DAILY DIGEST, 12/9: Drought conditions could stretch to spring; New land trust focused on groundwater aims to give farmers options; Met board funds next phase of Delta Conveyance Project; Biden pledges to conserve nearly a third of U.S. Land and water by 2030; and more …



On the calendar today …

  • ONLINE MEETING: Fisheries Restoration Grant Program Peer Review Committee Winter 2020 Meeting from 1o am to 12pm. Agenda items include a discussion of how to handle the PRC review of FY 2020 proposal scoring, follow up on discussion of scoring multi-benefit projects and discuss possible recommendations, and an issue brief and discussion of instream flow projects.  Join Microsoft Teams Meeting  Click here for the full agenda
  • FREE WEBINAR: Creating Partnerships: the IoW P2P Network from 10am to 11am: The IoW Peer-to-Peer (P2P) Network is a community of practice designed to connect members from across the nation who are working on modernizing their agency’s water data infrastructure. Active employees of state, local, or tribal government agencies, along with employees of water utilities and river basin commissions are invited to participate!  This webinar will introduce participants to the Network, share the opportunities available to members of the Network, share stories from Network members, and solicit feedback on how the Network can best meet your needs.  Click here for more information and to register.
  • FREE WEBINAR: The Spirit of Dialogue: Lessons from Faith Traditions in Transforming Water Conflicts from 1pm to 2pm.  In this presentation, we will explore, for example: cross-cultural models of understanding the sources of conflict and anger; deep listening skills for identifying common values; methods for elevating and nuancing dialogue as pathways to understanding; and techniques for self check-ins for potential conflicts within.  Presented by the American Water Resources Association.  Click here to register.
  • WATER BOARD WORKSHOP: Hexavalent Chromium Maximum Contaminant Level Estimates of Costs at 1:30pm.  The State Water Resources Control Board (State Water Board) will hold a public workshop to receive information and solicit public input regarding estimates of costs associated with a range of potential hexavalent chromium maximum contaminant levels (MCL) and treatment technologies.  Click here for the full meeting notice and online access instructions.
  • MEETING: Delta Conveyance Stakeholder Engagement Committee from 3pm to 6pm.  Agenda items include a discussion of the community benefits framework and the Bethany Alternative traffic analysis.  Click here for the full agenda and remote access instructions.

In California water news today …

Drought conditions could stretch to spring, set stage for another rough fire season

The latest outlook from the National Oceanic and Atmospheric Administration suggests that California’s persistent drought-like conditions could last through the winter and into spring, possibly fueling another grueling fire season in 2021.  Currently, three-quarters of California is experiencing at least moderate drought conditions.  “Keep in mind, we’re coming off the driest May-through-October period, statewide at least, across California, Arizona and New Mexico,” said Mark Svoboda of the National Drought Mitigation Center in Nebraska. … ”  Read more from KQED here: Drought conditions could stretch to spring, set stage for another rough fire season

New land trust focused on groundwater aims to give farmers options

Southern Tulare County farmers inching toward a cliff of groundwater restrictions that could dry up tens of thousands of acres have joined with conservationists to potentially soften their own landing and help improve wildlife habitat at the same time.  At least that’s the goal of the newly formed Tule  Basin and Water Conservation Trust.  “Land retirement is not a popular concept with farmers,” said Eric Limas, Treasurer for the Tule Trust and General Manager of the Pixley Irrigation District and Groundwater Sustainability Agency. … ” Read more from SJV Water here: New land trust focused on groundwater aims to give farmers options

Metropolitan board funds next phase of Delta Conveyance Project

The Metropolitan Water District today joined water agencies throughout the state in pledging its support for a project to modernize the increasingly vulnerable infrastructure that delivers water supplies from the northern Sierras through the Sacramento-San Joaquin Delta to Southern California.  Metropolitan’s Board of Directors voted unanimously to fund its share of the environmental planning and pre-construction costs for the Delta Conveyance Project, a state initiative to increase the long-term reliability of the State Water Project and make it more resilient to climate extremes, sea level rise and earthquakes. … ”

Click here to read the press release from Metropolitan.

