Current Water News for our Bay-Delta Estuary
June 23, 2015
Drought Actions affecting the San Francisco Bay-Delta Estuary
“Relaxed” Water Quality Regulations
The measly snowpack this year is already gone, meaning that spring runoff has finished too—what is in our reservoirs is what we have until the rains return. We rely on that water not only for drinking water, but also as a controlled release to manage the freshwater hydraulic salinity barrier—pushing back the influx of saltwater from San Francisco Bay to maintain water quality for those who get their water from the Delta. We also use reservoir releases, particularly in the fall, to control instream water temperatures for the protection of endangered fish species. Regulations that govern freshwater releases for the hydraulic barrier and instream temperatures have been “relaxed,” which allows for a greater degree of salinity in the Delta, in order to: 1) provide some water to Central Valley farmers, Southern California and South Bay residents, and others; and 2) preserve some water in the reservoirs to control instream temperatures later in the summer for endangered coldwater fish species (see below). However, the higher salinity impacts drinking water quality for those who draw their water from the Delta, such as the Central Valley Project and State Water Project contractors (Delta pumps). These impacts have required secondary measures like the installation of the emergency drought barrier (see below).
Emergency Drought Barrier
Since salinity in the Delta is high and could compromise water quality at the pumps, the Department of Water Resources has installed an emergency drought barrier in the Delta to prevent too much saltwater from the San Francisco Bay from reaching the Delta pumps. This emergency drought barrier will be removed no later than mid-November. The barrier will benefit users of the Delta pumps and farmers located upstream of the barrier, who will be protected from the higher salinity. But salinity will increase for farmers located downstream of the barrier, and some migrating fish species could have trouble making their way past the barrier, although efforts are being made to prevent this.
Emergency Drought Barrier Nears Completion
Sacramento River Temperature Management Plan
For several fish species, much of the damage was done earlier in the year during the critical spring period when regulations were first relaxed. Many of these species, already on the decline, have suffered even greater losses under the added strain of the drought and drought management actions taken by regulatory agencies. As summer temperatures start to climb, and the water in the streams gets warmer, the young of some endangered salmon runs could be killed off completely, as happened last year, without enough cold water released from the reservoirs to protect them. See more below.
Voluntary 25% Reduction
Delta farmers with riparian water rights have volunteered to take a 25% reduction in their water supply now in order to prevent surprise cuts later in the year. Riparian water rights are among the most senior, dating back to the founding of the state in 1850. Senior water rights holders are usually immune to curtailments in their water supply; however, under current exceptional conditions even these water rights holders may face cuts (see below).
State Water Board Approves Cutback Program for Delta Riparian Water Rights
Senior Water Rights Curtailments
The State Water Resources Control Board has issued curtailment notices to 114 senior water rights holders who take water from the Sacramento and San Joaquin rivers and the Delta. The curtailments apply to folks whose water rights date back as far as 1903. This is the first time since the 1976-1977 drought that senior water rights holders’ supply has been curtailed, and according to the Executive Director of the State Water Board, more are expected throughout the summer.
Calif. issues shutoff orders to 114 senior water right holders - Capital Press
Senior Water Rights Curtailed in Sacramento San Joaquin Rivers and Delta
Drought Actions affecting the San Francisco Bay-Delta Estuary
“Relaxed” Water Quality Regulations
The measly snowpack this year is already gone, meaning that spring runoff has finished too—what is in our reservoirs is what we have until the rains return. We rely on that water not only for drinking water, but also as a controlled release to manage the freshwater hydraulic salinity barrier—pushing back the influx of saltwater from San Francisco Bay to maintain water quality for those who get their water from the Delta. We also use reservoir releases, particularly in the fall, to control instream water temperatures for the protection of endangered fish species. Regulations that govern freshwater releases for the hydraulic barrier and instream temperatures have been “relaxed,” which allows for a greater degree of salinity in the Delta, in order to: 1) provide some water to Central Valley farmers, Southern California and South Bay residents, and others; and 2) preserve some water in the reservoirs to control instream temperatures later in the summer for endangered coldwater fish species (see below). However, the higher salinity impacts drinking water quality for those who draw their water from the Delta, such as the Central Valley Project and State Water Project contractors (Delta pumps). These impacts have required secondary measures like the installation of the emergency drought barrier (see below).
Emergency Drought Barrier
Since salinity in the Delta is high and could compromise water quality at the pumps, the Department of Water Resources has installed an emergency drought barrier in the Delta to prevent too much saltwater from the San Francisco Bay from reaching the Delta pumps. This emergency drought barrier will be removed no later than mid-November. The barrier will benefit users of the Delta pumps and farmers located upstream of the barrier, who will be protected from the higher salinity. But salinity will increase for farmers located downstream of the barrier, and some migrating fish species could have trouble making their way past the barrier, although efforts are being made to prevent this.
