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Withdrawn: Department of Water Resources California WaterFix Certification of Consistency with Delta Plan

The California Department of Water Resources (DWR) on  Dec. 7, 2018 withdrew its Certification of Consistency for the California WaterFix. As a result, Delta Stewardship Council Executive Officer Jessica Pearson dismissed the appeals because they no longer raised issues before the Council. This action also lifted the ex parte restrictions that had prohibited its members and staff from working with the parties outside of the Council’s appeals process.

 

The Certification, which the Department filed with the Delta Stewardship Council (Council) on July 27, 2018, found that the California WaterFix was consistent with the Delta Plan. Nine appeals of that certification were filed.

 

A public hearing on those appeals was held Oct. 24-26, 2018 and a workshop on the staff draft determination was held on Nov. 15-16, both at the Ramada Inn in West Sacramento. The Council had been scheduled to consider adoption of a determination at its December meeting.

 

  • Read the dismissal of the appeals here.

 

  • Read the letter withdrawing DWR's certification 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 - December 7, 2019

DWR withdrew its Certification of Consistency for the California WaterFix. As a result, Delta Stewardship Council Executive Officer Jessica Pearson dismissed the appeals because they no longer raised issues that were before the Council. This action also lifted the ex parte restrictions that had prohibited its members and staff from working with the parties outside of the Council’s appeals process.

 

November 19, 2018

The Council will hold a public hearing and adoption meeting on December 20-21, 2018 to receive public comments on and consider the adoption of findings regarding the appeals of the certification of consistency Number C20185 submitted by the Department of Water Resources for the California WaterFix. You'll find the notice of the public hearing and adoption meeting here.

 

October 29, 2018

The Delta Stewardship Council held 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, the staff report here, and the staff draft determination 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 is no longer 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.

 

Please see the Council’s Ex Parte Notice for details about how Ex Parte rules were applied.

 

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)