House passes Water Resources Development Act; final bill expected to become law this year

On Tuesday, Congressman John Garamendi (D-CA), a senior member of the House Committee on Transportation and Infrastructure whose district includes 200 miles of the Sacramento River and is adjacent to several major ports, secured key provisions in the “Water Resources Development Act of 2020” (S.1811) for the California Delta and Central Valley.  The legislation passed the House Tuesday and is expected to pass the Senate with strong bipartisan support and become law this year.  “This bipartisan legislation supports levee projects throughout the Sacramento Valley, which will provide critical flood protection and make local communities more resilient to climate change,” Garamendi said.  … ”  Continue reading at Lake County News here: House passes Water Resources Development Act; final bill expected to become law this year

Final WRDA package leaves clean water out

A House-Senate conference committee approved a final version of the Water Resources Development Act, or WRDA, for 2020, late last week. The final language did not include the clean water sector, drawing criticism from members of the industry.  “Over the past several cycles, this bill has become the vehicle of choice for authorizing essential funding for clean and drinking water infrastructure,” a press release from NACWA read. “While both the House and Senate Committee versions of WRDA 2020 included clean water investment, the conferenced language released is limited to the Army Corps of Engineers titles. This bill was a chance for Congress to provide much needed new funding for the public clean water sector. Unfortunately, support for public clean water utilities was left out entirely.” … ”  Read more from Water World here: Final WRDA package leaves clean water out

Worms help power Valley winery’s wastewater system

Worms are helping a Valley winery on its path to becoming more green.  Olympic-sized swimming pools at O’Neill Winery are actually beds filled with worms helping the company become greener.  “Our technology at BioFiltro, what it is is the star of the show is the worm. Ultimately, the worms are known as an ecosystem or environmental engineers,” said Mai Ann Healy, BioFiltro spokesperson. … ”  Read more from KFSN here:  Worms help power Valley winery’s wastewater system

Johansson outlines Farm Bureau priorities

Faced with a global pandemic, plus regulatory and political challenges, California Farm Bureau President Jamie Johansson says the state’s farmers and ranchers continue to overcome barriers to success, while staying strong through Farm Bureau advocacy.  During the last century-plus, Johansson said, Farm Bureau has proven to be an organization like no other and, because of that, “we are still farming.” He spoke to members Monday via webcast from the Farm Bureau building in Sacramento during the 102nd California Farm Bureau Annual Meeting. ... ”  Read more from Ag Alert here:  Johansson outlines Farm Bureau priorities

CDFW: Why California cannabis growers face more regulations than other farmers

Q: I understand that the California Department of Fish and Wildlife (CDFW) plays a regulatory role in commercial cannabis operations, because poor grow practices harm the environment and California’s fish and wildlife. But are farmers of other legal crops — say, almonds, or wine grapes — held to the same standards?  A: Any farming activity that has the potential to impact California’s native fish, wildlife and plant resources must comply with the laws and regulations in place to protect them. This is true for farm-to-fork operations and commercial cannabis growers. Anyone requiring a Lake and Streambed Alteration Agreement from CDFW is subject to the same requirements and fees.  However, there are regulatory differences between cannabis farming and other agricultural industries … ”  Read more from the Record Searchlight here:  CDFW: Why California cannabis growers face more regulations than other farmers

Wall Street begins trading water futures as a commodity

Wall Street has begun trading water as a commodity, like gold or oil. The country’s first water market launched on the Chicago Mercantile Exchange this week with $1.1 billion in contracts tied to water prices in California, Bloomberg News reported.  The market allows farmers, hedge funds, and municipalities to hedge bets on the future price of water and water availability in the American West. … ”  Read more from Yale e360 here:  Wall Street begins trading water futures as a commodity

SEE ALSO:

Trump administration rushes sale of California oil leases despite certain legal battle

The Trump administration on Thursday plans to hold the first oil lease sale in California in eight years, part of a last-minute rush to auction off as much federal land as possible before President-elect Joe Biden is sworn in.  The Bureau of Land Management said the sale would encompass just over 4,100 acres of federal land and mineral estate in Kern County, where the majority of drilling in the state takes place. The agency estimates that as many as 10 new wells could be drilled on the land for sale. … ”  Read more from the LA Times here:  Trump administration rushes sale of California oil leases despite certain legal battle

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In regional water news and commentary today …