Emergency Drought Barrier Nears Completion
Sacramento River Temperature Management Plan
For several fish species, much of the damage was done earlier in the year during the critical spring period when regulations were first relaxed. Many of these species, already on the decline, have suffered even greater losses under the added strain of the drought and drought management actions taken by regulatory agencies. As summer temperatures start to climb, and the water in the streams gets warmer, the young of some endangered salmon runs could be killed off completely, as happened last year, without enough cold water released from the reservoirs to protect them. See more below.
Voluntary 25% Reduction
Delta farmers with riparian water rights have volunteered to take a 25% reduction in their water supply now in order to prevent surprise cuts later in the year. Riparian water rights are among the most senior, dating back to the founding of the state in 1850. Senior water rights holders are usually immune to curtailments in their water supply; however, under current exceptional conditions even these water rights holders may face cuts (see below).
State Water Board Approves Cutback Program for Delta Riparian Water Rights
Senior Water Rights Curtailments
The State Water Resources Control Board has issued curtailment notices to 114 senior water rights holders who take water from the Sacramento and San Joaquin rivers and the Delta. The curtailments apply to folks whose water rights date back as far as 1903. This is the first time since the 1976-1977 drought that senior water rights holders’ supply has been curtailed, and according to the Executive Director of the State Water Board, more are expected throughout the summer.
Calif. issues shutoff orders to 114 senior water right holders - Capital Press
Senior Water Rights Curtailed in Sacramento San Joaquin Rivers and Delta
State Water Legislation
Late-emerging legislation designed to deal with the drought was part of the budget package California lawmakers passed on Friday. The legislation includes the following:
AB 1242 Water quality: impacts on groundwater: instream flows (Gray) is under review in the Senate Natural Resources and Water Committee today. Introduced earlier this year, the bill amends the California Water Code to limit the authority of the State Water Resources Control Board to balance the use of water in the State for all beneficial uses. It also requires the State Water Board to identify projects for fish recovery that may be undertaken in lieu of instream flows before adopting or approving water quality objectives. A number of NGOs have recently submitted a letter to Committee Chair Senator Fran Pavley and committee members, urging the committee to vote no on the bill.
Review AB 1242 here.
Late-emerging legislation designed to deal with the drought was part of the budget package California lawmakers passed on Friday. The legislation includes the following:
- Drought Water System Consolidation. Authorizes the State Water Resources Control Board to require water systems serving disadvantaged communities with unsafe or unreliable water supplies to merge with or receive water from other public water systems.
- California Environmental Quality Act (CEQA) Exemptions. Provides exemptions from CEQA for certain types of projects, subject to certain conditions. Project types that could be exempted are recycled water pipelines, development of state building codes for dual plumbing, and local groundwater protection ordinances.
- Local Enforcement. Allows local water agencies to issue penalties for violations of local and state water conservation regulations with penalties up to $10,000 for first violation (increasing for continuing violations). Penalties for residential water users is generally limited to $1,000.
- Monitoring and Reporting. Generally requires water diversions of greater than ten acre-feet per year to have a measuring device to accurately identify amount diverted, and increases the frequency of water diversion reporting to be at least annually.
- Accountability. Implements additional reporting requirements on Proposition 1 project outcomes, costs, and timeframes.
AB 1242 Water quality: impacts on groundwater: instream flows (Gray) is under review in the Senate Natural Resources and Water Committee today. Introduced earlier this year, the bill amends the California Water Code to limit the authority of the State Water Resources Control Board to balance the use of water in the State for all beneficial uses. It also requires the State Water Board to identify projects for fish recovery that may be undertaken in lieu of instream flows before adopting or approving water quality objectives. A number of NGOs have recently submitted a letter to Committee Chair Senator Fran Pavley and committee members, urging the committee to vote no on the bill.
Review AB 1242 here.
Federal Drought Legislation: Do No Harm
Congressman Jared Huffman (D-San Rafael), along with other House Democrats, has announced draft legislation to provide drought assistance and improve water supply reliability in California and other states. In an unusual but pointed move, Congressman Huffman is soliciting public input through his website, where the draft legislation has been posted. According to the Congressman, the bill reflects the following principles: 1) Do no harm; 2) No water wars; 3) Think long-term; and 4) Process matters.
For more information: House Democrats float new California water bill - Redding
House Republicans are also expected to propose drought legislation in the coming days or weeks. Last winter, Senator Dianne Feinstein proposed legislation in conjunction with the House Republicans but withdrew it under political pressure from Senator Barbara Boxer and others. However, Feinstein is widely expected to introduce another bill in the near future.
