan to make sure all voices are heard and concerns are addressed (http://baydeltaconservationplan.com/bdcppages/Calendar.aspx. EDF is particularly interested in working with Delta communities to make sure that their issues are recognized and addressed in the BDCP.
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