Yreka City Council approves pipeline replacement under Iron Gate

The Yreka City Council approved the Fall Creek Pipeline Replacement under Iron Gate Lake/Klamath River at their meeting last week.  City Staff and PACE Engineering recently reviewed a new conceptual plan for the relocation of the 24″ water main downstream of the proposed dam removal project.  The city said that this new concept replaces the existing pipe on the bottom of Iron Gate Reservoir and relocates it under the proposed river channel. … ”  Read more from the Redding Record Searchlight here: Yreka City Council approves pipeline replacement under Iron Gate

Managing groundwater sustainably in Tehama County

The Tehama County Flood Control and Water Conservation District invites the public to participate in an online, interactive public workshop to learn and share thoughts about sustainable groundwater management planning efforts in Tehama County subbasins.  The webinar is scheduled for 6-8:30 p.m. Wednesday, Dec. 9. … ”  Read more from the Tehama Daily News here: Managing groundwater sustainably in Tehama County

Advancing water supplies for Gray Lodge Wildlife Area

The Biggs-West Gridley Water District, Ducks Unlimited and the Bureau of Reclamation recently announced the completion of Phase II (of five total phases) of the water supply project for the world-renowned Gray Lodge Wildlife Area. The three partners are collaborating on this conveyance improvement project that will enable Biggs-West Gridley Water District to increase surface water deliveries to Gray Lodge Wildlife Area. When the project is fully implemented, Gray Lodge will receive important water supplies to maximize its habitat values. … ”  Read more from the Northern California Water Association blog here:  Advancing water supplies for Gray Lodge Wildlife Area

The Tahoe fund receives $25,000 donation from Vail Resorts to clean up the lake

The Tahoe Fund announced today that Vail Resorts has contributed $25,000 in support of its campaign to remove trash around all 72-miles of Lake Tahoe with Clean Up The Lake. The project will be completed by a SCUBA dive team of professionals and volunteers that will begin in Spring 2021. Vail Resorts’ donation, generated by $1 guest donations from lift ticket and season pass sales, brings the project closer to meeting a $100,000 match provided by Tahoe Blue Vodka. … ”  Read more from YubaNet here: The Tahoe fund receives $25,000 donation from Vail Resorts to clean up the lake

Placer Land Trust dedicates expanded Laursen Bear River Preserve

Placer Land Trust has permanently protected a 185-acre addition to the Laursen Bear River Preserve north of Auburn, making the total preserve 546 acres.  The expanded Laursen Bear River Preserve, along with other adjacent preserves, creates a block of more than 8,000 contiguous acres of protected lands in the Bear River and Raccoon Creek watersheds. These expansive oak woodlands support healthy and diverse populations of plants and wildlife. The preserve provides critical habitat for animals such as mule deer, mountain lion, grey fox, hawks and many others. … ”  Read more from Gold Country Media here: Placer Land Trust dedicates expanded Laursen Bear River Preserve

40-foot waves and 70-degree temps hit San Francisco Bay Area

Unusually warm weather had Bay Area residents wearing shorts in December on Monday, and more record-breaking temperatures are expected Tuesday.  The warm weather is hitting at a time when Northern California beaches are seeing some of the biggest waves of the season and the National Weather Service is warning the public to avoid beaches. … ”  Read more from SF Gate here: 40-foot waves and 70-degree temps hit San Francisco Bay Area

San Geronimo: 100-year-old dam removed from former golf course for salmon migration

A free-flowing creek will replace Central California’s highest priority fish passage barrier as the Salmon Protection and Watershed Network (SPAWN) completes a community restoration project along San Geronimo Creek, one of the most important watersheds left for endangered coho salmon.  By removing a 100-year-old dam and 20-year-old fish ladder on the former San Geronimo Valley golf course that was limiting the migration of endangered coho salmon and creating poor habitat conditions for other aquatic species, SPAWN created a free-flowing 250-feet long new creek channel where the former dam was. Coupled with more work next year, the project will restore a total of five acres of creek floodplain habitat across a quarter-mile long of San Geronimo Creek.  … ”  Read more from Turtle Island Network here:  San Geronimo: 100-year-old dam removed from former golf course for salmon migration

Santa Cruz:  Mixed-use affordable housing project moves ahead, despite contamination