So, what is different this time around? With drought worsening across the West, federal legislators may put together a Western states drought relief bill that could negatively impact California’s ability to manage its water both during the drought and indefinitely. If crafted properly, however, federal drought legislation could provide real benefits, such as:
· Financial assistance to rural communities and others attempting to become more drought resilient, including the relaxation of federal regulations that restrict funding and increased flexibility of federal cost-share programs;
· Facilitating the water market, while constraining groundwater substitution in impaired groundwater basins;
· Development of drought management plans for ecosystems that are designed to maintain environmental protections, while advancing additional actions that can make ecosystems more resilient during droughts;
· Augmenting habitat restoration funds to build better drought resilience.
Senators Barbara Boxer, Dianne Feinstein, and the House delegation needs to hear from the public on what should and should not be in federal drought legislation.
California’s congressional delegation can’t agree on response to drought - LA Times
Congressman Jared Huffman (D-San Rafael), along with other House Democrats, has announced draft legislation to provide drought assistance and improve water supply reliability in California and other states. In an unusual but pointed move, Congressman Huffman is soliciting public input through his website, where the draft legislation has been posted. According to the Congressman, the bill reflects the following principles: 1) Do no harm; 2) No water wars; 3) Think long-term; and 4) Process matters.
For more information: House Democrats float new California water bill - Redding
House Republicans are also expected to propose drought legislation in the coming days or weeks. Last winter, Senator Dianne Feinstein proposed legislation in conjunction with the House Republicans but withdrew it under political pressure from Senator Barbara Boxer and others. However, Feinstein is widely expected to introduce another bill in the near future.
So, what is different this time around? With drought worsening across the West, federal legislators may put together a Western states drought relief bill that could negatively impact California’s ability to manage its water both during the drought and indefinitely. If crafted properly, however, federal drought legislation could provide real benefits, such as:
· Financial assistance to rural communities and others attempting to become more drought resilient, including the relaxation of federal regulations that restrict funding and increased flexibility of federal cost-share programs;
· Facilitating the water market, while constraining groundwater substitution in impaired groundwater basins;
· Development of drought management plans for ecosystems that are designed to maintain environmental protections, while advancing additional actions that can make ecosystems more resilient during droughts;
· Augmenting habitat restoration funds to build better drought resilience.
Senators Barbara Boxer, Dianne Feinstein, and the House delegation needs to hear from the public on what should and should not be in federal drought legislation.
California’s congressional delegation can’t agree on response to drought - LA Times
Sacramento River Temperature Management Plan
In February, the State Water Resources Control Board (State Board) granted a petition by the Department of Water Resources and the U.S. Bureau of Reclamation to relax Delta outflow standards for two months, but rejected the petition to simultaneously increase pumping levels. The Board’s action attempted to balance the need to preserve critical reservoir storage provided by the recent rains, with the need to provide water supply and protect endangered fish species and the health of the Bay-Delta Estuary.
This decision came with some consequences: the relaxation of Delta outflow standards caused even more stress to threatened and endangered species already under strain, compromising the ability of our fish and wildlife to withstand the effects of the drought. The harm of the decision could only be justified by the vigorous conservation of coldwater storage for the protection of endangered fish species later this year through a scientifically sound temperature management plan for the Sacramento River. However, this same strategy was used last year, with tragic consequences (95% loss and more) for multiple salmon populations.
On May 29, the State Water Board suspended the current Temperature Management Plan for the Sacramento River, citing the need for a greater margin of safety and concerns that preliminary information indicates that temperatures are significantly warmer than expected, likely making it impossible to maintain the coldwater temperatures required for endangered salmon later this year. Current projections for migrating salmon indicate that the winter-run population may experience catastrophic losses again this year.
The State Board is working with fisheries agencies and the Bureau of Reclamation to update the temperature management plan in light of this information. Central Valley legislators and others have protested the State Board’s decision to suspend the plan.
Federal and State Officials Discuss Sacramento River Temp Management Operations
In February, the State Water Resources Control Board (State Board) granted a petition by the Department of Water Resources and the U.S. Bureau of Reclamation to relax Delta outflow standards for two months, but rejected the petition to simultaneously increase pumping levels. The Board’s action attempted to balance the need to preserve critical reservoir storage provided by the recent rains, with the need to provide water supply and protect endangered fish species and the health of the Bay-Delta Estuary.
This decision came with some consequences: the relaxation of Delta outflow standards caused even more stress to threatened and endangered species already under strain, compromising the ability of our fish and wildlife to withstand the effects of the drought. The harm of the decision could only be justified by the vigorous conservation of coldwater storage for the protection of endangered fish species later this year through a scientifically sound temperature management plan for the Sacramento River. However, this same strategy was used last year, with tragic consequences (95% loss and more) for multiple salmon populations.
