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Single-Year Water Transfers Amendment

Proposed Delta Plan Amendment: Single-Year Water Transfers

 

Background

The Delta Plan recognizes that water transfers that occur in whole or in part in the Delta can be an important tool for improving water supply reliability.  At the time it developed the Delta Plan, the Council determined that single-year water transfers occurring between the date of the adoption of the Delta Plan (May 2013) and December 31,  2016 (i.e., the “sunset date”) would not have a significant impact on the coequal goals, and consequently, would not be considered covered actions.

 

As promised in the Delta Plan, the Council continued to gather evidence about the potential effects of single-year water transfers on the coequal goals. During four Council meetings over the course of 2015, the Council invited subject matter experts, stakeholders and members of the public to discuss information and issues related to single-year water transfers such as: history and types of water transfers; existing laws and policies for water transfers; potential environmental impacts; and ensuring responsible transfers.  At its December 17, 2015 meeting, the Council considered the evidence collected to date, and directed staff to commence environmental review and to develop a proposed regulatory amendment that would exempt single-year water transfers from consideration as covered actions.

 

Environmental Review

The Council is considering an amendment to the Delta Plan that would exempt Single-Year Water Transfers from the definition of “covered action”. Council staff prepared a Draft Addendum to the Delta Plan Programmatic Environmental Impact Report  (P-EIR) analyzing the environmental effects of the Proposed Amendment. The Draft Addendum to the P-EIR was available for a 30-day Public Review and Comment Period from May, 2016 to June 13, 2016.

 

Draft P-EIR Addendum
Errata to Draft Addendum
 

After the Council received public comments and developed appropriate responses, Council staff finalized the Addendum and prepared the September P-EIR Addendum for potential adoption by the Council.  Although the P-EIR Addendum was not required because the proposed amendments will have no significant effect on the environment (see Statement of Exemption below), preparation of the P-EIR Addendum allowed for public input, additional transparency, and the development of a robust environmental analysis.

 

(Final) September 2016 P-EIR Addendum to the Delta Plan, Including Public Comments Received and Responses to (draft) May 2016 P-EIR Addendum to the Delta Plan

Statement of Exemption

 

Administrative Procedure Act Rulemaking Process
Comment Periods

 

The initial 45-Day Public Comment Period Commenced on July 22, 2016, and concluded on September 6, 2016.  Although the 45-day public review and comment period concluded on September 6, 2016, the Council has released additional documents for a 15-day public review (below) pursuant to Government Code section 11347.1.
 

The additional 15-Day Public comment period on the additional documents commenced on September 14, 2016, and concludes on September 29, 2016, at 5 p.m.
 

The Council will also accept written and oral comments submitted on the day of the public hearing, September 29, 2016, until 5 p.m.

 

Please address written comments (e-mail is preferred) to: oal_amendsingle@deltacouncil.ca.gov

or to:

Anthony Navasero, P.E., Senior Engineer
Delta Stewardship Council
980 Ninth Street, Suite 1500
Sacramento, CA 95814

 

Additional Documents for 15-day Public Review

The documents are available for download and review by clicking on the links provided below:

 

Video recording and written summary of July 23-24, 2015 Council meeting
Video recording and written summary of September 24, 2015 Council meeting
Video recording and written summary of November 18-19, 2015 Council meeting
Video recording and written summary of December 17, 2015 Council meeting
(Final) September 2016 P-EIR Addendum to the Delta Plan, Including Public Comments Received and Responses to (draft) May 2016 P-EIR Addendum to the Delta Plan
November 2012 Cost Analysis

 

The following documents were submitted to the Office of Administrative Law for a 45-day public comment period which began on July 22, 2016 and were assigned the notice file number: Z-2016-0705-07.  They are available for download and review by clicking on the links provided below:

 

Notice of Intention to Amend (306KB)

This document announces the availability of the rulemaking documents for review and the time and location of the public hearing. The Notice includes a summary description of the proposed regulation, the authority under which it is proposed, its relationship to other laws and regulations, and statements summarizing any fiscal and economic impacts.

 

Initial Statement of Reasons (including Attachment 1, Economic Impact Analysis/Assessment) (366KB)

This document describes the purpose of each provision in the proposed regulation and how the provision is reasonably necessary to achieve that purpose. It also discusses the benefits, reasonable alternatives considered, and the Council's reasons for selecting the proposed provision.  Additionally, Attachment 1 is a supporting document to evaluate the questions addressed in the Economic and Fiscal Impact Statement as well as the Cost Analysis which briefly describes expected benefits of the proposed rulemaking, but not a benefit cost analysis.

 

Proposed Regulation Text (219KB)

This single page document reflects the text of the proposed regulation amendment.

 

Economic and Fiscal Impact Statement (252 KB)

This document is a standard form that summarizes the potential effects of the regulation on private businesses and individuals including effect on the cost of housing. It also provides an assessment of the proposed regulation's fiscal impact on local governments, state government, and federal funding of state programs.

 

Comments

 

16-0804 Comment from Joseph Rizzi re: single-year water transfer amendment

 

16-0906 Comment from Merced Irrigation District re: single-year water transfer amendment

 

16-0926 Comment from Mountain Counties Water Resources Association re: single-year water transfer amendment

 

16-0927 Comment from J.S. Mills re: single-year water transfer amendment

 

16-0927 Comment from State Water Contractors re: single-year water transfer amendment

 

16-0928 Comment from Association of California Water Agencies re: single-year water transfer amendment

 

16-0928 Comment from Northern California Water Association re: single-year water transfer amendment

 

16-0928 Comment from Western Canal Water District re: single-year water transfer amendment

 

16-0928 Comment from El Dorado Irrigation District comments re: single-year water transfer amendment

 

16-0928 Comment from San Luis Delta Mendota Water Authority re: single-year water transfer amendment

 

16-0928 Comment from Local Agencies of the North Delta re: single-year water transfer amendment

 

16-0929 Comment from the San Juan Water District re: single-year water transfer amendment

 

16-0929 Comment from AquAlliance re: single-year water transfer amendment

 

 

 

 

 

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)