The County Board of Supervisors on Tuesday passed a measure that will give the State Department of Finance more time to review a mixed-use affordable housing project poised to be built at 1500 Capitola Road. … Tuesday’s extension comes after the county voted to reduce the price of the 3.7 acre parcel in a November board meeting by more than $2 million because of environmental concerns. High levels of dry cleaning solvents and petroleum byproducts have been found in soil vapor and groundwater at the 1500 Capitola Road site. … ”  Read more from the Santa Cruz Sentinel here: Santa Cruz:  Mixed-use affordable housing project moves ahead, despite contamination

Santa Barbara County:  Environmentalist responds to Mission Canyon rock dumping settlement against SCE

A board member of the Santa Barbara Urban Creeks Council (UCC) reacted to news of a settlement over last year’s massive rock dumping incident involving Southern California Edison (SCE).  “Previously it was a very beautiful, vegetated, shaded area,” said Shirin Tolle. “Beautiful mature Bay Trees, Oak Trees. When SCE went in and did their grading, they basically took an entire cliffside down and created an extreme rockfall hazard that would be highly dangerous to the public.” … ”  Read more from the Marin Independent Journal here:   Environmentalist responds to Mission Canyon rock dumping settlement against SCE

San Diego: Miramar Reservoir marks 60 years of service

For 60 years, Miramar Reservoir has been an integral part of the City of San Diego’s drinking water system and offers San Diegans a popular recreational area. Now, the reservoir is being called into service to play a vital part in San Diego’s future Pure Water system to sustain a reliable water supply.  The City of San Diego is commemorating the 60th anniversary of Miramar Reservoir, its role in the region’s history, and the part the reservoir will play in the future. … ”  Read more from Water News Network here: Miramar Reservoir Marks 60 Years of Service

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In national water news today …

How will water affordability be defined for the next 20 years?

In the United States, the water affordability paradigm is based on a fundamentally flawed convention that the average water and sewer bill with a combined value over 4.0 percent or 4.5 percent of median household income (%MHI) is considered “unaffordable.” This metric stems from a 2 percent of MHI benchmark intended to measure community-level affordability for wastewater created by the U.S. EPA’s 1997 Combined Sewer Overflows — Guidance for Financial Capability Assessment and Schedule Development (1997 FCA Guidance). This guidance is intended to assess a community’s financial capability to implement project schedules and control measures needed to meet Clean Water Act (CWA) obligations. The EPA’s 1997 FCA has erroneously become the defacto standard to measure household affordability for the last two decades and is widely used as a financial affordability benchmark during utility rate setting discussions. … ”  Read more from Water Finance & Management here: How will water affordability be defined for the next 20 years?

Biden pledges to conserve nearly a third of U.S. Land and water by 2030

President-elect Biden is making a bold promise on the environment. His administration will work to conserve nearly one-third of all U.S. land and water by the year 2030. Similar pledges are being made by countries around the world with the goal of slowing down the steep decline of nature. NPR’s Nathan Rott looks at how realistic that is. … ”  Read more from Valley Public Radio here: Biden pledges to conserve nearly a third of U.S. Land and water by 2030

EPA issues draft guidance clarifying wastewater permit requirements under Maui decision

Today, the U.S. Environmental Protection Agency (EPA) announced draft guidance that clarifies how the Supreme Court’s County of Maui v. Hawaii Wildlife Fund decision should be applied under the Clean Water Act National Pollutant Discharge Elimination System (NPDES) permit program. This guidance will help clarify when a NPDES permit is necessary under the Clean Water Act.  “EPA’s guidance will address several questions that the regulated community and others have raised since the Supreme Court issued its decision earlier this year,” said EPA Assistant Administrator for Water David Ross. “NPDES permits are essential tools that help protect our nation’s water resources. Understanding when such permits are needed is critical to the efficient administration of our Clean Water Act permitting programs.

Click here to continue reading this press release from the US EPA.

In its decision, the Supreme Court held that a NPDES permit is required for a discharge of pollutants from a point source that reaches “waters of the United States” after traveling through groundwater if that discharge is the “functional equivalent of a direct discharge from the point source into navigable waters.” The Maui decision also outlines seven non-exclusive factors that the regulated community and permitting authorities should consider when evaluating such a discharge from a point source, depending on the circumstances.

