Secretary Laird from the California Natural Resources Agency and Charles Hoppin from the State Water Resources Control Board have responded to the Northern California water agencies addressing their concerns about the BDCP impacting upstream water rights, but the answer is not likely to have water managers necessarily sleeping more peacefully at night.
In December, Northern California water agencies sent a letter to Natural Resources Secretary John Laird and State Water Board Chairman Charles Hoppin, expressing their concern of what the impact of changes in flow standards for the Delta along with a change in the point of diversion for the state and federal water projects will be on upstream water rights, and requesting assurances that there will be no redirected impacts to upstream water users.
The concern stems from the State Water Resources Control Board’s current process of revising the Bay-Delta Water Quality Control Plan, a process many expect to result in increased flows for the Delta. In setting the new flow standards, the State Water Board could amend the water rights to meet those standards. In addition, the State Water Board must approve a permit for any change in the point of diversion for the SWP and CVP.
In regards to the request that water rights priorities be recognized when changes in flow obligations are considered, Mr. Laird and Mr. Hoppin noted that California law requires the Board’s decisions to adhere to the water rights priority system; however, if the State Water Board decides to adopt new flow standards for the Delta, these flow standards will be implemented through a water right decision, a process that will include a public hearing where those water rights holders potentially affected may participate.
The Northern California water agencies had requested that the State Water Board include specific language in any order changing the point of diversion that it will not result in any redirected impacts to upstream water users. Mr. Laird and Mr. Hoppin responded that the Water Code requires the State Water Board to determine that a proposed change in water rights will not injure any legal user of water. “The State Water Board will evaluate this issue in any water rights hearing related to BDCP, and it will follow the no injury rule,” the gentlemen write.
They also note that it is the policy of the California Natural Resources Agency that the BDCP “will not impact upstream water users, whether to meet water quality requirements, increased flows, or for other mitigation requirements.”
Click here to read the full text of the letter.
