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Now Available: Staff Report and Staff Draft Determination for Nov. 15-16 Workshop on Appeals of California WaterFix Certification

The California Department of Water Resources (DWR) on July 27, 2018 filed a certification of consistency with the Delta Plan for its California WaterFix project. Nine appeals of that certification have been filed, and a public hearing on those appeals was held Oct. 24-26, 2018 at the Ramada Inn in West Sacramento.

 

The Council will hold a public workshop to receive comments on staff-prepared draft findings regarding the appeals. The workshop will begin at 9 a.m. on Thursday Nov. 15, 2018 and, if necessary, continue at 9 a.m. on Friday Nov. 16, 2018. Both days will be at the Ramada Inn, 1250 Halyard Drive, West Sacramento.

 

  • Review the staff report by clicking here, and the staff draft determination by clicking here.

 

  • Read the notice for the workshop by clicking here.

 

  • Learn more about the certification and appeals by clicking here.

 

A guide to the California WaterFix certification

According to DWR, the fundamental purpose of California WaterFix is to make physical and operational improvements to the State Water Project (SWP) system in the Delta necessary to restore and protect ecosystem health, water supplies of the SWP and Central Valley Project (CVP) south of the Delta, and water quality within a stable regulatory framework, consistent with statutory and contractual obligations.

 

You’ll find the certification, along with supporting documents, appeals, public notices, party submittals, and public comments on this webpage, which is continuously updated. Click the button to download the certification, which is a summary of the project and description of how DWR believes it is consistent with the Council’s Delta Plan.

 

Latest update - October 29, 2018

The Delta Stewardship Council has scheduled a Nov. 15-16 Workshop on staff-prepared draft findings regarding the appeals of the certification of consistency with the Delta Plan for the California WaterFix project. You'll find the notice for the Workshop here.

 

Oct. 24-26, 2018

The Delta Stewardship Council held a public hearing regarding the appeals of the certification of consistency submitted by the Department of Water Resources for the California WaterFix. (Webcast)

 

Oct. 11, 2018

The Delta Stewardship Council issued a second supplement to the Notice of Public Hearing for the California WaterFix Certification. You'll find the second supplement here.

 

Sept. 28, 2018

The Delta Stewardship Council issued a supplement to the Notice of Public Hearing for the California WaterFix Certification. You'll find the supplement here.

 

Sept. 14, 2018

The Delta Stewardship Council scheduled a public hearing on nine appeals of the certification of consistency that was filed by the California Department of Water Resources for its California WaterFix project. The hearing will begin at 9 a.m. on Wednesday October 24, and continue at 9 a.m. on Thursday October 25 and again at 9 a.m. on Friday October 26, if necessary. All three days will be at the Ramada Inn West Sacramento – Conference Center, 1250 Halyard Drive in West Sacramento. Read the Notice of Public Hearing here.

 

Aug. 29, 2018

Nine appeals have been filed in response to this certification of consistency. Click here to view the notice of appeals, which includes links to each of the nine appeals as well as information about the appeals process

 

Aug. 22, 2018:

Index items listed on worksheet D8, files 011001 through 011100, have been uploaded as part of DWR’s record.

 

Aug. 21, 2018:

The California Department of Water Resources (DWR) has provided additional documents to the record for their certification of consistency for California WaterFix. These materials are online under “Supporting Record.”

 

As described by DWR in its Microsoft Excel index: “Additional documents including but not limited to those that are listed in this index but clearly identified in red font as [emphasis added] not uploaded prior to certification due to technical constraints, will continue to be uploaded to the covered action webpage after submission of the certification to the Council. However, this may not encompass the complete administrative record; the complete administrative record for this certification, including a revised and complete index, will be certified full and complete within 10 days after receiving a notice of appeal from the Delta Stewardship Council.”

 

Find out more about the California WaterFix itself by clicking here for the project website.

 

Ex Parte Communication

Please note that the Delta Stewardship Council has placed itself under ex parte communication restrictions regarding the California WaterFix certification of consistency. Councilmembers, Council staff and consultants will not communicate about the California WaterFix with any person outside of the Council. The one exception is communications regarding the administrative or procedural status of the project, which should be directed to: waterfixcert@deltacouncil.ca.gov. Please see the Council’s Ex Parte Notice for more details.

 

Click here to see any ex parte communication disclosures.

 

What is the Council's Covered Action Process?

The Delta Reform Act of 2009 (Act) established a certification process for demonstrating consistency with the Delta Plan. This means that a state or local agency proposing to undertake a qualifying action (covered action) must submit to the Council a written certification of consistency with detailed findings as to whether the covered action is consistent with the Delta Plan.

 

Any person may appeal a certification of consistency to the Council within 30 days after it is filed, unless that date falls on a Saturday, Sunday, or holiday. In that case, the deadline is extended to the next business day.

 

  • Learn more about the Council's covered Action process here and by following the Covered Action links on the right side of that page.
  • If you think you might be interested in filing an appeal, please review the Council’s Administrative Procedures Governing Appeals carefully. You may view the Administrative Procedures here.
  • Read the Council's Delta Plan by clicking here.

Coequal goals

The Delta Stewardship Council was created in legislation to achieve the state mandated coequal goals for the Delta. "'Coequal goals' means the two goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. The coequal goals shall be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place." (CA Water Code §85054)