On May 29, the State Water Board suspended the current Temperature Management Plan for the Sacramento River, citing the need for a greater margin of safety and concerns that preliminary information indicates that temperatures are significantly warmer than expected, likely making it impossible to maintain the coldwater temperatures required for endangered salmon later this year. Current projections for migrating salmon indicate that the winter-run population may experience catastrophic losses again this year.
The State Board is working with fisheries agencies and the Bureau of Reclamation to update the temperature management plan in light of this information. Central Valley legislators and others have protested the State Board’s decision to suspend the plan.
Federal and State Officials Discuss Sacramento River Temp Management Operations
Regional News for the Estuary
North Bay
Marin Municipal Water District (MMWD) is being sued over its tiered rate structure in a lawsuit similar to the recently settled San Juan Capistrano case. The current rate structure The plaintiff claims that MMWD’s rate structure is not linked to cost-of-service standards as required by Proposition 218. MMWD has said its rate structure does meet Prop. 218 requirements.
MMWD Faces Lawsuit over Tiered Rate Structure
Delta
Five million dollars has been dedicated to controlling invasive water hyacinth in the Delta this year. The state has committed four million in funding; the US Department of Agriculture (USDA) recently announced it would also provide $110 million to the effort. An ad-hoc task force made up of staff from county agencies, USDA, and even NASA has formed to address the problem, which has been exacerbated by low stream and river flows due to the drought. http://www.recordnet.com/article/20150601/NEWS/150609956
Privately-owned California Water Service Co. (Cal Water), which serves central Stockton, is imposing “water budgets” on its customers. Those who exceed their budgets will pay a surcharge that is double the normal rate, and those who come in under budget will be able to “bank” unused water for future months. http://www.recordnet.com/article/20150529/NEWS/150529629/101094/A_NEWS?rssfeed=true
East Bay
Contra Costa Water District (CCWD) customers reduced their water use in May by 27 percent over May 2013 levels. Mandatory emergency regulations require CCWD to achieve an average 28 percent reduction in water use over 2013 levels. Statewide water savings in April, prior to implementation of mandatory regulations, only reached 13.5% over 2013 levels. http://claycord.com/2015/06/18/ccwd-customers-hit-amazing-27-percent-savings-during-may/
http://saveourwater.com/blog-posts/california-water-conservation-improves-in-april-to-13-5/
South Bay
San Jose Water Company, which serves most of the City of San Jose is also implementing monthly water allocations. The allocations only apply to single-family residences, and limit use to approximately 274 gallons/day for June, and 313 gallons/day for July and August. Average use in June 2014 was 154 gallons per capita (person) per day. http://www.mercurynews.com/drought/ci_28318871/california-drought-strict-water-use-rules-take-effect?source=rss
North Bay
Marin Municipal Water District (MMWD) is being sued over its tiered rate structure in a lawsuit similar to the recently settled San Juan Capistrano case. The current rate structure The plaintiff claims that MMWD’s rate structure is not linked to cost-of-service standards as required by Proposition 218. MMWD has said its rate structure does meet Prop. 218 requirements.
MMWD Faces Lawsuit over Tiered Rate Structure
Delta
Five million dollars has been dedicated to controlling invasive water hyacinth in the Delta this year. The state has committed four million in funding; the US Department of Agriculture (USDA) recently announced it would also provide $110 million to the effort. An ad-hoc task force made up of staff from county agencies, USDA, and even NASA has formed to address the problem, which has been exacerbated by low stream and river flows due to the drought. http://www.recordnet.com/article/20150601/NEWS/150609956
Privately-owned California Water Service Co. (Cal Water), which serves central Stockton, is imposing “water budgets” on its customers. Those who exceed their budgets will pay a surcharge that is double the normal rate, and those who come in under budget will be able to “bank” unused water for future months. http://www.recordnet.com/article/20150529/NEWS/150529629/101094/A_NEWS?rssfeed=true
East Bay
Contra Costa Water District (CCWD) customers reduced their water use in May by 27 percent over May 2013 levels. Mandatory emergency regulations require CCWD to achieve an average 28 percent reduction in water use over 2013 levels. Statewide water savings in April, prior to implementation of mandatory regulations, only reached 13.5% over 2013 levels. http://claycord.com/2015/06/18/ccwd-customers-hit-amazing-27-percent-savings-during-may/
http://saveourwater.com/blog-posts/california-water-conservation-improves-in-april-to-13-5/
South Bay
San Jose Water Company, which serves most of the City of San Jose is also implementing monthly water allocations. The allocations only apply to single-family residences, and limit use to approximately 274 gallons/day for June, and 313 gallons/day for July and August. Average use in June 2014 was 154 gallons per capita (person) per day. http://www.mercurynews.com/drought/ci_28318871/california-drought-strict-water-use-rules-take-effect?source=rss