EPA’s draft guidance places the ‘functional equivalent’ analysis into context within the agency’s NPDES permit program. The draft reiterates the threshold conditions for triggering the requirement for a NPDES permit—an actual discharge of pollutants from a point source to a water of the United States. The guidance also proposes that the design and performance of the system or facility from which the pollutant is released is an additional factor that should be considered. When finalized, this action will provide guidance to assist the regulated community and permit authorities with incorporating the Supreme Court’s direction in Maui into existing Clean Water Act NPDES permit programs and authorized state programs.

This draft guidance will be available for public comment for 30 days following publication in the Federal Register.

For more information visit https://www.epa.gov/npdes/releases-point-source-groundwater.

Background

The Clean Water Act Section 402 NPDES permitting program—whether implemented directly by EPA or by a State that is authorized to carry out its own program in lieu of the federal program—regulates the “discharge of a pollutant” from a “point source” to “navigable waters,” terms which are all defined in the Act. Congress prohibited the “discharge of any pollutant” “from any point source” “to navigable waters” unless it is authorized, typically by a permit.

EPA guidance may exempt some water polluters from Supreme Court permit mandate

The Environmental Protection Agency (EPA) on Tuesday released a draft guidance that interprets a Supreme Court decision in a way that may exempt some facilities from needing permits to pollute groundwater.   In April, the court decided that a permit is required for both direct discharges of pollutants into federally-regulated rivers and oceans as well as their “functional equivalent” in groundwater that flows into regulated waters.   The EPA’s new draft guidance, which was first reported by E&E News, says that whether a pollution discharge into groundwater should be considered a “functional equivalent” depends on “what happens to the discharged pollutant over that time and distance traveled” to the regulated body of water. … ”  Read more from The Hill here:  EPA guidance may exempt some water polluters from Supreme Court permit mandate

The Trump administration’s environmental legacy can be undone. Here’s how.

With little more than a month left in its term, the Trump Administration has kept up its streak of implementing policy changes that put water, air, climate stability, public health, and wildlife in danger. Last month, for example, the Bureau of Land Management put out a call for oil- and gas-drilling leases in a long-undisturbed piece of the Arctic National Wildlife Refuge. And earlier in November, the US formally broke from the Paris Agreement, which set urgent carbon-reduction goals for countries big and small. … ”  Read more from Popular Science here:  The Trump administration’s environmental legacy can be undone. Here’s how.

U.S. just had its 4th-hottest November and year to date on record

November 2020 was very warm and quite dry for the United States as the Atlantic’s extremely active hurricane season came to a close.  Last month’s heat also added to a warm stretch so far for 2020, ranking the year to date as the nation’s fourth warmest, according to scientists at NOAA’s National Centers for Environmental Information (NCEI).  … ”  Read more from NOAA here:  U.S. just had its 4th-hottest November and year to date on record

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Today’s featured articles …

WESTERN GROUNDWATER CONGRESS: SGMA Isn’t Working – When It’s Time to Adjudicate.  Wait, When is it Time?

Nick Jacobs is a shareholder with Somach Simmons & Dunn. who has been practicing law for about 20 years and has handled groundwater adjudications from start to finish.  Aaron Ferguson, also with Somach Simmons & Dunn, has been helping clients throughout California solve complex water rights problems for over 9 years.

At the Groundwater Resources Association’s Western Groundwater Congress held in September of 2020, they gave the following presentation intended as a practical discussion of the key issues to consider if the Sustainable Groundwater Management Act process isn’t working and a stakeholder or water district is considering a groundwater adjudication.  Their presentation is intended for non-attorneys and focuses on laying out the key strategic issues and decisions associated with evaluating whether the SGMA process is working or if it is time to consider initiating a groundwater adjudication.

The decision to adjudicate should be well thought through,” advised Nick Jacobs.  “Groundwater adjudications are time-consuming – they will take years to resolve.  They are very expensive.  It is important, therefore, that you consider the key issues and get sound legal advice from water attorneys and top-notch hydrogeologists.”

Click here to read this article.

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Also on Maven’s Notebook today …

WATER PLAN eNEWS: ~~Webinar Today~ Plumbing Code~ Audit Software~ Conveyance Benefits~ Restoration Grants~ Data Collaborative ~~

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About the Daily Digest: The Daily Digest is a collection of selected news articles, commentaries and editorials appearing in the mainstream press. Items are generally selected to follow the focus of the Notebook blog. The Daily Digest is published every weekday with a weekend edition posting on Sundays.